I hope you are all in good health.
I
send the following analysis not as a detached observer, but as someone
who has inhabited the fracture between exile and origin—between legal
refuge and national unraveling. This essay began as a 2,000-word draft
meant for publication. But I quickly abandoned that frame. What is
unfolding in Colombia today—and what may soon ignite in Latin
America—cannot be contained by concision. It demands something denser: a
dissection of state erosion, institutional ungluing, and hemispheric
consequence.
Since Gustavo Petro’s rise to power, I’ve watched
Colombia with a growing unease that hardened, over the past year, into
certainty. I urged those closest to me to prepare for departure—to
liquidate what could be salvaged, to insulate themselves from what I
feared would come. Not out of ideological panic or moral absolutism, but
because I could see the foundations of the state—legal, territorial,
coercive—beginning to dissolve in ways that felt not episodic, but
systemic. And I knew from history: once state dissolution reaches a
certain velocity, it doesn’t respect borders. It radiates.
I left
Colombia when I was 9 years old, moving first to New York, then to
Toronto, and later returning to New York. Though my Spanish remained
fluent, it took on a subtle distortion—shaped by time, distance, and the
constant need to translate myself across contexts. My memories of
Colombia faded with each passing year, and when I visited after the
Uribe years had brought stability, old friends greeted me with a polite
estrangement: they recognized my outline but not my substance. Over
time, I stopped trying to re-enter a world that had moved on without me.
I came to see that belonging isn’t bound by blood or geography; it
depends on whether a society gives you the space to envision yourself as
part of its future.
In the United States, that space opened—not
because my accent marked me as native, but because it didn’t need to.
What I found, often quietly and without ceremony, was a culture that
valued motion over ancestry, direction over pedigree. It asked not who I
had been, but what I was reaching toward. There was no need to erase
where I came from, only to clarify where I was going. In Colombia,
identity felt like a performance I had to get right. In the U.S., it
felt like a movement I was free to choreograph. That difference
mattered. It changed the shape of my loyalty. I could imagine
sacrificing my life for Washington—not because it claimed me, but
because it allowed me to claim it. Because it gave me, without ritual or
demand, the strange and solemn gift of coherence: the ability to build a
life that felt internally continuous, even if it began in rupture. That
kind of belonging does not ask for devotion—it invites it. And over
time, it becomes indistinguishable from love.
For the past seven
years, I worked alongside my father on cross-border projects spanning
Latin America and Europe. Some of these years coincided with Petro’s
ascent, and as the rhetoric of reform gave way to the reality of legal
mutation, I began to realize the full precarity of Colombia’s
institutional scaffolding. I watched state architecture become fluid,
enforcement become selective, and legality become a tool of political
choreography. These weren’t reforms. They were dissolutions.
When
my father sold his first company, Genfar, around 12 years ago, I urged
him to transfer the proceeds offshore. Some of it was moved, other
remained. Later, when additional assets were divested, I repeated the
warning: move it to jurisdictions that understand continuity—not as
abstraction, but as law-backed infrastructure. I saw what could be done
in California: I have good friends I admire—who understand how to
operationalize science and technology—who are much smarter than I.
People with world-altering ideas. I believed our capital could help
catalyze something extraordinary.
But my father never listened.
He stayed. And though I chose a different path, I do not judge his. Born
in 1949, he was shaped by a Colombia defined not by its promises, but
by its ruptures—by the trauma of La Violencia, the disillusionment of
reformist hopes undone, and the slow normalization of armed conflict. He
endured two kidnappings. Two of his brothers were assassinated, but he
was never granted the grace to bury them — they vanished into silence,
their bodies lost to the earth. And still, I think he remains—not
because he is nostalgic, but because his sense of home was never
constructed through peace. It was forged through aguante, that deeply
Colombian ethic of withstanding.
He is tethered not to the
Colombia of the present, but to an older, internal one—a Colombia
imagined in spite of everything, preserved through memory and
resistance, not through reward. His generation did not experience the
state as protector, but as absence. They did not expect coherence; they
carved meaning out of fragmentation. For men like him, belonging is not
aspirational—it is historical. It is not a project to be evaluated, but a
fact to be endured. Rootedness, for him, is not a function of
opportunity, but of sacrifice already made.
He shares that tether
with millions: Colombians who stay not because they fail to see the
collapse, but because they have lived so long inside its slow unfolding
that leaving would feel like betrayal—not of the state, but of the pain
they’ve already absorbed. Their allegiance is not ideological. It is
existential. It is the stubborn dignity of those who have refused to be
exiled by their own country, even when their country exiled its own
future.
Before deciding to leave my father’s firm, I needed to
confirm that what I feared wasn’t abstract. So I traveled through some
of the regions most deeply marked by the fragmentation and violence of
Colombia and Peru. I moved quietly with a different name. With someone
who knew the areas. I listened. I observed. I took risks. What I found
did not surprise me—but it removed any remaining doubt. I thought,
briefly, of writing about those experiences in personal terms. But
anonymity still offers a fragile shield to some of those I encountered.
And I do not believe in exploiting vulnerability for rhetorical effect.
This essay, then, is not memoir. It is not a cry of exile. It is an
attempt at forensic clarity—a structured argument grounded in
observation and deduction, institutional analysis, legal architecture,
and security. It seeks to map not just what is happening in Colombia,
but how, and why, and what may follow.
As I left Latin America,
on my flight from Lima to Madrid, I kept thinking about the Spanish
Second Republic in its terminal phase. Between 1934 and 1936, the
Spanish Republic still preserved the outward forms of governance—courts,
ministries, and elections—but its coercive power was already
unraveling. The brutal suppression of the Asturian miners’ revolt in
October 1934 revealed deep fractures within the security forces, while
newly energized groups—Falangist, Carlist, anarchist—tapped into foreign
ideologies and funding, adding another layer of clandestine tensions.
In Catalonia, the rollback of regional autonomy further stoked
discontent, loosening Madrid’s hold on its periphery. Across the
political spectrum, party leaders moved in and out of legality, tacitly
sanctioning violence to maintain leverage. The executive, struggling to
unify the splintered loyalties of the Civil Guard, the Assault Guard,
and local militias, relied on a flurry of emergency decrees, selective
amnesties, and uneasy deals with regional power brokers. By the time the
Republic confronted its final crisis in July 1936, it had already lost
the institutional and coercive cohesion to survive. What later erupted
into open war was less an abrupt collapse than the endpoint of a gradual
decomposition—rooted in legal ambiguities, administrative
fragmentation, and the creeping withdrawal of entire regions from
central authority.
Colombia
is approaching a tipping point not seen since the darkest phases of its
twentieth-century conflict: a return to civil war—this time via the
implosion of legal thresholds, territorial control, and state
deterrence. The Petro administration’s dismantling of traditional
conflict governance has enabled the de facto legalization of insurgents,
cartels, and hybrid armed groups. In strategic corridors like
Catatumbo, Bajo Cauca, and Putumayo, the state has ceded its operational
presence, while formal mechanisms of enforcement, intelligence
coordination, and judicial prosecution have been suspended or
fragmented. The outcome is not merely internal disorder—it is a
hemispheric destabilization process already underway. Make no mistake:
Gustavo Petro is a threat to the region.
The cascading effects of
a renewed Colombian civil war would be immediate and multidirectional,
with particular velocity in Peru and Ecuador, whose border departments
have already become conduits for transnational criminal convergence.
Both countries are politically debilitated, institutionally fractured,
and increasingly embedded in overlapping narcotics and arms
economies—making them acutely vulnerable to Colombian spillover.
In
Peru, the state has entered a phase of sustained delegitimization and
systemic incapacitation. Since 2016, six presidents have been removed,
arrested, or forced to resign, including Pedro Castillo, who attempted
to dissolve Congress in December 2022 and was immediately deposed.
Castillo’s administration appointed individuals with ties and sympathies
toward Movadef—the political front organization linked to the Shining
Path insurgency and enabled a soft reentry of radical leftist networks
into the state apparatus. Some of these actors publicly expressed their
disdain for liberal democracy, suggesting that institutional politics
was merely a stepping stone in a broader revolutionary project rooted in
“popular power.”
Following Castillo’s removal, Vice President
Dina Boluarte assumed power without electoral legitimacy, triggering
widespread protests—especially in historically marginalized Andean
regions such as Puno and Ayacucho. Between December 2022 and March 2023,
at least 67 civilians were killed during military repression
operations. Boluarte’s administration has relied heavily on militarized
containment, further eroding public trust and fracturing national
cohesion. While initially invoking emergency powers to deploy security
forces, the government soon retreated into legal ambivalence: police
were subjected to prosecutorial oversight, limiting their ability to
intervene even as roadblocks, extortion, and attacks proliferated in
various regions. Protest tactics became increasingly decentralized and
horizontally coordinated, resembling the logic of “molecular revolts”
seen during Chile’s 2019 uprising—non-hierarchical, geographically
dispersed, and resistant to centralized negotiation. These tactics
destabilized urban centers and disrupted commerce, infrastructure, and
daily life, revealing both the volatility of the social terrain and the
state’s inability to reestablish order.
Boluarte’s own political
trajectory reflects the incoherence of the current crisis. She rose to
national office as part of Perú Libre, a party ideologically rooted in
Marxism-Leninism and openly influenced by the thoughts of Abimael
Guzmán, Fidel Castro, and Vladimir Lenin, as expressed in the party’s
founding documents. Since assuming the presidency, Boluarte has pivoted
toward the so-called Peruvian right, while appointing a cabinet filled
with recycled figures from the left—and failing to articulate a
consistent ideological or institutional project. This volatile balancing
act has given rise to a contradictory mode of governance marked by
tactical alliances and strategic ambiguity. Meanwhile, calls for
secession in southern regions—often linked to narcotrafficking
networks—have intensified, and Venezuela has denounced Boluarte as a
usurper while condemning Congress as a coup-mongering institution. The
result is a state where institutions have been delegitimized, political
actors are paralyzed or complicit, and public confidence has collapsed.
Simultaneously,
organized crime has accelerated its infiltration of Peruvian territory.
The Valle de los Ríos Apurímac, Ene y Mantaro (VRAEM)—the country’s
principal coca-producing zone—has become a contested enclave where
remnants of Sendero Luminoso collaborate with narcotraffickers and local
protection networks. Coca cultivation reached approximately 229,000
acres. in 2023, with 71% located in “special territories” such as
protected natural areas, Indigenous lands, and forestry concessions.
Peru, the second-largest producer of cocaine globally, now functions not
only as a coca cultivator and processor but as a central maritime
platform for global cocaine exports to Europe, East Asia, and Latin
America. The port of El Callao, the most important on South America’s
Pacific coast, has become a critical exit point. It is also a locus of
convergence between transnational criminal logistics and high-level
institutional corruption.
Indeed, Peru’s narco-economy is deeply
entangled with systemic judicial and political corruption. The “Cuellos
Blancos del Puerto” scandal revealed how drug traffickers secured
favorable rulings from judges, prosecutors, and court officials,
including Supreme Court magistrates. Phone intercepts tied to a cocaine
trafficking investigation exposed vast networks of collusion between
organized crime and judicial authorities—demonstrating that
narco-governance in Peru does not only operate through coercion, but
through systemic impunity. As of 2020, over 330 judges and prosecutors
were under investigation for corruption, underscoring the scale of
institutional penetration.
The integration of the drug trade with
elite corruption extends Peru’s narcotics economy beyond rural
production into the heart of state functions. Traffickers rely on public
officials, customs agents, and port administrators to facilitate
containerized cocaine exports. This institutional complicity is
compounded by selective criminal enforcement: while the state pursues
small producers and micro traffickers, the upper echelons of
narco-capitalism are often protected by legal shields and political
patronage. Over 20% of Peru’s prison population is incarcerated for drug
offenses—mostly low-level actors held in pretrial detention, not cartel
financiers or traffickers.
Meanwhile, the convergence of cocaine
and gold economies has transformed the Amazon into a multi-criminal
basin. Criminal organizations increasingly launder drug proceeds through
illegal gold mining, particularly in Peru, Colombia, and Ecuador. In
Madre de Dios, Peru’s gold-rich department, the Superintendency of
Banking estimates that 30–70% of national gold exports could originate
from illegal sources. Criminal groups finance dredges, excavators, and
mercury imports with narco-capital, using falsified invoices, phantom
concessions, and loosely regulated self-declaration systems to pass
illicit gold as legal. Unlike cocaine, whose illegality is total, gold
becomes “legal” once extracted, allowing it to enter global markets
under the guise of legitimacy. This is why gold—in some zones—has even
displaced coca as the preferred commodity of organized crime.
The
environmental dimension is catastrophic. In Colombia, Brazil, and
Ecuador, criminal organizations including the PCC, Los Choneros, and
FARC dissidents now operate directly in gold extraction, often taxing
miners, extorting legal concession holders, or expelling them outright.
In Ecuador’s Napo province, mining-linked violence and heavy metal
pollution—particularly mercury, lead, and copper—have devastated Kichwa
communities. Over 2,000 acres of rainforest have been deforested, while
rivers have been poisoned, traditional lifeways eroded, and youth
recruited into cartel-linked extraction networks.
One of the most
heavily contested corridors is the Puré River, which cuts through Río
Puré National Park. Once monitored by Colombia’s National Parks Service,
the river is now saturated with illegal gold dredges—at least 30 on the
Colombian side, and 120 more in Brazil. The park’s monitoring station
was destroyed in 2020 after threats from Frente Carolina Ramírez, and
the area has since become a hub for both coca and gold trafficking.
Mercury is released into vital aquatic ecosystems while generating
enormous, untraceable profits: a single large dredge can yield
$300,000/month in gold. Local divers—often Indigenous youth—are hired
for the most dangerous jobs, and gold is laundered through airports,
remittance chains, and jewelry markets.
Moreover, the gota a gota
microloan mafias, largely operated by Colombian and Venezuelan
networks, now function as violent shadow banks across Latin America,
especially in urban districts. In Piura, Peruvian authorities arrested
Colombian national José Mauricio Aquino in 2016 with a client ledger
listing more than 4,200 debtors—a case that revealed the industrial
scale of gota a gota lending even in mid-sized cities. His loans,
disguised as wholesale rice card purchases, were a laundering mechanism
to conceal the origin of criminal capital. The operation exposed how
everyday commercial transactions had been transformed into debt-based
surveillance and coercion systems. These loans—often issued without
collateral, contracts, or oversight—range from $30 to $500, with
effective monthly interest rates of 20–50%, enforced through daily
repayment visits.
Victims have reported defamation campaigns,
WhatsApp death threats, physical assault, and coerced recruitment into
drug trafficking. Peruvian police arrested 900+ actors in April 2023,
yet only 5% of cases led to prosecution. The networks operate under
rigid hierarchies: promoters, administrators, collectors, enforcers, and
franchise managers—all funneling 5% royalties per loan to capos in
Colombia. Groups such as La Oficina de Envigado, Cordillera, Los
Costeños, and the Clan del Golfo (via Jimmy Luma and Negro Valle)
directly manage operations across Colombia, Peru, Brazil, and Mexico.
Apps like CobrarApps, PagAppDiario, and RapiCrédito handle real-time
monitoring, GPS tracking, and automated coercion via digital threats and
mass contact scraping. In Colombia alone, over 338 formal complaints
were filed against digital lenders in early 2022. Victims are often
coerced into service—some even trafficked as drug mules to Marseille or
São Paulo to settle debts.
Despite its coercive nature, gota a
gota thrives not because of criminal ingenuity alone, but because it
fills a structural void left by formal financial exclusion. In Colombia,
only 34% of adults access formal credit, and fewer than 13% of
microenterprises rely on banks. In Peru, over 71% of the labor force is
informal, and 12 million people remain underbanked—disqualified from
state-backed loans due to documentation, employment status, or
geographic location. In Brazil, some 40 million adults don't hold
banking accounts, and in border states like Acre, entire towns operate
without a single banking institution. According to the Office of the
Financial Consumer, as of 2023, more than 7% of Costa Ricans reported
having taken out this type of loan—equivalent to approximately 221,000
people nationwide. Fintech inclusion efforts have failed to reach
migrant workers, single mothers, and informal vendors—the very groups
most targeted by gota a gota. For them, cartel-backed microloans are not
just dangerous—they are the only source of liquidity.
In
Ecuador, the breakdown of state sovereignty is no longer incremental—it
has crossed into open contestation. Between 2021 and 2023, over 450
prisoners were killed in coordinated massacres within the penitentiary
system, which is now controlled in large part by criminal syndicates
aligned with Mexican cartels. Los Choneros, backed by Sinaloa, and Los
Lobos, tied to CJNG, have transformed Ecuador’s coastal prisons into
operational command centers. In January 2024, armed men stormed TC
Televisión’s Guayaquil studio during a live broadcast—an unprecedented
act of symbolic state capture echoing the 2019 Culiacán siege.
President
Daniel Noboa declared a state of internal armed conflict in response,
deploying the military to urban areas and prisons. However, his
government remains vulnerable: the National Assembly is fragmented, and
the judiciary is under increasing threat, with multiple judges
assassinated in 2023. The CIES (Ecuadorian Intelligence Service) has
documented Colombian armed groups operating along the San
Lorenzo–Esmeraldas axis, engaging in arms-for-drugs exchanges with local
gangs. In the province of El Oro, a strategic node for Pacific cocaine
exports, police and customs officials have been linked to trafficking
cells with ties to Colombian FARC dissident fronts.
Both Ecuador
and Peru are not merely “at risk”—they are structurally interlocked with
Colombia’s criminal economy. The Putumayo–Loreto corridor has become a
bi-national narco-logistical zone, with trafficking routes crossing
through Colombia’s La Tagua and Peru’s Teniente Manuel Clavero district.
Ecuador’s Carchi and Sucumbíos provinces are increasingly operating as
rear-guard zones for ELN and Segunda Marquetalia fronts, which have
retreated there following counter-pressure in Colombia. These zones
allow Colombian groups to rearm, launder revenues, and control strategic
exit routes toward maritime ports.
This dynamic has been
weaponized by Mexican cartels—particularly the Sinaloa Cartel and the
Jalisco New Generation Cartel (CJNG)—which now operate not only as
cocaine buyers but as vertically integrated actors with logistical,
territorial, and paramilitary capacity in Colombia. Intelligence reports
confirm CJNG and Sinaloa presence in Tibú (Norte de Santander), where
cartel envoys have offered local landowners $3,000-$2,0000 per acre. to
plant coca, securing supply chains from raw input to retail
distribution. Colombian mayors and local officials have been forced into
exile or remote governance, as in the case of Tibú’s mayor Nelson Leal
López, highlighting the collapse of civilian authority in strategic coca
enclaves.
Mexican cartels have forged flexible alliances with
Colombian armed groups across ideological lines, partnering with FARC
dissidents, Clan del Golfo, ELN fronts, and hybrid post-paramilitary
cells. One of the most notable examples is the emergence of “Los Salsa,”
a Cartagena-based network linking CJNG, Sinaloa, Los Paisas, and Los
Caños—collaborating in extortion, contract killings, and the regional
expansion of gota a gota microloan rackets. In Cartagena, these
operations are directed by figures like alias El Abuelo and his enforcer
John Harrison Martínez Perdomo, who run militarized extortion circuits
with operational protocols modeled on state security forces. Their
entrenchment in historically peripheral conflict zones reflects a
strategic urban shift in Colombia’s criminal geography.
More than
10,000 Colombian soldiers retire each year, and a growing number of
former special forces operatives—trained in jungle warfare, urban
combat, and counterinsurgency—have been recruited via encrypted
messaging apps and deployed to Mexico. Paid up to $4,000/month, they are
transforming cartel warfare by training local sicarios and organizing
units modeled on elite Colombian army squads. Colombian military
intelligence, especially after the 2021 Haitian presidential
assassination involving Colombian mercenaries, has tracked a steady
export of tactical expertise into cartel-controlled cities like Tijuana,
Zacatecas, and Tepic—effectively transferring asymmetric warfare
capabilities from Colombian conflict theaters to Mexico’s criminal
insurgency.
Operational integration is also expanding through
narco-intelligence. At least 87 Mexican cartel operators were arrested
across Colombia, Peru, Ecuador, and Brazil in 2022 alone. Known as “the
invisibles,” they avoid ostentation, travel with multiple passports, and
coordinate diversified trafficking chains, including synthetic drugs
like methamphetamine. Colombian ports like Buenaventura have recorded
meth seizures, and synthetic shipments have appeared in Europe disguised
as detergent—evidence of a broader Mexican-Colombian logistics
convergence.
This evolution is nowhere more evident than in
Colombia’s tri-border region with Peru and Ecuador. In southern
Putumayo, Sinaloa and CJNG-backed groups like the Comandos de la
Frontera have established transnational regimes of criminal governance.
Despite the presence of Colombia’s Southern Naval Command and a regional
intelligence fusion center, national forces admit they cannot detain
known actors unless caught in flagrante. Armed groups enforce curfews,
tax coca, adjudicate disputes, and manage logistical supply chains using
Colombian pesos on both sides of the river. In the words of Peruvian
officials: “functional secession” is underway.
The Colombian Navy
has destroyed over 240 labs in the zone in 2024, but this fails to dent
a mobile and decentralized narco-administrative apparatus. Armed actors
increasingly function as sovereign institutions—regulating commerce,
labor, and mobility in the absence of the state.
If Colombia’s
internal conflict escalates into full-scale civil war, these dynamics
will crystallize into a regional insurgent-criminal archipelago. In this
scenario, the Andes will no longer function as a geopolitical buffer;
they will become an integrated conflict ecosystem. Armed groups will
shift from national actors to regional franchises, adapting governance
models across borders. Rural displacement in Colombia will push tens of
thousands of civilians toward Amazonas, Napo, and Zamora-Chinchipe,
overloading already fragile social protection systems. Drug production
and processing will reconfigure toward northern Peru and southern
Ecuador, areas with minimal aerial surveillance and poor state presence.
Moreover,
there will be secondary impacts on regional energy, migration, and
security systems. The Trans-Andean oil pipeline in Ecuador, the
NorPeruano pipeline, and Colombia’s own Caño Limón–Coveñas are all
vulnerable to sabotage or territorial reappropriation. Increased
displacement will funnel migrants toward Central America via the Darién
Gap, already strained by a 102% increase in transit migration in 2023,
according to Panamanian authorities. Mexican cartels—entrenched in both
the origin and transit corridors—will further consolidate vertical
control over the Andean–Central American trafficking architecture,
reducing costs, increasing security, and externalizing violence onto
local populations.
Unlike in previous decades, these developments
are occurring under conditions of state incapacity, not simply
inefficiency. Colombia, once the regional security anchor, is now its
weakest link. Its disintegration will not merely empower non-state
actors—it will redefine the nature of regional power. What is emerging
is not a return to “narco-states,” but the rise of a multi-nodal
sovereign disorder, in which legality is no longer monopolized by states
but negotiated between armed networks, captured officials, and
disjointed institutions.
In 2022, Petro announced—via Twitter, at
midnight on New Year’s Eve—a supposed bilateral ceasefire with five
armed groups: the Ejército de Liberación Nacional (ELN), the Estado
Mayor Central (EMC) a faction of FARC dissidents, the Segunda
Marquetalia, the Clan del Golfo (AGC), and the Autodefensas
Conquistadoras de la Sierra Nevada (ACSN). This announcement bypassed
the Ministry of Defense and the military high command, and it lacked
verified consent from several of the named groups. Within 24 hours, the
ELN’s central command issued a communique denying any ceasefire
agreement, exposing the announcement as diplomatically premature and
operationally uncoordinated.
Rather than centralizing
negotiations through a defined channel with the EMC’s national
leadership under Iván Mordisco, the Petro administration opted for
dialogue with select regional blocs. This strategy, marked by
territorial atomization, led to the proliferation of splinter factions
with heterogeneous agendas. Under this context, the EMC expanded from 14
to 26 substructures from 2021 to 2023, increasing its municipal
presence from 117 to 172, with especially rapid growth in Caquetá,
Putumayo, and Guaviare. The result was the reinforcement of
micro-cartelized armed governance and the renaissance of the FARC’s
territorial intelligence networks through narcotics taxation,
environmental extortion, and electoral influence.
Meanwhile, the
legal armature necessary to differentiate political insurgents from
organized crime was left deliberately undeveloped. Despite multiple
rulings by the Constitutional Court underscoring the need for a distinct
legal framework for the submission of high-impact criminal groups (such
as the AGC and ACSN), the Petro administration refused to prioritize a
ley de sometimiento in its July 2023 legislative agenda. This omission
was not accidental. It reflected a strategic legal opacity, allowing
Petro to treat groups of radically different legal status—insurgents,
narco-militias, and mafias—as equally legitimate negotiation partners.
The result is de facto recognition of criminal sovereignty, unmoored
from any transitional justice architecture or constitutional constraint.
By
December 2023, as kidnappings and civilian massacres surged, Peace
Commissioner Otty Patiño attempted to regain credibility by conditioning
progress in dialogues on the cessation of kidnappings. Yet this
corrective was immediately undermined by Senator Iván Cepeda, a key
ideological architect of the peace process. Cepeda—whose father, Manuel
Cepeda Vargas, a prominent communist senator, was assassinated in the
1990s and whose name was later adopted by a FARC front—has consistently
advocated for unconditional dialogue at all costs.
In the
aftermath of the April 2023 ambush in Antioquia—in which six soldiers
were killed and five wounded by the Clan del Golfo—President Gustavo
Petro publicly accused high-ranking officers of collusion, claiming they
were effectively “on the Clan’s payroll.” This was not a mere
rhetorical rupture but an inflection point in a broader campaign already
underway: since August 2022, the Petro administration had initiated a
deliberate effort to erode the institutional autonomy of Colombia’s
Armed Forces. The Antioquia incident sharpened the pretext for deeper
intervention into military hierarchies.
In Colombia’s security
architecture, the Army has often functioned as the state’s primary
on-the-ground presence in remote conflict zones. In areas such as the
Serranía de San Lucas, Guaviare, and Bajo Cauca, military
units—including mobile brigades and jungle battalions—have upheld a
degree of institutional continuity amid the absence of civilian
authorities and the dominance of guerrillas, paramilitaries, and
criminal networks. During the 1980s and 1990s, regular and
counter-guerrilla battalions in regions like Caquetá and Putumayo
enabled the reentry of judicial commissions, electoral officials, and
infrastructure teams. From the mid-2000s, Army-led stabilization efforts
under programs such as Plan Patriota and Plan Consolidación helped
reopen municipal governments in formerly insurgent-held territories.
These
operations—backed by logistics, intelligence, and adaptable regional
commands—have frequently substituted for weak or absent civilian
institutions. While there have been efforts to scale back the military’s
involvement in civil affairs, doing so without first reinforcing local
governance risks creating administrative vacuums. In many contested
regions, the Army’s sustained field presence has effectively served as
the only mechanism for projecting state authority where civilian
entities remain nonfunctional or unwilling to engage.
From the
mid-twentieth century onward, Colombia’s armed forces have occupied a
paradoxical space: formally subordinate to civilian authority, yet
substantially autonomous in matters of internal security. This tension
emerged most vividly under General Gustavo Rojas Pinilla, who overthrew
President Laureano Gómez in 1953. In the midst of La Violencia—the
prolonged partisan conflict between Liberals and Conservatives—Rojas
presented himself as a neutral arbiter capable of restoring order. His
brief but consequential military regime (1953–1957) established patterns
of governance that outlasted its demise.
Although it lacked the
sweeping ideological mission seen in some other Latin American
dictatorships, Rojas’s administration nonetheless centralized power
within a technocratic command structure. He strengthened the Ministry of
Communications and relied heavily on state-controlled radio to
construct a narrative of national redemption. The military expanded its
oversight of radio, press, and telegraphy and exercised broad authority
to crush insurrections. In this period, Rojas also laid the groundwork
for a more institutionalized intelligence apparatus—culminating in the
creation of the Departamento Administrativo Nacional de Seguridad (DAS)
in 1960, which institutionalized centralized intelligence operations for
decades. While not as ideologically rigid as the Southern Cone
dictatorships of the 1970s, Rojas flirted with a form of corporatist and
developmentalist military governance reminiscent of Peronism in
Argentina. When popular pressure and elite alliances forced Rojas out in
1957, the image of the military as “saviors” of public order and
overseers of vital state functions was already deeply embedded.
The
subsequent National Front (1958–1974)—a bipartisan pact whereby
Liberals and Conservatives alternated the presidency—ostensibly ushered
in a return to civilian rule. Yet the core impetus of the National Front
was less about democratizing governance than about containing future
partisan bloodshed by excluding radical alternatives from power. In
service of that goal, the civilian leadership allowed the armed forces a
wide berth to maintain internal stability, especially as emergent
guerrilla groups—among them the FARC (Fuerzas Armadas Revolucionarias de
Colombia), the ELN (Ejército de Liberación Nacional), and later the EPL
(Ejército Popular de Liberación)—began to coalesce in the countryside.
This
political bargain was enshrined legislatively in Decree 3398 of 1965,
initially intended as a temporary emergency measure but extended
indefinitely through Law 48 of 1968, as the insurgent threat
intensified. This period also saw the legalization of “irregular
forces”—civilian auxiliaries authorized to support military
operations—setting a precedent for later paramilitary formations. These
provisions were justified by lawmakers as essential to counter nascent
insurgencies. Over the long run, however, they institutionalized a
blurring of civil and military roles: the police were integrated under
the Ministry of Defense—originally by Rojas in 1953—and the armed forces
exercised ongoing jurisdiction over large swaths of Colombian
territory.
As the 1970s advanced, a combination of insurgent
pressure, narco-trafficking networks, and state centralization continued
to feed the armed forces’ sense of itself as the ultimate guarantor of
the nation’s survival. President Julio César Turbay Ayala (1978–1982)
capitalized on that sentiment by enacting the “Security Statute,” which
gave the military further discretionary powers in the name of national
security. While Turbay’s critics condemned the statute for enabling
human rights abuses—thousands of arbitrary detentions and numerous
allegations of torture—the legislative framework deepened the military’s
internal policing role. By the dawn of the 1980s, much of Colombia’s
territorial administration—particularly rural zones—fell under the
purview of army and intelligence units rather than local civilian
authorities.
When President Belisario Betancur (1982–1986) took
office, he sought to break with the entrenched militarized approach by
proposing peace negotiations with the FARC. Betancur faced resistance
almost immediately from within his own cabinet, most famously from
Minister of Defense General Fernando Landazábal Reyes, whose public
opposition to dialogue demonstrated the fragility of presidential
authority in the face of entrenched counterinsurgency mindsets. The
Landazábal-Betancur conflict reached its apex in 1984, when the general
openly opposed the La Uribe peace accords between the government and the
FARC, challenging the president’s legitimacy. Betancur’s dilemma was
emblematic: although the 1886 Constitution (in effect until 1991)
formally placed the military under civilian command, the high command
had cultivated decades-long autonomy in devising security policy.
Events
like the 1985 Palace of Justice siege by the M-19 guerrilla group and
the military’s overwhelming response revealed both the intensity of
guerrilla confrontations and the volatility of an armed institution
deeply convinced of its prerogatives. The operation was commanded by
General Jesús Armando Arias Cabrales, whose decisions during the
retaking of the Palace drew intense scrutiny domestically and
internationally. The episode became emblematic of a broader dynamic in
which military doctrine and institutional prerogatives overrode civilian
crisis management.
Civil–military relations did not simplify in
the aftermath. The 1991 Constitution, promulgated amid hopes for a more
participatory democracy, maintained many of the structures that placed
internal security responsibilities on the armed forces. While new
institutions such as the Constitutional Court raised expectations for
stronger rule of law, practical reforms often collided with local
realities. In many rural and conflict-affected areas, the armed forces
continued to operate in a quasi-autonomous manner, sometimes in
collusion with emergent paramilitary factions.
Moreover, although
the 1991 Constitution formally reaffirmed civilian supremacy, Article
217 permits the military to act internally “when the Constitution or
laws authorize it,” creating a zone of interpretive flexibility. This
constitutional ambiguity has long generated tensions between the
normative text and operational doctrine—especially in how “internal
order” is legally defined and functionally applied. The persistence of
fuero militar—military jurisdiction for crimes committed by members of
the armed forces—became a central point of contention, particularly
during the 1990s and 2000s, when serious human rights violations came to
light. The Constitutional Court intervened in several landmark rulings,
notably Sentencia C-251/2002, which aimed to restrict the reach of
military tribunals in cases involving civilian victims. In practice,
however, such reforms remained contested and unevenly enforced.
Under
President Andrés Pastrana (1998–2002), the attempt to open formal
negotiations with the FARC in a demilitarized zone in southern Colombia
showcased the precarious nature of executive ambitions to demilitarize
the conflict. Elements of the armed forces were skeptical, fearing that
giving the guerrillas territorial concessions would embolden them.
Tensions rose when negotiations stalled, reinforcing the sense that
whenever a president sought to break with long-standing
counterinsurgency orthodoxy, he risked internal backlash from military
leaders.
A decisive turning point in Colombia’s civil–military
dynamics occurred with the election of Álvaro Uribe Vélez (2002–2010),
whose Democratic Security policy redefined the strategic and
institutional role of the armed forces. This doctrine not only expanded
military expenditures and operational reach but also ideologically
aligned the presidency with the armed forces’ institutional perspective:
insurgent groups such as the FARC were to be treated primarily as
terrorist threats to be neutralized through military force rather than
political negotiation. This rhetorical and strategic convergence
significantly reduced overt civil–military friction and positioned the
armed forces as the primary guarantors of national sovereignty and
territorial order.
Under Uribe, the military was recentered as
the backbone of state presence across vast swaths of the national
territory. The Democratic Security policy prioritized the
reconsolidation of state control over key industrial zones and strategic
corridors of mobility—roads, pipelines, and communication
routes—transforming the geography of state authority. By the end of
Uribe’s first term, the state had reasserted control over nearly 50% of
previously ungoverned territory and reached over 60% of the national
population, reversing the trend of insurgent territorial dominance. One
of the cornerstones was the construction of an extensive civilian
intelligence apparatus through the recruitment of a national informant
network to support military intelligence operations. The initial
objective was to enlist one million informants; although precise data
remains unavailable, multiple reports indicate that this target was
likely surpassed.
The empirical outcomes were striking: the
number of municipalities affected by armed attacks fell from 209 in 2002
to 87 in 2008, and only one recorded attack by 2009. The return of
mayors to previously abandoned municipalities, now accompanied by the
sustained presence of the military, signaled a partial restoration of
civilian governance. Terrorist attacks declined by 61% between 2002 and
2010, and kidnappings dropped from 2,882 in 2002 to just 123 in 2010.
The FARC’s troop strength fell dramatically—from 20,776 fighters in 2002
to an estimated 6,700 by the end of the decade—while an aggregate of
89,625 combatants from various illegal armed groups were either killed,
captured, or demobilized during Uribe’s presidency.
This military
resurgence was accompanied by a broader consolidation of state
authority and economic revitalization. Foreign direct investment surged
by 226.9% by the end of Uribe’s first term, while GDP growth remained
resilient: between 2002 and 2008, Colombia experienced sustained
economic expansion, and even during the 2009 global recession, it
maintained positive growth at 0.4%, outperforming regional peers. Public
opinion mirrored this transformation: whereas in 2007 only 18% of
Colombians believed a military victory over the FARC was possible, by
2009 over 50% of the population shared that belief.
Despite
ongoing internal conflict, Colombia under Uribe emerged as the
fourth-largest economy in Latin America—testament to the extent to which
military-led territorial recovery, institutional realignment, and
macroeconomic stability had become mutually reinforcing pillars of
statecraft.
When Juan Manuel Santos, Uribe’s former defense
minister, became president in 2010, he eventually pursued negotiations
that led to the 2016 Peace Agreement with the FARC. This time, despite
some misgivings, the high command supported ceasefires and transitional
arrangements. General Javier Flórez, former commander of the Joint
Chiefs of Staff, played a key role by leading the Subcomisión
Técnica—the technical subcommission that coordinated the military
aspects of the peace process—marking a rare moment of high-level
military cooperation in political negotiations.
Even so, critics
argued that the final agreement left ambiguous the question of whether
and how the military’s counterinsurgency structure would be dismantled
or transformed in a post-conflict scenario. The institutional transition
envisioned in the accord remained largely unimplemented in practice,
and the legal frameworks underpinning military doctrine were left
intact. These unresolved questions later reemerged under President Iván
Duque, as skepticism of the peace accords resurfaced.
Within
weeks of taking office in 2022, Petro launched one of the most
aggressive high-command purges in Colombia’s democratic history.
Approximately 52 senior officers were dismissed across the Armed Forces
and National Police, including 27 Army generals, a dozen National Police
generals, and senior leaders from strategic commands such as the
Comando Conjunto de Operaciones Especiales (CCOES) and the Dirección de
Inteligencia Policial (DIPOL). The purge occurred outside the regular
promotion cycle, bypassing institutional boards and undermining the
time-in-grade norms established under Decree 1790 of 2000. Promotions to
general officer ranks, traditionally overseen by the Ministry of
Defense, the Military Forces Command, and the Senate (Article 173,
Clause 2), were redefined by informal criteria.
Many of the
purged officers were U.S.-trained veterans of Plan Colombia, including
WHINSEC graduates and leaders of joint operations against insurgents and
narco-paramilitary networks. In their place, Petro elevated figures
aligned with transitional justice, international legal norms, and
humanitarian missions—credentials historically peripheral to command
authority. This was not a legal reform but a functional redefinition of
what merit meant within the senior ranks. Executive discretion, once
used for routine adjustments, was now instrumentalized as a mechanism of
ideological filtration.
Rather than merge with the military or
militarize governance, Petro has pursued what might be called a
civil-military inversion. The Armed Forces remain procedurally intact,
but their internal coherence has been recalibrated around discursive
alignment, legalist language, and bureaucratic pliability. Strategic
autonomy, battlefield experience, and command tradition have been
displaced by technocratic subordination to an executive-led civilian
doctrine. This inversion does not resolve Colombia’s historic
tensions—it mutates them, producing a force that is no longer
independent but not yet fully politicized, vulnerable to ad hoc
civilianization without constitutional guardrails.
This model
bears structural resemblance to what may be theorized as asymmetric
fusion regimes—a regional pattern in which coercive institutions are
neither dismantled nor fully subordinated, but reprogrammed through
selective compliance and ideological synchronization. Venezuela, Cuba,
and Nicaragua each offer examples of how hybrid civilian executives
refunction the military apparatus while maintaining republican
formalities.
In Venezuela, the transformation of the Armed Forces
under Hugo Chávez and Nicolás Maduro was both legal and ontological.
Beginning with the 2004 Ley Orgánica de la Fuerza Armada Nacional, and
reinforced in 2008 by the rebranding of the force as the Fuerza Armada
Nacional Bolivariana (FANB), the military’s mission was redefined as the
“integral defense of the nation,” encompassing ideological and
developmental functions. The creation of the Comando Estratégico
Operacional (CEOFANB), a supra-branch command reporting directly to the
president, bypassed horizontal oversight and institutionalized
functional rotation across border, civic-military, and internal
repression missions.
Economic entanglement deepened this
subordination. Military-controlled holding companies such as CAMIMPEG
were granted control over extractive and logistical sectors, embedding
officers in an off-budget resource economy. By 2018, over one-third of
ministerial portfolios were held by current or former officers, linking
career advancement to regime loyalty and insulating the military from
institutional accountability.
In Cuba, military fusion emerged
not through restructuring, but through revolutionary bureaucratization.
Under Raúl Castro, the Fuerzas Armadas Revolucionarias (FAR) operated as
a dual institution: a military and a political matrix. Modeled after
Soviet commissarial doctrine, political officers were embedded at every
level and promotions filtered through the Communist Party’s Departamento
Político, based on class origin and ideological conformity. The FAR’s
economic wing, GAESA, managed remittance flows, tourism, and ports,
allowing the military to maintain fiscal autonomy even during severe
economic contraction. The result was a vertically loyal officer corps
whose dependency was as much material as ideological—eliminating the
need for constant purges.
Nicaragua represents a model of legal
hybridization and paramilitary diffusion. After a period of
professionalization in the 1990s, the Sandinista-controlled military was
gradually reabsorbed into presidential control under Daniel Ortega,
beginning in 2007. The 2010 Ley de Organización, Jurisdicción y
Previsión Social Militar abolished the legislature’s role in approving
promotions and weakened judicial oversight. Simultaneously, Ortega
activated irregular coercive groups through municipal councils and
Sandinista-aligned networks. These paramilitary actors operated
alongside official forces during protests and elections, while
maintaining formal distance from the Army and Police. The end result was
a regime-protective security system built through legal opacity,
decentralized repression, and bureaucratic loyalty.
These cases
reflect the broader logic of asymmetric fusion: coercive institutions
are fragmented internally, synchronized ideologically, and fused
structurally with executive regimes—not to ensure national defense, but
to enforce selective repression, extract resources, and secure regime
continuity. Professionalism is diluted, autonomy is curtailed, and
cohesion is deliberately dismantled to prevent the emergence of
alternative power centers within the state.
This directly
challenges the normative assumptions of civil-military theorists such as
Rebecca L. Schiff and Zoltan Barany. Schiff posits that democratic
civil-military relations depend on shared norms among military elites,
politicians, and the public. Barany emphasizes professionalism and
institutional autonomy as prerequisites for consolidation. Asymmetric
fusion regimes invert these logics: redundancy, fragmentation, and dual
chains of command are not malfunctions—they are design features.
Colombia
under Gustavo Petro now exhibits early features of this trajectory. No
milicia has been established, and no foundational legal restructuring
has occurred. But commissarial logic has entered through the back door: a
shift from battlefield legitimacy to bureaucratic subordination, from
strategic autonomy to ideological reliability. Petro’s pivot from
“national security” to “human security” reframes coercion as a problem
of inequality rather than a contest for sovereignty, embedding security
within a socio-legal paradigm that recodes doctrine without
constitutional debate.
This reorientation has enabled
jurisdictional displacement. In March 2023, the Office of the High
Commissioner for Peace (OACP) unilaterally declared a Zona de Diálogo
Humanitario in Tarazá, Antioquia—a territory under Clan del Golfo
influence. The announcement bypassed formal military channels, leaving
deployed units without clear engagement protocols. Intelligence agencies
like DIJIN and SIEDCO were sidelined in decision-making, while Petro
publicly questioned the reliability of Colombia’s intelligence
services—undermining both interagency coordination and institutional
relevance. The cumulative effect has been not only operational confusion
but strategic erosion: a weakening of the very architecture that once
insulated Colombia from the regional logics of fusion.
The
Dirección Nacional de Inteligencia (DNI)—successor to the now-defunct
DAS has undergone a profound structural and epistemic recalibration
under Petro. In early 2022, Petro appointed Manuel Alberto Casanova, an
M-19 member and Petro’s former private secretary, as DNI subdirector.
Casanova, who previously worked with ex-combatants at Fundación Avanzar
and held administrative posts in the Bogotá Mayor’s Office and SENA,
lacked formal intelligence or security credentials. Yet he was entrusted
with the agency’s most sensitive portfolios: counterintelligence,
personnel vetting, budgetary supervision, and international liaisoning.
His leadership marked a sharp ideological pivot away from the
technocratic professionalism inherited from naval and police
intelligence structures. Retired Admiral Rodolfo Amaya, whom he
replaced, had presided over a relatively stable period of intelligence
coordination—a legacy rapidly undone.
By 2023, the DNI had begun
systematically purging career intelligence officers, particularly in the
Dirección de Contrainteligencia Estratégica, replacing them with
politically vetted appointees linked to Petro’s governing coalition or
ex-M-19 networks. Institutional nodes with interagency connectivity—such
as DIJIN, SIEDCO, and the Comando Conjunto de Inteligencia y
Contrainteligencia Militar—were dismantled or bypassed. Budget lines
previously insulated under the Plan Estratégico de Inteligencia Nacional
(PEIN) were collapsed under centralized discretionary control. Informal
“coordination committees” were created to circumvent formal advisory
boards. The net effect was the erosion of institutional memory and
operational neutrality.
In late 2023, Casanova authorized
surveillance-related contracts using black budget funds that allegedly
bypassed the Unidad de Planeación Estratégica de Inteligencia (UPEI) and
formal acquisition oversight mechanisms. He shielded political allies
from background checks and redirected risk assessments to minimize
perceived threats from FARC dissidents while concentrating surveillance
efforts on actors aligned with the political opposition. Separately,
complaints emerged regarding a covert surveillance unit operating from a
luxury apartment in Bogotá’s Calle 92 and Carrera 11. These overlapping
scandals triggered Casanova’s resignation, followed by the departures
of senior officials such as Edwin Chavarro, Consuelo Ramos, and Urías
Trujillo, all amid concurrent investigations by the Fiscalía,
Procuraduría, and Comptroller General.
Casanova came under
mounting scrutiny over the illegal surveillance of two domestic workers
employed by Laura Sarabia, who was then head of the Administrative
Department of the Presidency (DAPRE) and now serves as Minister of
Foreign Affairs. The housekeeping staff were subjected to unauthorized
polygraph tests and surveillance by intelligence personnel, following
Sarabia’s allegation that cash had been stolen from her private
residence. Sarabia’s rapid political rise—despite being just 31 years
old and lacking fluency in English—reflects the administration’s
politicized appointments and the decline of professional standards
within key state institutions.
Simultaneously, Casanova was
implicated in a covert operation tied to a passport contract scandal, in
which 30 million pesos from the DNI’s black budget budget were used to
pay an individual who claimed to possess compromising information about
Camilo Bautista, a partner in Thomas Greg & Sons. The cash was
deposited at a Bancolombia branch by Casanova’s inner circle, and the
payment—later confirmed by the Comptroller General—raised serious
concerns about the politicized and opaque use of reserved intelligence
funds. While the operation was initially justified as a legitimate
effort to acquire sensitive intelligence, reports surfaced that the
entire affair had been orchestrated with the knowledge of Leyva himself
to simulate an extortion attempt and portray the minister as a political
victim. The competing narratives—remain unresolved, but the incident
triggered a purge at the top of the DNI and revealed deep suspicion
within Petro’s intelligence apparatus.
Carlos Ramón González was
appointed by Petro to replace Casanova, a former M-19 commander known by
the alias Mario Santander, who once served as the personal security
chief of Jaime Bateman and held military leadership roles in the
Santander region. After demobilizing, Ramón González entered politics as
a Bucaramanga councilman, later becoming a national congressman and
ultimately co-founding the Green Alliance, a political party that—under
Petro’s presidency—has expanded its bureaucratic footprint into SENA,
Icetex, the Superintendence of Health, and the Vice Ministry of the
Interior. As a political operative, strategist, and financier, Ramón
González embodied a nexus of ideological loyalty, strategic discretion,
and bureaucratic influence, maintaining a low public profile while
quietly orchestrating personnel decisions, legislative outreach, and
internal state coordination.
While nominally professionalized
after the collapse of the DAS, the DNI was gradually transformed into a
bureaucratic instrument for managing the ideological and logistical
priorities of the Petro administration. Ramón González appointment
followed his previous role as head of DAPRE, where he coordinated
internal presidential operations and allegedly directed illicit funds
from the Unidad Nacional para la Gestión del Riesgo de Desastres (UNGRD)
to congressional leaders during the 2023 legislative reform campaign.
Former deputy director Sneyder Pinilla claimed that then-UNGRD director
Olmedo López, under Ramón González instruction, disbursed funds to
Senate President Iván Name and House President Andrés Calle to secure
support for Petro’s reform package. Although Ramón González has denied
any involvement in the affair or in alleged surveillance operations
dubbed "Plan Orión," the Supreme Court summoned him to testify in 2024,
deepening concerns over the use of intelligence institutions for covert
political engineering.
Notably, Petro allies outside of the DNI
exert enormous pressure. Luis Eduardo Parra Galindo, Petro’s former
lawyer and current delegate comptroller for defense, has gained access
to sensitive intelligence outputs—and allies of the former Minister of
Defense and Petro's ally in Indumil.
Rather than rebuilding
post-DAS intelligence under democratic norms and civilian oversight, the
Petro government has converted the DNI into a mechanism of internal
filtration and narrative enforcement. The Sistema Nacional de
Inteligencia (SNI)—originally created to coordinate interagency flows
among military, police, and civilian organs—has been sidelined.
Intelligence-sharing with Comando Conjunto, Policía Judicial, and the
Unidad de Información y Análisis Financiero (UIAF) has fragmented. The
result is the erosion of national situational awareness, particularly
regarding hybrid threats such as ELN–FARC dissident convergence,
military-narco alliances, and regional criminal realignments.
In
parallel, judicial authorities have begun raising alarms. Magistrates of
the Constitutional Court, including Jorge Enrique Ibáñez and José
Fernando Reyes, publicly warned of illegal intercepts and profiling by
the DNI. The Special Jurisdiction for Peace (JEP) and the heads of
Colombia’s high courts issued statements demanding investigations and
judicial protections.
Following the exposure of the DAS’s
systematic political surveillance in 2009—including illegal wiretaps
against magistrates of the Constitutional Court, opposition senators,
and human rights defenders—the agency was formally dismantled in 2011.
Its dissolution, propelled by congressional inquiries and Petro’s own
denunciations as a then-senator, was intended to mark a structural
rupture with executive-led intelligence abuses. In its place, the
Dirección Nacional de Inteligencia (DNI) was established in 2012,
conceived as a non-operational, civilian agency without policing powers,
governed by Statutory Law 1621 of 2013 to ensure legal proportionality,
institutional checks, and congressional oversight. Yet under Petro’s
presidency, this framework has been systematically eroded and he has
turned the DNI into an adaptive apparatus for internal filtration and
ideological consolidation.
Parallel to this institutional
reconfiguration, Petro’s administration has implemented a doctrine of
operational abstention that has systematically degraded the Armed
Forces’ deterrent posture. Field intelligence and internal military
communications, particularly in Catatumbo, Bajo Cauca, and southern
Córdoba, document standing orders for tactical non-engagement—directives
that prevent intervention even during active offensives by non-state
armed actors. This has produced a de facto demilitarization of critical
conflict zones.
Tibú has become the global epicenter of coca
cultivation, with over 50,000 acres planted—constituting nearly 80% of
Catatumbo’s total and surpassing entire national totals of some
coca-producing countries. The municipality’s logistical centrality
within ELN-controlled trafficking corridors, combined with its proximity
to Venezuelan territory and joint control by Venezuelan military and
intelligence units, has transformed it into a bi-national enclave of
criminal governance. Likewise, the Arauca–Apure corridor functions not
merely as a smuggling route but as a transnational zone of shared
sovereignty between ELN fronts and Bolivarian militias embedded within
Venezuela’s security doctrine. This corridor now serves as both a
launchpad for cross-border influence operations and a buffer zone
strategically used by Caracas to destabilize Colombia through plausible
deniability.
The permissive security climate has catalyzed a
structural reorganization of armed group architecture across Colombia.
Unlike pre-2016 insurgencies such as the FARC or M-19—which relied on
vertical hierarchies and centralized command—the dominant armed actors
today operate through decentralized, polycentric networks characterized
by modularity, redundancy, and territorial franchising. These
configurations facilitate rapid adaptation and continuity even after the
neutralization of key commanders.
The Clan del Golfo exemplifies
this transformation. Its shift toward a federated model, granting
operational autonomy to regional blocs while preserving centralized
control over finances and logistics, has enabled exponential territorial
growth. Between 2022 and 2023, the Clan expanded its presence by 84%,
most visibly in Urabá, where it has consolidated control over the Darién
Gap’s migrant-smuggling routes—a high-margin criminal economy now
integral to its financial model. The route, once dominated by coyotes
and informal actors, is now under cartel-style management, with
logistics, extortion checkpoints, and paramilitary protection integrated
into a cohesive enterprise.
Simultaneously, the Ejército de
Liberación Nacional (ELN) has undergone a strategic metamorphosis.
Beyond its traditional insurgent role, it now functions as a hybrid
paramilitary-entrepreneurial actor embedded in Venezuela’s regional
security strategy. The group has expanded its operational footprint by
56%, diversifying its revenue sources to include illegal gold mining in
Chocó, crude oil siphoning from the Caño Limón–Coveñas pipeline in
Arauca, and cross-border extortion rings. Caracas both tolerates and
facilitates these activities—particularly where ELN militias act as
counterweights to rival armed groups near Venezuela’s western frontier.
By mid-2023, the ELN held presence in approximately 200 municipalities
across 19 departments—more than any other actor.
Human Rights
Watch data from 2024 confirms the magnitude of armed expansion.
According to them, the Clan del Golfo operates in 392 municipalities—up
55% from 2022. The ELN is present in 232 (+23%), and FARC dissident
factions in 299 (+30%). Leaked internal Ministry of Defense briefings
reported by Colombian newspapers from late 2023 estimate the total armed
strength of these actors—combining ELN, EMC, Segunda Marquetalia, and
the Clan—at 16,770 combatants, marking an 11% increase over the previous
year. Most strikingly, former Peace Commissioner Danilo Rueda, who
resigned in August 2023, revised his initial estimate of the Clan del
Golfo’s force from 9,000 in early 2023 to 14,000 by December—a 55% surge
within a single calendar year.
This acceleration in paramilitary
capacity has coincided with the gravest mass displacement crisis
recorded in Colombia since national statistics began in 1997. In
Catatumbo alone, forced displacement in 2023 reached nearly 40,000
people—exceeding all prior national annual displacement totals. This
crisis is not a collateral consequence of policy misalignment. Rather,
it is the predictable result of a permissive legal-institutional
framework, the strategic paralysis of national security forces, and a
negotiation paradigm that has inadvertently incentivized armed expansion
by lowering the costs of violent governance and territorial occupation.
Petro’s
total peace enacts a structural reprogramming of the
legal-institutional architecture governing state engagement with armed
actors. Anchored in Law 2272 of 2022, which modifies and extends Law 418
of 1997, the policy introduces what can be more precisely characterized
as a form of procedural insurgency: a modality of legal subversion in
which the executive repurposes and reorders statutory instruments
without overtly violating their formal structure. Law is neither
suspended nor overthrown; rather, it is internally inverted to permit
executive discretion to override the prior sequencing, jurisdictional
thresholds, and classificatory authority of Colombia’s conflict
governance framework.
This transformation is most evident in the
rupture with the sequencing logic embedded in Colombia’s foundational
conflict statutes—Law 418 of 1997 (and its multiple reforms), Law 975 of
2005 (Justice and Peace), and Law 1448 of 2011 (Victims and Land
Restitution). These laws conditioned state engagement on prior legal
recognition: a group’s political character, adherence to International
Humanitarian Law (IHL), cessation of hostilities, and a demonstrable
commitment to victim reparations. Under Law 2272, that logic is
reversed. Engagement precedes classification; recognition becomes an
administrative outcome rather than a legal prerequisite. The result is a
post-legal framework in which legality is preserved in form but
deferred in function—reordered as a consequence of executive discretion,
not as a gatekeeping condition.
At the center of this reordering
is the Office of the High Commissioner for Peace (OACP), whose powers
were expanded by Article 5 of Law 2272. Once a technical advisory
entity, the OACP is now empowered to initiate acercamientos (approaches)
and diálogos exploratorios (exploratory dialogues) with armed actors
absent any judicial or prosecutorial assessment of ideology,
organizational structure, territorial presence, or IHL compliance. It
functions as a discretionary gatekeeper, bypassing the judicial review
functions of the Fiscalía General de la Nación and the Special
Jurisdiction for Peace (JEP), which previously regulated the legality of
engagement. The process becomes executive-led and procedurally unbound.
This
dynamic was crystallized in Resolution 075 of 2022, whereby the OACP
requested the suspension of arrest and extradition orders for members of
the AGC (Clan del Golfo) and the Estado Mayor Central (EMC)—groups that
had been historically classified by Colombian courts as criminal or
dissident armed actors. The legal justification cited Decree 1175 of
2016, originally designed to facilitate the demobilization of the
FARC-EP under the 2016 peace accord. Its application to non-recognized
groups like the AGC and EMC constituted a significant legal stretch, as
these actors had not undergone any process of political recognition or
transitional justice inclusion. While this move was contested by the
Procuraduría General de la Nación for procedural and constitutional
irregularities—including the circumvention of due process and the
neutralization of prosecutorial authority under Article 250 of the
Constitution—no definitive ruling has yet been issued by the
Constitutional Court. The objections remain advisory unless judicially
enforced, and the resolution remains legally operative in the interim.
The
case of the AGC is particularly emblematic. Although formally
classified as a criminal organization (Organización Delictiva) by the
Colombian state, its members received procedural benefits typically
reserved for politically recognized armed actors—such as immunity from
arrest and access to dialogue channels. This disjuncture reinforces the
emergence of hybrid statuses, wherein groups occupy an ambiguous legal
position: not formally recognized as political actors, yet granted
partial legal and procedural benefits normally contingent on such
recognition.
Together, Law 2272 and Resolution 075 produce a regime of executive legal suspension, with three converging effects:
- Judicial authority is temporally displaced: enforcement is paused before legal status is adjudicated.
- Legal tools are repurposed politically: arrest and extradition mechanisms become flexible instruments of negotiation.
- Hybrid statuses emerge: armed groups acquire procedural benefits—immunity, political interlocution—without legal transformation.
This
architecture bears resemblance to comparative models of
para-institutional legalism, particularly in hybrid regimes where legal
form is retained while normative content is hollowed. Rather than a
rupture, this is an intensification of legality: legal instruments are
stretched, anticipatorily applied, or strategically deferred to
neutralize horizontal accountability. The judiciary remains formally
intact, but its functional authority is subordinated to executive
sequencing.
Such techniques resonate with Carl Schmitt’s theory
of the state of exception, though with important distinctions. Petro
does not invoke formal emergency powers or suspend constitutional norms
outright. Instead, legality is reoriented through temporal distortion
and procedural elasticity, producing a regime better described as
normative withdrawal: legality persists in form but is selectively
deactivated in function. Armed actors—EMC, ELN, AGC—are neither
criminalized nor politically recognized; they inhabit a juridical limbo,
perpetually engaged but never conclusively adjudicated.
Historical
analogues for this architecture are not found in overt states of
exception like those of Napoleon, but in more subtle reconfigurations
where law is neither abolished nor upheld, but internally restructured
to govern through ambiguity. Two cases—Jacobin France in 1794 and
post-revolutionary Mexico under Carranza and Obregón—offer precedents in
which legality was retained yet operationally evacuated, retooled as a
vehicle for executive temporality, tactical discretion, and
jurisdictional asymmetry.
In revolutionary France, the Law of 22
Prairial (22 June 1794), engineered by Couthon under Robespierre,
reconfigured the Tribunal Révolutionnaire into a preemptive machinery of
classification. Abolishing defense rights, excluding evidentiary
standards, and authorizing verdicts based on “moral conviction,” the law
juridified suspicion itself. Terms like ennemis du peuple became
legally performative—condemning individuals through designation alone.
Under Fouquier-Tinville, over 1,300 were executed in Paris within seven
weeks, many in mass trials resolved within minutes.
Yet this
architecture extended beyond Paris. Regional tribunals in Lyon, Nantes,
and Arras adapted the national legal script to local factional contexts,
producing juridical pluralism within a formally unitary terror regime.
In Lyon, Joseph Fouché orchestrated streamlined executions through
military commissions, bypassing formal tribunals altogether. In Nantes,
Jean-Baptiste Carrier implemented mass drownings of
prisoners—noyades—under the rhetorical guise of revolutionary justice
but without any legal infrastructure. Even intra-Jacobin purges—such as
the arrest of Danton and Desmoulins—were procedurally encoded through
the term indulgents, a charge devoid of statutory grounding but
institutionally fatal. What unified these cases was not uniformity but
fragmented legal performativity: revolutionary legality multiplied and
diffused across local jurisdictions, invoked ritualistically while
hollowed of forensic or deliberative content. As Colin Lucas has noted,
the Jacobin state did not abolish legal form; it fractured, accelerated,
and weaponized it. The result was a system in which legality was
everywhere deployed but nowhere stabilized.
Petro’s total peace
replicates this inversion via more technocratic modalities. The
Colombian state engages armed groups not post-adjudication but in
anticipation of classification—granting procedural concessions such as
arrest suspension or exploratory dialogue before any legal status is
conferred, as seen with the AGC and EMC. Legal sequencing is sidestepped
through administrative temporality: recognition becomes an outcome of
negotiation, not a prerequisite. Classification, like in 1794, becomes
performative, preemptive, and detached from closure—executed through
legal form but emptied of adjudicative finality.
If the Jacobin
case illustrates procedural hypertrophy, post-revolutionary Mexico
offers a complementary logic: juridical fragmentation. After the 1917
Constitution, Carranza’s regime preserved formal legal supremacy while
accommodating a mosaic of regional warlords and para-sovereign actors.
In Sonora, Obregón operated a state within a state, distributing
ministries among loyalists and establishing para-fiscal regimes outside
federal oversight. Veracruz under General Manuel Peláez functioned as a
militarized petro-feudal enclave, financed by U.S. oil companies, where
customs duties, justice, and security were administered by private
militias. Rather than confront these autonomies, the federal state
retroactively issued provisional recognitions, military appointments, or
de facto incorporations—legal gestures that normalized fragmentation
under the sign of unity.
The defensas rurales system, formalized
under Obregón, legalized armed irregulars under the constitutional
framework while insulating them from centralized command. These units,
composed of ex-insurgents, smugglers, and regional bosses, exercised
coercive and fiscal powers without judicial accountability. In Morelos,
Zapatista successor networks continued to adjudicate agrarian claims and
tax local economies, eventually absorbed through Article 27’s agrarian
reform mechanisms. This was not state consolidation but selective
constitutionalization of insurgent legality, producing a hybrid order
where the federal state claimed formal sovereignty while outsourcing
operational authority to localized legal fictions.
Total peace
operates along similar lines. Exploratory dialogues advance with some
actors (EMC, ELN), while others remain in ambiguous limbo—excluded or
indefinitely deferred. There is no unified classificatory regime; armed
groups exist in hybrid legal statuses, partially engaged but never
conclusively defined. The law becomes a site of strategic deferral,
enabling executive maneuverability across fragmented zones of violence.
As with Carranza’s pacts, Petro’s framework cultivates
para-institutional tolerance—juridically enabled yet structurally
unresolved.
These analogies sharpen broader theoretical insights.
Agamben’s notion of the “state of exception becoming the rule” is here
refined into a condition of administrative exceptionalism: the rule of
law is not suspended but recursively postponed, producing indefinite
thresholds rather than decisive breaks. Duncan Kennedy’s theory of legal
indeterminacy also resonates. By dissolving constraints of sequencing,
jurisdiction, and classification, Petro’s legal strategy renders law a
field of executive plasticity—malleable, anticipatory, and strategically
non-final.
Recruited at eighteen into a propaganda cell of the
M-19 in Zipaquirá, Petro's tasks were pedagogical and public-facing: the
distribution of political bulletins on worker buses, the circulation of
revolutionary materials in urban markets, and participation in
ideological discussion circles. He was not clandestine nor militarized.
When the M-19 transitioned into underground armed struggle following the
1978 Cantón Norte arms raid, Petro embedded himself in formal municipal
structures instead—first as personero in 1982, then as concejal in
1984. But this institutional participation was never assimilationist.
His orchestration of land invasions to establish the barrio Bolívar 83,
and his later imprisonment for illegal arms possession, suggest an
insurgent legalism: the tactical use of legal status to generate
territorial facts. The institution became a platform for contestation,
not compromise. What emerges is a consistent grammar of mobilized
legality—one in which political authorization derives not from
adjudicated norms but from spatial intervention, popular eruption, and
juridical improvisation. This grammar persists in total peace.
After
the death of Gentil Duarte in May 2022—previously the dominant figure
among FARC dissidents— Ivan Mordisco swiftly consolidated his position
as EMC’s national leader. With legal action halted and state pressure
lifted, he reactivated logistical corridors through San Vicente del
Caguán, a historic FARC stronghold, and reestablished control along the
Caguán and Orteguaza rivers. These corridors, once vital to the FARC
Southern Bloc, again became critical conduits for weapons and coca base
transport.
In this vacuum, EMC fronts in southern Meta, Guaviare,
and Putumayo expanded territorial control—coinciding with broader
shifts in Colombia’s coca economy. According to the UNODC’s October 2024
report, coca cultivation rose 10% in 2023, reaching a record 625,072
acres. More strikingly, estimated potential cocaine output jumped 53%,
from 1,738 metric tons in 2022 to 2,664 in 2023—driven not only by
expanded cultivation, but by higher yields and more efficient
processing.
Putumayo and Peru’s Loreto region across the border
saw some of the sharpest increases. Between 2018 and 2022, Putumayo’s
coca cultivation nearly doubled (1.8x), particularly in municipalities
where EMC influence had resurged. Free from detention, Mordisco was able
to command, reorganize, and consolidate EMC as a national
force—leveraging the suspension of enforcement as political capital in
negotiations. The EMC was able to maintain a dual posture: a political
interlocutor and a militarily expanding insurgency, tightening its grip
on key narco-financial corridors.
At the time, the Fiscalía,
Ministry of Environment, and Army’s 22nd Jungle Brigade were executing a
joint operation targeting illegal mining and forced displacement
networks in the buffer zones of La Macarena National Park, an area of
overlapping ecological fragility and insurgent entrenchment. The
Guayabero corridor there serves as a critical logistical artery for
armed actors, connecting coca-producing zones with transshipment routes
toward Venezuela and Brazil, and enabling territorial continuity across
multiple fronts of the EMC. The suspension halted enforcement efforts,
as further action required direct presidential authorization amid
uncertainty.
During this procedural limbo, EMC forces expanded
their presence in rural sectors of Vista Hermosa (Meta) and San José del
Guaviare, consolidating territorial control. Coercion against campesino
communities escalated, including threats of displacement and the forced
integration of coca growers into EMC-run extortion schemes.
Deforestation surged in protected areas throughout 2023, driven by coca
cultivation and illicit mineral extraction—particularly antimony. These
environmental crimes, previously geo-referenced for prosecution,
remained untouched during the suspension.
The breakdown not only
derailed enforcement in one of Colombia’s most sensitive ecological
corridors, but also fractured coordination between the Fiscalía,
military, and environmental authorities—exposing how legal ambiguities
under Paz Total can generate de facto impunity zones and institutional
disarticulation.In Buenaventura, the trajectory of alias ‘El Mocho’, a
high-ranking commander of the urban criminal structure Los Shottas,
illustrates the blurring of legal categories under Paz Total, and the
risks this posed for both local governance and national security. While
Los Shottas were never formally designated as a political actor eligible
for peace negotiations under Law 2272 of 2022, their inclusion in
local-level ceasefire conversations with government emissaries in 2023
created a de facto protection framework, one that substantially altered
enforcement dynamics in the city.
In April 2023, the Office of
the High Commissioner for Peace (OACP) facilitated “Diálogos
Sociojurídicos por la Vida”, a municipal-level initiative aimed at
reducing violence through community dialogue in Buenaventura. According
to reporting by La Silla Vacía (June 2023) and Contagio Radio (May
2023), although these dialogues were framed as socio-community efforts,
members of both Los Shottas and their rival group, Los Espartanos, were
present in several early meetings, and local Fiscalía offices received
informal instructions to limit enforcement actions during the
confidence-building phase. This informal operational shift was not
backed by any legal declaration of ceasefire or political status, yet
resulted in a temporary suspension of active investigations and arrest
operations.
During this period of procedural ambiguity, Los
Shottas increased targeted violence in disputed sectors of Comuna 12,
culminating in a series of assassinations and forced curfews between
August and December 2023. Civil society monitoring platforms, including
Buenaventura Resiste and the Red Departamental de Derechos Humanos del
Valle del Cauca, documented an escalation of intimidation and coercion,
with the December 2023 Comuna 12 massacre—which left eight people
dead—attributed by multiple community sources to Los Shottas. Despite
this, investigative procedures remained hampered by confusion over the
legal framework governing dialogue participants.
The Procuraduría
General de la Nación raised alarms about this ambiguity. In an official
statement issued in January 2024, it warned that the executive had no
legal authority to suspend enforcement or confer negotiation protections
on groups not recognized under international humanitarian law as armed
political actors. The case triggered institutional friction between the
Fiscalía, the Procuraduría, and the OACP, as the latter's informal
handling of dialogue logistics effectively placed violent non-political
actors beyond the reach of immediate judicial intervention.
The
strategic implications were both local and national. On the ground, Los
Shottas strengthened their hold on extortion circuits, micro trafficking
routes, and informal territorial governance structures, while enjoying a
period of state-enforced judicial inaction. Nationally, the case
revealed a fundamental weakness in the legal architecture of Paz Total:
the absence of clear classification standards for dialogue
interlocutors, and the risk of executive overreach into judicial
discretion. By informally recognizing criminal groups without any
grounding in humanitarian or transitional legal categories, the
government blurred the boundary between peacebuilding and
impunity—creating a precedent with constitutional and security
consequences well beyond Buenaventura.
A comparable dynamic
unfolded in Casanare, where alias ‘Pijarvey’, a former paramilitary
commander linked to the Autodefensas Gaitanistas de Colombia (AGC),
became the object of informal exploratory dialogues under a “submission
to justice” logic. Despite being under investigation for multiple
homicides, arms trafficking, and land dispossession, prosecutorial
action was frozen following exploratory contact initiated under the Paz
Total framework. This procedural halt enabled Pijarvey’s faction to
entrench itself in the foothills of the Sierra Nevada del Cocuy, where
state presence was minimal and intelligence indicated growing
collaboration with narcotrafficking routes through Arauca.
Strategically, this local inaction reverberated at the national level by
incentivizing other AGC factions—particularly in Antioquia and
Córdoba—to signal openness to dialogue in exchange for de facto legal
protection, diluting the state’s ability to draw firm lines between
negotiation and submission. It also triggered concern within military
and intelligence institutions that the peace framework was being
instrumentalized by non-political actors to co-opt state mechanisms for
strategic pause and expansion, rather than genuine demobilization.
Moreover,
this framework establishes a normative asymmetry between armed actors
within the transitional justice system (e.g., those under the
jurisdiction of the JEP)—who are bound by truth, reparations, and
conditionality—and those under Paz Total, who benefit from legal
suspensions without submitting to any judicial mechanism. The result is a
bifurcated peace architecture: one governed by law, the other by
executive proceduralism.
As of 2024, the Fiscalía had documented
at least 19 cases in which regional prosecutors were unable to execute
judicial functions due to total peace decrees—none of which passed
through formal judicial channels for review. This systemic circumvention
not only transforms peace implementation from a legal process into a
discretionary political instrument—it strategically empowers armed
actors, weakens prosecutorial legitimacy, fragments territorial control,
and generates incentives for conflict actors to simulate negotiation in
order to gain time, territory, and impunity.
One of the most
revealing mechanisms in Petro’s broader strategy of para-institutional
governance is his attempt to reprogram Colombia’s 70,000 Juntas de
Acción Comunal (JACs) into territorial subcontractors of the “popular
economy.” These civic bodies—originally established by Law 19 of 1958
and legally reinforced under Law 743 of 2002—are among the most
expansive and locally rooted institutions in Colombia’s political
geography. With more than six million members, the JACs have long served
as generators of social cohesion, participatory democracy, and
bottom-up governance. But under Petro, they are being operationalized as
state executors without state constraints.
Through the 2022–2026
National Development Plan (Colombia: Potencia Mundial de la Vida), the
Petro administration assigned the JACs responsibility for executing
major public works under the new Public-Popular Partnerships (APPo)—a
model introduced by Decree 1961 of 2023 and defended via Decree 0874 of
2024 after the Constitutional Court declared the former
unconstitutional. JACs were tasked with implementing tertiary road
rehabilitation, solar micro-grid installations, school meal distribution
(PAE), and rural internet provision. These were not small symbolic
acts: Petro allocated 2 trillion pesos to the Caminos Comunitarios para
la Paz Total infrastructure program, with a significant portion
earmarked for execution through JACs under the APPo framework.
Government officials projected that up to 8 trillion pesos could
eventually be managed through these mechanisms.
Functionally,
this model bypasses the formal Public-Private Partnership framework by
routing execution through politically vetted community
organizations—many of which lack accounting systems, procurement
protocols, or even formal bank accounts. While the standard PPP model
established under Law 1508 of 2012 continues to operate, the APPo format
creates a parallel structure, nominally legal but exceptional in its
circumvention of conventional state contracting norms. In effect,
Petro’s administration has externalized state execution into a parallel
civic infrastructure—justified as participatory democracy but
structurally subordinated to central executive control, though
opportunistically adopted by some JACs seeking institutional recognition
and access to funds.
The deeper significance of this shift lies
in its historical continuity with insurgent governance. During the
internal conflict, particularly in zones of FARC influence like Huila,
JACs were co-opted as instruments of guerrilla control. The FARC did not
destroy JACs—they embedded themselves within them, issuing binding
orientaciones (orders) through assembly meetings, codifying behavioral
rules in community manuals, and using Comités de Convivencia y
Conciliación to adjudicate disputes and enforce informal law. These
institutions became vectors of what Ana Arjona terms rebelocracy: the
institutionalization of insurgent rule through localized civic channels.
After
the 2016 Peace Accord, this embedded order disintegrated. JACs were
left juridically hollow—no longer backed by either the FARC’s coercive
apparatus or the state’s institutional presence. In many areas, the
resulting vacuum was filled by criminal actors invoking guerrilla
legitimacy without its embedded discipline. Surveillance networks,
informal security patrols, and memory-based community sanctions became
the only available mechanisms of self-defense. In some regions,
particularly those under the presence of residual FARC factions, the
ELN, or the Clan del Golfo, JACs have remained vulnerable to coercive
co-optation—functioning as hybrid governance nodes where civic autonomy
is subordinated to armed group control.
Petro’s reactivation of
the JACs does not revive their civic autonomy. Instead, it repositions
them as instruments of para-institutional delivery, controlled through
central ministries and ad hoc contracting decrees. Implementation has
already revealed the contradictions of this model. Under the Caminos
Comunitarios para la Paz Total program, over 29,000 project proposals
were submitted by JACs—thousands of which were disqualified due to
paperwork errors, digital illiteracy, or incompatible governance rules.
Departments such as Santander, Chocó, and Meta reported particularly
high rejection rates. State agencies like Invías imposed top-down
compliance frameworks—requiring board presidents to resign to delegate
authority and conditioning disbursements on co-signed bank
certificates—undermining the JACs’ horizontal statutes and generating
extortion risks, delayed payments, and reputational damage. The lack of a
national training or institutional support framework—no standardized
accounting systems, no integrated digital platforms, and no structured
onboarding—has left many JACs legally exposed and administratively
vulnerable.
This dynamic—where executive agencies treat JACs as
both autonomous and subordinate—mirrors the broader legal duplicity of
Paz Total. Just as the state engages armed groups without
classification, it contracts with JACs without building structural
capacity. The result is not community empowerment but instrumentalized
decentralization, creating logistical chaos, legal exposure, and the
dispersion of accountability. In 2023 alone, over 50 JAC leaders were
assassinated, according to INDEPAZ—the highest toll of any social
sector—reflecting the elevated risk of turning unprotected civic leaders
into politically exposed public contractors.
Even successful
cases reveal the logic of politicization. In departments like
Cundinamarca, where JACs previously executed infrastructure projects
under Governor Jorge Rey, programmatic alignment with Petro has
translated into electoral mobilization. The Movimiento Comunal y
Comunitario, dismantled after paramilitary threats in the 2000s, is now
being revived through CNE registration processes—especially in
departments like Cauca, Meta, and Cundinamarca—where JAC leaders have
run under the Pacto Histórico banner or allied lists. Petro has publicly
encouraged JACs to support his reform agenda and to march for his
administration. What emerges is not merely a participatory economy, but a
territorial political machine built on legal improvisation and
grassroots dependency.
The JAC experiment illustrates Petro’s
deeper strategy: a recomposition of the Colombian state through
para-institutional networks. Public order is no longer enforced through
judicial hierarchy or security doctrine, but reimagined as a
decentralized system of loyal intermediaries—armed groups in some zones,
communal boards in others. In both cases, the rule of law is replaced
by rule through negotiated presence, procedural discretion, and
political loyalty.
This model aligns with the broader
architecture of executive procedural insurgency described throughout
this essay: law is not suspended, but reordered to produce impunity. The
judiciary remains intact in form, but its gatekeeping
functions—classification, accountability, oversight—are either bypassed
or deferred. In this sense, the JACs are not an aberration. They are the
civic analogue to Petro’s armed dialogue strategy: a tool for
territorial insertion, legal circumvention, and political reengineering
under the sign of legality.
Indeed, this experiment shares
structural affinities with other Latin American para-state models such
as Venezuela’s Consejos Comunales or Bolivia’s MAS-era civic
contracting, where participatory frameworks became instruments of
executive consolidation under the legal banner of popular sovereignty.
Petro
may imagine himself a constitutional engineer, bending legality toward
some higher dialectical horizon. But if he continues to dissolve the
boundaries between law and violence—if he persists in elevating mafias
to juridical subjects while neutralizing the Armed Forces and fracturing
the judiciary—he will not govern a subdued republic. He will preside
over the ignition of civil war. Not the ideological insurrections of the
20th century, but a structurally defensive war—triggered not by
partisanship, but by the annihilation of institutional boundaries that
Colombians, across generations, have learned to defend in blood. “Un
poder sin ley, aunque se revista de formas legales, es una corrupción
del alma nacional,” warned José Eusebio Caro, the co-founder of the
Conservative Party, in a letter from 1853, during another era of
constitutional mutation. His insight holds: when the law is manipulated
to sanctify impunity, when justice becomes choreography, the nation
recoils not in abstraction but in historical reflex. The result is not
procedural disagreement. It is rupture.
Colombia is not Cuba, nor
is it Venezuela. It is a country with no metaphysical loyalty to power
and no historical tradition of docile continuity. It has burned its
capitals before, dethroned its parties, and buried its constitutions.
Its people do not rise for utopia—they rise when the state itself
becomes indistinguishable from the enemy. Petro is building precisely
such a state: one that governs through juridical fog, rewards
territorial coercion, and places civic institutions under ideological
command. But what he misjudges is not the patience of Colombians—it is
the ancient, violent literacy of a people who remember that war, however
tragic, can also be the final grammar of boundary. Colombia has lived
through civil wars not because it was lawless, but because it could not
abide being ruled as if law no longer mattered. Should Petro continue on
this path, he will not face opposition in the abstract. He will find
himself in open confrontation with a republic that, once awakened,
fights not to destroy its institutions—but to resurrect them.
-- "Woe unto him who has not tasted defeat."