US embassy cable - 05BOGOTA2564

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 002564 
 
SIPDIS 
 
E.O. 12958: DECL: 03/10/3020 
TAGS: PHUM, PINR, PREL, PGOV, CO 
SUBJECT: UNHCHR RELEASES ITS 2004 HUMAN RIGHTS REPORT 
 
 
Classified By: Ambassador William B. Wood for reasons 1.4 (b) 
and (d). 
 
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Summary 
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1. (C) On March 11, the United Nations High Commissioner for 
Human Rights released its 2004 human rights report on 
Colombia.  The report once again characterized the human 
rights situation in Colombia as "critical," and noted an 
increased number of reports of State-sponsored extrajudicial 
killings and continued links between the security forces and 
paramilitaries.  However, the report recognized an 
improvement in key violence indicators such as homicides and 
massacres.  The UN proposed another 27 recommendations for 
2005, 24 which are carried over from 2004.  We will continue 
to work with the GOC, UNHCHR, and the G-24 to help with GOC 
compliance in 2005.  End Summary. 
 
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UN Report Released 
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2. (U)  On March 11, the United Nations High Commissioner for 
Human Rights (UNHCHR) released its 2004 human rights report 
on Colombia.  Although it acknowledged that key violence 
indicators, such as homicides and massacres, continued to 
improve, the UN once again characterized the human rights 
situation in Colombia as "critical."  The report notes that 
UNHCHR's Colombia office received more complaints about 
extrajudicial killings attributed to members of the security 
forces and other public officials, that there were more 
allegations of State-sponsored torture and forced 
disappearance throughout the year, and that links between 
public officials and illegal armed groups, particularly 
paramilitaries, continued.  Additionally, the report 
discusses serious breaches of international humanitarian law, 
such as attacks on the civilian population, homicides, 
massacres, and hostage-taking, committed by illegal armed 
groups. 
 
3. (U) On the positive side, the report recognizes "an 
increased openness and intensification of dialogue between 
the Government and representatives of civil society and the 
international community."  Progress was also recorded in 
terms of prevention and protection, including the 
strengthening of the USAID-funded Early Warning 
System and the destruction of stored anti-personnel mines. 
However, the report said positive measures were weakened by 
occasional public statements by high-level government 
officials that questioned the legitimacy of the work of human 
rights defenders. 
 
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Recommendations 
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4. (U) Regarding the UNHCHR's specific human rights 
recommendations, the report acknowledged that various State 
entities showed greater interest during the second half of 
2004 in implementing the recommendations, while noting that 
implementation was mixed, varied, and less consistent than 
desired.  For example, the report credits the GOC with 
progress in its program to combat impunity and in carrying 
out actions aimed at promoting gender equality, but asserts 
the GOC's policies on the fight against paramilitarism and 
narrowing the economic inequality gap needed to be 
strengthened. 
 
5. (U) The High Commissioner has proposed another 27 
recommendations for 2005.  The recommendations again focus on 
six categories: prevention and protection (6 
recommendations); the internal armed conflict (6); the rule 
of law and impunity (8); economic and social policies (1); 
promotion of a culture of respect for human rights (3); and 
advisory services and technical cooperation (3).  One of the 
three new recommendations calls for the development of a 
system of public statistics that adequately covers human 
rights violations and breaches of international humanitarian 
law, including violations by the security forces.  To this 
end, the High Commissioner proposes that the Office of the 
Vice-President, the Human Rights Ombudsman ("Defensoria"), 
the Inspector General's Office ("Procuraduria"), the 
Prosecutor General's Office ("Fiscalia"), the Ministry of 
Defense, and other state entities work with NGOs and academic 
institutions, with the assistance of the UN office.  The 
other two new recommendations relate to the government 
withdrawing its reservation to the Rome Statute, and the 
Fiscalia ensuring that the sub-unit in charge of 
investigating public officials' links to illegal armed groups 
concentrates on exploring links between paramilitary groups 
and members of the security forces, civilian functionaries, 
and private individuals. 
 
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Comment 
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6. (C) The UN's report was as we expected.  Although some 
progress by the GOC was noted, the UN continues to insist on 
a strict-constructionist interpretation of what the GOC must 
do to comply with its recommendations.  For example, despite 
the fact that the GOC took various measures to strengthen its 
protection program, the UN criticized the Government for 
failing to resolve a basic dispute over who should serve as 
State-subsidized bodyguards for threatened individuals. 
WOOD