ECUADOR TAKES COLOMBIA TO ICJ ON SPRAYING

C O N F I D E N T I A L QUITO 000312

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/06/2014
TAGS: PREL SNAR PHUM ICJ EC CO
SUBJECT: ECUADOR TAKES COLOMBIA TO ICJ ON SPRAYING


Classified By: Acting DCM Douglas Griffiths for Reasons 1.4 (b&d)


1. (C) Summary: Ecuador filed suit at the International
Court of Justice (ICJ) at The Hague on March 31, seeking a
decision by the ICJ that Colombian spraying violated
Ecuador's sovereignty and requiring Colombia to refrain from
further aerial spraying and pay reparations to Ecuadorians
for alleged harm caused by the spraying. The President
portrayed the action essentially as retaliation against
Colombia for the March 1 attack and bilateral problems since,
but the Foreign Minister tried to keep some distance between
the two issues. MFA documents on the ICJ case discuss the
harmful effects of glyphosate spraying, but do not
specifically cite impartial scientific studies and instead
point to statements by Colombian "experts". (End Summary)

GOE MARSHALS ARGUMENTS AGAINST AERIAL ERADICATION


2. (SBU) On March 31, Ecuador filed a suit at the Hague
seeking a decision by the ICJ forcing Colombia to halt
spraying herbicides within six miles of the border and to pay
for damages caused by the spraying. Foreign Minister Maria
Isabel Salvador stated on March 31 that Ecuador has tried to
get Colombia to stop the spraying for seven years and the
"diplomatic process has run out." Salvador also said that
Ecuador had sufficient evidence that the aerial dispersions
had crossed the border and "as a result, the health and
economics of numerous Ecuadorians have been seriously
affected." Ecuador has repeatedly complained that although
Colombia suspended its aerial eradication program in February
2007, it has not promised it will not resume spraying in the
future, and has refused to acknowledge the alleged damages
caused by dispersion. Salvador called the proximity in
timing with Ecuador-Colombia tensions following the March 1
Colombian incursion only a coincidence of timing. President
Correa had given a very different impression during his radio
address on March 29, saying the GOE would provide a
"significant response" to the Colombian incursion on March 31.


3. (SBU) Following Foreign Minister Salvador's April 1
briefing to the diplomatic corps, the MFA provided binders of
two documents, a "White Paper on Ecuador's Suit Against
Ecuador" and an "Application of the Republic of Ecuador
Against Colombia" (provided to the Ecuador desk via fax).
The GOE invokes articles 36(1) and 40 of the Statute of the
Court and Article 38 of the Rules in the Application against
the GOC, and states that the ICJ has jurisdiction over the
dispute by virtue of the American Treaty of Pacific
Settlement of Disputes of 1948 ("Pact of Bogota"),as well as
the 1988 U.N. Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances.


4. (U) The Application claims that dispersion from the
spraying program has been carried across the Ecuadorian
border, and "on some occasions aircraft participating in
Colombia's fumigation operations have, without authorization,
crossed into Ecuadorian airspace and sprayed within the
territory of Ecuador." The GOE cites specific adverse health
effects and damage to crops and ecosystems. It refers to the
twice convened bilateral scientific commissions, noting that
the negotiations were unsuccessful. The Application states
that Colombia has refused to disclose the contents of
chemicals employed in its spraying program, and discusses the
(allegedly) toxic effect of glyphosate, especially when used
in conjunction with surfactants.


5. (C) The Application emphasizes Ecuador's biodiversity in
the northern border region, as well as the human rights and
fundamental freedoms of the indigenous peoples populating the
area. The Application and White Paper also provide a brief
recap of Ecuador's "attempts at a diplomatic settlement of
the dispute." Note: It is interesting that the White Paper
and Application fail to cite specific reports, choosing
instead to refer to studies conducted within Colombia.
Jewell