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Chapter 6 examines how parties and the military shaped democracy in Argentina and Colombia. Both countries were ruled by authoritarian regimes in the nineteenth century that manipulated elections to remain in power. A strong opposition party, the Radical Civic Union, arose in Argentina in the 1890s and this party initially sought power through armed revolts as well as elections, but the professionalization of the military at the end of the nineteenth century made armed struggle futile. The Radicals pushed for democratic reforms but could not achieve them until a split within the ruling party led dissidents to come to power. After passage of the reforms in 1912, the Radicals won the presidency, but Argentina then lacked a strong opposition party, which undermined democracy in the long run. In Colombia, two strong parties arose during the nineteenth century and whichever party was in the opposition sought power at times via armed revolt. Colombia professionalized its armed forces in the early twentieth century, however, which forced the opposition to abandon the armed struggle. The opposition began to focus on the electoral path to power, but was only able to enact democratic reforms thanks to a split within the ruling party. In the wake of these reforms, Colombian elections became relatively free and fair, but the country's military was not strong enough to contain increasing regional violence, which undermined the country's democracy.
Los estudios sobre la relación entre música y fuerzas militares suelen estar mediados por enfoques tradicionales que analizan la música marcial o sus usos para los fines de la institución. Sin embargo, existe una producción musical de integrantes activos y retirados de las fuerzas militares que no es marcial, que no necesariamente está institucionalizada y que se aleja de los usos y temáticas que usualmente se asocian a la música militar. El estudio de estas producciones complejiza y enriquece los enfoques tradicionales sobre la relación entre música y fuerzas militares. Este texto presenta los hallazgos de la recopilación y análisis de 463 canciones compuestas y/o interpretadas por militares activos y retirados en Colombia entre 1989 y 2021, junto con entrevistas a algunos de estos artistas. Los hallazgos sugieren que abordar este tipo de música, que pocas veces es reconocida como ‘militar’, permite conocer la perspectiva del soldado como individuo en contextos de guerra y posconflicto; facilita la comprensión de la relación entre música institucional y no institucional y los distintos usos que se le da; y abre líneas de investigación sobre la forma en la que estas producciones entran en diálogo con géneros musicales, identidades regionales y el mercado artístico en el que participan.
How do state interventions targeting illicit economies influence armed violence? Using Colombia as a critical case, we argue that aerial spraying of coca crops exacerbates violence by destabilizing local power dynamics and disrupting interactions among armed actors, civilians, and the state. Using municipal-level data from 2000 to 2015, we find that aerial spraying increases overall levels of violence in affected areas. Aerial spraying, we find, propitiates retaliatory violence against the state, stimulates turf wars between armed organizations, and produces civilian victimization. Moreover, we show that paramilitaries and criminal organizations respond more sharply to aerial spraying, escalating retaliation against the state and violence against civilians. By contrast, insurgent violence remains more consistent, driven by ideological goals and largely independent of eradication efforts. These findings reveal how fleeting large-scale interventions can inadvertently fuel conflict by altering the strategic equilibria of violent actors in illicit economies.
Compulsory voting (CV) has been common in Latin America. While research on its effects is burgeoning, little is known about its origins. This article seeks to start filling the gap by focusing on the adoption of CV in democratising polities. It proposes an explanation that rests on two implications of what this institution can reasonably be expected to do, i.e. increase turnout. The first logic suggests that CV was established to curb electoral malfeasance. The second, in turn, posits that it was introduced for damage limitation to those who held power. These hypotheses are tested against alternatives through a comparative historical study of three South American countries.
Despite geopolitical pressures toward harmonization, Latin American countries enjoy a long history of legal innovation. Yet these local legal differences – when considered at all – mostly figure as diagnoses of legal underdevelopment. In addition to making heterodox laws and legal institutions better known in the legal literature, the structural bias against their recognition must be frontally addressed. This chapter contributes to that work by challenging one of the main elements of this hierarchical arrangement: specifically, legal informality as a marker of underdevelopment. The chapter first examines the notion of legal heterodoxy itself and introduces the theory of heterodox legal informality as Latin America’s pre-eminent contribution to modern law. In a number of legal domains in Latin America, the locus of informality is – or has been –simply different from where global hegemonic models prescribe. It then examines two instances of heterodoxy in private law in Latin America: (i) its previous model of selective secured lending, which has been largely replaced by the liberalizing approach to secured transactions modeled after the US Uniform Commercial Code; and (ii) the innovative property law regime within the context of private law transitional justice in Colombia.
In South America, investment chapters have been used by some governments, notably in Chile, Colombia and Peru, to replace outdated bilateral investment treaties and extend countries’ investment protection commitments. In other countries, such as Brazil, investment chapters are a means to rethink the governance of foreign investment altogether. This chapter traces the evolution of South America’s PTA investment chapters from 2001 to 2022, focusing on the types of reforms adopted and the domestic factors that shape the reforms governments are willing to accept. It finds that PTA investment chapters exhibit an increasing diversity of reforms over time, although the vast majority of agreements are designed to maintain traditional investment protection standards. This variation is partly driven by the legitimacy crisis of international investment law. Arguably, this crisis has created more political space for South American preferences in investment treaty lawmaking. However, who dominates reform debates is just as important for countries’ reform preferences as their experience with investor-state arbitration. Regardless of reform preferences, the main outcome of PTA investment chapters has been further fragmentation in an already complex and incomplete area of international economic law. This fragmentation, if allowed to continue, may exacerbate the very challenges that governments are seeking to address through their reform efforts in order to promote sustainable and inclusive development.
Approximately three million Venezuelan migrants (VMs) currently reside in Colombia. Many are in need of mental health services but face significant difficulties accessing services. To improve service access and engagement, we culturally adapted and pilot tested an evidence-based mental health intervention integrated within entrepreneurship training in a community setting for VM youth in Colombia. Using participatory research and qualitative methods approaches, we explored the program’s acceptability, appropriateness and feasibility. We recruited and enrolled 67 VM youth (aged 18–30) living in Bogotá, Colombia, who participated in piloting the intervention. We conducted semi-structured interviews with a subset of these participants (n = 16) at post-intervention to explore the intervention’s acceptability, appropriateness and feasibility. Two bilingual research assistants analyzed qualitative data using thematic network analysis. Findings suggested that VM youth viewed the integrated intervention as acceptable and appropriate, noting that it was helpful to have a “safe space” to discuss difficult emotions. They also noted challenges to engaging in the intervention, including transportation time and balancing other life responsibilities with intervention participation. Findings point to the importance of engaging community member participants in the adaptation and testing process of mental health interventions to increase intervention fit with the target population.
To determine the minimum cost and affordability of three levels of diet quality in urban households in Cali, Colombia: a caloric-adequate diet, a nutrient-adequate diet, and a recommended diet.
Design
Least-cost diets were estimated for different demographic groups. The Cost of Caloric Adequacy (CoCA) and the Cost of Nutrient Adequacy (CoNA) were computed using linear programming models. The Cost of Recommended Diet (CoRD) adheres to Colombia’s Food-Based Dietary Guidelines. Individualized costs were aggregated for a representative household, and affordability was assessed by comparing these costs with household food expenditures. Data sources included the National Administrative Department of Statistics, the Ministry of Health and Social Protection, and the Colombia Institute of Family Welfare.
Setting
Cali, Colombia
Participants
The per capita income and food expenditures of 885 urban households in Cali, taken from Colombia’s Great Integrated Household Survey.
Results
The CoNA per 1,000 kcal indicates that women require more nutrient-dense diets than men. Limiting nutrients include vitamin C, vitamin A, vitamin B12, and calcium. Three food groups ―(1) meat, eggs, legumes, nuts, and seeds; (2) milk and dairy products; and (3) vegetables and fruits― account for about 70% of the CoRD. The affordability analysis shows that 42.66% of households in the 10th income percentile cannot afford the CoCA, none below the 20th percentile can afford the CoNA, and only those above the 40th percentile can afford the CoRD.
Conclusions:
Urban households face significant barriers not only to affording diets that promote long-term health, but also to those that meet nutritional requirements.
This and the following chapter look at how infusing corruption into areas of human-rights related practice could make a difference. Here I consider transitions from dictatorship or internal armed conflict, and in particular how transitional justice has dealt with corruption. I focus on 3 emblematic transitions from different recent time periods: South Africa, Tunisia and Colombia, and add in some lessons from prior discussion of Guatemala. I find that failure to vet and control military intelligence officers, economic privatization and decentralization, and lack of attention to judicial selection and to auditing, tax and other controls contribute to the emergence of powerful alliances of corrupt officials, organized crime and predatory elites.
This chapter considers access to courts for victims of grand corruption, especially in Latin America. It explains the origins and meaning of victim compensation in the UNCAC, how “victim” is defined in human rights law, and uses the Honduran Gualcarque River case to introduce how courts are beginning to apply concepts from human rights law to cases involving victims of grand corruption. It divides these cases into “direct harm” suffered by individual or group victims, and cases involving broad or diffuse harm where victims as a class are represented by civil society organizations. It looks briefly at which civil society organizations should be able to represent victims in proceedings.
In its Macro Case 01, the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) studied massive detentions committed by the Revolutionary Armed Forces of Colombia – People's Army (Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo, FARC-EP) to determine if they should be remanded to amnesty proceedings or tried as international crimes. This included the question of detention of civilians and persons hors de combat for an eventual “humanitarian exchange” with imprisoned guerrilla fighters. The JEP concluded that this was in fact the crime of hostage-taking, because the sole reason for the detention was to force a “prisoner exchange”, and conditions of detention were so harrowing that persistent detention amounted to a threat to the life and physical security of the hostages. While the JEP did not refer to conditions of lawful detention, the ruling does suggest circumstances of lawful detention by non-State armed groups and limits to their authority to detain.
Andean Condor Vultur gryphus populations are particularly low in the northern Andes. The species is considered nearly eradicated from Venezuela and listed as “Endangered” in Ecuador and “Critically Endangered” in Colombia. Even though it is severely endangered, the size of the Colombian condor population remains unknown. Using a citizen science-based approach, we conducted the first Andean Condor count for Colombia with the help of 207 observers at 84 simultaneous observation points. We used N-mixture models for spatially replicated counts to estimate the condor population. The total number of condors recorded simultaneously was 63 individuals, and we estimated a population size of 175–269 individuals using a maximum likelihood approach and 165–222 and 172–229 for the two best models using the Bayesian approach. Adults were observed more frequently than juveniles (1:0.43), a common pattern among raptors related to the higher mortality rates of immature birds, which is a prominent conservation concern due to the status of the species and the threats it currently faces throughout the northern Andes. Our citizen science-based study made it possible to gather, for the first time in Colombia, consolidated information on the status of the Andean Condor population using a standardised methodology to provide a reference for future counts and conservation actions, both at the national level and throughout the geographical range of the species.
This article analyzes the main investigative and legal challenges addressed by the Acknowledgment Chamber of the Colombian Special Jurisdiction for Peace (SJP) in Case 07 on recruitment and use of children in the armed conflict. First, it presents a general background on the mandate of the SJP as a special system of justice – the outcome of the 2016 Final Peace Agreement reached between the Colombian government and the former FARC-EP guerrilla group. Second, it outlines how the investigative methodology used in Case 07 addressed challenges related to understanding child recruitment as a complex criminal phenomenon, the identification of those bearing the greatest responsibility, and the approach to the broad scale and scope of the victimization. Finally, the article addresses the main challenges faced by the Chamber in the legal qualification of the criminal patterns identified, and how it resolved three key issues: the determination of the age threshold under which child recruitment constitutes a war crime, the definitions of the international humanitarian law status of protections of individuals within an armed group, and the classification of different forms of gender-based violence as war crimes.
This article analyses Colombian South–South security cooperation. Drawing upon empirical research findings and by focusing on Colombian security engagements with other Latin American countries in the realm of military transformation, we identify the role of epistemological constructs as key drivers of Colombian South–South security cooperation. We demonstrate that Colombian policy and security actors intentionally created comparability between their own country and its security challenges, and the conditions existing in other countries of the region. This portrayal of idiosyncratic (in)security features as shared attributes across otherwise-different country contexts enables the transfer of security models rooted in Colombia’s expertise and experience. We show how such security-driven homologisation efforts enabled Colombian security practitioners to navigate international hierarchies, particularly unequal US–Colombian relations in their favour, allowing them to secure continued US support and position Colombian security expertise as a blueprint for addressing contemporary security challenges across the region and beyond.
This chapter examines freedom of thought in Colombia. No Constitution of Colombia has stipulated the right to freedom of thought since the country’s independence. However, its existence is currently undisputed in the Colombian legal system due to the Constitutional Court jurisprudence. Since 1997, the Court has defined this freedom as a stand-alone forum internum right and has delineated its content and attributes. However, case-law references to this right have been mainly rhetorical for at least three reasons. First, scepticism about its practical utility given that thoughts have been considered impossible to access. Second, cases related to the right to freedom of thought usually involve interests that also fall under the protective remit of other rights, which are directly stipulated by the Constitution. Third, the Court’s characterization of the relation and differences between the right to freedom of thought and other rights (i.e., freedom of expression and freedom of conscience) is inconsistent, complex, as well as conceptually and practically unclear. We do think it is necessary for the Colombian legal system to make advancements on the conceptual and normative independence of freedom of thought to reinforce the protection of the forum internum.
Businesses have traditionally been seen as reluctant participants in equality policy initiatives. However, emerging governance guidelines increasingly advocate for gender mainstreaming, encouraging active business engagement. Our research examines this potential transformation, focusing on the role of businesses adopting Corporate Social Responsibility (CSR) practices compared to traditional equality policy actors – governments, equality organizations, and academia – within the Colombian context. Using a collaborative governance framework and participatory decision-making techniques, we identify potential role shifts toward proactivity and specific contributions from each actor group. Our findings highlight discordant mutual expectations, or “role mismatch”, and divergent perceptions within the business sector, which may undermine traditional actors. These insights emphasize the risks inherent in business participation in equality policy. By delineating contributions and clarifying self-perceptions and mutual expectations, we offer a practical approach to designing participatory processes that foster mutual recognition, trust, and shared responsibility as foundations for advancing equality policies.
In Colombia, there has been very little discussion about the epidemiological transition in the 20th century, therefore, there are few empirical studies, and this mainly focus on the second half of the 20th century, and on the factors associated with improvements in mortality indicators. In this paper, we define three stages of the epidemiological transition in the country during the period 1918–1998, with special emphasis on changes in mortality rates, causes of death and the contribution of different age groups. Likewise, a co-integration analysis is carried out to model the long-term relationship between the mortality rate and the variables of nutrition, public health, education and economic growth. Finally, we show the results of the structural change tests of the mortality rates for pneumonia and tuberculosis to examine the impact of the arrival of sulphonamides and penicillin in Colombia.
This paper examines the effects of state capacity on the reported Covid-19 infection (and mortality) rate and its policy implications. We analyse two dimensions of state capacity which were critical during the pandemic. The healthcare capacity acted to contain the virus outbreak (an effect we call containment). The information capacity acted to detect contagious yet asymptomatic cases (an effect we call detection). We argue that containment pushes down the reported infection rate. In contrast, detection pushes it up, thus generating a non-linear combined effect that we estimate systematically using Colombian municipality-level as well as country-level data, different data sources, and various empirical strategies. Our findings indicate that the infection (and mortality) rates were likely under-reported, especially in areas with a low state capacity level, due to their poor capabilities to detect the virus. Our study put the emphasis on the many facets of state capacity, each affecting in complex ways our understanding of important phenomena, such as the Covid-19 outbreak.
Esta investigación plantea que el espacio urbano contribuye a la caracterización de movimientos sociales urbanos. Para ello, hace un análisis espacial cartográfico del Paro Nacional de 2021 en Bogotá y Cali (Colombia), el cual se realizó a partir de un mapeo de los lugares y tipos de protesta mediante revisión de prensa y redes sociales. Se encontraron patrones que permiten evidenciar estrategias de ocupación espacial de la protesta, así como una dispersión que caracteriza la agencia ciudadana. También se evidenció cómo la pobreza determina la selección de lugares por proximidad y visibilidad, mas no intersección, y que los sistemas de transporte guían la dispersión en función de su significado como materialidad del Estado. Finalmente, se identificó cómo tensiones sobre los bordes territoriales consolidan desplazamiento de las acciones del interior de los barrios o a los límites, lo que apoya procesos de territorialización que identifican a los movimientos sociales urbanos emergentes.