US embassy cable - 05BOGOTA7416

UNCLAS SECTION 01 OF 03 BOGOTA 007416 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, PTER, PREL, PINR, KJUS, CO 
SUBJECT: UNDER SECRETARY BURNS MEETS WITH HUMAN RIGHTS NGOS 
 
 
1. (U) This cable is sensitive but unclassified.  Please 
protect accordingly. 
 
2. (U) July 26, 2005, 2:30-3:30 pm, Ambassador's Office, 
Bogota 
 
3. (U) Participants: 
 
U.S. 
---- 
 
R. Nicholas Burns, U/S for Political Affairs 
Ambassador William B. Wood 
Jeffrey DeLaurentis, Political Counselor 
Cynthia Echeverria, P Special Assistant 
Kiersten Stiansen, notetaker 
Luis Guio, Interpreter 
 
Colombia 
--------- 
 
Ana Maria Convers, Restrepo Barco Foundation 
Patricia Villaveces, Free Country Foundation ("Pais Libre") 
Carlos Rodriguez, Colombian Commission of Jurists (CCJ) 
Gloria Florez, MINGA 
 
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Summary 
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4. (SBU) Summary:  On July 26, Under Secretary Burns met with 
representatives of four well-respected human rights 
organizations to discuss the current human rights and 
humanitarian situation in Colombia.  He noted the importance 
of human rights organizations in Colombia and USG support for 
their work.  All four groups expressed varying degrees of 
concern regarding continued human rights and international 
humanitarian law (IHL) violations by all actors, impunity, 
and the law of justice and peace.  End Summary. 
 
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U/S Burns Notes Importance of Human Rights 
------------------------------------------ 
 
5. (SBU) During his July 26 meeting with representatives of 
four local human rights organizations, Under Secretary Burns 
said human rights is at the top of the US agenda in Colombia. 
 The USG respects and supports the work of non-governmental 
organizations, and although we might not always agree on 
certain issues, it is important that all sides be listened 
to.  He noted that the US is currently engaged in the 
certification process, a process taken very seriously, and 
the Secretary of State will personally make the decision on 
whether or not to certify the GOC's compliance.  U/S Burns 
added that there is great interest in the US Congress in 
looking at prominent human rights cases involving either 
members of the military or paramilitaries. 
 
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Law of Justice and Peace 
------------------------- 
 
6.  (SBU) Three of the four groups opposed the Justice and 
Peace Law.  Carlos Rodriguez of the CCJ referred to the law 
as one of "impunity," stating that paramilitaries are not 
required to confess to their crimes, that there is no 
mechanism to find those who created, armed, or financed 
paramilitaries, and that the law provides little compensation 
for the victims.  He also said that there is no mechanism to 
seize land and assets that had been held and gained by 
paramilitaries.  Gloria Florez agreed that the law is weak 
and insisted paramilitary structures have not been 
dismantled.  Paramilitaries continue to operate, and commit 
crimes against the civilian population, in important areas of 
the country including Cucuta (Norte de Santander Department), 
Medellin, Cali, Monteria (Cordoba Department), the Atlantic 
Coast and in several neighborhoods of Bogota (Ciudad de 
Bolivar, Soacha).  In Cucuta, there have also been instances 
of paramilitary infiltration in local government offices and 
in the Prosecutor General's Office ("Fiscalia").  Florez said 
paramilitaries have also consolidated their power throughout 
Putumayo, despite increased military presence. 
 
7. (SBU) In response to U/S Burns' question on implementation 
of the law, Ana Maria Convers said the Restrepo Barco 
Foundation, which is largely funded by the business sector, 
supports the law and believes if implemented aggressively 
that it could have good results.  She added that 
international support would be needed and that it was 
important to remember the law would also cover guerrilla 
groups should they decide to enter into negotiations with the 
government.  Patricia Villaveces, however, noted that the GOC 
needs to dedicate more resources to the process to make it 
effective.  She agreed with her colleagues that even though 
paramilitary crimes have diminished, the paramilitary 
structures remain in place. 
 
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Other Human Rights Concerns 
--------------------------- 
 
8. (SBU) Villaveces discussed the kidnapping situation in 
Colombia, noting that the number of kidnappings has declined 
over the past two years, most likely as a result of an 
increased government presence throughout the national 
territory.  However, Pais Libre has seen an increase in the 
rate of extortion and is currently conducting a study on the 
topic in Cundinamarca Department with support from Denmark. 
In response to U/S Burns' question on kidnapping victims, 
Villaveces said there are currently 3,200 individuals being 
held in Colombia, some for as long as 5-6 years, although it 
is likely only 700 remain alive with the rest considered 
"disappeared."  She noted the organization's fear that the 
population will become accustomed to kidnapping and extortion 
and will accept it as a fact of life.  Villaveces added that 
Pais Libre is concerned that the judicial system will not be 
able to effectively prosecute those kidnappers who are 
caught, as families will fear participating in an oral trial. 
 She told U/S Burns that she agrees with the US position not 
to negotiate with terrorists, but believes the GOC needs to 
analyze ways to find a solution which would also assist 
victims and their families. 
 
9.  (SBU) Convers noted the Restrepo Barco Foundation 
believes the democratic security policy is working in 
Colombia and has resulted in a reduction of various violence 
indicators.  The GOC has increased its attention to 
internally displaced persons (IDPs) and has improved its work 
in education and healthcare, although more remains to be 
done.  She added that IDPs primarily receive emergency 
assistance for the first three months of displacement, but 
also need long-term assistance for education, health care, 
income generating projects and other services.  Convers said 
many of the problems faced by IDPs are the same as those 
faced by demobilized individuals, such as limited access to 
education and healthcare. 
 
10. (SBU) Rodriguez disagreed with this view, stating that 
the GOC provides five times more assistance to demobilized 
individuals than to IDPs.  He said President Uribe's 
democratic security policy has not worked in Colombia and 
human rights workers, trade unionists and other groups feel 
more insecure throughout the country (noting President 
Uribe's September 2003 speech where he referred to some NGO 
groups as working with terrorists).  Rodriguez said that US 
military aid to Colombia has worsened the situation of the 
internally displaced, and that the State Department should 
pay more attention to the information the NGOs provide with 
regard to certification.  U/S Burns refuted Rodriquez'claim 
that our aid contributed to displaced persons, noting that 
our aid was conditional and we had to certify every year. 
U/S Burns assured him that the US does rely on reports from 
local, US and international human rights groups on the human 
rights situation when deciding on certification. 
 
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Balance of Peace and Justice 
---------------------------- 
 
11. (SBU) U/S Burns closed by reiterating the importance the 
USG places on human rights and noting that one of the 
greatest changes worldwide has been the rise of NGOs and the 
increasing influence they have.  He said Colombia is dealing 
with a difficult question in trying to find a balance between 
peace and justice.  Although the situation in Colombia is 
unique, other countries have faced this dilemma in the past. 
Bosnia and post World War II Germany had to face decisions on 
who would be punished for their involvement in atrocities and 
who would be granted leniency in order to find the necessary 
balance.  U/S Burns added that the USG will closely follow 
the implementation of the law. 
 
12.  (U) U/S Burns has cleared this cable. 
DRUCKER