US embassy cable - 04BOGOTA13000

UNCLAS BOGOTA 013000 
 
SIPDIS 
 
SENSITIVE 
 
CA/OCS/CI FOR MICHELLE BERNIER-TOTH AND ALESSANDRO NARDI 
 
E.O. 12958: N/A 
TAGS: CASC, KOCI, CO 
SUBJECT: HAGUE COMPLIANCE REPORT PREPARATION - COLOMBIA 
TAKES POSITIVE STEPS 
 
REF:  A) STATE 25492, B) BOGOTA 10415, C) STATE 168732, D) 
BOGOTA 8457 
 
1.   (U) Although Post concurs with the Department's 
assessment of Colombia as "non-compliant" with the Hague 
Abduction Convention, Post notes legislation to implement 
the Convention is moving through the Colombian Congress. 
There are also positive developments in judicial training 
and cooperation. 
 
2.   (U) Implementing legislation:  On December 14, the 
Colombian House of Representatives passed legislation that 
clarifies jurisdiction by directing Hague cases to the 
Family Court.  Working with Colombian legislators and the 
Ministry of Foreign Affairs, Emboffs successfully lobbied 
for CA's suggested modifications to the bill prior to its 
adoption by the House.  The bill will now move to the 
Senate, where our initial discussions with leading members 
have been positive.  We can reasonably expect the bill to 
become law during the Spring 2005 legislative session. 
 
3.   (U) Judicial Training:  A Family Court judge attended a 
recent Latin American Judicial Seminar in Monterrey 
sponsored by the Hague Conference on Private International 
Law.  The intent of the Conference was to promote more 
effective implementation of, and compliance with, the Hague 
Abduction Convention. 
 
4.   (U) Cooperation:  The Ministry of Foreign Affairs 
(which, with post encouragement, goaded the Ministry of 
Social Protection and Supreme Council of the Judiciary into 
drafting the necessary legislation) has agreed to take an 
active role in inter-agency cooperation and follow-up, e.g., 
directing cases to trained judges. 
 
5.   (SBU) The Family Welfare division of the Ministry of 
Social Protection still presents a potential challenge.  For 
example, Family Welfare declined to attend the Monterrey 
training, despite the offer of U.S. financial assistance. 
If the legislation described in para 2 above passes into 
law, an abducting family member could file a "tutela" (a 
species of appeal) that would result in the equivalent of an 
injunction while the Constitutional Court considers the new 
law. 
 
6.   (U) Progress on Outstanding Cases:  While post is 
unable to report progress on the cases cited in reftel A, 
consular officers successfully conducted a long-delayed 
welfare and whereabouts visit to Christine and Amir Andre 
Sheikh-Attar on December 7.  Details to follow by Septel. 
Additionally, a consular officer conducted a welfare visit 
on August 24 to Sophia Fonte, who had been taken to Bolivia 
by her mother while divorce proceedings were ongoing 
(Reftels C and D).  The Fonte family has since reconciled, 
and the mother and child have returned to the United States. 
 
7.   (U) Comment:  Although the legal processes have been 
slowed by the implementing legislation, for the most part 
Colombian officials are determined to implement the 
Convention fully.  Post is confident that after final 
passage of the legislation, the GOC will implement the 
provisions of the Convention. 
 
WOOD