NLG urges the Biden Administration to move swiftly to work positively with Gustavo Petro and Francia Márquez Mina, President and Vice-President Elect of Colombia

Photo: Francia Márquez/Twitter

The National Lawyers Guild (NLG) called upon the Biden administration to act quickly to work productively with the new Colombian president and vice-president, Gustavo Petro and Francia Márquez Mina, following the runoff elections on Sunday, June 19, 2022. 

In a letter addressed to President Biden, Secretary of State Anthony Blinken and U.S. Ambassador to Colombia Juan Carlos Pinzón, the NLG notes the importance of the U.S. administration taking action to positively work with the new Colombian government and reject any attempts to subvert or undermine a peaceful transition. It urges a change in U.S. policy that puts sovereignty and human rights first: “It is time to recognize that military aid is not what Colombia needs: Colombia needs a strengthening of institutions and humanitarian assistance which begins with US recognition of the inherent sovereignty of the Colombian people and nation-state to determine its own political and economic future.”

The letter notes serious concerns that the voters and candidates of the Pacto Histórico could be subjected to violence, not only from paramilitary elements, but from sectors of the Colombian military and police, both of which are substantially supported by U.S. funding. The NLG further notes that the Colombian police and military are significant human rights violators and that the Leahy Law, which prohibits the U.S. Department of State and Department of Defense from providing military assistance to foreign security forces that violate human rights with impunity, provides us with a legal and moral framework to avoid U.S. taxpayer money from being used to support state sponsored gross human rights violations.

In conclusion, the letter affirms: “We look forward to the US building relationships in Latin America based on shared humanity and commitment to the democratic will of the people. Colombia is a wonderful place to start.”

Download the letter in English

Download the letter in Spanish

Full text below:

Dear President Biden, Secretary Blinken and Ambassador Pinzón;

On June 19, 2022, the people of Colombia unequivocally voted for their next president and vice-president, Gustavo Petro and Francia Márquez Mina. These results have now been recognized by the outgoing President, Iván Duque, who has called for a “harmonious, institutional, and transparent transition.” Runoff candidate Rodolfo Hernandez has also conceded the election. While we commend the U.S. government joining other world leaders in recognizing the Pacto Historico victory, we hope to see a concrete willingness to work with the new administration as peers and to condemn any attempts to subvert a peaceful transition.

Although Gustavo Petro and Francia Márquez Mina have won the election, during the campaign, there were repeated death threats and wide reports of violence from paramilitary forces targeting progressive candidates and members of social movements mobilizing the Colombian people to participate in this historic election. On the day of elections, two electoral witnesses and human rights defenders for the Pacto Histórico (Historic Pact)—Roberto Carlos Rivas and Ersaín de Jesús Ramírez Ospina—were assassinated.

Additionally, the Colombian military and national police have failed to take the necessary actions to protect voters and candidates. Moreover, there is fear and concern that military and national police will slow-walk or shirk their duties in an effort to undermine a peaceful transition. These forces, the Colombian military and police, rely upon US funding and swift support for the new administration would discourage potential anti-democratic behavior. The United States must not condone, validate or normalize such violations or violence.

For several decades, U.S. policies in Colombia have aided in the training and financing of military and paramilitary forces through failed policies like Plan Colombia and drug intervention initiatives. It is time to recognize that military aid is not what Colombia needs: Colombia needs a strengthening of institutions and humanitarian assistance which begins with US recognition of the inherent sovereignty of the Colombian people and nation-state to determine its own political and economic future.

The Leahy Law, which prohibits the U.S. Department of State and Department of Defense from providing military assistance to foreign security forces that violate human rights with impunity, provides us with a legal and moral framework to avoid U.S. taxpayer money from being used to support state sponsored gross human rights violations. It is past due that the U.S. government recognizes that through omission and commission, the Colombian military and national police are complicit in human rights violations and any interference in the peaceful transition of power should lead to application of the Leahy Law.

Similarly, we expect the United States to counter corruption and condemn fraudulent capital flight such as that which members of congress have raised in relation to former Colombian presidential candidate Rodolfo Hernandez in a letter dated June 16, 2022.

Founded in 1937, the National Lawyers Guild is the oldest and largest progressive law association in the United States with a mission to hold and defend human rights above property interests. We look forward to the US building relationships in Latin America based on shared humanity and commitment to the democratic will of the people. Colombia is a wonderful place to start.

Sincerely,

Suzanne Adely, NLG President
Ken Montenegro, NLG Legal Worker Vice President
Natali Segovia, NLG Task Force on the Americas

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