Colombia: Police Reform and Congressional Concerns

Colombia: Police Reform and Congressional Concerns

July 29, 2022
Colombia: Police Reform and Congressional Concerns
In July 2021, Colombian President Iván Duque announced
Globally, many rights groups and governments condemned
reforms to the Colombian National Police (CNP). This
ESMAD; domestically, public approval of the Colombian
announcement followed public and international demands
anti-riot police declined. In response to the criticism, in July
for reform after the Colombian government’s crackdown on
2021, President Duque announced a package of reforms, the
widespread protests between April and June 2021. A
Integral Transformation of the National Police (Integral
landmark presidential election in June 2022 is to bring to
Reform), to professionalize the CNP and increase its public
power the country’s first leftist president, who may seek
accountability.
significant changes to the police reform program. Some
CNP Background and Reform Efforts
Members of the U.S. Congress remain closely engaged with
overseeing long-standing U.S. efforts to support the CNP
The CNP is a centralized institution. The general director of
with assistance programs, training, and equipment.
the police leads the institution and is appointed by the
president. Although the CNP and its personnel are civilian
2021 Protests and Aftermath
in nature, the institution is situated under the authority of
Colombia’s
Protests that began in early 2021 initially focused on a
defense ministry and is structured to resemble a
government-proposed tax reform but later expanded to
military institution. Despite their civilian status, Colombian
include opposition to rising inequality and corruption,
police are not allowed the right to vote, as is the case for
among other issues. According to a 2022 report by the
military personnel. The CNP is divided into eight
Office of the United Nations High Commissioner for
geographical regions, which comprise metropolitan and
Human Rights (OHCHR; see excerpt below), 46 people
departmental areas. It has eight advisory offices and is
were killed (44 civilians and 2 police officers) and
further organized into seven functional directorates, as well
thousands were injured during the protests. The United
as divisions for human capital and resource management.
Nations attributed 28 killings to Colombia’s police and 10
To date, the Duque government has enacted two laws to
of those to Colombia’s anti-riot police, the Escuadron
realize the Integral Reform. The first, the Career and
Móvil Antidisturbios, or ESMAD.
Professionalization Statute (Law 2179 of December 30,
The CNP’s response to the mostly nonviolent national
2021), seeks to professionalize the institution and creates a
protests damaged the CNP’s image and called into question
new ranking, the patrulleros (patrols). This ranking
police capacity to manage civilian protest. Past unresolved
provides further opportunities for police to advance their
allegations of police brutality, coupled with the CNP’s
careers based on good performance and time in service. The
handling of the 2021 protests, heightened public demands
second law, the Police Disciplinary Statute (Law 2196 of
to investigate and end police abuse. In August 2021, some
January 18, 2022), outlines disciplinary measures for police
who violate citizens’ rights
63% of Colombians polled viewed the CNP negatively, a
guaranteed in the Colombian
10% jump from the year before.
Constitution, as well as those outlined in international
human rights accords to which Colombia is party. It also
calls for the inspector general (IG) of the police to present a
The National Strike that began on 28 April was a
report on the management of disciplinary issues to the
mostly peaceful civic mobilization, with unprecedented
Colombian Congress each year.
participation by young people, which sought to make
Further changes include the creation of a new office to
an impact on inequality and economic, social and
enforce human rights protections. In July 2021, President
political exclusion.... OHCHR welcomes the creation
Duque appointed retired police officer Colonel Luis
of the human rights directorate of the National Police
Alfonso Novoa Díaz to head the new office. Novoa is a
in August. It also encourages the State to promote a
human rights lawyer and former adviser to the U.S. State
broad national debate on the reforms to be made
Department and the United Nations, and his appointment
within the police, including its internal oversight and
drew praise from the U.N. High Commissioner for Human
accountability mechanisms. It also believes it is
Rights in Colombia. Novoa supports further human rights
important to adopt legislative initiatives for the
training as a mandatory requirement for police
profound transformation of the National Police’s
advancement.
mobile anti-riot squad, including a review of its
protocols on the use of force and less lethal weapons
The reform agenda also seeks to bring the police closer to
and ammunition, so that they comply with
the public through citizen engagement. New programs such
international norms and standards.
as Soy joven y estoy contigo (“I’m Young and I’m with

You”) seek to facilitate interaction between youth and the
– OHCHR, Situation of Human Rights in Colombia,
police. The creation of a new human rights institute also
March 2022.
aims to serve this goal, providing a way for academics and
civil society to promote human rights and citizen security.
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Colombia: Police Reform and Congressional Concerns
The CNP has created new uniforms that display the names
and governors have authority over CNP forces operating in
and ranks of service members and a prominently placed QR
cities and departments (similar to states) that they represent,
code to facilitate filing complaints of wrongdoing. The
some experts contend this authority is not always
uniforms have body cameras and are designed to emphasize
recognized.
the CNP’s civilian identity. The CNP also is seeking to
The planned reforms advanced by the Duque government
incorporate more women and ethnic minorities into the
apply to ESMAD, including the use of body cameras and
force through scholarships for policing academies to lower
increased human rights training. As a member of the
barriers to entry. As of early 2022, 5.5% of uniformed
opposition in the Colombian Congress, President-elect
police were ethnic minorities and 12% were female,
Petro, among others, called for dissolution of the anti-riot
according to CNP data.
unit, but he has more recently announced that he would
Civil society organizations have called for deeper police
instead reform ESMAD to focus on conflict resolution.
reforms, and some criticize President Duque’s program as
The durability of the Duque police reform initiatives under
purely cosmetic. One of their major criticisms is that the
incoming President Petro is unclear. President-elect Petro
CNP remains under the defense ministry’s authority,
said he will make fundamental changes, including moving
although the ministry’s name was modified under the
the police from the defense ministry to a new ministry. He
reform measures to the Ministry of National Defense and
also said his government would seek an overall reduction in
Citizen Security to amplify its role in public security.
funding for Colombia’s security forces.
According to some observers, this placement continues to
orient the CNP toward national security rather than public
U.S. Assistance and Congress
service, increasing the likelihood of abuses and excessive
use of force. After its working visit to Colombia during the
Several Members of Congress have expressed concern
2021 protests, the Inter-American Commission on Human
regarding alleged human rights abuses committed by the
Rights (IACHR) recommended shifting the police away
Colombian police and have recommended guidelines to
from the Defense Ministry. The Duque government rejected
more effectively provide oversight for significant U.S.
this recommendation, maintaining that the police are
funding allocated to the forces. ESMAD in particular has
constitutionally designated to be civilian in character. Other
been a source of concern for some Members of Congress.
critics argue that this shift would impede coordination
Congress may continue its oversight of CNP reform under
between the police and the armed forces facilitated by
the Petro administration, and it may consider in particular
colocation within a single ministry.
how U.S. assistance and training should be allocated in
light of possible changes.
Impact of the 2022 National Elections
U.S. foreign assistance to the CNP is provided through the
The Duque Administration’s term ends in August 2022.
State Department, the U.S. Agency for International
President-elect Gustavo Petro, who won a tight runoff race
Development, and the Department of Defense. In the
on June 19, 2022, is to be Colombia’s first leftist president.
FY2022 Consolidated Appropriations Act (P.L. 117-103),
He is a former member of a guerrilla group, long-term
Congress applied a human rights condition on assistance to
opposition politician, and Senator, who calls for profound
the CNP for the first time. This provision states that 5% of
reforms to Colombia’s security strategy and police. As of
International Narcotics Control and Law Enforcement
late July 2022, Petro has assembled a cross-party working
(INCLE) funding for the CNP is to be withheld until the
majority coalition in both chambers of the Colombian
Secretary of State certifies that Colombia is working to
Congress. The coalition’s durability is uncertain, and its
bring to justice the police personnel “who ordered, directed,
potential fragility may influence the future of police reform.
and used excessive force and engaged in other illegal acts
Some aspects of President-elect Petro’s approach to
against peaceful protesters in 2021.”
security may come under legislative and public scrutiny.
The FY2023 Biden Administration budget request includes
During his campaign, Petro embraced proposals to further
$175 million in INCLE funding, within a total request of
police oversight, including one that police accused of
$453 million for foreign assistance to Colombia. According
abuses against civilians should be tried only under the
to the State Department, a significant portion of the funding
civilian justice system and not within military courts. Police
would support programming for the CNP to expand police
officials maintain that most cases of alleged abuse against
oversight and capacity, increase rural police presence, and
civilians are heard by the ordinary justice system under the
continue funding for anti-crime and counternarcotics
Colombian attorney general. However, several ongoing
efforts. The FY2023 House committee-reported foreign
high-profile human rights cases have been prosecuted in the
assistance bill, H.R. 8282, would allocate $487.4 million to
military justice system. For years, organizations such as the
Colombia. It would impose a similar human rights
U.S.-based Human Rights Watch have criticized this
condition as the FY2022 measure, withholding 30% of both
practice, alleging that human rights cases heard in the
Foreign Military Financing (FMF) and INCLE funding.
military system rarely result in convictions.
For additional background, see CRS Report R43813,
Under the current system, the IG of the CNP is responsible
Colombia: Background and U.S. Relations, and CRS
for taking disciplinary action when the police commit
Insight IN11955, Colombia: Presidential Elections in 2022.
wrongdoings. The office of the IG exists within the CNP’s
Rachel L. Martin, Research Assistant
line of command rather than as an independent body, and
some experts argue that this may generate conflicts of
June S. Beittel, Analyst in Latin American Affairs
interest that limit the IG’s incentives to punish abuses. Civil
IF12181
oversight of the police has been limited. Although mayors
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Colombia: Police Reform and Congressional Concerns

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