CODEL LEVIN'S FACT-FINDING MISSION TO COLOMBIA

UNCLAS BOGOTA 001554 SIPDIS SENSITIVE STATE PASS TO USTR E.O. 12958: N/A TAGS: PREL ETRD OREP PGOV ECON CO SUBJECT: CODEL LEVIN'S FACT-FINDING MISSION TO COLOMBIA ¶1. (SBU) SUMMARY: U.S. Representative Sander Levin, Chairman of the Trade Subcommittee, visited Bogota, Medellin, and Cali from April 12-17. President Alvaro Uribe outlined GOC efforts to reduce violence against trade union members, increase resolution of labor cases, protect vulnerable groups and their right to strike, and improve conditions for workers. Rep. Levin characterized his visit as a "fact-finding" mission. He said the sequence of passage for the three outstanding trade agreements was unknown, adding that legislative changes made prior to the U.S. - Peru agreement would serve as a model for the U.S. - Colombia Trade Promotion Act (CTPA). Levin also met with Colombian cabinet officials, the Prosecutor General, the mayors of Medellin and Cali, union members, and numerous NGOs to discuss the processing and sentencing of union-affiliated cases, the GOC protection program, union registration, cooperatives, and the effectiveness of the demobilization process. The CODEL did not clear this cable. END SUMMARY. Uribe-Levin: An Examination Of Worker Rights -------------- ¶2. (SBU) Uribe began by encouraging Rep. Levin to look at Colombia's progression, including the demobilization of over 30,000 paramilitaries, the extension of state institutions, and the reduction of violence against unionists. He noted that during his administration there have been 184 sentences in labor victim cases, with only one sentencing existing before his election and a 100 percent success rate of the GOC protection program for unionist and other vulnerable groups. Uribe highlighted his July 2008 signing of Law 1210 that moved the authority to declare the legality of strikes to the judicial branch, allowing for arbitration 60 days after a strike at the request of both parties. He also pointed to Law 1233 requiring cooperatives to provide workers with social security coverage such as health, retirement, loans for housing and family support. Uribe said he planned to invest more that USD $20 million to further strengthen the labor process. ¶3. (SBU) Vice-President Francisco Santos added that in 2002 the GOC created a commission - comprised of the directors of the three major confederations (CUT, CTC, CTG),as well as the directors of the human rights offices within the Procuraduria, Ministry of Defense, Ministry of Social Protection and the International Labor Organization (ILO) - to travel nationwide to promote social dialogue on union issues. He noted that the GOC created this commission prior to CTPA discussions, reflecting the Uribe administration's independent prioritization of union rights. ¶4. (SBU) Rep. Levin responded that he was in Colombia on a "fact-finding" mission. He noted that he had made a similar trip to Peru during U.S. - Peru FTA negotiations. He suggested that the implementation of the labor changes in the Peruvian FTA could serve as a model for the Colombian FTA. Levin said it was impossible to predict the sequence or timeframes for passing the Colombia, Panama, and Korea FTAs, but noted that President Obama wanted to take a "fresh look" at all the agreements, ensuring that the benefits of expanded trade were widely spread. He added that USTR would take the lead on the negotiations, with a focus on worker rights. ¶5. (SBU) Rep. Levin said one of several important issues, regarding Colombian labor rights, was the rampant use of cooperatives and the proliferation of sub-contracting employment methods. He said Colombian cooperatives were structured in a way to prevent workers from independently organizing, and that the U.S. and Colombia needed to have an "honest discussion" about their proliferation and the low percentage of syndication participation. Rep. Levin said the real issue was not the provision of social security benefits through cooperatives, stating that such benefits actually worsened the situation, but rather the need to restructure legislation in order to displace cooperatives all together. Judicial Processing Of Labor Cases -------------- ¶6. (SBU) Prosecutor General Mario Iguaran highlighted the Fiscalia's (Prosecutor General's Office) efforts to end impunity for crimes against labor and human rights leaders, implement the accusatory justice system, investigate labor-related violence through the creation of a dedicated sub-unit, and resolve the 185 priority cases. He said that the results - 133 sentences convicting 269 in two years - represent significant progress. Iguaran added that no cases suggest that violence against unionists is state policy, or the policy of business groups. Iguaran acknowledged that the passage of time made it difficult to prosecute older cases and stay ahead of the case load with only three dedicated judges hearing the backlog of labor victim cases, but that they are making progress. In response to Rep. Levin's inquiry on the judges' provisional, rather than permanent, status, Iguaran noted that the Superior Judicial Council is responsible for appointing judges, not the Fiscalia. ¶7. (SBU) In a separate meeting, the three labor judges highlighted the main challenges in the sentencing process: the age of the cases/evidence dating to 1996; their responsibility to sentence union homicide cases even when union motives for the crime are not present; and U.S. extraditions which have made access to witnesses difficult. The judges said it was often impossible to find witnesses in their cases, and that they must take all cases from the Fiscalia's labor sub-unit that involve a union member -- even though they estimated that very few of the homicide cases presented to them were the result of union affiliation. In a meeting with the labor sub-unit, line prosecutors explained that the motives in homicide cases range from assumed guerrilla affiliation to common crime and personal disputes. The judges estimated that they have handled about 200 cases since 2007 and are currently carrying a caseload of 50 cases. ¶8. (SBU) Reinaldo Villalba, the director of a leading lawyers cooperative, and two colleagues from other judicial cooperatives noted the high level of impunity -- they estimated at 90 percent -- for perpetuators of labor crimes. Villalba highlighted the investigation of the former director of Colombia's intelligence agency, Jorge Noguera, for allegedly helping illegal elements intimidate and kill union activists, noting that the Fiscalia has not prioritized the sentencing of the case. Gustavo Gallon from the Colombian Commission of Jurists alleged the police, military and intelligence services are directly responsible for most union crimes, but the GOC refuses to investigate. Rather than solving the crimes, Gallon said the Fiscalia focuses on proving that union violence is not related to the victim's union affiliation. Each representative highlighted their personal security fears and need to have constant physical protection. Effectiveness of Protection Program -------------- ¶9. (SBU) Minister of Interior & Justice (MOIJ) Fabio Cossio told Rep. Levin that the USD $45 million protection program currently protects over 10,718 human and labor rights activists, opposition members, journalists, ethnic leaders, and other vulnerable individuals. Cossio reiterated that unionists represent almost 20 percent of protection program participants, though union representatives voiced concerns over MOIJ plans to privatize the program. Supreme Court Judge Maria del Rosario Gonzalez, former Supreme Court President Cesar Valencia Copete, and Auxiliary Judge Ivan Velasquez said they also receive protection from the Colombian National Police, but are seeking additional protection from the Inter-American Commission on Human Rights after being subjected to illegal surveillance, dirty tricks, and in one case, apparent attempted murder, by GOC officials. They claimed the GOC's campaign to discredit and intimidate them stemmed from its resentment over the Court's investigation of congressional ties with illegal paramilitary groups. Judge Velasquez said the harassment was also linked to the Court's conviction of former Congresswoman Yidis Medina for accepting a bribe in exchange for voting in favor of the constitutional amendment that allowed Uribe to run for a second term. Union Registration and Strike Legality -------------- ¶10. (SBU) Minister of Social Protection (MSP) Diego Palacio Betancourt and his senior staff briefed Rep. Levin on how the GOC manages registration of new unions, coordination mechanisms with the ILO, the primary role of the independent judiciary in determining the legality of strikes, and recent reforms in Colombian labor law. Palacio said the Constitutional Court had ruled that the MSP cannot deny applications to certify unions; only incorrect or incomplete applications can be returned for correction. Since the Court ruling, twelve unions have been registered, as opposed to 21 under the old (supposedly stricter) system. Palacio added that the independent Judiciary remains responsible for determining the legality of strikes (the GOC no longer has a role) using the example of a 2008 strike by Judicial branch officials that lasted five weeks. Palacio said the GOC would increase its current number of labor inspectors in 2009 from 273 to 408. Flower and Sugar Sectors: Prevalence of Coops -------------- ¶11. (SBU) Aida Silva, President of Untraflora, the leading flower-sector labor confederation, told Rep. Levin that the flower employers continued to resist worker attempts to organize. She said companies lay-off workers if they reach the requisite 25 members to form a union, or force workers to join "pocket unions" established by the company. The group said the MSP has recently denied some of the members requests to register a union despite the Constitutional Court ruling. Both Silva and the President of the National Sugarcane Cutters Union Ramon Palacios, said more than 75 percent of employees are hired through cooperatives. Palacios said there is less than 10 percent of direct hiring. Palacios said almost all employment is generated through associated coops or sub-contracting, adding that industry used schemes to prevent the cane cutters from receiving the legal minimum wage. Anti/Pro FTA Dispute -------------- ¶12. (SBU) Leaders from Colombia's largest labor confederations and unions (CUT, CTC, CTG) outlined their opposition to the CTPA: it would stifle Colombian industry; prevent integration among Andean countries; lead to a flood of agricultural imports with Colombian farmers unable to compete; threaten environmental protection with the increased presence of multi-national firms; increase prices of medicine; and result in the loss of USD $500 million in import duties. They said that unionists in Colombia are excluded from the political process and threatened for their union activities. Pro-CTPA representatives from textile, packaging and apparel unions in Medellin, however, highlighted that union numbers and good business practices would increase as Colombia itself developed, which required the passing of the CTPA. They also noted that they were not persecuted for their union leadership, but rather, praised by their colleagues. ¶13. (SBU) Representatives from the NASA indigenous group also said that the CTPA would negatively harm the rural poor. The NASA said each family in their group worked approximately one hectare of land to work, with the GOC's redistribution process delivering less than two percent of the land it agreed to redistribute in 2004. The reps noted that 60 percent of Colombia's land is in the hands of 0.5 percent of the population. They said the cumulative effect of the EU, Canadian, and U.S. FTAs would essentially bankrupt small farmers and that GOC programs (specifically AgroIngreso Seguro) to increase their access to credit and competitiveness, were not transparent, allowed for large operations in the small-scale category and only reached 10 percent of small-scale farmers. The director of Oxfam estimated that 28 percent of small farmers would be negatively affected by the CTPA and that Oxfam and USAID were collaborating on a joint study to access the risks of the CTPA on small-scale agricultural producers. Medellin: Examination of Demobilization Process -------------- -- ¶14. (SBU) Medellin Mayor Alonso Jaramillo Salazar told Rep. Levin that Medellin was the center of the demobilization process, with 4,400 paramilitaries from the Antioquia Department entering the process in 2004. He said given the large number, it was unrealistic to expect that organized crime, para, and narco groups would disappear from the area. Jorge Ceballos, the human rights Ombudsman in the mayor's office, said all but one of Medellin's neighborhoods still had a paramilitary presence. He noted that illegal groups still infiltrated legal organizations, highlighting the "Corporacion Democratica," undercutting the demobilization process (NOTE: Corporacion Democratica is a Medellin based NGO that represents demobilized paramilitaries and is directed by well-known former paramilitary leaders. END NOTE.) ¶15. (SBU) Salazar said the GOC needed to take further steps (i.e. establishment of a regional truth commission),for the reintegration process to truly succeed. He noted that in the Colombian context, the term paramilitary implies illegal armed groups that operate with state support. He dismissed human rights groups' claims that paras continue to operate in Medellin, reiterating that organized crime exists but that such groups do not receive state backing. In fact, he noted that the Colombian National Police had arrested two leading crime kingpins earlier that day. Salazar also said that no homicide based on union affiliation had occurred in Medellin since 2004. ¶16. (SBU) The Instituto Popular de Capacitacion (IPC),an organization that helps victims in Medellin participate in the Justice and Peace Law process, told Rep. Levin that the press presented an "imaginary and fake" picture about a more secure Colombia. They criticized the demobilization process and blamed the Colombian military for what they called its systematic practice of forced disappearances and extrajudicial killings. They expressed concern about the possible selection of Luis Camilo Ospina as the successor to Fiscal General Iguaran, saying he approved a military rewards program that provides payments to informants for information leading to the arrest or killing of guerrilla members -- which they said leads to extrajudicial killings. (NOTE: The term of Fiscal General Iguaran ends in July 2009. Uribe will present three nominees to the criminal chamber of the Supreme Court, which will then select the successor. Ospina, the current Colombian Ambassador to the Organization of American States, previously served as Minister of Defense. END NOTE.) Criticism of Uribe's Social Network Policies -------------- ¶17. (SBU) Liberal Party Senator Cecilia Lopez told Rep. Levin that Uribe's policies threatened Colombia's democracy and economic progress. She said that no social net exists for the unemployed and that 48 percent live below the poverty line. Lopez added that Colombia had the worst income distribution figures in Latin America (stating that under Uribe, 10 percent of the population controlled 45 percent of GDP),an unsustainable health system, unfair land distribution, and pension coverage that had not expanded since the 90s. Levin also questioned about the weak labor movement in Colombia, with Lopez responding that the union movement had never been strong in Colombia, but was further marginalized under Uribe by his labeling of union leaders as FARC and terrorists. Tripartite Agreement Discussion with ILO -------------- ¶18. (SBU) Levin questioned ILO program directors about the effectiveness of the Tripartite Agreement that established the representative office on November 2006, pointing to the outgoing Director's success in only obtaining agreements in two of 52 labor disputes brought before the Tripartite Commission. Rep. Levin also inquired when another permanent representative would arrive in Colombia. Beethoven Herrera, Director of the ILO's Social Dialogue Program, said ILO Geneva and the GOC would determine when a replacement would arrive and who the replacement would be. Currently, all labor disputes are brought before the ILO in Geneva through the Regional Office for Latin America and the Caribbean in Lima, Peru. ¶19. (U) The CODEL did not clear this cable. Nichols