U/S BURNS MEETS WITH HUMAN RIGHTS GROUPS

C O N F I D E N T I A L BOGOTA 010111

SIPDIS

SIPDIS

DEPT. PLEASE PASS TO USAID

E.O. 12958: DECL: 10/26/2016
TAGS: PHUM PGOV CO
SUBJECT: U/S BURNS MEETS WITH HUMAN RIGHTS GROUPS


Classified By: Charge d'Affaires Milton K. Drucker
Reason: 1.4 (b,d)


1. (U) October 25, 2006; 8:30 AM.


2. (U) Participants:

U.S.

Under Secretary Burns
A/S for WHA Thomas P. Shannon
USAID Deputy Assistant Administrator Mark Silverman
Deputy Assistant Attorney General Mary Lee Warren
Ambassador William B. Wood
USAID Mission Director Liliana Ayalde
Attorney Adviser, L, Patricia Prugh
P Staff Assistant Heidi Bronke
Daniel Tomlinson, NSC
Political Counselor John Creamer
Political Officer Kevin Murakami (notetaker)



NGOS AND INTERNATIONAL ORGANIZATIONS

Gloria Florez, MINGA
Barbara Hintermann, International Committee of the Red Cross
(ICRC)
Fernando Calado, International Organization for Migration
(IOM)
Marco Romero, CODHES
Gustavo Gallon, Comision Colombiana de Juristas (CCJ)
Mario Gomez, Fundacion Restrepo Barco
Alvaro Villarraga, Fundacion Cultura Democratica
Luis Evelis Andrade, Organizacion Nacional de Indigenous de
Colombia (ONIC)
Victoria Eugenia Giraldo, Fundacion Esperanza

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Summary
--------------


3. (C) In a cordial, 90 minute meeting, Under Secretary
Burns thanked human rights group for their valuable work in
Colombia, stressed the importance of human rights in our
dialogue with the GOC, and heard their concerns about
paramilitary demobilization and the Justice and Peace Law.
Several participants condemned the GOC's human rights record,
noting that extra-judicial killings and impunity remained
widespread. Others acknowledged continuing problems, but
praised GOC progress on improving security and noted the
military's increased willingness to discuss human rights
issues. Other topics included internally displaced persons,
indigenous rights, and the possibility of peace talks with
the FARC. All participants voiced appreciation for the U.S.
role in encouraging a broad-based human rights dialogue in
Colombia. End Summary.

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Mixed Opinions of Uribe's Human Rights Record
--------------


4. (C) Human rights groups gave President Uribe's human
rights record mixed reviews. ICRC's Barbara Hintermann said
the ICRC's dialogue with COLMIL leadership had significantly
improved. She also said the GOC committed fewer violations
of international humanitarian law than in the past.
Fundacion Restrepo Barco's Mario Gomez praised GOC progress
on security and social issues, citing increased state
presence, a fall in violence indicators, and greater access
to education. CCJ's Gustavo Gallon noted that as a result of
the paramilitary peace process, paramilitary killings were
down from 1,700 a year to 1,000. Still, Gallon said the
GOC's overall human rights record is poor. He said that
during President Uribe's tenure, extrajudicial killings had
risen from 120 a year to 250 a year. Moreover, political
violence produced over 3000 deaths since 2002, 75% of which
were attributable to the paramilitaries or the GOC. Gallon
criticized the human rights certification process,
complaining that political considerations appeared to
influence certification decisions. CODHES' Marco Romero
criticized the GOC's "informant network," explaining that a
lack of oversight by the Inspector General, Human Rights
Ombudsman, and civil society had led to "massive" numbers of
arbitrary detentions. Fundacion Esperanza's Victoria Giraldo
said the GOC should do more to protect victims of trafficking
in persons.

5. (C) U/S Burns said the U.S. supported the GOC, but
understood the need for further GOC progress on human rights.
The U.S. would continue to push the GOC to investigate
allegations of human rights violations and to punish the
perpetrators. U/S Burns praised the work of the NGO
community, stating, "We know you work under pressure and
intimidation, and we value your efforts." Ambassador Wood
also highlighted U.S. support for NGOs' critical role in
identifying human rights abuses and in pushing for
improvements in Colombia's human rights situation.

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New Paramilitary Groups?
--------------


6. (C) The NGOs expressed concerns over paramilitary
recidivism and continuing paramilitary political influence.
Minga's Gloria Florez said many demobilized paramilitaries
were still operating, only under different names. Florez
singled out Putumayo as especially worrisome, alleging that
paramilitaries from the Bloque Central Bolivar were still
active. She said paramilitaries controlled the communities
of Puerto Asis and Puerto Vega in Putumayo, and complained
that the GOC was not doing anything to address the problem.
ICRC's Hintermann voiced concern about the emergence of new
groups, noting that some have sophisticated command
structures. Florez also criticized paramilitary influence
over politicians and institutions on the Atlantic Coast,
highlighting Sucre Department. "This influence puts
Colombian democracy and rule of law at risk," she charged.

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Justice and Peace Law
--------------


7. (C) Reaction to the Justice and Peace Law (J&P) was
mixed. IOM's Fernando Calado said the J&P law was "positive"
because it provided victims and communities a voice. He
praised the GOC for "taking full responsibility for this
process from the start" rather than relying on international
donors. Calado said reinsertion is the next challenge.
ONIC's Luis Andrade criticized the J&P law, claiming many
paramilitary leaders would escape punishment. He stressed
the importance of returning land taken by paramilitaries to
rightful owners, especially the indigenous. CCJ's Gallon
criticized the J&P's initial draft implementing decree,
saying it was a GOC effort to circumvent the Constitutional
Court ruling on the law. He thanked Ambassador Wood for his
criticism of the draft, which the GOC later revised to better
track the Court's ruling. U/S Burns said the U.S. supported
demobilization efforts but recognized there were
contradictions in the law.

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FARC Peace Process?
--------------


8. (C) The human rights groups expressed support for peace
talks with the FARC. Fundacion Cultura Democratica's Alvaro
Villarraga claimed there was a public expectation President
Uribe would pursue a peace policy during his second term.
Villarraga complained, however, that President Uribe had not
convened the National Peace Council, as required by law, in
over a year and a half. Fundacion Restrepo Barco's Gomez
also supported GOC-FARC talks, in spite of last week's car
bomb inside a Bogota military installation. Gomez called the
act an "impediment" to possible peace talks, but insisted the
GOC should continue pursuing such talks. ONIC's Andrade
urged the GOC to agree on a humanitarian accord with FARC.

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Internally Displaced Persons
--------------


9. (C) CODHES' Romero and ICRC's Hintermann said the plight
of internally displaced persons (IDPs) was one of Colombia's
gravest human rights problems. Hintermann said the challenge
was to find a long term solution to the problem. Romero
claimed CODHES recorded 300,000 new IDPs each year, but
acknowledged that GOC figures were much lower. He said the
majority of displacement was caused by paramilitaries but
also blamed the FARC especially in rural areas. Romero said
displacements were especially high in combat areas,
highlighting Narino Department as a "laboratory of war" where
conflict between the military, narco-traffickers,
paramilitaries, and FARC have prompted a sharp spike in IDP
numbers. Romero also blamed poverty for causing
displacement, saying 82 percent of the country's 12 million
peasants lived in poverty. "If you don't provide economic
opportunities for peasants, the military and security policy
is useless," he said.

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Indigenous Rights
--------------


10. (C) ONIC's Andrade blamed human rights problems
affecting indigenous communities on the armed conflict and
lack of economic opportunities. Andrade said indigenous
peoples were victimized by all sides in the conflict,
explaining that the strategic location of indigenous lands
made them targets. He alleged that the military often
accused indigenous people of being FARC collaborators, in
spite of the fact that the FARC also targeted indigenous
communities. He highlighted Choco Department as an area
where indigenous communities were continually "under fire"
from military, paramilitaries, and the FARC. Andrade also
criticized aerial fumigation of illegal crops, claiming it
caused severe environmental and health problems in indigenous
communities. He said impunity for crimes against indigenous
peoples was also a problem. He explained that paramilitaries
had killed several indigenous people in Tierra Alta, Cordoba,
but no one had been brought to justice. "We believe that to
strengthen democracy, we need to improve the justice system,"
Andrade said.


11. (U) This cable has been cleared by U/S Burns.
DRUCKER