US embassy cable - 05BOGOTA1079

UNCLAS SECTION 01 OF 04 BOGOTA 001079 
 
SIPDIS 
 
STATE FOR WHA/AND, DRL/CRA AND DRL/PHD 
LABOR FOR ILAB - BUFFO 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, ELAB, KDEM, KPAO, KSEP, EAID, CO 
SUBJECT: SUPPORTING HUMAN RIGHTS AND DEMOCRACY: THE U.S. 
RECORD IN COLOMBIA 2004-2005 
 
REF: 04 STATE 267453 
 
1. This is in response to reftel request. 
 
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Human Rights Strategy Report 
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2. Although Colombia is a democracy, it has been ravaged by 
an internal armed conflict financed by drug trafficking and 
other criminal activities for over 40 years.  Illegal 
paramilitaries and guerrillas have committed numerous human 
rights abuses, and methods to deal with these threats through 
the civilian judiciary have been complicated by profound 
challenges of corruption and a cumbersome inquisitorial 
justice system.  In order to better address these issues and 
resource constraints, the Government of Colombia (GOC) began 
a move to an accusatorial system in January 2005 with the 
hope of strengthening the power of the judiciary, the 
efficiency at which these cases are handled, eliminating 
impunity from punishment, and increasing respect for human 
rights. 
 
3. The 2004-2005 U.S. human rights and democracy strategy for 
Colombia is both proactive and responsive, tackling the root 
causes of human rights violations and social unrest while 
continuing to invest in short-term emergency humanitarian 
assistance.  Key strategic objectives include protection of 
vulnerable populations, increased access to the justice 
system, support for judicial reforms and the rule of law, 
promotion of local governance and peace initiatives, and 
provision of humanitarian assistance. 
 
4. Working with the Colombian Ministry of Interior and 
Justice, USAID had provided security protection assistance to 
3,701 people and 96 offices under threat as of September 30, 
2004.  The protection program includes threatened human 
rights workers, union leaders, journalists, members of the 
left wing Patriotic Union Party, mayors, city council members 
and municipal human rights workers.  The USAID-funded Early 
Warning System expanded to 20 regions, allowing it to respond 
effectively to 195 alerts and potentially preventing 
massacres, forced displacements, and other egregious human 
rights violations. 
 
5. In FY 2004, four additional USAID-funded Justice and Peace 
Houses -- one-stop legal assistance shops ) were established 
for a cumulative total of 37, thereby increasing access to 
the justice system for a total of 2.8 million poor and 
marginalized Colombians.  DOJ has developed and implemented a 
multi-faceted strategy to strengthen the GOC,s capability to 
investigate and prosecute human rights cases, providing 
Colombian judicial police investigators, forensic examiners, 
and prosecutors with the necessary training, technical 
assistance, and equipment to enhance and upgrade their 
individual skill levels.  The strategy employs a task force 
concept, whereby personnel from 11 satellite Human Rights 
Units in the Prosecutor General's Office train and work 
together, resulting in a more effective case flow from the 
initial criminal investigative stage through final case 
resolution.  In 2004, the Office of the Prosecutor General 
conducted major operations against guerrilla and paramilitary 
criminal organizations, bringing charges for murder, assault, 
extortion, and drug trafficking.  In 2004, DOJ trained 840 
police assigned to rural outposts with little or no previous 
police presence; trained 400 police in accusatory system/oral 
trial techniques; and trained 172 prosecutors, judicial 
police, and judges in trial advocacy.  Also in 2004, 
specialized training and state of the art equipment donations 
enabled Colombian forensic labs to investigate human rights 
violations more effectively.  This included the enhancement 
of DNA analyzers and the CODIS database; upgrading of the 
Integrated Ballistics Identification System (IBIS); updating 
of forensic imaging and document analysis systems; upgrading 
of the automated fingerprint identification system; and the 
design and installation of a wireless network providing 
inter-agency connectivity and information sharing.  In 
addition, at the request of Prosecutor General Osorio, DOJ 
conducted polygraphs of 78 Fiscalia officials in July.  The 
Prosecutor General's Office imposed this requirement to 
combat corruption in the organization.  Polygraphed officials 
included office directors, senior prosecutors, and members of 
the anti-narcotics, anti-kidnapping, and anti-corruption 
units, all of which received USG assistance. 
6. USAID's Peace Program underwent significant change and 
growth in 2004.  While it continued to support civil society 
initiatives to promote peace and conflict resolution, the 
program also developed a working relationship with Colombia's 
new High Commissioner for Peace to design and implement 
initiatives to support peace negotiations with illegal armed 
groups.  As negotiations began between the Colombian 
government and paramilitary groups, USAID provided advice 
regarding policy and programmatic parameters for a possible 
demobilization initiative.  Also in conjunction with the High 
Commissioner and Ministry of Interior and Justice, USAID 
established Peaceful Co-Existence Centers in seven of the 
most conflict-ridden municipalities in Colombia.  These 
centers provided communities with a neutral space for 
dialogue, conflict resolution and social services. 
 
7. USAID's Local Governance Program, which works to improve 
the capacity of municipal governments to involve citizens in 
local decision-making, provide services, and manage resources 
effectively and transparently, supported the establishment of 
210 social infrastructure projects in 89 municipalities. 
These projects were administered through local citizen 
oversight committees that established project priorities and 
oversaw their management and financing.  In addition, USAID 
successfully completed a nationwide public awareness 
anti-corruption campaign that reached six million citizens 
through radio, newspaper, and television messages, and 
standardized internal control units in nineteen government 
agencies. 
 
8. DOJ and USAID worked to help reform Colombia's criminal 
justice system in an effort to accelerate the legal process. 
DOJ assisted the GOC in drafting a new criminal procedure 
code to move the system towards an accusatorial system.  The 
Colombian Congress has approved the draft code, and it has 
been used since January 2005 in Bogota and the districts of 
Manizales, Pereira and Armenia (Coffee Region).  DOJ and 
USAID organized joint accusatory trial technique courses for 
judges, prosecutors, police, defense attorneys, and 
investigators.  DOJ funded visits for judges and legislators 
to observe the accusatory system in practice in Puerto Rico. 
DOJ also implemented an instructors' course at the Prosecutor 
General's training facility, which trained instructors to 
conduct their own courses in forensic specialties, basic 
investigative skills, trial techniques, interview techniques, 
and crime scene management.  For the period 2004-2006, DOJ 
and USAID will assist the GOC in providing training to 
approximately 3,000 prosecutors, 1,000 judges, 10,000 police 
investigators, and 1,500 defense attorneys.  In cooperation 
with the Colombian Justice Sector High Level Commission, 
USAID has built 35 trial courtrooms to complement the shift 
towards an accusatorial system. 
 
9. Although NGO statistics indicate kidnappings have dropped 
approximately 42 percent in 2004, kidnapping remains a 
significant problem in Colombia.  DOJ assisted the Government 
of Colombia in developing and implementing a comprehensive 
program to investigate and prosecute kidnapping and extortion 
offenses.  Six courses in the areas of Human Resources 
Intelligence Management, Racketeering Enterprise 
Investigations, Kidnapping and Ransom Investigations, and 
Interviewing and Interrogation were held for 180 law 
enforcement, prosecutorial, and military personnel.  The 
intimidation of witnesses and judicial sector personnel is 
also a serious problem.  DOJ provided training and equipment 
for GOC protective force personnel in both the witness and 
dignitary protection areas, including personnel from the 
Bogota mayoral and other GOC ministerial security details. 
 
10. The rate of displacement of people due to armed conflict 
has fallen sharply, but the internal conflict in Colombia has 
displaced over 2 million people since 1995.  The State 
Department's Bureau of Population, Refugees and Migration is 
funding seven international organizations (IOs) and NGOs in 
Colombia that provide emergency humanitarian assistance such 
as food, temporary shelter, hygiene & household kits, 
psycho-social counseling, health care and temporary 
employment to newly displaced persons.  USAID is also 
providing mid- to long-term assistance to displaced persons 
through seven IOs and NGOs, focused on economic reintegration 
of displaced persons where they reside, and a smaller but 
significant returnee component.  Program activities include 
productive projects, micro-credit programs, vocational 
training and job placement, health care, shelter, income 
generation, improved education, and basic community 
infrastructure. 
 
11. Although labor union-related homicides and kidnappings in 
2004 were lower than in previous years, violence against 
labor union leaders and activists continues to be a serious 
problem. Through a grant from DOL, the AFL-CIO's Solidarity 
Center provided U.S.-based training and technical education 
to nearly 40 Colombian trade union leaders who were under 
threat.  DOL also funded an International Labor Organization 
(ILO) project designed to improve labor relations and 
generate quality employment for women.  A second DOL grant 
provided funding to the ILO's International Program for the 
Elimination of Child Labor (IPEC).  In 2004, nearly 3,000 or 
more children left their work in low-tech open-pit mines 
under an IPEC-funded pilot project.  However, the project was 
closed at the end of FY 2004.  A new education project began 
at the end of FY 2004 titled &Combating the Worst Forms of 
Child Labor Through Education in Colombia.8  The project 
aims to assist at-risk youth employed in the cut flower 
sector in Colombia.  These youth are almost entirely employed 
in small family businesses producing flowers for local sale. 
The majority of these children are victims of poverty, and in 
many cases, parents are convinced that survival requires the 
economic contribution to the family.  Eliminating this form 
of child labor requires working with the entire family to get 
the children to school. 
 
12. This cable does not include the GOC,s own effort to 
address the problems cited. 
 
13. Addendum: USG-Funded Human Rights and Democracy Programs 
in Colombia (in U.S. Dollars) 
 
A. USAID Programs (FY 2004) 
 
Administration of Justice 
-- Development and Strengthening of Criminal Justice System: 
2,216,408 
-- Institutional Strengthening and ADR Mechanisms: 3,347,964 
-- Improved Capacity of Criminal Justice Sector: 235,102 
-- Monitoring and Evaluation: 130,450 
 
Human Rights 
-- Prevention: 1,041,999 
-- Protection: 1,883,363 
-- Response: 3,287,094 
 
Local Governance 
-- Grants and Subcontracts: 1,215,417 
-- Social Infrastructure Projects: 2,491,599 
-- Technical Assistance and Training: 755,818 
 
Transparency 
-- Improve Internal Controls: 600,000 
-- Strengthen Citizen Participation: 1,000,000 
-- Promote Civic Responsibility and Ethnic Groups: 1,200,000 
 
Peace Initiatives 
-- Co-Existence Centers: 2,000,000 
-- Grants: 3,118,000 
 
Displaced Persons Programs (grantees) 
-- PADF (5 years): 39,216,000 
-- IOM (5 years): 49,854,069 
-- UNICEF (3.5 years): 2,750,000 
-- UNHCR (2 years): 276,000 
-- Profamilia (5 years): 10,750,000 
-- World Food Program (3 years): 5,100,000 
-- Cooperative Housing Foundation, Int,l (3 years): 
16,715,775 
 
B. Department of Justice Programs (Total Obligations through 
9/30/04) 
-- Establish Human Rights Units in Colombian National Police 
and Prosecutor General's Office: 22,445,480 
-- Criminal Code Reform: 999,398 
-- Prosecutor Training: 3,497,729 
-- Anti-Kidnapping Strategy: 755,095 
-- Judicial Police Training: 2,773,587 
-- Witness Protection and Judicial Security: 8,262,805 
-- Multilateral Case Initiative: 2,777,348 
 
C. Bureau of Population, Refugees and Migration (grantees) 
 
-- International Committee of the Red Cross:  9,579,233 
-- UN High Commissioner for Refugees:  1,400,000 
-- World Food Program:  1,500,000 
-- Pan American Health Organization:  512,000 
-- Cooperative Housing Foundation, Int,l:  6,311,311 
-- American Red Cross:  1,553,738 
 
D. USDOL Programs (grantees) 
 
-- AFL-CIO Solidarity Center Training and Technical Education 
Program:  1,700,000 
-- ILO Labor Relations Project: 2,000,000 
-- ILO-IPEC Mining Project: 220,000 
-- ILO-IPEC Education Project: 3,500,000 
WOOD