US embassy cable - 05BOGOTA8041

UNCLAS SECTION 01 OF 02 BOGOTA 008041 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: SNAR, CO 
SUBJECT:  GOC RESOLUTION SIGNED ON SPRAYING IN COLOMBIA'S 
NATIONAL PARKS 
 
 
1.  (SBU) SUMMARY:  On August 17, Colombia signed a 
resolution to authorize spraying in national parks if four 
conditions are met.  The first park under consideration for 
spraying is "La Macarena," located in southeast Colombia; it 
has been under the effective domination of the FARC for 
years and has large areas of mature coca, six feet high 
plants producing up to five harvests a year.  The Embassy 
would like to initiate spraying in the park By October 1. 
The Embassy asks that the Department begin consultations 
with the Hill to comply with relevant U.S. ACI legislation. 
END SUMMARY. 
 
THE RESOLUTION 
-------------- 
 
2.  (SBU) On August 17, Colombia's Chairman of the National 
Council of Controlled Substances (CNE in Spanish), Minister 
of Justice and the Interior Sabas Pretelt, signed an August 
5 CNE resolution authorizing him to approve aerial spraying 
with glyphosate in specific national parks, based on four 
conditions.  The resolution is principally based on Article 
91 of Law 812 from 2003, which assigns the CNE the 
responsibility of destroying illicit crops using the most 
appropriate means, while ensuring the safety and health of 
local populations and the environment.  Post is translating 
the resolution and will forward it to Washington. 
 
THE FOUR STEPS 
-------------- 
 
3.  (SBU) Four steps are required for spraying in each 
national park: 
 
A. (SBU) There must be an evaluation of the park by the 
Counternarcotics Police (DIRAN) in consultation with other 
ministries and entities as necessary.  We understand that 
this will look at socio-economic factors, cultural factors, 
ethnic factors, and environmental factors.  The evaluation 
will form the baseline for any future claims or accusations 
of damage from aerial spraying. 
 
B. (SBU) There must be consultation with any indigenous 
communities resident in the park by the National Directorate 
for Controlled Substances (DNE), which is the 
technical/administrative arm of the CNE.  Colombian law does 
not require the GOC to accept their suggestions or 
petitions, only to consult.  Consultations have been done in 
the past outside of the parks and have generally gone very 
well. 
 
C. (SBU) DIRAN must certify that illicit cultivation exists 
in the park and that it is increasing.  DIRAN information, 
information from the Crime and Narcotics Center (CNC), and 
information from the UN's Integrated Monitoring System for 
Illicit Cultivation (SIMCI in Spanish) demonstrate that 
cultivation is increasing in the parks.  Overflights and 
anecdotal information also indicate that cultivation in the 
parks is increasing. 
 
D. (SBU) The DIRAN also must report on the security 
situation in the park to compare the security risks of 
aerial and manual eradication.  If appropriate, the DIRAN 
can address topographical characteristics to describe how 
they may impede manual eradication.  One indicator may be 
that the Colombian National Police (CNP) has previously 
asked the Army to provide security in the national parks for 
manual eradication and has been denied. 
 
CNE PRESIDENT'S APPROVAL 
------------------------ 
 
4.  (SBU) Pretelt has expressed his support for spraying in 
the national parks.  The Embassy believes that once the four 
steps have been fulfilled for a specific park, Pretelt will 
authorize spraying. 
 
THE PARK UNDER CONSIDERATION 
---------------------------- 
 
5. (SBU) The primary national park under consideration is 
the "Parque Sierra de La Macarena" located in the 
southeastern departments of Meta and Guaviare, just north of 
the "Plan Patriota" operational area.  The park has been 
under control of the FARC for years, is one of the embassy's 
favorite overflight targets when we want to show visitors 
massive fields of mature coca, with plants up to six feet 
tall and with up to five harvests per year.  There are no 
indigenous communities living within "La Macarena's" 
boundaries.  "La Macarena" is believed to be the park least 
suited for manual eradication due to the heavy FARC presence 
and the difficult terrain and access.  The CNC found 3,500 
hectares of coca in "La Macarena" in 2004.  This is 53 
percent of the 6650 hectares observed by the CNC.  DIRAN's 
internal estimates for this park are 3,797 hectares. 
SIMCI's estimates for 2004 in this park are 2,707 hectares. 
While lower than the other two estimates, this latest SIMCI 
estimate is an increase of 76 per cent compared to the 1,152 
hectares estimated by SIMCI in 2003. 
 
POSSIBLE OPPOSITION 
------------------- 
 
6.  (SBU) The CNE resolution is essentially an executive 
action.  Interested parties could file a motion to annul the 
resolution with the Administrative Tribunal of Cundinamarca, 
which can support it, halt action, or refer it to the 
highest administrative court in Colombia, the "Consejo del 
Estado" (State Council).  Legal experts believe an outright 
halt is unlikely since the resolution implies no "flagrant" 
contradiction or abuse of the constitution.  In the past, an 
NGO called "Colectivo de Abogados" (The Lawyers' Collective) 
has filed motions against aspects of the spray program, but 
never could shut it down.  Legal experts estimate that a 
motion or appeal to annul the resolution would take at least 
a year and probably longer.  While it is possible under 
Colombian law that such action would halt the park spraying 
operations, Embassy lawyers believe that a court mandated 
halt to spraying is an unlikely outcome. 
 
THE TIMELINE 
------------ 
 
7. (SBU) The DIRAN, CNE, and DNE want to begin spraying as 
soon as possible.  President Uribe fully supports spraying 
in the national parks.  The DIRAN and DNE employees who will 
be doing the technical work believe that they can complete 
the necessary steps by October 1, although that may be 
optimistic. 
 
WASHINGTON CONSULTATIONS NEEDED 
------------------------------- 
 
8.  (SBU) Embassy supports spraying in "La Macarena" as soon 
as possible.  The 2005 ACI legislation prohibits using ACI- 
funded equipment and assets to spray in Colombia's national 
parks without first satisfying certain requirements.  Post 
asks that Department begin Congressional consultations to 
comply.  Embassy recommends that consultations begin 
immediately. 
 
WOOD