Colombian President Gustavo Petro Raises Spectre of Expropriation In Response to Catatumbo Crisis

In response to escalating violence in Colombia’s Catatumbo region near the Venezuelan border, Colombian President Gustavo Petro has declared a state of internal commotion (state of emergency), enabling the government to issue decrees aimed at addressing the crisis, while bypassing the legislature. The initial decrees focus on agricultural support and include provisions for expedited expropriation of properties, a measure that has sparked significant debate.

Fighting primarily between leftist guerilla groups ELN and FARC Dissidents in the Catatumbo region of Norte de Santander, a Colombian political department in the country’s northeast, has displaced an estimated 50,000 civilians fleeing the area, creating a domestic refugee crisis, and making a mockery of Petro’s campaign promise of “Total Peace” that the president would achieve by negotiating with the rebel groups.

Catatumbo is an important agricultural region producing palm oil, onions, tomatoes, cucumbers and beans, along with cattle and other produce.

The government has issued three decrees under the state of internal commotion, primarily targeting agricultural assistance in the affected areas. One of the decrees permits expropriation by administrative means to facilitate the return and stabilization of individuals displaced by the conflict, as well as the reintegration of former combatants. This approach is intended to expedite processes that are typically prolonged under normal legal frameworks.

The inclusion of expedited expropriation has elicited criticism from various political figures. Representative Katherine Miranda expressed concerns that the government is bypassing legislative procedures to implement expropriation measures, potentially infringing on property rights and due process. She emphasized that this could undermine judicial oversight and leave citizens without adequate legal recourse.

Senator Paloma Valencia told newspaper La República that “One cannot declare internal commotion for situations that were predictable and avoidable. We alerted the government about what was happening, the growth in guerillas, in his first year and a half.”

Former Colombian Finance Minister José Manuel Restrepo also added that “these measures worry the country because they reactivate a conversation that the Congress already took and rejected, which was the possibility of express appropriation in the agriculture sector. This is a complete error.”

In contrast, Senator Iván Cepeda defended the decrees, asserting that they are necessary to address the humanitarian crisis in Catatumbo. He argued that the measures are justified to ensure the safety and well-being of the affected populations.

According to Article 213 of Colombia’s Constitution, the president can declare a state of internal commotion in cases of severe disruption to public order that threaten institutional stability, state security, or citizen coexistence, and when such issues cannot be addressed through ordinary authorities. This declaration grants the government temporary powers to issue decrees aimed at restoring order, which may include measures like expropriation.

The crisis, in the third year of Petro’s presidency, appears to show his “Total Peace” initiative has failed, as the rebel groups are stronger and more active than any time in the past decade. Furthermore, to calm fears from the business and investment communities in Colombia, Petro, a former leftist guerilla himself, promised that there would be no forced expropriation during his presidential term.

The government’s decrees aim to provide immediate relief and support to the affected communities, but the inclusion of expedited expropriation measures has raised concerns about potential overreach and the protection of property rights. As the situation develops, the balance between effective crisis management and adherence to constitutional safeguards remains a focal point of public discourse.