COLOMBIA DCA TALKS MOVE AHEAD DESPITE OBSTACLES

C O N F I D E N T I A L BOGOTA 001334

SIPDIS

E.O. 12958: DECL: 04/23/2019
TAGS: MARR PREL MOPS PGOV MCAP KTIA PTER CO
SUBJECT: COLOMBIA DCA TALKS MOVE AHEAD DESPITE OBSTACLES

REF: A. BOGOTA 0438

B. BOGOTA 0955

Classified By: Ambassador William R. Brownfield
Reasons 1.4 (b and d)

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

1. (C) U.S. and Colombian delegations reached tentative
agreement on more than half of the draft text during round
three of the Defense Cooperation Agreement (DCA) negotiations
in Bogota on April 14-16. Still, key provisions remain
unresolved, with the GOC insisting it cannot meet some U.S.
requests without violating Colombian law. The GOC conceded
that these legal issues could be overcome if Colombia's
congress were to ratify the agreement, but stressed the Uribe
administration was unwilling to seek congressional approval
because of political sensitivities. The GOC considers
conclusion of the DCA to be conditioned on U.S. agreement to
address GOC requests for access to U.S. supplies in the event
of a national emergency and consideration of other
security-related assistance. The two delegations agreed to
meet again on May 19-21 to continue the DCA talks. End
summary.

DCA ROUND THREE
--------------

2. (C) U.S. and Colombian delegations convened in Bogota on
April 14-16 for the third round of negotiations on the DCA.
Deputy Foreign Minister ClemenciaForero, Deputy Defense
Minister Juan Pinzon, and Deputy Defense Minister Sergio
Jaramillo led the Colombian delegation. PM Senior Advisor
Ambassador Jackson McDonald headed the U.S. delegation
consisting of State and DOD representatives. The delegations
made slow but steady progress, reaching agreement on
approximately half of the proposed 27 articles in the draft
DCA agreement.

KEY STICKING POINTS REMAIN
--------------

3. (C) Still, several key provisions remain unresolved,
including issues related to jurisdiction, exemptions from
fees and inspection, the right to carry weapons, and waivers
of claims. Pinzon said that while he understood such terms
were critical from the U.S. perspective, the GOC could not
cede on these issues without risking a violation of Colombian
law. He conceded that these legal concerns could be overcome
if the agreement were to be submitted and approved by
Colombia's Congress, but stressed that President Uribe wanted
to avoid such a public debate due to domestic political
sensitivities. Pinzon acknowledged that with respect to some
of the contentious provisions, such as the right of U.S.
personnel to carry weapons, current practice (which allows
personnel to carry weapons) was working well. He cautioned,
however, that the GOC could not codify these practices in the
DCA because of legal and political constraints.


4. (C) Jaramillo told us after the negotiations concluded
that the U.S. was pressing for terms that the GOC simply
could not deliver. Insistence on these provisions could
scuttle a deal, and jeopardize existing arrangements
governing U.S. military personnel in Colombia. Colombian
Ambassador to the United States Carolina Barco told us
submitting the deal to Congress in the run-up to Presidential
and Congressional elections in 2010 could delay any agreement
and turn relatively non-controversial current cooperation
efforts into a political football.

DCA DEBATED IN THE PRESS
--------------

5. (U) An April 17 editorial in Colombian daily "El
Espectador" titled "The Mysterious Transfer of the Manta
Base" argued that the DCA issues should be debated publicly
and not in secrecy. The editorial discounted statements by
Foreign Minister Jaime Bermudez that the DCA were simply
accords aimed at increasing long-standing bilateral
counter-narcotics cooperation, arguing that "A U.S. base on
Colombian soil and the transfer of war equipment designed to
intimidate and exert pressure is no small matter." Leading
weekly "Semana" magazine carried an article on April 14
titled "Gringo Military Bases in Colombia?" quoting

ex-minister of Defense Rafael Pardo that it would be a
diplomatic error to permit U.S. bases in Colombia, since such
a move would compromise relations with Colombia's neighbors
and, possibly, the region.

GOC INSISTS ON QUID PRO QUO
--------------

6. (C) Pinzon said his instructions were to proceed as
quickly as possible on the DCA, but that progress on the DCA
was ultimately linked to additional agreements on security
assistance, such as GOC access to U.S. supplies and equipment
in the event of a national emergency. He noted such
assistance would be needed to help the GOC sell the DCA to
the Colombian public. Pinzon indicated that the GOC would
likely delay signing a DCA--if a final agreement on the text
is reached--pending resolution of the new GOC requests (the
so-called "Track II" issues.) Jaramillo told us on April 16
that the GOC's request for additional security commitments
comes from President Uribe.

NEXT STEPS
--------------

7. (C) Despite the obstacles, talks have progressed more
rapidly than is normal for this type of agreement, and the
delegations agreed to meet for a fourth round of DCA
negotiations in Colombia on May 19-21. The two sides also
agreed to continue exchanging proposals on remaining
bracketed text in the interim. Ambassador Brownfield and
Foreign Minister Jaime Bermudez discussed the status of the
talks on April 14, along with the possibility of putting
talks temporarily on hold (as current engagement continues)
in the event we are unable to overcome remaining differences
on "must have" provisions.


8. (U) This cable was reviewed by Ambassador McDonald.
BROWNFIELD

=======================CABLE ENDS============================