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July 29, 2022

Colombia: Police Reform and Congressional Concerns

In July 2021, Colombian President Ivan Duque announced
reforms to the Colombian National Police (CNP). This
announcement followed public and international demands
for reform after the Colombian government's crackdown on
widespread protests between April and June 2021. A
landmark presidential election in June 2022 is to bring to
power the country's first leftist president, who may seek
significant changes to the police reform program. Some
Members of the U.S. Congress remain closely engaged with
overseeing long-standing U.S. efforts to support the CNP
with assistance programs, training, and equipment.
2021 Protests and Aftermath
Protests that began in early 2021 initially focused on a
government-proposed tax reform but later expanded to
include opposition to rising inequality and corruption,
among other issues. According to a 2022 report by the
Office of the United Nations High Commissioner for
Human Rights (OHCHR; see excerpt below), 46 people
were killed (44 civilians and 2 police officers) and
thousands were injured during the protests. The United
Nations attributed 28 killings to Colombia's police and 10
of those to Colombia's anti-riot police, the Escuadron
Mdvil Antidisturbios, or ESMAD.
The CNP's response to the mostly nonviolent national
protests damaged the CNP's image and called into question
police capacity to manage civilian protest. Past unresolved
allegations of police brutality, coupled with the CNP's
handling of the 2021 protests, heightened public demands
to investigate and end police abuse. In August 2021, some
63% of Colombians polled viewed the CNP negatively, a
10% jump from the year before.
The National Strike that began on 28 April was a
mostly peaceful civic mobilization, with unprecedented
participation by young people, which sought to make
an impact on inequality and economic, social and
political exclusion.... OHCHR welcomes the creation
of the human rights directorate of the National Police
in August. It also encourages the State to promote a
broad national debate on the reforms to be made
within the police, including its internal oversight and
accountability mechanisms. It also believes it is
important to adopt legislative initiatives for the
profound transformation of the National Police's
mobile anti-riot squad, including a review of its
protocols on the use of force and less lethal weapons
and ammunition, so that they comply with
international norms and standards.
- U.N. OHCHR, Situation of Human Rights in Colombia: Report
of the United Nations High Commissioner for Human Rights,
A/HRC/49/19. March 2022.

Globally, many rights groups and governments condemned
ESMAD; domestically, public approval of the Colombian
anti-riot police declined. In response to the criticism, in July
2021, President Duque announced a package of reforms, the
Integral Transformation of the National Police (Integral
Reform), to professionalize the CNP and increase its public
accountability.
CNP Background and Reform Efforts
The CNP is a centralized institution. The general director of
the police leads the institution and is appointed by the
president. Although the CNP and its personnel are civilian
in nature, the institution is situated under the authority of
Colombia's defense ministry and is structured to resemble a
military institution. Despite their civilian status, Colombian
police are not allowed the right to vote, as is the case for
military personnel. The CNP is divided into eight
geographical regions, which comprise metropolitan and
departmental areas. It has eight advisory offices and is
further organized into seven functional directorates, as well
as divisions for human capital and resource management.
To date, the Duque government has enacted two laws to
realize the Integral Reform. The first, the Career and
Professionalization Statute (Law 2179 of December 30,
2021), seeks to professionalize the institution and creates a
new ranking, the patrulleros (patrols). This ranking
provides further opportunities for police to advance their
careers based on good performance and time in service. The
second law, the Police Disciplinary Statute (Law 2196 of
January 18, 2022), outlines disciplinary measures for police
who violate citizens' rights guaranteed in the Colombian
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
report on the management of disciplinary issues to the
Colombian Congress each year.
Further changes include the creation of a new office to
enforce human rights protections. In July 2021, President
Duque appointed retired police officer Colonel Luis
Alfonso Novoa Diaz to head the new office. Novoa is a
human rights lawyer and former adviser to the U.S. State
Department and the United Nations, and his appointment
drew praise from the U.N. High Commissioner for Human
Rights in Colombia. Novoa supports further human rights
training as a mandatory requirement for police
advancement.
The reform agenda also seeks to bring the police closer to
the public through citizen engagement. New programs such
as Soy joven y estoy contigo (I'm Young and I'm with
You) seek to facilitate interaction between youth and the
police. The creation of a new human rights institute also
aims to serve this goal, providing a way for academics and
civil society to promote human rights and citizen security.

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