DRL A/S KRAMER VISIT FOCUSES ON HUMAN RIGHTS

C O N F I D E N T I A L BOGOTA 003094

SIPDIS

E.O. 12958: DECL: 11/22/2016
TAGS: PHUM PGOV KJUS CO
SUBJECT: DRL A/S KRAMER VISIT FOCUSES ON HUMAN RIGHTS
PROGRESS AND CHALLENGES IN COLOMBIA

Classified By: Political Counselor John S. Creamer. Reason: 1.4(b,d)

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


1. (SBU) On August 20-21, DRL Assistant Secretary David
Kramer visited Colombia to focus on human rights issues,
extrajudicial killings, internally displaced persons (IDPs),
and dialogue between civil society and the GOC. Prosecutor
General Mario Iguaran and Defense Minister Juan Manuel Santos
highlighted GOC progress in fighting impunity and improving
security; human rights groups claimed the situation in the
countryside has deteriorated since 2002. Human rights groups
raised concerns that the extradition of 15 paramilitary
leaders to the United States would undercut the Justice and
Peace Law (JPL) process, but GOC officials said they have a
commitment from the Department of Justice to facilitate
access to the fifteen. UN High Commissioner for Human Rights
(UNHCHR) official Jesus Pena told us preliminary reports show
that Defense Ministry reforms to combat extrajudicial
killings may be having an impact. End Summary.

-------------- -
PROGRESS HIGHLIGHTED/CONTINUED PROGRESS A MUST
-------------- -


2. (SBU) Prosecutor General (Fiscal) Mario Iguaran, Defense
Minister Juan Manuel Santos and Vice Interior and Justice
Minister Isabel Nieto (MOIJ) reviewed GOC progress in
reducing murder rates, increasing investigations and
convictions, improving the military's human rights
performance, and protecting vulnerable individuals, and
restoring land to victims. Iguaran, Santos and Isabel Nieto
highlighted improved interagency cooperation and
communication, especially on such issues as trafficking in
persons, extrajudicial killings, and human rights
prosecutions. Assistant Secretary (A/S) Kramer stressed that
Colombia should be proud of its progress, but noted that more
needs to be done. Further progress in prosecuting labor
violence, implementing MOD Directives on extrajudicial
killings, and supporting indigenous and Afro-Colombian
communities is key.


3. (C) In a separate meeting with human rights groups,
including the Comision Colombiana de Juristas (CCJ),
Asociacion para la Promocion Social Alternativa (MINGA),
Movimiento Nacional por los Derechos Humanos de las
Comunidades Afrocolobianas (CIMARRON),Fundacion Restrepo
Barco, and the Corporacion Colectivo de Abogados, human
rights activists said the human rights situation has
deteriorated since 2002, with increases in extrajudicial
killings, political violence, and forced displacement. CCJ's
Gustavo Gallon alleged that over 4000 people have been killed
since 2002 by paramilitaries or state actors, adding that
human rights defenders face constant threats from criminal
groups. MINGA'S Gloria Florez said President Uribe's
criticism of the Supreme Court undermines the separation of
powers, and urged the international community to support
Colombia's judiciary. Juan De Dios Mosquera of CIMARRON
called for affirmative action programs for Afro-Colombians.



4. (U) In contrast, Mario Gomez of the Fundacion Restrepo
Barco stressed lowered murder rates, higher conviction rates
under the new oral accusatory judicial system, and
improvements in poverty levels as signs that the human rights
situation is improving. He raised the issue of health care
as a critical problem the state has not yet addressed, but
stated that GOC policies seemed to be helping, not hurting,
social welfare and human rights in Colombia.


5. (U) A/S Kramer highlighted USG assistance on human rights
issues, including programs to strengthen the Fiscalia's Human
Rights unit and forensic capabilities to identify bodies
found in common graves. The latter is important to give
closure to victims' families. These initiatives were
well-received by the human rights groups, many of which work
on victims' issues.

-------------- ---
GOC - CIVIL SOCIETY INTERACTIONS NEED TO IMPROVE
-------------- ---


6. (SBU) In all of his meetings, Kramer stressed that
dialogue between the GOC and civil society is an essential

part of democratic society. He urged the GOC to reach out to
civil society to improve communication and overcome
polarization. Santos and Iguaran agreed their institutions
could do more outreach to civil society. Santos told A/S
Kramer he had asked the UNHCHR to organize a meeting with
human rights groups and the Minister in the near future.
Nieto said the MOIJ is in regular contact with civil society,
but agreed that communication could always improve.


7. (U) Human rights groups voiced frustration over their
lack of access to GOC institutions, complaining that their
comments and suggestions are usually ignored. They agreed
that better communication would help improve the
relationship, but said that as long as senior GOC officials
(Presidential advisor Jose Obdulia Gaviria and President
Uribe himself) continued to publicly accuse human rights
defenders of terrorist or guerrilla links, relations would
remain cool. In his meetings with GOC officials, A/S Kramer
stressed the need to be more circumspect in rhetoric about
NGO activists.

-------------- --------------
EXTRADITIONS REMAIN A CONCERN, BUT ACCESS WILL CONTINUE
-------------- --------------


8. (SBU) Human rights groups consistently raised concern
that the GOC's extradition of 15 paramilitary leaders to the
United States on narcotics charges would halt the Justice and
Peace Law (JPL) process just when those para leaders had
begun to cooperate with the judiciary. The extraditions
would limit victims' access to the paramilitaries' testimony,
undermining efforts to obtain truth and reparations. Iguaran
agreed that the paramilitary leaders' testimony was critical
to the JPL process, and said the Fiscalia has a commitment
from the Department of Justice to facilitate access to them.
He said it was too early to judge the access issue, since the
para leaders were negotiating plea agreements and would not
testify until that process was completed.


9. (SBU) Ambassador Brownfield said any plea agreements
negotiated with the former paramilitaires would include
commitments to cooperate with Colombian authorities. The
terms of the sentences being discussed so far have ranged
from 17 to 35 years, much more than the para leaders would
have served in Colombian jails under the JPL. Iguaran
stressed that the extraditions were not a GOC "conspiracy" to
silence the paramilitaries, but rather a tool to pressure
other paras involved in the process to cooperate. He said
the Fiscalia has already seen a positive effect on other
participants in terms of cooperation. The extraditions also
prevented the para leaders from continuing their illegal
activities from Colombian prisons. A/S Kramer offered to
help facilitate greater transparency in the process to human
rights groups.

-------------- --------------
IDP DEFINITIONS IN DEBATE, RESPONSE NEEDED REGARDLESS
-------------- --------------


10. (SBU) Local UN High Commission on Refugees (UNHCR) and
International Committee of the Red Cross (ICRC)
representatives Jean Wetterwald and Christopher Beney
discussed the IDP issue. Wetterwald said the number of IDPs
remains high at 200-250 thousand new cases a year. He
attributed this primarily to Colombian military efforts to
regain control of areas previously controlled by the FARC, as
well as fighting between new criminal groups in rural areas
for control of drug routes, coca fields, etc. Many IDPs are
displaced multiple times while others do not register, making
it difficult to find accurate numbers year to year. Still,
he said overall estimates of IDPs are inflated, since there
is no agreed process to determine when an IDP has resettled
and should no longer be included in IDP numbers.


11. (C) Beney said the ICRC has helped fewer IDPs than in
years past, in part because they do not consider those
displaced due to violence by new criminal groups (such as
Aguilas Negras) to be victims of a conflict. The ICRC also
excludes individuals leaving areas subject to coca
eradication. These people deserve assistance, but do not
meet the ICRC's criteria for IDPs. Vice Defense Minister
Sergio Jaramillo said the continuing high IDP numbers are
counterintuitive, noting that the FARC is being forced each
year into less populated areas, and that the levels of
violence by new criminal groups are substantially less than
those of paramilitary groups in the past. Wetterwald

stressed that regardless of the definitions used, the number
of IDPs remains high and requires a continued strong response
by the GOC and international community.

-------------- --------------
EXTRAJUDICIAL KILLINGS BECOMING CENTRAL TO HUMAN RIGHTS
-------------- --------------


12. (C) Human rights groups and UNHCHR official Jesus Pena
said extrajudicial killings by Colombian security forces
remain a serious problem. Pena said the UNHCHR works closely
with the MOD and the committee set up by Santos to address
this issue, and he praised the GOC's political will to
resolve this problem. Still, he said that while the GOC and
the Jesuit human rights group/think tank CINEP reported lower
numbers of alleged killings in the second half of 2007, the
UNHCHR did not see that trend replicated in its own figures.
Pena noted that the recent "International Observer Mission"
report on extrajudicial killings contains much higher numbers
than the UNHCHR; his office could not address the accuracy of
the report's figures. He said the Observation Mission's
numbers also show the number of alleged killings falling from
roughly 240 in the first six months of 2007 to 100 in the
latter half of the year.


13. (U) Santos shared human rights groups' concerns with
extrajudicial killings and reviewed MOD efforts to eliminate
this problem. The Colombian military has tried to change the
paradigm, shifting from a promotion/assignments/benefits
system that rewarded "body count" to a system that encourages
captures and demobilizations. He said changing the culture
of any large institution requires time. Armed Forces
Commander Padilla and Vice Minister Jaramillo are visiting
each brigade and battalion to stress the importance of this
change. Santos said that while killings continue to occur,
GOC numbers show a falling trend line. Jaramillo pointed out
that Colombia is fighting multiple armed actors under its
ordinary legal system, since Colombia's Constitution only
allows for extremely limited states of exception. This
complicates the legal framework for armed action, and
underscores the need for clear rules of engagement.


14. (U) A/S Kramer has cleared on this cable.
BROWNFIELD