PEACE COMMISSIONER SAYS GOC SHOULD HOLD ELN

C O N F I D E N T I A L BOGOTA 004986

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/30/2015
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: PEACE COMMISSIONER SAYS GOC SHOULD HOLD ELN
ACCOUNTABLE FOR ITS ACTIONS


Classified By: Ambassador William B. Wood.
Reasons: 1.4 (b) and (d)

--------------
SUMMARY
--------------


1. (C) In a May 26 meeting with Peace Commissioner Luis
Carlos Restrepo, the Ambassador said the GOC should apply
Justice and Peace Law to the ELN. Restrepo agreed, but said
he had found it difficult to persuade others outside of the
GOC of the view. Restrepo told the Ambassador that the
Cubans helped keep the ELN talks on track in Havana, one
important reason to keep future sessions on the island. End
summary.

--------------
ELN EXEMPTED FROM JUSTICE
--------------


2. (C) The Ambassador told Restrepo the USG supports the
GOC-ELN peace talks, but believes the Justice and Peace (J&P)
Law should also be applied to ELN members and not just the
paramilitaries. (In a previous conversation, Senator Rafael
Pardo had supported this position.) He noted a growing
consensus to exempt the ELN from the Law even though it was
intended for all illegal armed group members. Although the
ELN is not as involved in narcotrafficking as the AUC, it has
been involved in anti-government terrorism for over four
decades. For the past six years, Cid-Gallup polls show that
public support for the ELN has not surpassed 4 percent, while
the paramilitaries' support has been around 14 percent.
Therefore, the general public is likely to support a harder
stand against the ELN. The GOC should persuade the European
Union to be as tough on the ELN as it has been on the
paramilitaries, he said.


3. (C) Restrepo agreed, stating that he has been trying to
convince others to hold the ELN to the same criteria as the
paramilitaries. Restrepo said the GOC is alone in this
struggle. He had tried to sway the Church, political
parties, journalists, and the "Group of Friends" (Spain,
Switzerland, and Norway),without much success. Restrepo
recounted his March testimony to the Colombian Congress on
the ELN talks, during which some Liberal Party members
suggested ways to assist the ELN's transition from an illegal
armed group to a political party. This was also evident in
publications by Friedrich Ebert Stiftung Foundation in
Colombia (FESCOL) and the United Nations Development Program
(UNDP). In UNDP's last two issues, one was focused on the
justice side of the paramilitary process, while the following
issue focused on the peace side of the ELN process with no
mention of justice. According to Restrepo, the belief is
that the ELN was never interested in making money in
narcotrafficking compared to the paramilitaries. Restrepo
said this perspective glosses over the extortion and
kidnapping to "finance their cause." In the meantime, ELN
leaders, such as military commander and negotiator Antonio
Garcia, are trying to find ways to launder their money
overseas.

--------------
ELN'S ARROGANCE PERMEATES EXPLORATORY TALKS
--------------


4. (C) Restrepo said during the third round of the formal
exploratory phase in Havana between April 25 and 28, the ELN
intended to suspend the talks, but it was unable to do so
because of Cuban pressure. Restrepo noted that the attempted
suspension was probably in response to demands from the FARC
and other groups to hinder progress since the presidential
election was one month away. Nevertheless, the timing was

inappropriate since the round coincided with a trip from
Venezuelan President Chavez and Bolivian President Morales to
the island and the Cubans probably did not want to distract
from their visit. Restrepo said Cuba's positive influence in
this case highlights the importance of having the talks in
Havana. Restrepo claimed that it is in Cuba's interest that
the talks succeed. Moreover, Colombia's Ambassador to Cuba,
Julio Londono, was told recently that Cuba would be willing
to pressure the ELN for a cease-fire.


5. (C) Restrepo added that he is tired of backroom deals
between the international observers and the ELN made without
GOC knowledge. When he met with the Swedish Ambassador
recently, he was upset to find out that Sweden had already
approved giving Garcia over COP 190 milion (approximately
USD 86,000) for his general expenses in the coming months.
He also was not told until later that Norway was paying for
Garcia's trips between Havana, Caracas, and Bogota. The
Peace Commissioner was frustrated; he has tried on several
occasions to garner the Group of Friends, confidence and
support, but instead they pressure him to be more flexible
with the ELN.

--------------
TAKEN ABACK BY CASTRO, CHAVEZ, AND MORALES
--------------


6. (C) Restrepo related his experience in being on the
island simultaneously with Castro, Chavez, and Morales. He
came away fascinated and with a clearer idea of the extent of
the influence they had in the region. He was impressed to
see the level of support and representation that several
countries had at this gathering, including countries as small
as El Salvador. It made him realize that even though
Colombia is not interested in being part of this "new wave,"
it cannot avoid it. The Ambassador said Colombia's challenge
is to show the region that there are viable alternatives to
these leftist governments.
WOOD