US embassy cable - 05BOGOTA6143

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 006143 
 
SIPDIS 
 
SOUTHCOM FOR POLAD 
 
E.O. 12958: DECL: 06/24/2015 
TAGS: PGOV, ECON, KJUS, CO 
SUBJECT: HIGHLIGHTS OF CONGRESSIONAL SESSION 
 
REF: A. BOGOTA --- (PENSION REFORM) 
     B. BOGOTA 5619 
     C. BOGOTA 4467 
     D. BOGOTA 3922 
 
Classified By: DCM Milton K. Drucker, Reasons: 1.4 B & D. 
 
1.  (C) Summary:  Despite a slow start, Congress completed 
work on several major pieces of legislation, including the 
Justice and Peace Law (demobilization), pension reform, 
implementing legislation for presidential reelection and 
associated level-playing field guarantees, enhanced legal 
protection for foreign investment, and reduction of paperwork 
and bureaucracy.  President Uribe's politically- and 
ideologically-allied majorities came through on the above 
issues.  Executive-Legislative relations continued to be 
tense overall, however.  A clear example was the formal 
censure motion against Defense Minister Uribe.  The next 
Congressional session will begin July 20.  End Summary. 
 
The Good 
-------- 
 
2.  (U) Congress finished work on some 15 major pieces of 
legislation during the session that ran from March 15-June 
20.  Highlights were: 
 
--Justice and Peace (septel):  Creates a much-needed legal 
framework for demobilization of the paramilitaries. 
 
--Pension reform (Ref A):  Pivotal on fiscal grounds (to save 
USD 17 billion over next 50 years), this Constitutional 
reform ends special regimes (except for teachers, the 
President and the Armed Forces), caps the highest pensions, 
and ends an extra monthly payment for the highest pension 
earners.  Savings, however, were only half of those 
originally sought, prompting calls for further reform in the 
future. 
 
--Reelection implementing:  Removed the prohibition on the 
sitting President from engaging in campaign activities; 
up-front state financing for each candidate for half of the 
campaign spending limit; better access to media for the 
opposition and prohibition on TV coverage of the President's 
weekly community council meetings. 
 
--Foreign investment protection (septel):  In essence assures 
foreign investors that legal rules will not be changed once 
they establish operations/activities in Colombia. 
 
--Paperwork and bureaucracy reduction:  Eliminates or reduces 
some 80 procedural and paperwork requirements (known locally 
as "tramites") affecting individuals. 
 
What Did Not Pass 
----------------- 
 
3.  (SBU) A revised electoral code to regulate the 2006 
Presidential and Congressional elections fell by the wayside, 
primarily owing to lack of time for proper debate and 
consideration.  The elections will most likely be regulated 
by decree, as was the case with 2003 departmental/local 
elections.  Use of preferential voting and the D'Hondt 
divisor method (see Ref C for details) are now in limbo. 
Congress considered a motion of censure action against 
Minister of Defense (MOD) Jorge Alberto Uribe for failing to 
appear to testify on more than one occasion when requested by 
Congress.  While the motion failed, the House vote was 81 (of 
166 total members) against the MOD (although members knew the 
motion would not carry in the Senate).  Strong or moderately 
strong GOC loyalists number roughly 115 in the House, yet 
many voted against a key member of the Administration. 
Several did so (they told us privately, while others vented 
in the press) to send a message to the GOC not to take its 
"allies" for granted.  There was also speculation that some 
in the Armed Forces, uncomfortable with the MOD's recent 
firing of four generals, wanted to send a signal that such 
shake ups come with costs.  On the same day as the censure 
motion vote, a major reform to streamline administration of 
justice was shelved owing in part to the public defection of 
several prominent "Uribistas."  The move was viewed as 
another retaliation by disenchanted Uribistas, in particular 
House Speaker Zulema Jattin.  Bills to reform the Department 
of Administrative Security (DAS; FBI-equivalent) and Defense 
Ministry were also shelved. 
 
4.  (SBU) The Senate resisted calls for a public debate on 
immunities issues for U.S. soldiers but individual members 
publicly criticized the existing U.S.-Colombia bilateral 
agreement and documented several thorny cases.  Leftist Rep. 
Gustavo Petro organized a heated debate on alleged GOC and 
local government complicity with paramilitaries in Sucre 
Department.  Several shouting matches and walkouts by members 
of the opposition took place in both houses in the context of 
debates on both Justice and Peace and reelection implementing 
legislation.  Pension reform came close to last minute death 
when Uribista Senators broke quorum during a televised 
session, in order not to be associated with a cutback in 
existing pension benefits. 
 
Comment 
------- 
 
5.  (C) The final weeks of the session saw the traditional 
flurry of legislative activity.  Congressional tradition is 
to convene only Tuesdays and Wednesdays in Bogota.  Major 
bills, in particular Justice and Peace and pensions, emerged 
largely because the GOC needed them and launched an all-out 
effort during the last week of the session. 
Executive-legislative relations, traditionally one of 
President Uribe's Achilles' heels, continue strained, 
however.  This stems in large part from Uribe's at times 
heavy-handed treatment of even his most loyal Congressional 
allies, and occasional conflicts even within government 
positions. 
WOOD