Today, Thursday May 6, is the ninth day of National Strike protests in Colombia. Multiple news platforms have reported that one of the issues that has people on the streets is their opposition to the fracking pilot projects.

Agence France-Presse reports: “Tens of thousands of Colombians have taken to the streets in demonstrations against a proposed tax reform but have since morphed into broader protest against the government of President Ivan Duque.”

France 24 explains the broader context of the protests: “Aboriginal communities and citizens in general, such as young university students, demonstrate against a project on health reform, demand compliance with what was agreed in the 2016 peace agreement, reject militarization policies, and maintain their stance against fracking and glyphosate spraying, which the Government seeks to resume.”

Now, it appears that a ruling from the Council of State may be imminent that would impact the two fracking pilot projects that have been authorized by the Colombian National Hydrocarbons Agency (ANH): ExxonMobil’s Platero and Ecopetrol’s Kale field.

Bnamericas reports: “The development of the fields, however, hinges on Colombia’s highest administrative tribunal, the council of state, which is expected to decide whether to allow hydraulic fracking on a commercial scale by July.”

RCN Radio has also reported: “The Council of State reached a commitment that on May 13, the presentation of magistrate Ramiro Pazos on the demand that asks to annul the regulations of the Ministry of Mines and Energy, which gave life to fracking, will be voted.”

That article adds: “If eventually no decision is made on that date, the case will probably go to another speaker, given that Judge Ramiro Pazos, who is currently handling the case, ends his term in the corporation on June 20. …There is also the scenario that on May 13 a majority is not reached and the magistrates have to go to a judge to make the decision.”

PBI recently convened this webinar in which environmental defenders from CREDHOS, CRY-GEAM, FEDEPESAN and AguaWil expressed their profound concerns about the environmental and human rights implications of fracking.

We have also produced this summary of the webinar: Key excerpts from PBI convened webinar on fracking and extractivism in Magdalena Medio, Colombia.

Photo: PBI-Colombia accompanies the Committee in Solidarity with Political Prisoners (CSPP) in Bogotá on April 28, the first day of the national strike.

This morning, Wednesday May 5, the ongoing protests in Colombia are entering their eighth day since the national strike began on Wednesday April 28.

The casualties

The Bogota-based organization Temblores reports that between April 28 (at 6 am) and May 4 (at 8 am) they have documented 1,443 cases of police brutality, 31 victims of homicide by the police, 814 arbitrary arrests, 21 victims with injuries to their eyes, and 10 victims of sexual assault by the public force (army and police).

Colombia’s human rights ombudsman – a state agency independent from the government – has also stated that 89 people have “disappeared” since the protests began.

What’s driving the protests?

Agence France-Presse reports: “Tens of thousands of Colombians have taken to the streets in demonstrations against a proposed tax reform but have since morphed into broader protest against the government of President Ivan Duque.”

France 24 explains the broader context of the protests: “Aboriginal communities and citizens in general, such as young university students, demonstrate against a project on health reform, demand compliance with what was agreed in the 2016 peace agreement, reject militarization policies, and maintain their stance against fracking and glyphosate spraying, which the Government seeks to resume.”

That article also further notes: “The scenes of aggression in recent days [have] revived calls for police reform. They call for the dismantling of ESMAD, the Mobile Riot Squad, accused of suppressing protesters.”

Riot police and soldiers on the streets

AFP reports: “Cali, Colombia’s third-biggest city, has had soldiers patrolling its streets since last Friday [April 30] on government orders. In Cali alone, 700 soldiers, 500 riot police officers, 1,800 other police and two helicopters have been put into operation.”

The Associated Press also reports that soldiers and army tanks were seen on the outskirts of Bogota on Tuesday May 4.

Canadian Ambassador comments

On May 4, Marcel Lebleu, the Canadian Ambassador to Colombia, tweeted: “I deeply regret all the deaths, injuries and violence in Colombia. We defend the right to peaceful demonstration and we are concerned about the excessive use of force against protesters. My thoughts are with the families of the deceased.”

The Canadian Embassy also tweeted: “We regret all the deaths, injuries and violence in Colombia. We are concerned about the disproportionate use of force against protesters and we call for all actors to cease the violence and lay the groundwork for a dialogue. Our thoughts go out to the families of all the deceased and the injured. Life and the right to freedom of peaceful assembly and association are fundamental human rights that must be guaranteed.”

Meeting with Global Affairs Canada

Today, May 5, PBI has arranged for Colombian human rights defenders from CREDHOS, CRY-GEAM, FEDEPESAN and Aguawil to have a virtual meeting with representatives from Global Affairs Canada and the Embassy of Canada in Colombia.

This may be an occasion for them to call for a public statement from Foreign Affairs Minister Marc Garneau about the situation, to express concern about the support from Canada’s export credit agency Export Development Canada (EDC) for Canadian oil and gas operations in Colombia, to derive a clear statement about Canada’s position on fracking in Colombia (that at least two Canadian companies are pursuing), and to ask about the export of Toronto-manufactured armoured “riot control” vehicles to the Colombian police.

PBI accompaniment

Peace Brigades International has been providing physical and political accompaniment to human rights organizations during these national strike protests.

On May 4, PBI-Colombia accompanied the Association for Research and Social Action (NOMADESC) in the neighbourhood of Siloé in Cali where they reported at least 3 homicides and multiple injuries the previous night. On May 3, PBI-Colombia also accompanied NOMADESC in monitoring mobilization points in Cali.

And on April 28, PBI-Colombia accompanied the Committee in Solidarity with Political Prisoners (CSPP) at the national strike march in Bogota, as well as the Social Corporation for Community Advice and Training (COSPACC) in the city of Yopal, Casanare.

Peace Brigades International has been providing accompaniment to human rights defenders in Colombia since 1994.

In May 2014, the Toronto-based company INKAS Armored Vehicle Manufacturing supplied four Huron tactical attack and defence vehicles to the National Police of Colombia. As seen in this video and this video, there are concerns about how the police are using similar armoured vehicles against National Strike protests.

On May 4, Marta Hurtado, Spokesperson for the United Nations High Commissioner for Human Rights, stated: “We are deeply alarmed at developments in the city of Cali in Colombia overnight, where police opened fire on demonstrators protesting against tax reforms, reportedly killing and injuring a number of people.”

Hurtado also notes: “Human rights defenders are also reporting they have been harassed and threatened.”

And she highlights: “We remind the State authorities of their responsibility to protect human rights, including the right to life and security of person, and to facilitate the exercise of the right to freedom of peaceful assembly.”

Hurtado also told reporters: “What we can say clearly is that we have received reports, and we have witnesses, [of] excessive use of force by security officers, shooting, live ammunition being used, beatings of demonstrators and as well detentions.”

The statement by Hurtado also notes that soldiers have been deployed to police the protest.

With that news, Clement Voule, the UN Special Rapporteur on Freedom of Association and Peaceful Assembly, tweeted the previous day: “As a general rule, the military should not be used to police assemblies see UNG37.”

Point 80 of General comment No. 37 (2020) on the right of peaceful assembly (Article 21) states: “The military should not be used to police assemblies, but if in exceptional circumstances and on a temporary basis they are deployed in support, they must have received appropriate human rights training and must comply with the same international rules and standards as law enforcement officials.”

The UN Special Rapporteur further notes: “I urge Colombian authorities to ensure that only adequately trained security forces be deployed to facilitate peaceful assembly in Colombia.”

The New York Times reports: “At least 19 people were killed and hundreds more injured during days of protests across Colombia… The dead include a ninth grader who went out to protest with his brother; an artist shot in the head as cameras rolled; and a teenager whose mother’s anguished cries of grief — ‘son, I want to be with you!’ — have been shared thousands of times online.”

PBI-Colombia has previously highlighted: “Social and peaceful protest is a human right, above all, disproportionate repressions cannot be justified against the civilian population, we ask for guarantees and respect for life.”

We follow this situation with great concern.

Twitter video of the military deployment in Colombia.

The Peace Brigades International-Colombia Project accompanied Justice and Peace Commission is amplifying the call for international solidarity, the demilitarization of urban areas, and a dismantling of the ESMAD riot police.

This is in the context of Temblores reporting that there have been 1,181 case of police violence, 26 deaths and 761 arbitrary detentions between Wednesday April 28 (the day of the National Strike/Paro Nacional) and Monday May 3.

On May 3, the Justice and Peace Commission posted:

“Ciudadanías por la Paz de Colombia [Citizens for Peace of Colombia], an organization of Colombians living in Colombia and abroad, calls on the international community to speak out against the police violence that the Colombian people suffer in a systematic way, which demands the demilitarization of urban areas, the dismantling of the anti-riot squad ESMAD and a fundamental restructuring of the forces of order.”

(The Nation has reported: “Since its inception in 1999, the ESMAD has killed 34 people, according to a 2019 Temblores report. Most victims have been activists within Indigenous, student, or peasant movements.”)

“Likewise, Ciudadanías speaks out against the systematic violation of human rights committed against leaders and social leaders, members of the opposition and signatories of the Peace Accords, events denounced by several NGOs for several years.”

“We turn to the support of the international community, because their support is today more than ever, essential and necessary to generate pressure before the Colombian government in order to truly commit itself to respecting the peace process, human rights and dignity.”

And while the Colombian president has now promised to withdraw his proposed tax reform (that would have placed a 19 per cent tax on drinking water for some and may have also increased the retirement age), the statement highlights:

“The protest does not concern only the withdrawal of the tax reform, but the entire policy of the government of Iván Duque Márquez and the majority party Democratic Center, for having blocked the implementation of the Peace Accords, for not protecting the social leaders who are assassinated almost daily (more than 480 during his mandate) in addition to the corruption in all orders that has characterized his government. The protesters are also demanding basic income for rural and indigenous communities and for low-income people who have suffered the most from the consequences of the pandemic.”

The full post can be read here.

The Peace Brigades International-Colombia Project has accompanied the Inter-Church Justice and Peace Commission since 1994.

On May 3, PBI-Colombia tweeted: “PBI accompanies NOMADESC in monitoring mobilization points in [the city of] Cali within the framework of the [national strike]. The Defend Freedom Campaign has reported 21 homicides and 503 people arrested during the social protest in Colombia between April 28 and May 1.”

On April 28, the first day of the national strike protests, PBI-Colombia accompanied the Committee in Solidarity with Political Prisoners (CSPP) at the protest in Bogota and the Social Corporation for Community Advice and Training (COSPACC) in Yopal.

On April 30, PBI-Colombia tweeted: “Organizations including NOMADESC and dhColombia warn of excessive and excessive use of force by state agents against protesters in Cali.”

Noting reports of shots fired by the ESMAD riot police in the locality of Engativa (in Bogota), the Inter-Church Commission for Justice and Peace has tweeted: “We demand guarantees for the protest. No more deaths!”

The José Alvear Restrepo Lawyers’ Collective (CCAJAR) has tweeted: “97 social, trade union, environmental, women’s and human rights networks and organizations alerted the [Inter-American Commission on Human Rights] on human rights violations committed in the framework of protests in Colombia. We request urgent intervention from the international community!”

And the Luis Carlos Pérez Collective Lawyers Corporation (CCALCP) has tweeted: “Mr. Clément Voule, United Nations Rapporteur for the right to peaceful assembly and association, expresses his concern about the police violence that occurred against protesters during the protests in Colombia.”

In early April, Colombia’s largest unions – including the Central Union of Workers (CUT) – called for a national strike on April 28 to protest the Colombian government’s proposed ‘tax reform’ package and labour and pension reforms.

VOA explained: “The widely unpopular tax reform would add a 19% tax on things like Internet service, gasoline, electricity, water, among other things, and impose income taxes on people who earn more than $700 a month.” According to Reuters, the reforms also included increasing the retirement age and making it easier to fire workers.

While Colombian president Ivan Duque said on Sunday May 2 that he would withdraw the controversial tax reform package, the protests continue.

On May 3, CREDHOS tweeted: “The mobilization day continues within the framework of the National Strike. [The city of] Barrancabermeja maintains its banners of struggle for the withdrawal of the neoliberal policies of the National Government, against actions of abuse of authority and for the right to social protest.”

To date, the Embassy of Canada in Colombia has not commented on Twitter about the right to protest and state violence against the demonstrations.

The Financial Post is now reporting: “One major union said in a message on Twitter it would hold another national strike on Wednesday [May 5] to protest a health reform, among other things.”

For updates, see #ParoNacional3M on Twitter.

Image from Gran Tierra Energy promotional video for the Acordionero field.

On April 29, Peace Brigades International in collaboration with CREDHOS and Above Ground hosted a webinar on extractivism in the Magdalena Medio region and the threats experienced by environmental defenders challenging that agenda.

The video of that webinar (mostly in Spanish) can be seen here.

Calgary-based Gran Tierra Energy Inc. operates the Acordionero oil field, located near San Martín, Cesar in the Middle Magdalena Valley, which represented 49 per cent of the company’s total production in 2020.

On May 2, Inversiones Apartado wrote in Seeking Alpha: “Gran Tierra is focused on diversifying its operations having acquired oil acreage in Colombia’s Llanos, Middle Magdalena Valley and Putumayo Basins. That focus on diversification helps to reduce much of the risk initially associated with the driller’s earlier focus on the Putumayo Basin.”

The article adds that Gran Tierra “has invested heavily” in the Acordionero field: “Acordionero’s first quarter 2021 oil production expanded by an impressive 30% compared to the previous quarter to be 12,681 barrels daily, its highest level for four quarters.”

When Gran Tierra acquired the Acordionero field in August 2016, its production was 4,730 bopd (barrels of oil per day).

Earlier this year, Bnamericas reported: “Gran Tierra will outlay up to 80% of its planned US$120-150mn 2021 capital budget by June as it steps up drilling at its Acordionero project.”

That article further notes Gran Tierra wants to further increase its production at Acordionero by an additional 2,500 barrels per day.

Beyond Compliance

Gran Tierra has highlighted its commitment to Beyond Compliance.

The company explains: “Beyond Compliance means that whenever possible Gran Tierra voluntarily goes beyond what is legally required to care for the environment and undertake respectful engagement with local communities.”

Farmers blockade Gran Tierra in Putumayo

That said, the Seeking Alpha article notes community resistance to Gran Tierra in Putumayo: “Community blockades in 2019 and 2020 impacted Gran Tierra’s operations in the Putumayo Basin taking around 4,000 barrels per day offline.”

In September 2020, Grand Tierra also noted that production at its Cohembi field in the Suroriente Block had restarted after it was “previously shut-in due to local farmer blockades”.

Magdalena Medio

As Gran Tierra expands its production in the Magdalena Medio region, we take note of the broader situation there.

Several entities including the Observatory for the Protection of Human Rights Defenders, 350.org América Latina and Amnesty International have issued statements of concern about the threats faced by environmental defenders in the Magdalena Medio region.

The defenders who have been threatened are members of CREDHOS, FEDEPESAN, CRY-GEAM, AguaWil and the Alliance for a Colombia Free of Fracking.

PBI-Canada continues to keep watch and support the calls for security guarantees for environmental defenders in Colombia.

Photo: 22-year-old university student Leidy Natalia Cadena Torres was shot by the ESMAD riot police on April 28 in Bogota.

On May 1, the PBI-Colombia accompanied José Alvear Restrepo Lawyers’ Collective (CCAJAR) tweeted: “97 social, trade union, environmental, women’s and human rights networks and organizations alerted the @CIDH [Inter-American Commission on Human Rights] on human rights violations committed in the framework of protests in Colombia. We request urgent intervention from the international community!”

Prensa Latina has also reported: “The non-governmental organization Temblores confirmed 851 cases of police violence, including 10 deaths; 18 cases of firearms fired; 8 people with eye injuries; 655 arbitrary arrests, among other facts, according to a report documenting the mobilizations [from April 28] until 30 April.”

Context

In early April, Colombia’s largest unions – including the Central Union of Workers (CUT) – called for a national strike on April 28 to protest the Colombian government’s proposed ‘tax reform’ package and labour and pension reforms.

VOA reports: “The widely unpopular tax reform would add a 19% tax on things like Internet service, gasoline, electricity, water, among other things, and impose income taxes on people who earn more than $700 a month.” According to Reuters, the reforms also included increasing the retirement age and making it easier to fire workers.

The protest that began on April 28 is ongoing.

Now, Prensa Latina reports: “[Colombian president Ivan] Duque has ordered the Ministry of Finance to reformulate the controversial project and advanced that they would rule out the increase to VAT (Value Added Tax) for services and goods, among other changes and then discuss them in Congress.”

The right to protest

On April 30, PBI-Colombia tweeted: “Organizations including NOMADESC and dhColombia warn of excessive and excessive use of force by state agents against protesters in Cali.”

PBI-Colombia has also previously highlighted: “Social and peaceful protest is a human right, above all, disproportionate repressions cannot be justified against the civilian population, we ask for guarantees and respect for life.”

Canada

The Canadian government does not appear to have commented on the violence against the demonstrations in Colombia.

There are no tweets on the Canadian Embassy in Colombia Twitter feed. Nor has there been a statement from Foreign Affairs Minister Marc Garneau.

Global Affairs has only posted: “Significant demonstrations have been taking place since April 28, 2021 in Bogota and other main cities in Colombia, including Cali, Medellin, and Barranquilla. Protests often include roadblocks. Even peaceful demonstrations can turn violent at any time. They can also lead to disruptions to traffic and public transportation.”

Meanwhile, there was this solidarity rally in Montreal on May 1.

PBI-Canada continues to follow this situation closely.

For more, please also see: As concerns grow about state violence, are Canadian police providing training to the Colombian police?

Oscar Sampayo (CRY-GEAM), Ivan Madero (CREDHOS), Yuvelis Morales (AguaWil), Karen Hamilton (Above Ground), Luis van Isschot (PBI-Canada) and Yuli Velasquez (FEDEPESAN).

PBI-Canada working in collaboration with PBI-Colombia, Above Ground and CREDHOS convened a webinar on April 29 that discussed the situation of environmental defenders in the Magdalena Medio region of Colombia, fracking and extractivism, and the role Canadian situations play in this.

The live Zoom webinar had simultaneous Spanish/English translation.

The Facebook (without translation) can be watched here.

Next week, we will have an article that outlines some of the key points and ideas for action that were highlighted in the webinar.

For now, here are some of the issues we noted in the lead-up to the webinar:

Threats against the Colombian panelists

The Observatory for the Protection of Human Rights Defenders has noted that it has received with deep concern information on death threats against membership of the Regional Corporation for the Defense of Human Rights (CREDHOS) and two of the organizations it accompanies, the Federation of Artisan, Environmental and Tourism Fishermen of Santander (FEDEPESAN) and the Committee for the Defense of Water, Life and territory of Puerto Wilches (Aguawil).

Peace Commission hearing

On April 26, Colombian Senator Antonio Sanguino has tweeted: “Given the difficult human rights situation that leaders and environmental leaders are going through in Puerto Wilches, we have approved in [the Senate of Colombia’s Peace Commission] a public hearing to listen to the communities that have received threats and demand actions that protect the lives of environmental defenders.”

National strike

Reuters reports: “Some of Colombia’s biggest unions will hold a strike on April 28 to take to the streets and protest the economic and social policies of President Ivan Duque, chiefly a fiscal reform that looks to raise taxes, including on certain foods.”

Jhonatan Varón of the Central Union of Workers in the department of Tolima has highlighted: “We are also for the comprehensive implementation of the Peace Agreement, the defense of sovereignty considering that the Colombian state has opened up the possibility that glyphosate and fracking will poison our territories, and protection of social leaders who continue to be victims of political genocide by paramilitary groups and by the state itself, for not guaranteeing the lives of those of us who think differently.”

Escazu Agreement

The Escazu Agreement came into force on April 22. Reuters reports: “The treaty orders countries to set up bodies to monitor, report and ensure new rules are adhered to, and specifies the rights of environmentalists, including their right to freedom of expression, free movement and peaceful assembly.”

While the agreement has been signed by Colombia, it has not been ratified, despite the country being the most dangerous place in the world for environmental defenders.

Peace process

Alexander Rustler, a researcher at the New York City-based Columbia Center on Sustainable Investment, has commented that fracking would put at risk the already precarious peace process in Colombia. He writes: “The first fracking projects are intended to be carried out in Magdalena Medio, a region in the North of the country that was among the hardest hit by conflict.”

Rustler further cautions: “Fracking’s expansion risks aggravating tensions, potentially causing demonstrations against oil and gas drilling to metamorphose into violent clashes between communities and companies.”

Law banning fracking

On August 10, 2020, Semana Sostenible reported: “Environmentalists and congressmen came together today to present a bill banning the exploration and exploitation of non-conventional deposits of hydrocarbons in the Colombian territory with fracking, a technique that the national government has been insisting on.”

At the time, the Alliance for a Colombia Free of Fracking said one of the main reasons behind the bill was to fulfill the goals of the Paris Agreement. They referred to Law 1844 that the Congress approved on July 14, 2017 that ratified Colombia’s accession to the Paris Agreement that seeks to limit global warming to 1.5 degrees Celsius.

Air pollution

The Guardian has reported: “Research has found that fracking and other types of extraction are dangerous for the people who live near drilling sites – causing higher rates of asthma and cancer, as well as preterm births.”

Last May, Mongabay reported that ExxonMobil owns the Manatí Blanco-1 well (in the VMM-37 block) that it intends to use for fracking. That well is situated less than 500 metres (1,640 feet) from the community of Terraplén.

Manatee

Fracking poses significant implications for aquatic life in the Magdalena Medio. The Colombian Territorial Development Observatory Corporation has pointed out that the ExxonMobil Platero project is located just seven kilometres away from the Ciénaga El Llanito wetland, which is the habitat of the endangered Antillean manatee.

To watch the Facebook video of the webinar, click here.