PERSPECTIVES ON NARCOTICS TRAFFICKING IN COLOMBIA
INTRODUCTION
Marijuana, coca and poppy growing is an issue which has aroused considerable controversy in Colombia. This is not surprising. The narcotics traffic, phenomenon to which illicit-crop growing owes its complexity and significance, constitutes the most outstanding feature of what Fernand Braudel would term Colombia's current historical conjuncture. Indeed, the speed with which the narcotics phenomenon has developed since the mid 1970s has precipitated radical changes in Colombia's economy, society, politics and culture; and has largely contributed to fashioning the country's current national profile.
Drug trafficking has compounded the preexistent institutionalized social and political violence in Colombia by injecting it with its own doses of terrorism and mass assassination of opponents, competitors, officials and political and social activists. It has fueled the creation and/or consolidation of professional criminal organizations entrusted with settling accounts, eliminating obstacles and increasing the enormous profits to be had from this business. Gunmen recruited by narcotics traffickers have raised the homicide rates in some cities and enlisted large numbers of young people from the poorer quarters as sicarios (hired killers), and for general delinquency purposes. These youngsters are now facing the serious difficulty of freeing themselves from these activities.
The drug lords also kindled and financed paramilitary groups which have opened the way to the process of territorial appropriation and expansion whereby small landowners are evicted and agricultural lands are converted into extensive cattle-raising pastures. They have instigated forms of local organization where terrorism and the physical elimination of opponents and enemies are the norm, thus promoting public order models based on brutal armed domination.
The new monies from the narcotics business have leveraged the military capacity of Colombia´s insurgency -quick to realize that these funds could serve as fresh sources of income to finance their war efforts. As was to be expected, drug traffickers have made alliances with local landowners in order to stamp out the insurgent threat and consolidate their control over different parts of the country. They have thus turned large swaths of the country into war zones where the principal victims have been civilians submitted to extrajudicial killings and displacement. This conjunction of factors has only heightened the country's civil strife and made all possibilities of peace and democracy even more remote.
The narcotics traffic has also contributed to narrowing what was already a relatively closed social structure where ascending social mobility is sorely limited. It served to stimulate modes of social promotion rooted in corruption, intimidation and the use of trustees or shadow owners, who would in time serve to legitimize the traffickers. The potential to generate profits beyond any previously imagined encouraged an ethics of easy money and of conspicuous social success. Attempts to legalize narcotics profits were conducive to forging dense social networks that involved lawyers, architects, politicians, merchants, artists, brokers, and last but not least, experts in the art of laundering and legitimizing these assets and their owners. The most momentous accomplishment of these attempts at legitimization was the ability to influence the election of a presidential candidate, whose legitimacy was of course thereupon suspect. In short, the drug lords spared no effort towards participating in contouring Colombia's social landscape.
As regards the productive sector, the growing demand for illicit drugs in the wealthier countries, particularly the United States, has induced changes in the patterns of landed property concentration and in the intended role of the agrarian sector. Further repercussions are mass migrations and the expansion of the agricultural frontier to areas, which, although unfit for traditional agriculture, are suitable for producing raw materials for illegal drugs. Doubtlessly, this process has noticeably altered Colombia's demography and geography. It has turned a large portion of the country's peasant population into producers of raw materials for narcotics, making them accomplices to this illegal process; that which implicates the social identity accorded them and the way their situation is addressed. Indeed, in recent years, the coca-rich regions of the country have had to suffer the presence of the conflicting armies fighting for territorial control. They have also had to bear aerial spraying with highly toxic products and the government's "carrot and stick" approach, all of which has engendered an extremely traumatic relationship with a State that has favored eradication measures over more reasonable alternatives.
The traffic of narcotics has conditioned the manner by which Colombia has entered the international community. It has branded Colombia with a stigma whose effects have handicapped both the country's performance and identity as a nation. It, more ill-fatedly, made Colombia an object of U.S. concern -with the corresponding demands and need to respond. By signaling out Colombia as a significant threat to its national security, the United States has redoubled its requirements regarding what is expected of this neighbor. The strict agenda designed to eliminate the production and transshipping of illicit drugs has entailed significant changes in Colombia's institutions. Pressure has been exerted on the judicial system, the National Prisons Institute and the National Police to increase efficiency and comply with U.S. purposes and objectives, irrespective of whether they coincide with those of Colombia or not. In an increasingly globalized and unipolar world, the United States has made Colombia acutely aware of its vulnerability and bounded sovereignty.
I.1 Production
As of the mid 1970s,
and more noticeably so in the 1980s, Colombia became an important exporter of
marijuana and cocaine. By the 1990s, Colombia, while still maintaining a leading
transshipping role, was producing cocaine and cultivating opium poppy.
Marijuana
Marijuana
production, which during the 1980s was not abundant, seems to have increased
between 1992 and 1993. However, the range covered by the available data,
somewhere from 5,000 to
Cocaine
According to
Colombian government data, coca cultivation increased by 70% between 1991 and
1996, rising from 37,500 to
As in the case of
all illicit crops, the estimates vary considerably -from 35,000 to 165,000 coca-cultivated
hectares. Nevertheless, independent researchers agree that official data falls
short of the facts. The truth of the matter is that since traffickers have
responded to spraying by expanding coca cultivation to remote areas, it is
impossible to know for certain the extent of the areas cultivated and the
dynamics of this process.[2]
Sergio Uribe, for example, estimated that by 1994 there were approximately from
70,000 to
The Caquetá
department alone would be cultivating from 50,000 to
Opium Poppy
Poppy fields
increased from 2,028 to
Output
According to the
Colombian government, coca crop yields remained constant from 1992 to 1996. Some
government officials maintain that one hectare planted with coca will yield
about
As regards cocaine
hydrochloride (HCl) production, the differences are not so large. These same
government officials maintain that one hectare of coca yields 1.5 kilos of
semi-processed cocaine base, while other sources place this estimate at 1.6
kilos. Both sources agree that coca crops are harvested four or more times per
year, and that there are differences depending on the variety of the coca bush,
the location and
the
efficiency of the farming practices used.
It would seem that government figures do not take into consideration
variations in number of harvests and plant varieties when calculating potential
coca-leaf yields and cocaine HCl production.
At any rate, if one
considers, as affirmed by the Colombian government, that coca crops can be
harvested at least four times per year, then potential yield and production
figures would have to be multiplied by four. In any case, these figures
correspond to potential production and do not take into consideration
eradication results. Other estimates confirm the fact that yearly coca-leaf
yields per hectare surpass government valuations.
Thus, while some experts maintain that one hectare planted with coca
yields about 6,000 kilos of coca leaves per year, others maintain higher
productivity estimates.
According
to the latter, coca crops can be harvested once every 45 days. That is, 8 times
a year instead of four. In their opinion, an hectare yields
As regards poppy,
opium-base producing crops in the Huila department ( in the eastern slopes of
the Central Cordillera Mountain) are said to yield 5 kilos of latex (wet opium)
per hectare every six months. The quantity of heroin per latex gum is one to
ten. In any case, one hectare planted with opium poppy is considered a large
unit, larger than that of the average peasant.
Some reportings
indicate that coca and opium poppy production has augmented thanks to the
introduction of higher-yielding varieties, more efficient processing techniques,
greater availability of precursor chemicals and, as concerns coca crops,
planting in more fertile areas.
On
the other hand, other experts maintain that, in the coca-growing region of
southern Caquetá, dried-coca leaf yields have remained stable whereas in some
poppy-growing regions latex yields have dropped.
The peasants seem to think that this is due to soil exhaustion and
seedbed impoverishment, since seeds and soil are not periodically renovated.
They also attribute the decline to the scant use of fertilizers inasmuch as some
peasants consider it a wasteful expense due to the risk of spraying.
The difficulty of
accurately estimating the number of hectares under cultivation and their
potential yield and production renders it hard to know for certain the actual
amounts available for export -that is, the quantity left over once local demand
is satisfied and seizures effected. Rocha, for one, in order to simplify
matters, supposes that internal consumption and overall seizures of marijuana
and heroin are insignificant, and, using Uribe's figures, he estimates the
amounts of marijuana and heroin exported as equal to those produced[6].
Cocaine estimates have to be calculated otherwise, inasmuch as Colombian
narco-enterpreneurs also import coca paste from Perú and Bolivia for processing
and exportation to consumer markets.
The difficulty lies in estimating the total amount of coca paste imported
and processed to make cocaine HCI. This seems even more complicated than
estimating the extent of the cultivated areas and their output. In consequence,
Rocha depicts two scenarios -minimal and maximal- for cocaine exports. In the
first case, cocaine exports from 1985 to 1994 fluctuated between 31 tons in 1991
and 85 tons in
Eradication and crop
substitution
Crop substitution
alternatives are grounded on two assumptions, which are not necessarily true.
Firstly, on the presumption that the problem originated with the supply
of illicit drugs, and that in order to put an end to the demand it is necessary
to eliminate the source.
This means
eradicating marijuana, coca and poppy plants. That is, eliminating the
stationary targets as opposed to trying to destroy precursor chemicals and the
work involved in producing narcotics, which is much more difficult. Eradication
alternatives are based secondly on the assumption that peasants and indigenous
peoples will willingly cooperate as long as they can put their lands and labor
to legal use, even if this means diminished revenues. That, as a result, only
the small landowners and tenants should have access to alternative development
initiatives whereas, as the government sees it, commercial plantations should
receive no compensation whatsoever. This policy implicitly makes an ethical
distinction between large growers, considered avowed criminals, and peasant
farmers, who are forced to break the law by reason of their poverty.[7]
The President's Office has successively established two agencies charged
with implementing crop substitution and the alternative development strategy:
the National Rehabilitation Plan (PNR) and the National Plan for Alternative
Development (PLANTE).
In 1985, the
PNR initiated its first crop-substitution project in southern Cauca, on the
eastern slopes of the Central Cordillera Mountains.
It then coordinated programs in the southern part of the country, in
Nariño, Guaviare, Caquetá, and the Medio and Bajo Caguán, as well as in the
poppy-growing areas in the western Tolima and Cauca departments. In
On February 7, 1995,
when the Plante´s first manager took office, President Ernesto Samper promised
to eradicate illicit crops within a two-year period -underscoring the fact that
the peasants would be covered by the corresponding alternative development
programs. This commitment, made within the framework of U.S. decertification of
Colombia's counternarcotics efforts, disregarded experiences elsewhere and the
inherent difficulties in illicit-crop eradication.[8]
There are other
oversights, regarding for example, the positive correlation between the distance
from the crop-growing unit to the urban centers, and the dimensions of the
enterprise.
Drug eradication
programs which focus on the areas located near the chief municipalities, tend to
favor the more prosperous growers. As a result, allocative incomes end up as
incentives for the large entrepreneurs. What's more, it is in all likelihood
comparatively easier for large entrepreneurs to develop alternate sources in
order to circumvent drug-component control policies.
Within the framework
of this evaluation, further inconsistencies have been remarked.
Plante officials maintain that the social nature of the problem is barely
taken into consideration, particularly as is the case with the National Police
whose top priority is to secure aerial spraying. Moreover, police activities
tend to hamper the Plante's work since it is quite difficult for the peasant
farmers to reconcile the divergencies between an aid program, and one that
somehow goes against community-based needs.
To begin with,
illicit coca and poppy are highly remunerative crops and it is highly unlikely
that legal crops could generate equivalent revenues. Secondly, drug-growing
fields are generally to be found in those areas over which the government has no
control, or areas that do not have the required infrastructure to support
alternative economic activities. Thirdly, it is almost impossible for the State
to keep the peasants, once their crops eradicated, from planting illicit crops
anew in uncultivated common land. Another likelihood is that of peasants
planting illicit crops in order to take advantage of Plante subsidies.
Lastly, regional and local government officials often connive with
growers or traffickers hindering program implementation.
Furthermore, a
substitution program which does not have a long-term perspective is destined to
fail unless the amount of resources committed is exponentially increased. There
are several reasons for this: should alternative development programs be
successful in one area, crop-growing will just move elsewhere in order to
satisfy the demand, and, should a significant amount of the supply be
eradicated, prices would go up and this would just be one more incentive to
renew the business.
The indigenous
people have been particularly affected. They fear for the impact of illicit
crops on their social organization, and they are especially vulnerable to aerial
spraying since they plant coca and poppy crops on the same land used for
subsistence farming.
Consequently,
they have let it be known that they are willing to eradicate once the program
starts helping them to market with due regard to indigenous ways. They, much
like all the other social instances concerned, are hoping for effective
governmental action: the search for feasible and concrete alternative
development strategies and implementation. Although indigenous communities in
the Cauca, Putumayo, Guaviare, Caquetá, Vaupés y Guainía, have shown a
willingness to participate in the Plante for indigenous communities and
substitute their crops for nontraditional ones, only the Paeces and Guambianos,
both from the Cauca department, have signed agreements with the government and
begun crop substitution.
The problem will
persist, however, as long as illicit crops command higher prices than other
crops. Especially when the infrastructure required for the marketing of
substitute crops -transport routes, procurement centers, marketing programs that
guarantee the sale of surplus licit farm produce- has not been developed. A case
in point is the program initiated in the Huila department.
State officials, peasant leaders and big business promoted large-scale
planting of lulo fruit for sale to
sugar-processing industries whereupon the peasant farmers proceeded to
substitute all their other crops for lulo.
However, once the crop was ready for harvest, the industries which had
promoted the initiative decided to import a cheaper extract.
The peasants lost everything they had.
Some experts
maintain that the success of crop substitution depends on program
implementation:
over periods no
shorter than 8 years for coca growing and 12 years for poppy growing, involving
only those peasants tied to the land and not
colonos (frontiersmen/settlers)
and/or laborers working for narcotics traffickers, and integrating alternative
development strategies with activities geared towards breaking the illicit-crops
production-to-marketing cycle by taking action to stem the flow of precursor
chemicals and buyers into illicit-crop growing areas.
This not only means an 8 to 10-year process, which by typical Colombian
standards is way too long, but the fulfillment of other more difficult
requirements.
How does one
distinguish the peasant farmers from the
colonos? Is it really feasible to carry out these interdiction activities
without violating civil rights?
Crop-eradication has
had unforeseen outcomes. Eradication by aerial spraying has severe environmental
repercussions, including the destruction of other crops. As a result, peasants
go further up the mountain, clear protective vegetation, destroy genetic
resources, and plant in remote, largely inaccessible areas.
In 1995, for example, there was an overall reduction in crops linked to a
collapse of latex prices. Undoubtedly, the devastating effects of aerial
fumigation has impelled peasants -at least some of them- to abandon their crops,
however, the most powerful incentive for abandonment is price reduction of
illicit produce, as in the case of latex in 1995. At the beginning (early
nineties), a gram of latex sold for approximately US$1.80 (a kilo cost US$1,800)
by
The only way that alternative development can be a practicable option is if drug-growing inducements are eliminated. This means offering subsidies which are equivalent to the revenues obtained from growing these crops, and this to practically all of the growers in the areas concerned. This is a very expensive agrarian-subsidies policy, but it is the only workable alternative. Otherwise, the government will be obliged to eradicate by force, without awarding any type of compensation. This approach is both environmentally dangerous -it jeopardizes the conservation and sustainable use of biological diversity- and socially unjust since it focuses its demands on the weakest link in the narcotics-traffick chain. The risks involved in this approach were evidenced in the 1996 peasant protest marches which resulted from the explosive social situation created by the government, expanded the social base for the insurgency, and forced the government itself to negotiate an agreement which it has failed to fulfill fully.
Environmental
repercussions
Opium poppy is grown
at 1,800 to
The government has insisted that both
coca and poppy growing, and cocaine and opium production have a severe and
irreparable impact on the ecosystems in which they are carried out.
Coca and opium poppy growing in Colombia are generally practiced in
forested ecoregions, the country's watersheds.
As a result, the high altitude forest, now used for planting coca, is
being deforested and stripped of all protective vegetation.
This vegetation, which is what prevents soil erosion from the impact of
rain, winds, or water courses, is being either burned or destroyed by biocides
(herbicides, pesticides or fungicides).
Generally speaking,
planting one hectare of coca leads to the deforestation of four hectares of the
Amazon jungle in southeastern Colombia. As regards poppy, one hectare means the
loss of two and a half hectares of Andean cloud forest. Marijuana planting leads
to the destruction of one and a half hectares per hectare cultivated.
It is estimated that up to now coca cultivation has caused the
destruction of over 160,000 to
Furthermore,
biocides, fertilizers, solid precursor chemicals and liquid precursors needed to
process the coca leaf and opium gum pollute surface waters and other water
sheds. Estimates are that the processing of the leaf yield from one hectare of
coca produces a ton of chemical waste.[10]
As a result, many of the surface waters of the Amazon and Orinoco river basin
are endangered due to deforestation.
And those that manage to subsist are full of chemical poisons.
Comparatively, other
studies estimate that, although current coca cultivation practices go back three
decades, they are only answerable for 1/60 of the deforestation which has
occurred in Colombia during this period[11].
As concerns the environmental impact of eradication, the government plays down
the hazardous effects of aerial fumigation. A study by the Environmental
Auditing Commission states:
"Areas under aerial
spraying are sparsely inhabited and thus it is to be expected that the effects
on the inhabitants will be minimal. Another circumstance which keeps humans from
contact with the herbicide is the fact that the growers hide in the jungle as
soon as they hear the Counternarcotics Police helicopters. Furthermore, aerial
spraying is carried out in circumscribed areas.
Only illicit-crop fields are fumigated without affecting pasture lands,
forests or licit crops since fumigation processes are controlled and guided by
strict technical parameters guaranteed by permanent environmental auditing."[12]
Claims
by government officials disregard that eradication sorties by spray aircraft
often have to be carried out at high altitudes due to the insurgent threat.
According to Greenpeace, "Glyphosate is one of the most toxic herbicides, with
many species of wild plants being damaged or killed by applications of less than
10 micrograms per plant. Glyphosate can be more damaging to wild flora than many
other herbicides, as aerial spraying with glyphosate can give average drifts of
1200 to
Distribution
Marijuana, coca
paste and latex are bought by resellers at the farmgate. Those who are familiar
with the situation in these areas maintain that there are two different coca
markets. The local market which is made up of those farmers who plant small
plots and sell their coca leaves to the richer peasants of the region, which
then process the leaves in a rudimentary fashion and sell cocaine paste and
low-quality cocaine to the dealers.
These dealers either sell it directly to local consumers or ship it to other
cities for street distribution. A second market is that of the intermediaries
who buy the coca leaves and take them to modern labs located in the area where
the crop is processed for export. These labs are constantly moving for security
reasons. Some indigenous farmers sell their coca paste to middlemen who take it
to nearby "mom and pop" laboratories, or to other cities to be processed. Most
of the coca production is for export.
Distribution for
local consumption takes on different forms. The domestic market is in the hands
of resellers who shift most of the risk onto the street dealers, the people in
constant touch with the consumers. Consumers, for their part, go to certain
neighborhoods in both towns and cities; these are the appointed sectors for
satisfying local demand. It is extremely difficult to know for sure how many
intermediaries take part in the whole process, from processing to smuggling
narcotics out of the country.
What
is known is that generally, at the regional-municipal level there are two or
three capos (leaders of the cartels)
who are in charge of organizing leaf harvesting and coca processing. These
people are financially influential and they are constantly accompanied by groups
of armed men. The local capos or
merchants sell their products to wholesalers who process and/or distribute them
to the domestic market, or send shipments abroad.
The principal
distribution centers are big cities like Bogotá, Cali, Medellín, Bucaramanga,
Pereira and Barranquilla. Normally, as concerns the domestic market, a buyer
purchases from 5 to 20 kilos of coca paste or cocaine from the labs and sells
them to one or more middlemen who market the drug.
Formerly, cocaine and heroin were exported from rural airports.
Nowadays, however, the most common modes of conveyance are maritime,
mainly via the Pacific Ocean.
One of the most
important aspects -on which there is noticeable lack of research- is the
distribution patterns in consumer countries. Reports indicate that Colombian
cartels place the shipments at ports of entry, although they sometimes establish
contacts with narcotics traffickers in other countries.
Current ties seem to be with Mexican organizations, who take care of
transporting the merchandise. However, little is known regarding the number of
transactions and the main participants involved.[14]
Upon the dissolution
of the big cartels, small and medium-sized organizations took over the business.
These new groups were not new to the business; they had prior nexuses to the
cartels.
Their shipments, although
smaller, are more numerous. In fact, the death and/or imprisonment of the drug
lords raises serious questions regarding these new groups and the way they are
organized. Further queries would refer to the fragmentation or dispersal -and
displacement by Mexican, Peruvian and Bolivian organizations- of Colombian
narcotics-trafficking organizations as a result of governmental efforts.
One thing that seems
clear is that the cartels and the subsisting organizations are constantly
innovating by enhancing production technology and improving storing,
transportation and money laundering schemes. They have also improved their
vertical integration both at a national and international level, developed more
sophisticated ways of getting past the law, and diversified into new regions and
products. Drug-organization dynamics always seems to be one step ahead of
law-enforcement efforts, following models easily recognizable by students of the
nature and dynamics of modern organized crime[15].
One of the most widespread thesis is that of a mafia-type of organization.
Empirical analyses in other countries have shown that illegal businesses survive
thanks to trusts that can monopolize markets, and to the use of violence. The
situation in Colombia has taken a peculiar turn:
the dismantlement of the Medellín and Cali cartels has fragmented the
business. The only way to understand how the different strata in the
organization work is on the premise that the so-called
carteles are not pyramid-shaped
structures but federations of organized-crime outfits under the leadership of,
and answerable to, a capo.
In Colombia, after the disappearance or imprisonment of the big
capos, unknown drug-entrepreneurs
came to the fore and took charge of keeping up the distribution and exportation
structure. This seems to indicate that for different reasons, the cartels are
extremely dynamic organizations which are constantly recomposing themselves.
There is a chance
that increased supply and reduced prices might be due to the difficulty of
enforcing global control over the narcotics business which makes it easier for
these new groups to acquire raw materials, use transshipping routes previously
controlled by the cartels, have better access to international markets, and
achieve more efficient fund management since smaller amounts are harder to
detect. All of these changes in the dynamics of the narcotics business play a
key role in explaining rising supply and falling prices.
There have been
various attempts to assess illicit-drugs market size and income distribution in
Colombia.
Using different
methodologies, these studies have come up with varied results.[16]
According to the UNDCP, the annual income of
Colombian drug trafficking has been gauged by several researchers, who suggest
that illegal drug industry profits have fluctuated between US$2 and 5 billion
per year.
These estimates are based
on Colombia value added (i.e., difference of export prices and domestic costs of
cocaine manufacturing and trafficking) and are likely to underestimate the
actual profits of Colombians involved in the illegal drug business in the USA,
Bolivia, and Peru ¨[Thoumi 1995].
Furthermore, the accumulation of wealth to drug traffickers allows them to
influence the normal development of the Colombian economy[17].
By applying data
regarding the amount of opium produced and exported by Pakistan to coca growing
in Colombia, it can be deduced that direct producers do not net more than 7% of
the consumer-market value. This means that they do not earn more than 2% of the
price paid on the street. Additionally, Francisco Thoumi, after cross-checking
several sources, estimates that yearly inflows of drug revenues could be
comparable to the size of the overall private sector investment in Colombia.[18]
Capitals from the
illicit-drug business have gone notably into the rural areas of the country in
the way of cattle and land acquisitions.
This has raised the price of land, construction costs, housing expenses
and services in general.
In the
Valle del Cauca department, prices went down drastically after the authorities
started chasing the Cali Cartel. Since then, urban-land prices have fallen
considerably as have rural-land prices, but less.
Economists are hesitant to affirm that Colombia´s current recession is
due to the dismantlement of the so-called Cali Cartel.
Regional studies in the Valle del Cauca, however, highlight the impact of
the narcotics traffic on the region's 1990s boom. Accordingly, the inverse is
also possible. One could suggest that, since the narcotics traffic weighed
heavily on the Valle del Cauca's economy, the current recession is due to the
economic void generated as of the imprisonment of the leading members of the
Cali Cartel.
Consumption
The most recent and
thorough study on illicit-drug consumption in Colombia was carried out by the
Health Information and Study Center of the Fundación Santa Fe de Bogotá (Centro
de Estudios e Información en Salud de
As to the drugs consumed, marijuana is the most popular:
5.4% of the people interviewed had consumed it at one time or another
while only 1.6% of them had consumed cocaine, and 1.5% base/crack. All in all,
1.6% of the people interviewed said they had consumed illicit drugs in the past
year.
Although this percentage is
not large, it does add up to 400,000 people.
There is a positive correlation between illicit drug-consumption rates
and drug availability. 47.6% of the people interviewed said it was easy or very
easy to get marijuana while only 21.5% said it was difficult, very difficult or
impossible.
For getting base/crack
36.7% thought it was easy and 26.5% said it was hard.
For cocaine, 20.7% thought it easy and 35.6% thought it difficult. About
80-90% of the people interviewed said these drugs were health hazards, that they
generated family and legal problems and that they should not be legalized.
Comparatively, the first survey, carried out in 1992[20],
indicated higher licit-drugs consumption rates and lower illicit-drugs
consumption. The 1996 survey indicates that less people are consuming licit
drugs:
cigarette smoking went from
25.8% to 21.1% and alcohol drinking has gone from 74.6% to 60.3% between 1992
and 1996.
Meanwhile, consumption of
illicit substances rose from 5.9% to 6.5% in these four years. More women would
be consuming illicit drugs -the female population between the ages of 12 and 17,
and working-age women. “The most obvious difference is that observed for
the last year of the survey. A 0.8%
prevalence increase is remarked and 0.2%
new cases." [p.95]
“Overall-consumption increases for the
last year are mainly attributed to increases in marijuana consumption, from
0.6% to 1.1%” [p. 96].
The survey has some
drawbacks.
Its author admits that
illicit-drug users living in institutions -prisons and health institutions-, and
the homeless -where there is a higher incidence of drug consumption, were not
included in the survey. Furthermore, since the questions refer to an activity
which is considered illegal, people will obviously tend to understate
consumption. More generally, Augusto Pérez states that illicit-drug consumption
has been underestimated because "home surveys are not the best means to
determine illicit-drug consumption in Colombia," and that, according to such
data, "the consumption rates of illegal substances is minimal.
This does not coincide with data forthcoming from direct sources
(requests for attention from different communities, schools and organizations)."
Pérez, who calls on
other studies and on his previous personal experience with consumers to support
his statements, says that marijuana consumption increased during the 5 to
10-year cycle which characterizes marijuana usage; that base/crack consumption
has decreased; cocaine consumption has remained stable; and that consumption of
all three substances has increased among young women. He foresees
drug-consumption increases in the future. According to Pérez, the reasons for
rising consumption are "the generalized disorganization of people's lives,
particularly in urban environments”, a lack of goals, diminished communication
between parents and offspring, and the scarcity of positive leadership.
The actors
Producers
Broadly speaking,
the category "direct producers" covers two types of people.
First of all, the peasant farmers which include indigenous peoples,
longtime farmgate residents and the
colonos. The second type of direct producers are the
“raspachines”, that is, the migrant
workers who work as hired labor in the harvesting of the coca leaf or the
incision of the poppy capsule. The expansion of illicit-crop growing has been
particularly detrimental to indigenous communities.
Illicit coca-growing has disrupted their communal relations, their
traditional economies and their culture. Indigenous people have several reasons
for growing coca.
Among others, the
fact that
the coca leaf is a sacred and revered substance in their culture.
The growing of the
coca bush has inevitably led to their involvement in the narcotics traffic.
They have, as a consequence, become planters of other illicit crops which
were not traditionally grown by indigenous Colombian communities. Other factors
which contributed to their involvement in the traffic of narcotics are the
weakness of the links between traditional indigenous economies and regional and
national market economies, their strategic location in the lowlands and
highlands of the frontier zones, and the lack of coordinated attention on the
part of government agencies.
For their part, the
colonos have been evicted from the
central Andean regions of the country and have moved to the more marginal zones
of the Andean Range where they either own or lease small plots of land. Their
family structures are relatively consolidated and they have joined communal
associations in a search to improve their standards of living.
Some of them have become community or political leaders and have managed
to attain administrative posts in their areas[21].
The colonos' marginal status has
contributed to making the consequences of the agrarian crisis, which has
affected Colombia as of the mid 80s, even more severe in their case.
As a result, illicit crop-growing came as a way out.
It seemed the only means available for them to continue farming and raise
their revenues above subsistence levels, even granting them the possibility of
saving for lean times.
The
“raspachines” or migrant laborers
come both from the rural and urban areas. As opposed to the
colonos, the
raspachines are not seeking to
preserve a way of life.
What they
are basically looking for is higher wages. In some cases, they even manage to
save up enough to buy or lease lands to plant their own coca or poppy crops.
Peasant farmers are
much more receptive to official eradication and substitution programs than the
raspachines. Peasants living in
marginal zones are displaced populations struggling to preserve their
agricultural way of life. To them illicit-crop growing has come as an answer. In
any case, the issue is that increased illicit-drug consumption due to the
enormous profits to be gained from this traffic is a source of strife in the
areas dedicated to the production of these substances.
Neither the guerrilla groups nor the police have been able to control the
violence in these areas.
In
general, direct producers in those areas controlled by the insurgency always
turn to the "local" guerrilla groups for conflict resolution and claims that
justice be done.
They do, however,
continue demanding that the State make itself felt with regards to economic
issues such as loans and land distribution.
Other local actors
are the merchants and landowners living in the chief towns of the colonization
zones.
Many of them have improved
their finances thanks to loans which they grant to direct producers, who are
often forced to cede their lands and developments when unable to pay back the
loan. Merchants thus expand their land holdings, which they use for extensive
agriculture or, in some cases, for illicit-crop growing. Among the local actors
can also be found the owners of small or medium-sized labs.
They participate in the initial processing of the coca leaf. They are the
ones who can establish some sort of contact with the larger labs located
elsewhere in Colombia, those which refine the product for export.
Lastly, there are
the absentee producers and owners of illicit-crop fields in zones set apart from
colonization processes and not attained by eradication programs.
These people contract hired laborers, thus inciting the destructive
expansion of Colombia's agricultural frontier.
They are the ones who make the most money in the crop-growing phase while
incurring the least risk. Some of them also own labs in Colombia or abroad and
by so doing take part in the different stages of the productive process thus
increasing their profits.
State agencies and
officials
There seems to be
adverse general agreement regarding the behavior of the Colombian Armed Forces
in illicit-crop growing and production areas. It is a known fact that some
members of the Armed Forces and National Police take part in the protection,
transportation and handling of illicit drugs. The Colombian Army occasionally
goes to illicit-crop areas where it combats the insurgent groups and sometimes
engages in manual eradication. The National Police, on the other hand, is in
these areas on a more regular basis. At any rate, there are areas where both the
army and the police partake in the narcotics business by collecting informal
taxes. Higher up in the hierarchy, the direct complicity and participation of
public service agents has been remarked.
At any rate,
peasants tend to be doubtful of the efforts made by the Plante.
They seem to think they are superficial and wanting in that they do not
address the sector's structural problems. Other government agencies also carry
out local associational activities through "mid-objectives" crop substitution
programs. One example is the Plan Sur, which ensued in 1969 from negotiations
between the national government and the coca peasants. It has been engaged in
coordinating crop-substitution investments and loans, with little or no results.
Irregular Armed
Forces
Although at the
beginning the FARC opposed illicit-crop growing by the peasants, it soon decided
to face facts. Guerrilla groups in Colombia have contributed to regulating
social interaction in the municipalities where they continuously operate and
where they act as a hegemonic power.
In some municipalities, they enforce environmental protection laws,
demand that at least
Paramilitary groups
are organizations that depend heavily on the narcotics business. They differ
from the guerrilla, though. These squads, created by the drug lords and backed
by some within the official security forces, guard the narcotics crops in those
areas where the Popular Liberation Army (Ejercito Popular de Liberación -EPL)
and the National Liberation Army (ELN) operate.
They combat the insurgents and displace civilians -even if it means
threatening them with mass murder. The main difference is that while the FARC
insurgents are parasites who live off of the narcotics traffic by collecting
taxes on production and initial stage of the traffic, the paramilitary squads
are a parasitory creation of the drug lords, who set paramilitary purposes and
goals.
Intermediaries
Middlemen generally
come from the big cities. They don't normally live in the areas where the coca
is produced. It is commonplace for them to pay in advance to cultivate coca and
opium poppy, thus replacing legal crops for illegal ones.
They come in different styles. On the one hand, there are the
“chichipatos”,small and intermediate buyers who dip into the large
intermediaries' premium or corner the local market when prices are low.
On the other hand, there are the big intermediaries who handle larger
amounts of money. They are the main buyers of coca paste as well as the
suppliers of the chemicals, precursors, and other raw materials needed by the
direct producer to process the coca-leaf.
II.
SOCIO-CULTURAL
DIMENSIONS
Narcotics traffickers' social
characteristics and their relationships with other groups
A narcotics
trafficker is anyone who is linked to that part of the supply chain which
generates enormous excess profits. They are a group insofar as they share common
interests and common means of satisfying them, even if they do not belong to the
same organization. That which identifies them is the aim to accumulate riches
and social status by illegal means, the use of violence and bribery, the search
for social recognition, their urban-poor origins, and prior delinquency records.
Rapid accumulation of wealth allows them to be generous and even spendthrifts.
They are, however, merciless with anyone who breaks their rules.
These are the standards they live by.
Narcotics
traffickers stand at midpoint between being a group and a social class. They
constitute a group within a class, a "class sector" bound together by a common
object and through the way they acquire their wealth.
Wealth gives them the right to exercise social and political influence.
They are identified as “false friends” of the State, insofar as they do not
promote changes in its structure. They are, on the contrary, quite conservative.
Colombia's case
could be said to be that of recent modernization led by a "class sector" which
feeds on the underground economy. In general, narcotics traffickers tend to
recreate traditional Colombian cultural and social values. The values they
highlight are those associated with the use of force and violence, which range
from machismo (he-man values) to
extrajudicial killings and "social cleansing".
All of the standards which
this sector of Colombian society reinforces go against the basics of civility
and democracy.
Narcotics
traffickers are conservative, reactionary and violent. They weakened the
foundations of what is left of Colombia's traditional society.
In general, wide sectors
-working and middle classes- view the narcotics business as a legitimate means
of accumulating wealth and moving upwards in the social structure.
The example set by the traffickers has led these sectors to believe that
it is impossible -or incredibly difficult- to reach a decent living standard by
working, however hard. Some peasants, although they do not sympathize with the
narcotics traffickers, find that the only way to survive the agrarian crisis and
make a living is by growing coca or opium poppy.
There are two
sectors which reject narcotics traffickers: those who find the drug traffic
immoral, and those who fear for the Colombian State, alarmed at its buckling
under the challenge posed by the narcotics business.
This, of course, depends on the circumstances of the moment.
Nonetheless, caeteris paribus,
the only way to explain what occurred in Colombia is by recognizing that
narcotics traffickers were widely accepted in different social circles at one
time. They were well received by the working class, the middle class,
the ruling class, as well as by political, economic and cultural leaders,
who coexisted with this illegal business and benefited from it.
Narcotics
traffickers have strong reasons for wanting to attain legitimacy. They bought
their way into the legal economy by purchasing both rural and urban lands; by
establishing agricultural, industrial and construction businesses; and by
entering the services sector. They moved into the market and established
business relations with legal merchants. Furthermore, narcotics traffickers have
a tendency to act as benefactors for local or regional charities. They have by
such means wormed their way into the mass media, sports, charities, and even the
Catholic Church.
A study carried out
in the Colombian region of the Valle del Cauca indicates that the acceptance
patterns for illegal entrepreneurs correlated with factors such as social
background, local leadership characteristics, the presence or absence of armed
insurgent groups, the forms by which the State imposes repressive measures, the
strategies used to accumulate and launder monies, land-ownership patterns, and
the strength or weaknesses of local associational organizations[22].
Field work within the framework of another study spotted certain behavior
patterns which, with one or two variations,
can apply to other regions of the country.
In fact, illegal entrepreneurs, though identified as delinquents, are
widely accepted -even if not always openly- by the intermediate and upper social
circles in their localities. This is partly due to several factors such as the
fact that they invest locally, thus creating new jobs; they spend with largess,
thus redistributing wealth (at least to their inner circle); and they sponsor
housing and conspicuous construction which build which enhance the sense of
belonging and pride among the members of the local community. They are seen as
"living" proof that audacity and inventiveness are a sure way to success[23].
At any rate,
narcotics traffickers have had an extremely negative influence on Colombian
common morals. Particularly, on those of the poorer sectors of society, whose
greatest dream now is to make it like the
capos.
And as it is relatively
commonplace to break the law with impunity, more and more people willingly look
for a way to make money without having to work for it.
Narcotics traffickers have been aided and abetted by retired army and
police personnel.
Narcotics
traffickers do not contribute a new set of
common morals to Colombian
society.
What they do is exacerbate
existing morals putting the perverse side of these social standards on the line.
They distort common morals by taking them to the limit as in the case of
consumerism and of Colombia's loss of institutional legitimacy (as in the case
of the generalized State-authority crisis suffered by Colombia in the
mid-eighties.) They thus hinder all chances of institutional mediation since
they are adverse to institutional loyalty of any kind, and they endorse the fact
that anyone can reach power through the use of violence.
This is witnessed by the means used by urban youth to attain respect and
recognition.
The relationship
between the groups tied to the narcotics traffic and other social groups is an
ambiguous one.
In effect, Colombian
society in general has been quite permissive of the drug lords and their
standards.
This, of course, cannot
be said of the whole of society.
Certain social sectors reject narcotics traffickers completely.
As regards the other
links in the narcotics chain, according to observers and fieldwork done, some
raspachines are well received when
they return to their hometowns after having made money since this newly-acquired
wealth is considered a sign of success.
In fact, they serve as role models inciting young people to migrate to
the production areas.
Apart from the
direct producers, whose social interaction is carried out peer level, further up
the scale are to be found the technicians (chemists or cooks, and lab
assistants), who might experience similar processes to those of the
raspachines.
This latter group, however, accumulates more earnings and has therefore
the possibility of recycling itself in other economic activities outside of the
production zones.
One of the most
weighty issues in the relationship that is established between narcotics
traffickers and other sectors of society is that of violence.
To a great degree, violence has become a daily occurrence, power has
become fragmented and private interests have come to prevail over public
welfare.
II.2 Links with
political organizations
Some experts maintain that the traffickers have built up fairly patent
relationships with old-time politicians, particularly of the Liberal Party, as
shown through the process opened against President Ernesto Samper for
allegations of drug money in his electoral campaign.[24]
Many regional politicians became mere instruments in the hands of narcotics
traffickers.[25]
More generally,
Colombian leftist groups have been less open to narcotics traffickers.
Nevertheless, there are indications of close ties between some insurgent groups
and narcotics traffickers, and of demobilized guerrilla members who have joined
narcotics-trafficking organizations.
Noteworthy cases are those of leftist militants (including namely the
M-19 and the EPL) who ended up in trafficking outfits and somehow aided in the
creation of
their political
organizations.
Drug traffickers
have been instrumental in organizing paramilitary squads and self-defense groups
which have applied their mass-murder strategies to anyone suspected of having
anything to do with the guerrilla groups. These groups were founded in the 1970s
in response to the kidnapping of some traffickers' relatives by the insurgency.
Since then, they have become key players and protagonists in land-concentration
processes whereby the capos become
large landowners.
They have
contributed to redefining which of the country's irregular armed forces controls
what part of the territory; and, most momentously, to limiting the horizons of
Colombia's perspectives for peace.[26]
The conflicting armed groups have been engaged in a territorial war where
control over the illicit crops, as a source of war-effort revenues, is a key
element.
Fernando Cubides, an
expert on the subject, has clearly pointed out that the paramilitary groups,
which started out as private actors defending large land-holding interests, are
now actors in Colombia's public war.[27]
Colombia's urban
violence owes much to drug traffickers.
They fueled new forms of crime such as indiscriminate terrorism and
"magnicides"; they instigated the kidnapping of politicians, journalists, and
even actors -as well as the relatives of these sectors of society.
They played a key role in organizing "social-cleansing" squads[28].
They built complex networks of hired assassins or
sicarios which involved, mainly
though not solely, youngsters from Medellín.
These sicarios were used to
eliminate all opposition: their competitors, those politicians who refused to be
bribed, government officials, and anyone who was thought to owe anything to the
narcotics traffickers..[29]
As regards their relationship with insurgent groups, traffickers and guerrilla groups made strategic alliances at the beginning of the 1980s -particularly with the FARC. These links however have not been clear-cut or without a certain degree of conflict -among others, the extrajudicial killing of the members of the Unión Patriótica (UP) party, the political wing formed by the FARC who had abandoned armed struggle. The relationship between narcotics traffickers and guerrilla groups led U.S. ambassador to Colombia, Lewis Tambs, to coin the theory of the narcoguerrilla; theory which was readily taken up by the Colombian military[30].
III. NARCOTICS POLICY
As mentioned
previously, official narcotics policy is the issue which arouses the most
controversy -consensus does not really go beyond accepting that it is of the
outmost importance.
Numerous
experts are highly critical of the government's drug policy. Several of them
consider that it has been erratic and inconsistent, and alternatively designed
in response to contradicting demands from
traffickers and the U.S. government. Accordingly, official narcotics
policies are not only incoherent but their focus, strategies, judicial and
political guidelines and measures are constantly being changed.
In 1996, for example, mandatory minimum sentencing for narcotics
trafficking was extended.
The
following year, the so-called "penal alternative" law reduced sentences for a
good number of crimes and created new benefits, such as weekend home leaves.
Other inconsistencies are laws which are enacted but never enforced, as
in the case of the law that establishes the
expropriation of assets, a law that has had very little results up to
now.
Some experts believe
that there are no truly global policies, since government actions have favored
repression and interdiction of narcotics production and marketing in answer to
U.S. pressure.
Other scholars
suggest that global narcotics policies should be both comprehensive, designed
for the long term,
interrelated and
enforced.
This rules out the
tactical, circumstantial, changeable and erratic policies which have been
predominant up to now.
The different
Colombian administrations have discontinuously tried to apply repressive
measures, either selectively or partially, and with disparate emphasis depending
on domestic circumstances and external pressure. They have initiated among
others, chemical eradication, interdiction of the different stages the narcotics
business, increased military involvement in counternarcotics activities -which
ideally should correspond to the police force, the extradition of Colombian
nationals, escalated criminalization of the drug phenomenon and related
activities, and the search to develop international cooperation and a
multilateral approach to narcotics.
One of the experts
interviewed presents an innovative analytical element which distinguishes
between two set of norms and practices within the global narcotics policy. On
the one hand, that policy which addresses drug abuse and which is dealt with
through diverse legislative, judicial and law-enforcement measures, namely the
National Narcotics Statute (Estatuto Nacional de Estupefacientes -ENE) and
through the signature of the 1988 Geneva Convention. On the other hand, there
are the policies designed to counter narcotics, or to be more precise, narcotics
traffickers, their violence and corruptive incidence.
These policies include a broad range of measures, mainly enacted under
state of siege; and they are geared towards facing the challenge posed by
illicit drug merchants.
It is also important
to highlight the contradictory nature of counternarcotics policies, insofar as
what is being stressed -crop eradication through aerial spraying- contrasts with
the search for voluntary substitution initiatives, loan commitment and less
aggressive measures towards direct producers.
III. 1. Changes
during the 1990s
Virgilio Barco's
administration (1986-1990) achieved an important goal in the
war on drugs: Colombia defended the need to develop an integral approach
to illicit drugs and managed to convince other countries of the need to share
the responsibility for solving the traffic issue. It embraced the view -held at
the time by both Europe and the U.S.- that the solution was to foment legal
activities (as through the ATPA and the European Union[31]).
Under the Barco Administration, Colombia received international aid to
compensate, if only to a small degree, the financial costs of the war on drugs.
Barco's government managed to
partially dismantle the first generation of Antioquia's
traffic thanks to repressive policies, extradition to the United States,
and a strategy which demanded the surrender of cartel members. This
administration refined the gathering (though not necessarily the application) of
intelligence information on traffickers operating in Colombia. It was, however,
during Virgilio Barco´s presidency that the Colombian State declared the "war on
drugs" and that traffickers declared total war with unprecedented nationwide
terrorist attacks.
A opposed to Barco's
crackdown policies, under President César Gaviria (1990-1994) both the State and
civil society were slow to react towards the narcotics-traffic phenomenon.
Eventually, the Gaviria Administration
undertook the development of an assertive, systematic, coherent and
well-structured policy to check each and all of the links in the chain. In
accordance with the National Counterviolence Strategy (Estrategia Nacional
contra
Some of the experts
that agree in their appreciations of the Barco Administration also consider that
what occurred during Ernesto Samper's Administration (1994-1998) was convenient
since, although repressive
and
eradication policies were strengthened only to be later weakened once again, the
basics were maintained. The different administrations have developed divers
approaches depending on a series of domestic, hemispheric and international
factors. Two key elements marked the decade.
On the one hand, accusations relating to contributions from drug
traffickers to Samper's 1994 presidential campaign which prompted Samper to
apply harsher measures against narcotics traffickers.
On the other hand, Samper's loss of legitimacy which hardened U.S.
policies towards Colombia, as shown by Colombia's twice-over decertification,
and by mounting U.S. pressure to toughen repressive counternarcotics measures.
Scholars and experts
in the field find it much more difficult to gauge the results of
counternarcotics policies. Prohibition is not conducive, but it is an imposed
imperative and its effects need to be counterbalanced.
In some cases repressive policies have had positive results.
In spite of inherent contradictions, Barco's war on the cartels was
salutary in that it put an end to certain alliances and complicities between
narcotics traffickers, the military and paramilitary groups. Nevertheless,
counternarcotics measures have mainly been of a reactive nature, and coherent
and sustained policies have been sorely lacking.
In any event, new narcotics enterprises are constantly being formed and
the narcotics traffic goes on[32].
III.2. The Results
Almost all of the
experts interviewed were extremely critical of Colombia´s counternarcotics
policy. They fault their erratic and incoherent nature which attempts to respond
simultaneously to opposing demands by local narcotics traffickers and the U.S.
government. However, some of the experts seem to think that these policies have
been successful.
In fact, they find
that, had they not been implemented, things would be much worse. At any rate,
and in spite of some achievements, the experts tend to disqualify the coherence
and reasoning behind narcotics policies.
There are two basic flaws in the way the drug problem is being addressed.
Firstly, prohibition does not seem to be the answer.
Secondly, the diagnosis made and incorporated into Colombian policies
does not necessarily take into consideration Colombia's national state of
affairs.
Criticisms underscore the
fact that the Colombian State promotes alcohol consumption. While liquor, which
is the substance which causes the most severe health and social hazards in
Colombia is sponsored by the
State,
other drugs with milder social and sanitary repercussions are outlawed.
Furthermore, a one-sided approach is considered ineffective.
The purpose of a counternarcotics policy is defeated if it only attacks
the production of narcotics and does not simultaneously incorporate strong
measures to curb drug abuse, the sale of precursors and money laundering.
Statistics indicate that more and more people worldwide are now consuming drugs
notwithstanding the repressive policies that have been applied in countries
producing narcotics, and in spite of the enormous costs of this repression.
However, one positive upshot of condemning certain drugs might be a slight
decrease in the use of those drugs.
There are certain
aspects of current counternarcotics policies which have been particularly
harmful. Namely, crop eradication and substitution, the phased "surrender
program" and the ever-escalating militarization of the war on drugs. Other
policies are more debatable, as in the case of the "faceless" justice system,
harsher minimum mandatory sentences and extradition of Colombian nationals for
sentencing abroad; these have both positive and negative aspects.
Certain policies, on the other hand, are widely applauded., as is the
case with money laundering, asset forfeiture, and decriminalization of drug
consumption as of a
1994
Constitutional Court ruling.
.
IV. CONCLUSIONS:
TOWARDS A NEW DRUG POLICY
The vision that
guides current drug policies needs to be reassessed in order to develop a
coherent and lasting government policy. First and foremost, wider participation
and a more democratic process is required in the search for a more precise
definition of the basic dimensions of the problem. Attempts should be made to
address consumption as a public health issue and not as a criminal problem.
It is furthermore necessary to develop an appropriate perspective
regarding
demand and supply in
order to put an end to a controversy which seems to stem more from ideological
differences than anything else.
Accepting that demand and supply are the two sides of the same coin is more
conducive to formulating integral policies than trying to place the blame on
either suppliers or consumers.
Increasing the
economic aid allocated to direct producers and to the regions where production
has taken hold would be a more democratic and propitious policy than confronting
supply by applying aggressive measures such as spraying with chemicals.
Notwithstanding the problems which this
approach might generate, at both the national and international levels, and on
an economic as well as a political scale, the Colombian government should
endeavor to represent one of the most needy sectors of its people: the
raspachines and the
colonos.
Furthermore, although this might be a source of contention, particularly
with the U.S. government, no doubt this stance will be backed by other States
and international organizations.
As far as drug abuse
is concerned, the Colombian government has been slow in augmenting its efforts
to come to the aid of consumers. It could, for example, implement measures such
as therapeutic prescriptions, public education programs regarding the dangers of
intravenous drug use and AIDS contagion, activities that help to keep young
people away from drugs, and enforcement of controls over the sale of base/crack,
which is an extremely destructive hard drug.
Although some steps
have already been taken, other measures are urgently required, as for example,
alternative dispositions involving a graduated scale of punishment.
Currently, the weakest are being penalized the most whereas white-collar
criminals, who have attained social, economic and political power and privileges
thanks to the narcotics traffic, are being treated with considerable leniency.
These privileged criminals pose the most serious threat to Colombia's
institutional stability and democracy.
There seems to be
worldwide consensus regarding the fact that the competent authorities in charge
of fighting the war on drugs are the police, the judiciary and the social sector
of the State, and this is in general the way the Colombian State has viewed the
matter.
However, opinions have been
voiced and pressure exerted demanding active military participation in
counternarcotics activities. The complex interaction between growers and
intermediaries and the insurgent groups operating in crop-growing areas -plus
the ensuing equation narcotics traffic/guerrilla warfare- is a source of concern
to the military establishment.
Certain interest groups in the United States also consider military
participation a must. Although the Colombian government has resisted these
pressures -up to now it has not considered military intervention in the
narcotics war convenient, nowadays this opposition is weakening. The military
alternative is gaining ground.
Extradition is undoubtedly the counternarcoticcs policy which arouses the most controversy. It stirred up traffickers who responded with brutal and generalized terrorism at the end of the 80s and beginning of the 90s. It is also a source of contestation among intellectuals and politicians. Extradition is said to undermine and substitute Colombian judicial institutions. It makes the Colombian State into an intermediary between the delinquent and the judiciary of another country, which spells the end of enhancing criminal-intelligence gathering in Colombia. Other arguments used against extradition are its repercussions in terms of terrorism and the assassination of judges; and for human rights reasons since U.S. justice is not particularly impartial towards Colombians. At any rate, as far as extradition enforcement is concerned -with few exceptions- only minor king pins have been extradited, Colombia's civil strife has been aggravated and its justice weakened.
There are of course
important arguments in favor of extradition, as is the case of international
cooperation, reduced international pressure and, more precisely, the possibility
of linking the threat of extradition to surrender policies. It might therefore
be convenient to re-institute the U.S.-Colombian extradition treaty.
However it should not be mandatory nor automatic but as an alternative to
those who refuse to submit to the law. It is considered a fundamental instrument
used by the international community in its war on drugs.
It is deemed convenient if articulated within the framework of a global
policy, and not when pointedly dealing with only one aspect of the whole
process.
A number of experts
agree with current prohibition and consider that it should be geared towards
displacing production to other countries. They support the policies currently
being implemented and maintain that they should be compounded by extradition.
Traffic exacts a high social toll, and Colombia should therefore apply
repressive measures against it.
Colombia cannot put an end to the narcotics traffic, but it can push it
elsewhere where enforcement is lax. In the opinion of these experts, this is
what has been achieved by current counternarcotics policies -the success of
these policies lies in having displaced the problem. Since the only answer is
repression, Colombia has to be more repressive than other countries involved in
the narcotics business.
An expert that we
interviewed makes a very concrete proposal.
He suggests that drug policies should revolve around two axes: 1) The
signing of a multilateral treaty whereby all of the countries agree to apply
severe repressive measures to counter narcotics marketing, the supply of
precursors and raw materials, money laundering, and to prevent the growing and
consumption of narcotics. 2) This same treaty should foresee the creation of an
international criminal court to mete out equitable sentences in drug cases.
Similarly, some of
the experts interviewed maintain that what is required are diverse actions
geared towards recovering the idea that the State and society have the
problem under control, and not the other way around.
Undoubtedly, in the past few years, distribution networks have been
dismantled and some of the capos have
been detained.
The problem with
this proactive governmental action is that it is circumstantial.
Counternarcotics policies and actions should also address the ability of the
illegal narcotics business to recompose itself.
Some of the experts maintain the need to change underlying tenets. They believe it preferable to bypass the dilemma prohibition-legalization by opting for a strategy focused on harm reduction at the judicial, sanitary, social, police and diplomatic levels, both at home and abroad. They recommend a long-term perspective that does not speculate on immediate results, and which promotes citizen participation; international and national control mechanisms to evaluate developments, achievements and difficulties; and commitment to full cooperation between government officials and nongovernmental actors at a subregional, hemispheric and international level.
Lastly, one of the
experts puts forth a more detailed proposal. He sustains that the international
community should consider the possibility of limited decriminalization, which is
halfway between the two extremes -prohibition and legalization.
The assessment is that the best way to address the narcotics problem is
by applying a flexible scale of penalties, sanctions and measures to meet the
need for suitable action in respect of the different kinds of activities
connected with drugs: production, distribution, and consumption -of both licit
and illicit drugs. This implies going beyond the harm reduction perspective.
It means furthermore -as compared to the Dutch model- decriminalizing and
controlling the production and distribution of psychotropic substances.
As refers to
Colombia, the contention is that a distinction must be made between drug
policies and policies to counter the narcotics traffic. Insofar as drug policies
are concerned, Colombia has delayed way too long a much needed global drug
policy, regarding both licit and illicit drugs. It needs to supersede the
ambiguous, anti-technical and undemocratic National Narcotics Statute currently
in force. Colombians should develop alternative domestic drug policies
comprising considerations such as the legal use of narcotics, respect for
traditional uses of
psychotropic
substances, and limiting the damage caused by substances such as alcohol.
These policies should be guided by harm-reduction considerations.
Despite the fact that some steps towars this direction have been implemented, it seems clear that to-day a new gradation of penalties is required in order to counter the fact that the weakest links of the chain are overpenalized and that some of the most powerfulo beneficiaries of the profits of the business have escalated to privileged positions. In its clearest sense, these types of criminals are the most important menace to Colombian institutional stability and democracy.
[1] Researchers at the Instituto de Estudios Políticos y Relaciones Internacionales (IEPRI) of the Universidad Nacional de Colombia. Political Scientist Mariana Escobar contributed to this paper through her research. This article was elaborated on the basis of interviews with expert government officials and Colombian scholars specialized in the field. Translated from Spanish by María Mercedes Moreno.
[2] A recent U.S.
government report states that in Colombia there are
[3] Sergio Uribe Ramírez, "Los cultivos ilícitos en Colombia”, in Francisco E. Thoumi (editor), Drogas ilícitas en Colombia. Su impacto económico, político y social, Bogotá, Ariel - PNUD - Dirección Nacional de Estupefacientes, 1997, p. 67.
[4] UNDCP, World Drug Report, Oxford University Press, 1997, p. 264.
[5] Graciela Uribe,
“Caquetá. Contexto y dinámica de las marchas campesinas”, in
Coloquio. Revista de
[6]
[7] The criteria used by the government to distinguish small farmers of illicit crops from commercial plantations, is size: small farmers are those which have less than three hectares. This taxonomy, which seems arbitrary, responds to the difficulty of determining the social character type of each of the owners of the illicit crop-growing units. It does however leave wide margin for the owners of commercial plantations to parcel their plantations so as to escape the arm of the law. According to the National Plan for Alternative Development (PLANTE), 60% of the overall illicit-crop growing areas correspond to small peasant units -30,000 families would be directly involved in illicit-crop growing while 270,000 would be participating indirectly- and the remaining 40% corresponds to commercial plantations. (Plante, 1995-1998. Plan de acción. Síntesis preliminar (mimeograph), May 26, 1995, n.p.n.).
[8] According to a UNDCP
report, "The eradication of the coca bush was increasingly undertaken
during 1994 - 1995 -from
4,900 to
[9] The UNDCP estimates that "(...) each year, more than 20 millons liters of ethyl ether, acetone, ammonia, sulphuric acid and hydrochloric acid-primary chemicals (...) are discarded from jungle laboratories into the nearby streams and tributaries that feed the vast Amazon and Orinoco rivers." Op.cit., p.149.
[10] Luis Eduardo Parra
Rodríguez, “Impacto ambiental de los cultivos ilícitos en Colombia”, in
Coloquio. Revista de
[11] Considering that coca growing generates "(...) 30% of the yearly deforestion rate in Colombia" and opium-poppy growing generates "(...) approximately 15%." (Ibid, p. 75), one would assume that part of this deforestation has been due to official eradication policies, which push growers to clear new lands.
[12] Ibid, p. 90.
1 [13] http://www.greenpeaceusa.org/media/factsheets/glyphosatetext.htm
[14] References to transactions can be found in Terry Williams, The Cocaine Kids, Reading, Mass, Addison-Wesley, 1989.
[15] Two studies on the
enterpreneurial dimensions of the illicit-drug business in Colombia are:
Ciro Krauthausen y Luis F. Sarmiento,
Cocaína & Co. Un mercado ilegal
por dentro, Bogotá, IEPRI/Tercer Mundo Editores, 199; Rainer Dombois,
“Dilemas organizacionales de las economías ilegales: aproximaciones
sociológicas a propósito de la industria de la cocaína”, in
Estudios Políticos, Bogotá,
Instituto de Estudios Políticos y Relaciones Internacionales de
[16] See Rocha op. cit.
[17] UNDCP, Op. cit., p. 265.
[18] Francisco Thoumi, Economía política y narcotráfico, Bogotá, Tercer Mundo Editores, 1994.
[19] Edgar Rodríguez Ospina, Consumo de sustancias psicoactivas. Colombia, 1996, Bogotá, Dirección Nacional de Estupefacientes - Fundación Santa Fe de Bogotá, 1997. “The study covered people from ages 12 to 60, living in non-institutional housing in all of the departments of Colombia in 1996... The sample consisted of 150 municipalities located in 30 departments for an overall sample of 18.770 people.” (p. 3).
[20] From one survey to
the other, the size of the sample increased to include more
municipalities (from 61 to 150), larger segments and more participants.
The total sample for 1992 was 8,975 while in 1996 it rose to
[21] Luis Eduardo Parra Rodríguez, op. cit., p. 73.
[22]
[23] Anónimo, “Estructura
de una ´narcocracia regional´,
Villa Pujante: un estudio de caso”, in
[24] Several considerations regarding this legal process can be found in Francisco Leal Buitrago, editor, Tras las huellas de la crisis política, Bogotá. Tercer Mundo Editores, Fescol and IEPRI, 1996.
[25] By
[26] There are several
scholarly works regarding paramilitary groups and their links with
narcotics traffickers. We particularly point to three studies which
analyze the dimensions of this phenomenon. Cfr. Jorge Orlando Melo, “Los
paramilitares y su impacto sobre la política”, in Francisco Leal and
Leon Zamosc, eds., Al filo del
caos, crisis política en
[27] Cubides, op. cit.
[28] Cfr.
[29] Cfr. Alonso Salazar, No nacimos pa´semilla, Ed. Cinep, 1994.
[30] Details regarding
this theory are to be found in
[31] Andean Trade Preference Act and Generalized Preference System (Sistema Generalizado de Preferencias)
[32] With regards to this controversy, some U.S. analysts maintain that prohibition provokes artificial price hikes thereby increasing the profit-motive behind the business. They find that counternarcotics policies are severe enough to push prices up but not tough enough to push the product out of the market. They have also coined the expression "hydra effect" to refer to attempts at eradicating narcotics production (and commerce) which generally lead to the dispersal of both production and commerce thus neutralizing counternarcotics initiatives. “Like the mythical sea serpent that Hercules battled, the drug trade is an elusive enemy: each time one head of the hydra is cut off, two more grow in its place.” See Eva Bertram, Morris Blachman, Kenneth Sharpe y Peter Andreas, Drug War Politics: the Price of Denial, Berkeley, The University of California Press, 1996, p.13.