Striking Admission from Colombia's Minister of Justice: Legal Deficiency in Total Peace Proved Costly

Colombia's Minister of Justice Jorge Iván Cuervo made a striking self-criticism regarding the 'Total Peace' strategy conducted by the head of state. The minister, who took office in the final periods of the government, publicly admitted that serious design mistakes were made from the very beginning of the negotiations. Stating that the Petro administration lacked a solid legal framework to support the processes when sitting at the table with different armed organizations, Cuervo emphasized that this situation directly and negatively affected the course of the negotiations. The official's statements revealed that peace policies have entered a critical juncture in the country, just weeks before a change of government. The minister directing such clear criticism despite coming from his own cabinet caused a huge outcry in Colombian politics.

Stating that the biggest problem during the conduct of the negotiations was the lack of legal infrastructure, Cuervo expressed that this situation left the state in a great position of vulnerability. He claimed that the Total Peace Law opened the door for dialogue with various actors, but a legal skeleton that would guarantee the processes was never fully constructed. Noting that the executive branch failed to develop the necessary legal tools to manage the discussions at the table in a monotonous and consistent manner, the minister stated that he warned about this weakness internally from the very beginning. It was pointed out that legal uncertainties also damaged the reliability of potential agreements reached with illegal organizations. Minister Cuervo added that the lack of legal support seriously weakened the government's bargaining power and became one of the main obstacles halting progress.

The minister's criticisms were not limited to legal processes; he also brought up one of the Petro administration's most controversial political decisions. Arguing that granting political recognition and negotiation status to FARC dissidents was a huge mistake, Cuervo stated that this decision opened numerous problems for the state. Emphasizing that the decision contradicts the spirit and conditions of the historic Peace Agreement signed by the corps in 2016, the official drew attention to the fact that it resulted in a disadvantage for the former guerrillas who laid down their arms by remaining loyal to the agreement. He reminded that the 2016 agreement clearly stated that those who returned to crime would not benefit from any legal advantages. Therefore, it was argued that it is unacceptable for the dissidents who continue their armed rebellion to receive the same political treatment as the original FARC members.

Despite all these heavy criticisms, Minister Cuervo refrained from concluding that the Total Peace policy was a complete failure from start to finish. He stated that in evaluating the process, each armed structure must be analyzed separately, and that making a general judgment would be misleading. For instance, drawing attention to the negotiations exceeding two years conducted with the ELN (National Liberation Army of Colombia), he expressed that the government realized in a short time that the counterpart did not demonstrate a genuine will for peace. On the other hand, he defended this area by arguing that urban-scale negotiations conducted especially in cities like Quibdó yielded positive results. It was stated that these urban dialogues, through an arranged coordination involving the inclusion of inmates in prisons, achieved a significant decrease in crime rates such as murder and extortion, and contributed to social peace on a local scale.

With the end of the government and the new president Abelardo de la Espriella taking office, the fate of the processes has become a matter of curiosity. Minister Cuervo stated that he officially addressed the transition team of the new administration, issuing warnings for them to be careful. He emphasized that the new government's sudden and rather violent dismantling of all existing negotiation tables could have very serious and unpredictable consequences in terms of security across the country. Advising that legal and practical preparations be made to counter armed groups' attacks in the event of the removal of the negotiations, the minister requested that the processes be terminated or transformed within a framework of strategic planning. The message was given that at this critical threshold, Colombia must take lessons from the mistakes in its peace policies while also taking new security risks into consideration.