SUPPORTING HUMAN RIGHTS AND DEMOCRACY: THE U.S.

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