NGK Cultural Bridge Fellowship 2006

I thought I would use this entry to discuss a little about my project and some of the issues I am grappling with. 

As I have mentioned previously, the main purpose of the JPL is to govern the demobilization of both paramilitary and guerrilla groups. Although the paramilitaries are actively discussing giving up their arms and receiving certain benefits in return, the guerrilla groups have not expressed any interest in being involved.  

In addition to the provisions relating to demobilization, the JPL states that victims have the right to reparation (consisting of compensation, restitution, rehabilitation, guarantees of no repetition and satisfaction). A victim is defined as a person who individually or collectively suffers direct harm as a consequence of criminal actions by illegal armed groups. The harm can include temporary or permanent injuries, physical, psychological or sensory disabilities, emotional suffering, financial loss, or infringements of fundamental rights. 

The Constitutional Court has also made preliminary comments on the law, further broadening the definition of victim to include family members of the immediate subject of a criminal act. 

To estimate the potential value of this liability, I have started to categorize all possible victims and the different types of direct harm they might suffer. For example, there are estimated to be 2,459,613 displaced persons in Colombia, usually rural landholders who have been forced to leave their land by paramilitaries or guerrillas and head to urban slums. Such people could suffer a range of harm including property loss, physical or psychological injuries, loss of future income, costs associated with transferring to a new location, and loss of cultural activities or traditions, etc. 

It is difficult to start to estimate the cost of repairing victims under the JPL, however, because each person I speak to has a very different interpretation of the meaning of the reparation provisions, not to mention how the JPL will be implemented in practice. Some people argue that the right to reparation will only apply if the paramilitaries responsible for harm to a victim choose to demobilize. Further, the head of the National Commission of Reparation and Reconciliation has cast doubt on whether displaced persons are in fact victims (?). I also need to give further thought as to which categories of loss or harm are ‘direct’.  

At the moment I am thinking that I will estimate the cost of the Government’s obligation in its broadest form, and not try to guess what resource constraints or limitations will apply in the future. I would like to make the final estimate user-friendly in the sense that if any constraints or limitations are found to apply, it will be easy to adjust the final estimation for such developments, i.e. subtract the amount attributable displaced persons if the JPL is not found to apply to them. 

Looking at how these broad legal obligations could fit with the economic and political constraints might make an interesting SYPA/thesis this coming year.

Any thoughts or suggestions on anything above will always be welcome!

On to other things, I got quite a shock when I heard that Senator Pardo was one of three senators who was sent a letter bomb last week (see http://eltiempo.terra.com.co/judi/2006-06-17/ARTICULO-WEB-_NOTA_INTERIOR-2954830.html). Apparently the letter got delivered to a different Rafael Pardo by mistake. It does not pay to have the same name as someone important in this country.

Finally, it has been great to be in South America during the World Cup. Although Colombia did not qualify, people are still going nuts. We have a tv in the office which has been going almost non-stop and no senators showed up to what was meant to be a full meeting of the Senate until one of Brazil’s group games had finished. Unfortunately Australia was put out by the Italians this morning (by a terrible refereeing decision)!

Until next week.        

This entry gives a brief description of where I am living and with whom.

Five years ago I was lucky to stop and chat to a Colombian photographer while on top of a mountain in Peru. Although Jairo was returning to live in California, he gave me his family’s phone number in case I passed through Colombia.

I ended up spending nearly two months in Colombia, and all but the first night staying with Jairo’s family, traveling with his younger brother, Julian, and visiting other places recommended by them.

Julian picked me up from the airport a week ago and it was great to see everyone again. We then headed out the next day for a Colombian barbeque in the mountains overlooking Bogotá which was great fun. People often say that Bogotá is not a very beautiful city but I think there are parts, such as among these mountains and the colonial parts of the city, which are quite pretty.

The home of Jairo Snr, Myriam, Julian, Natalia and 7 very spoilt cats was always pretty busy but this year it has an additional member, 15 month old Maria Sue.

In addition to catching up with such good friends, it has been fantastic to share thoughts with Julian who now works for the Office of the President on a program against illicit cultures. In particular, he is responsible for alternative development initiatives (‘alternative’ to drug trafficking and extortion?!), including the monitoring and evaluation of projects. He tells some amazing stories of traveling all across the country, of negotiating with the paramilitaries, and of being shot at while flying by helicopter to various sites – apparently it is more effective to sit on top of your bullet proof vest than to wear it across one’s chest!

The house is, however, on 127th street (and my work is on 8th street) which means traveling for over an hour to and from work each day on public transport. As it turns out, Julian was thinking of moving so the two of us are going to rent an apartment around 60th street from this weekend. The trip to and from work has not been too bad but it will be good to have an extra half an hour or so at the end of each day.

Regarding the public transport system, I was surprised on my first day of traveling to work when an attractive Colombian girl offered to hold my satchel, but I put it down to me being a pretty irresistible bloke! This rather biased version of events was shattered the next day when another person offered to hold my satchel and I quickly realized that passengers with seats tend to hold onto the belongings of passengers who are standing. It is a really nice gesture that I suspect would never happen in Australia or in the US.

I also had an old man come up to me the other day and ask me for directions! Either I am doing a reasonable job at fitting in or the poor bloke’s eyesight was not too good. As it turned out, his question related to my bus stop so I was actually able to answer him correctly.

Finally, I put my name into the ballot for the NY marathon before I left the US so I am keen to arrive back much fitter than when I left. Unfortunately, the only park I have managed to find so far is not much bigger than a largish house block and which seems to have been claimed by a pack of dogs. I have, however, been getting up early and doing numerous laps until I get dizzy! Bogotá is also quite high at over 2600 meters above sea level which makes running difficult. Either that or I am even more unfit than I first thought.

Enough for today. I hope to give more details about my particular project and the people I will be working with in the next entry.