"Managing peace" while being a human rights violator

Author: Juan David Gómez, MA

February 20, 2025

[Image credit: Reuters via BBC News]

Since President Gustavo Petro took office in 2022, he has appointed 43 individuals as ‘peace managers’ (gestores de paz, in Spanish) in the framework of his government strategy called 'total peace' (Paz total in Spanish), an initiative that seeks to completely end the armed conflict in Colombia through dialogue and negotiation with the different actors of this war. However, among those who have been appointed to “contribute with their knowledge and experience to the development of peacebuilding activities and guarantees of non-repetition, structuring of peace processes and strategies of rapprochement with illegal armed actors”, there are several individuals notorious for human rights violations and atrocities that they committed during the Colombian conflict as ex-members of different actors. This article aims to dive into the profiles of the 43 persons designated as ‘peace managers’ by Gustavo Petro’s government and shed light on the ethical conflict posed by appointing human rights violators as peace mediators in Colombia.

The context: ‘Peace managers’ in the context of the Colombian conflict

The Colombian conflict, spanning over six decades, involves a complex series of actors, including Marxist guerrilla groups (notably the FARC and ELN), right-wing paramilitary organizations, and state forces. The conflict, which is rooted in issues of land inequality, political exclusion, and drug trafficking, has caused immense suffering, with millions of victims of violence, displacement, and human rights violations. Each actor pursues different goals, from territorial control to ideological dominance or economic gains from illicit activities.

The term ‘peace manager’ (gestor de paz, in Spanish) has only recently gained popularity among Colombians within the conflict’s context. Nevertheless, its origins date back to Law 418 of 1997 (Law of Public Order), legislation that does not explicitly define what a peace manager is. Instead, it broadly outlines a legal framework that allows the government to adopt measures facilitating peace and reconciliation processes, including the designation of mediators (managers of peace) and spokespeople to represent different actors in the conflict. This mediation role would be of key importance during dialogues and approaches with the currently active actors in this conflict.

Furthermore, Law 2272 of 2022 expanded the government’s authority to appoint peace managers, providing legal guarantees such as suspending arrest warrants while the individual fulfills their role and limiting their functions strictly to facilitating dialogue without granting amnesty or pardons. This same law serves as the foundation for Petro’s ‘Total Peace’ policy. Petro’s approach moves away from military confrontation and embraces a peacebuilding strategy that is “participatory, broad, inclusive, and comprehensive, both in terms of the implementation of agreements as well as in relation to negotiation processes, dialogue, and submission to justice.” The initiative’s ultimate purpose is to achieve “stable and lasting peace, with guarantees of non-repetition and security for all Colombians; standards that avoid impunity and ensure, to the greatest extent possible, the rights of victims to truth, justice, and reparation.”

However, to what extent can one justify appointing individuals who are responsible for committing massacres and sexual offenses as peace managers? Who has the authority to define the red line that separates potential mediators from war criminals? Have the direct victims of those appointed as peace managers been included in the designation process?

The facts: several human rights violators have been appointed as peace managers.

Among Petro’s 43 appointed “peace managers”, 34 still have an arrest warrant in force, and 15 have been released from prison. Many are former members of guerilla and paramilitary organizations as well as organized criminal structures, including:

Hernán ‘El Señor de la Sierra’ or ‘Taladro’ Giraldo Serna, who, throughout his criminal career, has been attributed with more than two hundred acts of sexual violence against women, most of them minors as young as 11 years old.

Rodrigo ‘Jorge 40’ Tovar Pupo, an ex-paramilitary responsible for multiple massacres, forced displacements, and selective assassinations in the Caribbean region.

Salvatore Mancuso Gómez, an ex-paramilitary leader in the Caribbean region, who has confessed his participation in numerous massacres and assassinations during the early 2000s. He acknowledged responsibility for the forced displacement of entire communities and collaborated with military forces to perpetrate crimes against humanity. For example, in Tierralta, Córdoba, he targeted and killed people whom he considered to be guerrilla sympathizers or undesirable (such as sexual workers), which caused a wave of fear where a considerable portion of the population decided to escape.

The appointment of these individuals, without any explicit consent or even consultation on behalf of their victims, constitutes a clear violation of Article 8 of the Universal Declaration of Human Rights. The article states that “everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.” Moreover, the represented appointments of Colombian peace managers deny victims the basic fundamental rights allegedly guaranteed by the aforementioned laws. These dismissed liberties include the victims’ right to truth (due to the potential impunity and lack of accountability of these appointed individuals) and reparations, such as truth, justice, and retrieving the corpses of long-lost family members who were forcibly disappeared during the conflict[1].

Broader Implications for Human Rights

The designation of individuals with well-documented and widely known backgrounds as human rights violators as peace managers raises serious concerns about the preservation of international human rights standards. Although the Colombian government’s strategy aims to prioritize dialogue and reconciliation over ongoing military conflict, this approach risks eroding the fundamental principles of justice and accountability enshrined in the very laws and international resolutions that underpin the Total Peace strategy.

The Universal Declaration of Human Rights guarantees victims the right to an effective remedy in the face of violations of their fundamental rights. By appointing individuals who bear responsibility for massacres, sexual violence, and forced displacements without the explicit consent of their victims or providing robust mechanisms for accountability, the state could inadvertently contribute to impunity. This undermines the victims’ rights to truth, justice, and reparation and risks fostering a public perception that political convenience takes precedence over legal obligations.

Proposed Recommendations: Balancing Peace and Justice

I would like to propose some recommendations to overcome the challenges surrounding the false dichotomy of peace and justice, recognizing that in any war, victims must be prioritized when negotiating peace:

1. Victim-Centered Consent Consultation: Establish mandatory procedures for the government to contact direct victims or their legal representatives regarding individuals being considered for appointment as peace managers, ensuring explicit consent is obtained before proceeding.

2. Transparency in Selection Criteria: Define and publish clear, unambiguous, and legally grounded criteria for the process of becoming a peace manager, replacing the current reliance on vague legal interpretations.

3. Periodic Evaluations: Implement a system of regular evaluations to assess the performance and effectiveness of peace managers, including the possibility of revoking their status if they fail to demonstrate results within a specified timeframe.

The designation of peace managers by Petro’s government must not sacrifice justice in its pursuit of total peace. Appointing mediators with histories of rape, mass murder, and assassinations in any peace process discredits the current administration, undermines the entire peacebuilding strategy, and damages Colombia's image in the international community. Colombia’s experience offers a valuable lesson to the global community: peace and justice do not have to be mutually exclusive, and victims must always play a central role in any peace process, as they are the most affected by armed conflict. The resentment bred from a peace imposed without justice becomes fertile ground for a sharper, more acute, and endless conflict.

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Glossary

• Amnesty: A government-granted pardon for individuals or groups who have committed crimes, often political in nature, typically as part of reconciliation or peace efforts.

• Arrest warrant: A legal document issued by a judge or magistrate authorizing the arrest and detention of an individual suspected of a crime.

• Consent: Voluntary agreement or approval to a proposal or action, given freely and without coercion.

• Consultation: A process of seeking advice, information, or input from stakeholders, often as part of decision-making.

• Forced displacement: The coerced movement of people from their homes or communities due to conflict, persecution, or environmental factors.

• Gestores de paz: (Spanish for “peace managers”) Individuals appointed to facilitate peace processes, often acting as mediators or representatives to build dialogue between conflicting parties.

• Guerrilla: An irregular armed force engaging in small-scale, mobile warfare, often against a larger traditional military or government.

• Impunity: Exemption from punishment or legal consequences for actions that violate laws, often applied in the context of human rights violations.

• Inadvertently: Without intention, without noticing.

• Mass sexual offenses: Widespread or systematic acts of sexual violence, such as rape, often used as a weapon of war or oppression.

• Massacre: The intentional killing of a large number of people, often civilians, usually carried out indiscriminately or with extreme violence

• Mediators: Neutral individuals or entities facilitating communication and negotiation between conflicting parties to help resolve disputes or reach agreements.

• Pardons: Official acts by a government or head of state to forgive individuals for crimes, absolving them of penalties.

• Paramilitary group: A non-official, armed organization functioning similarly to a military force, in this case aligned to the state in confronting Marxist guerrillas.

• Paz total: (Spanish for “Total Peace”) A Colombian government policy aimed at achieving comprehensive peace through dialogue and negotiations with all armed actors involved in the conflict.

• Reconciliation: The process of restoring relationships and trust between conflicting parties after conflict or harm, often involving accountability and reparations.

• Reparations: Compensation or measures taken to address harm or damages caused by violations, such as human rights abuses, provided to victims or affected communities.

• Transparency: The practice of being open, honest, and accountable in actions and decision-making, ensuring that information is accessible to stakeholders.

• War criminal: An individual responsible for serious violations of the laws of war, such as crimes against humanity, genocide, or targeting civilians. Examples of laws of war are The Geneva Conventions (1949).

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Footnotes & Sources

[1] As peace managers, those appointed are not directly involved in addressing the cases of crimes they themselves committed, which does not guarantee that the victims know the truth from their victimizers, thus impeding effective reparation.

1. Caracol Radio. "Procuradora Rechaza Que Exparamilitares Sean Gestores de Paz: Vulneran Derechos de Niñas." Caracol Radio. November 28, 2024. https://caracol.com.co/2024/11/28/procuradora-rechaza-que-exparamilitares-sean-gestores-de-paz-vulneran-derechos-de-ninas/?utm_source=chatgpt.com 

2. El País. "El Gobierno Petro Nombra Gestores de Paz a los Excomandantes de las Autodefensas Unidas de Colombia." El País. November 12, 2024. https://elpais.com/america-colombia/2024-11-12/el-gobierno-petro-nombra-gestores-de-paz-a-los-excomandantes-de-las-autodefensas-unidas-de-colombia.html 

3. El Tiempo. "¿Gestores de Paz? Qué Significa Esta Figura Con la Que Petro Nombraría a Mancuso." El Tiempo. Accessed January 2, 2025. https://www.eltiempo.com/politica/proceso-de-paz/gestores-de-paz-que-significa-esta-figura-con-la-que-petro-nombraria-a-mancuso-789156

4. Función Pública. "Ley 418 de 1997." Función Pública. Accessed January 2, 2025. https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=6372

5. Semana. "Exclusivo: Esta es la Lista Oficial de los Gestores de Paz Designados por Petro: 15 Peligrosos Criminales Lograron Salir de la Cárcel." Semana. Accessed January 2, 2025. https://www.semana.com/politica/articulo/exclusivo-esta-es-la-lista-oficial-de-los-gestores-de-paz-designados-por-petro-15-peligrosos-criminales-lograron-salir-de-la-carcel/202407

6. United Nations. "Universal Declaration of Human Rights." United Nations Accessed January 2, 2025. https://www.un.org/en/about-us/universal-declaration-of-human-rights

7. United Nations Office of the High Commissioner for Human Rights (OHCHR). "Colombia: UN Expert Calls for Implementation of Peace Agreement as State Policy." OHCHR. March 2024. https://www.ohchr.org/en/press-releases/2024/03/colombia-un-expert-calls-implementation-peace-agreement-state-policy