There are good guys and bad guys

I’ve run in to both the defensoría (Public Defender who collects human rights complaints) and the fiscal (Public prosecutor who processes legal complaints) from Rio Viejo on a number of occasions now. They both seemed pretty friendly, and I hadn’t formed much of an opinion on either of them.

I made an appointment to talk to the defensoría about the complaints he’d received about palm companies.

He started with an analysis of the problem of palm, which included the fact that the wealth is not owned by the community. When corn is grown, those harvesting it get paid in kind in addition to their wage. After a corn harvest, the leftovers are available to whoever wants to go collect them. Birds eat corn and form part of the ecosystem.

Nothing eats palm. It does not contribute to region’s biodiversity. Workers are paid the same ‘going rate’ (12 -15 000 pesos), but without a bag of corn cobs or whatever food stuff they were harvesting, they are significantly poorer.

Because for the first two to four years no seeds are produced, and full production does not start for another five years after that, oil palm is only a business for those with significant capital to invest.
Wealth and the power that goes with it, are further concentrated in the hands of the few. Who don’t always use it fairly. Most of the palm companies do not make the social security payments they are meant to, making their employees vulnerable. One company which often pays late, points its workers to the loanshark at the gate on pay day. He charges 10% interest, and is suspected of being mates with the management, and of using the same money the workers should have got directly.

Sharing his analysis it was already clear the defensoría was a good ‘un.

Then he told me about a particular case of a farmer whose land is completely surrounded by palm company land. They had blocked his rights of way to his land with ditches and fences. They unilaterally cut down the trees dividing the land (which would normally happen only by mutual agreement), which fell onto and damaged the farmer’s fence. His cows got out, and some were killed while others received machete wounds.

He made a complaint to the defensoría. A counter-complaint was made, concerning the fact that he had opened up the fence that was blocking his right of way (see photo).


The fiscal, whose office is next door to the defensoría, is apparently not one of the good guys. He is prosecuting the farmer for damage to the fence, but not the palm company for any of its infractions. “This is how Colombian justice works” the defensoría tells me. Bribes being a staple of the criminal justice system, and palm companies being in a far better position to afford them.

It struck me how enormously frustrating being one of the good guys must be. He spends his time receiving complaints about injustices, but has no power to get them processed. His neighbour the fiscal came in while we were talking, was all friendly and jovial with the defensoría, who gritted his teeth and was friendly enough back. All the times I’d seen such friendliness between them before, I had no idea what lay beneath it.