Critics Question Colombia's New National Security Laws

 
Colombian President Andrés Pastrana recently approved new laws governing national security and defense. The purpose of the legislation is both to better organize national security systems and make them more transparent and democratic. Main provisions include: defining the precise functions of entities at the national, state and municipal levels to coordinate and improve national security and defense; having the Executive Judiciary Council follow up on cases related to national security and report twice yearly to Congress and the government; strengthening civilian control of the military by putting the Ministry of Defense in charge of the armed forces; creating a strategic intelligence council to support the Ministry of Defense's administration, development and planning of defense and security policies; and requiring the government to divulge its national security and defense objectives, as well as plans and strategies to meet them.

The legislation has already met with criticism from groups such as Amnesty International, which argues that it will increase impunity for human rights violations. Supporters counter that the current situation in Colombia calls for laws that protect the security of the state and its citizens. The media have labeled the legislation as "anti-terrorism or wartime laws" in reference to the special powers it grants the military. Under the new law, the Attorney General's office can assign judicial police powers to members of the armed forces in certain cases, including the authority to search individuals and places. Many observers fear that this could lead to a broadening of military powers beyond accepted limits.

According to Colombia's vice president and acting defense minister, Gustavo Bell, "it is a leap to think that these powers will provoke or legalize abuses by the armed forces. In the first place," he argues, "because all of the institutional and legal controls on the actions of the armed forces were respected under the law and continue in force. Also, because a culture of respect for human rights prevails among the members of the armed forces in Colombia. The vast majority of Colombians single out the military and the national police as the institutions with the most trust and credibility."

Bell defended the new law and pointed out its importance in at least four areas: the institutionalization of a national security and defense system; strengthening civilian authority; more organized security and defense planning; and the introduction of new operational procedures.

The legislation brings an important element of standardization to Colombia's national security and defense policy. If used effectively, it has the potential to curb excesses in the system and help clarify the government's performance in this area. The end result is to strengthen the institutionality of Colombia's national security and defense systems.