PROCEDURAL ISSUES AND LEGAL QUESTIONS SURROUNDING

UNCLAS SECTION 01 OF 02 BOGOTA 001768

SIPDIS

STATE PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: PGOV KJUS PTER CO AUC
SUBJECT: PROCEDURAL ISSUES AND LEGAL QUESTIONS SURROUNDING
PARAMILITARY DEMOBILIZATION LEGISLATION

REF: A. BOGOTA 1660


B. 04 BOGOTA 8370 NOTAL

Ref A describes the draft bills now before the Congress. Ref
B describes the structure of the Congress.


1. (SBU) Summary: Congress is gearing up to debate
demobilization legislation in a special session convened by
the GOC. In a meeting with U/S Grossman on February 14
(septel),President Uribe said the earliest possible
resolution of the law would be mid-June. Our senior
Congressional interlocutors agree with that assessment. The
GOC has attached the urgency label to the legislation, which
reduces mandatory processing time between each stage of
debate. Below is an overview of the timetable, procedural
issues, and potential legal questions surrounding the issue,
based on our discussions with House Speaker Zulema Jattin, a
former Senate President and House Speaker, a senator
previously on the Constitutional Court, and the
administrative/legal heads of both houses of Congress. Ref B
provided a detailed summary of the legislative process in
Colombia. End Summary.


2. (U) In mid-February, the GOC called Congress into special
session to begin work on legislation to provide a legal
framework for members of illegal armed groups (IAGs) who
demobilize but are accused of major crimes. The special
session formally began on February 15 and will end on March
15, after which a regular session of Congress will run until
June 20. At present, nine draft bills (including one
introduced by Interior and Justice Minister Sabas Pretelt for
the GOC) have been submitted for consideration.
Demobilization legislation can carry over from the special to
the regular session.


3. (U) So-called "ponentes," a representative group of
interested members of Congress (pro and con),were named
during the week of February 14. Once their initial written
recommendations are ready (which may take as long as 15
days),Congressional committees will begin formal debate on
the legislation. The GOC placed the "urgency" label on the
issue, a move that signifies the following:

--The issue will be first on the agenda ("orden del dia") on
any given deliberative day of the special session;
--The First Committees (Constitutional and Legal Issues) of
both houses will meet jointly to debate the bills (but will
split off to vote separately); and
--The normal 15-day waiting period between committee vote and
earliest possible full House and/or Senate voted is waived.

Provided that the GOC again attaches the urgency label to the
legislation once the bill has come out of the House and
Senate committees, the full House and Senate would meet
jointly to debate (but would again vote separately).


4. (U) The GOC has opted to treat the legislation as
"ordinary" in nature rather than "statutory." Both ordinary
and statutory bills require four rounds of approval in the
Congress (House committee level, full House, Senate committee
level, and full Senate). However, while ordinary bills
require "simply majority" (majority of quorum),statutory
bills require "absolute majority" (majority of members). In
addition, while the Constitutional Court may rule on
challenges to any type of legislation brought before it by
individual(s),it is obligated to review, on procedural
grounds, statutory bills.


5. (SBU) Not all experts agree with the GOC's decision to
treat the bill as ordinary. One is Senator Carlos Gaviria, a
former member of the Constitutional Court, who feels the law
is statutory, as it deals with the administration of justice.
(Note: Article 152 of the Constitution lists administration
of justice as one area in which bills must be statutory. End
Note.) The chief of staff to Senate President Luis Humberto
Gomez told poloff on February 17 that Gomez agrees with
Gaviria.


6. (SBU) Comment: Given the stakes of demobilization
legislation, it appears that the issue will not be resolved
by Congress during the special session. Unresolved legal
issues could delay passage or, if a law is passed, allow the
Constitutional Court to strike down a law on technical
grounds. Nevertheless, the GOC and many members of Congress
recognize the importance of this legislation and will work
with an eye toward adoption by the end of the regular session
in June.


7. Post asks Department to ensure this message is passed to
appropriate members of the U.S. Congress.
DRUCKER