[Congressional Record Volume 146, Number 15 (Wednesday, February 16, 2000)]
[House]
[Pages H492-H493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SERIOUS QUESTIONS ABOUT COLOMBIA ASSISTANCE PACKAGE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Massachusetts (Mr. McGovern) is recognized for 5 
minutes.
  Mr. McGOVERN. Mr. Speaker, the administration has recently sent to 
Congress a request for $1.6 billion, primarily in military and security 
assistance, to be sent to the Government of Colombia over the next 2 
years. The majority of this assistance, namely $800 million to $900 
million, will be voted on next month as part of an FY 2000 supplemental 
appropriations bill. These monies will supplement the $300 million in 
mainly security assistance that the Congress has already approved for 
Colombia for fiscal year 2000. The remainder of the funds is requested 
for fiscal year 2001.
  The ostensible purpose of these funds is to cut the supply of drugs 
coming out of Colombia to the United States and to support Colombian 
President Pastrana's efforts to negotiate peace with guerilla factions 
and to reform government institutions.
  Now, I am sure that everyone in this Congress shares the 
administration's concerns about the threat to Colombia's democracy and 
development from narcotics traffickers, rebel forces, and paramilitary 
groups. And I am sure everyone in this Congress supports President 
Pastrana and the peace process in Colombia. These issues are not in 
question.
  What I do question is whether the proposed aid package for Colombia 
is the right aid program and the right policy for Colombia. I do 
question whether the aid under consideration will meet either the 
counternarcotics objective, let alone further the peace process.
  Our current policy, which has already involved hundreds of millions 
of dollars in assistance to the Colombian security forces, has not, I 
repeat, has not reduced coca cultivation in Colombia, the flow of 
cocaine or heroin to the U.S. from Colombia, or the profits of drug 
traffickers. Why do we believe that more of the same is better?
  I also question providing substantial assistance to the Colombian 
Armed Forces, which has a long and rotten history of human rights 
violations, including support for paramilitary groups. I question a 
package that does not address at all the problems posed by the 
paramilitary groups, which are responsible for the majority of human 
rights crimes, the internal displacement of more than 1.5 million 
Colombian peasants and who are more directly linked to drug lords than 
the guerillas.
  I urge my colleagues to not rush consideration of the Colombian 
supplemental. I urge my colleagues to ask the administration whether 
this is a counternarcotics strategy or a counterinsurgency strategy.
  I urge my colleagues to ask the administration how long they expect 
the United States will need to be in Colombia to accomplish even their 
stated objectives.
  This package is for 2 years, by which time most of the military 
equipment will be just arriving in Colombia. Are we going to be in 
Colombia for just 2 years, or for 4 years, or 6 years, or who knows how 
many years?
  I challenge the administration to explain how launching military 
operations in Colombia at a time when the peace negotiations are moving 
forward will help the peace process.
  Mr. Speaker, we must ask these questions now because later may be too 
late.
  I will just close by again urging my colleagues to carefully consider 
the implications of this aid package. Let us not rush to judgment on 
this package and do something that we will regret in years to come.
  Mr. Speaker, I include for the Record the following letter that the 
gentleman from Massachusetts (Mr. Moakley) and I sent to Secretary 
Albright about these issues:


[[Page H493]]




                                Congress of the United States,

                                 Washington, DC, February 3, 2000.
     Madeleine Albright,
     Secretary of State, U.S. Department of State, Washington, DC.
       Dear Secretary Albright: In the President's State of the 
     Union Address and in the media, it has been reported that the 
     Administration will submit a supplemental request to provide 
     as much as $600 million in counter-narcotics assistance to 
     Colombia, primarily assistance to the Colombian Armed Forces. 
     It is our understanding this is but one piece of an overall 
     $1.3 billion package, primarily of military, military-related 
     and counter-narcotics assistance.
       We share your concerns about the threat to Colombia's 
     democracy and economic development from narcotics 
     traffickers, rebel forces and paramilitary groups. However, 
     it is clear our current policy, which has already involved 
     hundreds of millions of dollars in assistance to the 
     Colombian security forces, has not reduced coca cultivation 
     in Colombia, the flow of cocaine or heroin to the U.S. from 
     Colombia, or the profits of drug traffickers. Rather than 
     increase funding for a strategy that has not proven effective 
     and requires even larger amounts of military assistance for 
     the foreseeable future, we believe the U.S. and other friends 
     of Colombia must provide stronger support for diplomatic 
     efforts to strengthen the peace process and promote stronger 
     economic and alternative development programs, thereby 
     creating the conditions necessary for a more effective 
     counter-narcotics strategy. These objectives should not be 
     relegated to poorly funded ``add-ons'' to large-scale 
     military assistance packages.
       We are also concerned about providing substantial 
     assistance to the Colombian Armed Forces, which has a long 
     history of human rights violations, including support for 
     paramilitary groups. Our concern is compounded by the lack of 
     accountability in the Colombian military for human rights 
     violations committed by military personnel. Even when 
     Colombian government prosecutors have abundant evidence 
     showing that high-ranking military personnel have committed 
     serious violations, these officers are rarely prosecuted 
     fully or punished. Recent measures by Colombia's leaders to 
     reform the Military Penal Code and criminalize torture, 
     genocide and forced disappearance are important steps 
     forward, but they are not yet final. Further, they do not 
     adequately address other crimes against humanity, such as 
     extrajudicial killings or the continuing lack of 
     accountability of military tribunals.
       The need for accountability is critical. If the U.S. does 
     provide assistance, it should be conditioned on the rigorous 
     application of the August 1997 ruling of Colombia's 
     Constitutional Court, which requires that crimes against 
     humanity allegedly committed by military personnel be 
     investigated and tried in civilian courts. Neither the 
     Colombian military nor the Superior Judicial Council has 
     abided by this Constitutional Court ruling: they have 
     continued to refer human rights cases to military tribunals. 
     We believe that as a condition of U.S. assistance to the 
     Colombian Armed Forces, the Government of Colombia take the 
     necessary measures to require the military to support 
     civilian jurisdiction in cases involving credible allegations 
     of human rights abuse by military personnel, including cases 
     where officers are accused of conspiring to commit or 
     facilitate murders and massacres. In this way, President 
     Pastrana can ensure that all cases involving human rights 
     abuses by military personnel are sent to civilian courts, 
     which are best equipped to investigate them impartially and 
     guarantee due process.
       The Administration should also provide periodic reports to 
     Congress on the number of Colombian military and police 
     personnel who are investigated, prosecuted and convicted of 
     human rights violations in both the civilian and military 
     justice system. The reports should include the sentences they 
     receive and the number suspended from active duty pending the 
     outcome of such proceedings. Such Administration 
     documentation will allow the Congress to assess the extent of 
     accountability by the Colombian military for human rights 
     violations.
       We also believe that U.S. assistance should be conditioned 
     on actions by the Colombian Government to ensure that all 
     links, at all levels, between the Colombian security forces 
     and paramilitary groups are severed. U.S. assistance should 
     not be provided to those who aid or abet or tolerate the 
     activities of paramilitary groups, which are most responsible 
     for internally displaced people, as well as responsible for 
     human rights violations and narcotics trafficking. The 
     capture of paramilitary leaders would be an important measure 
     of the Colombian government's commitment to this goal.
       For Congress to be able to assess the extent to which the 
     links between the military and paramilitary groups have been 
     severed, the Administration should provide periodic reports 
     on the enforcement by the Colombian National Police and the 
     Armed Forces of outstanding arrest warrants against 
     paramilitary leaders and members, the suspension from active 
     duty of military personnel credibly alleged to have aided or 
     abetted the activities of the paramilitaries, and the 
     prosecution in the civilian justice system of military 
     personnel for human rights violations, including murder and 
     conspiracy to commit murder, committed in the course of their 
     support for paramilitary groups.
       As you well know, respect for human rights and 
     accountability for human rights violations require a civilian 
     court system that functions effectively. Our assistance 
     should include, therefore, funds to strengthen Colombia's 
     civilian justice system. This should include reform of the 
     rules governing disciplinary proceedings carried out by the 
     Colombian Government's Office of the Procuraduria against 
     members of the military and police. These reforms should also 
     include the elimination of the statute of limitations on 
     crimes against humanity and the establishment of a policy to 
     immediately dismiss and prosecute in civilian courts any 
     officers found responsible for such crimes.
       It is vitally important that U.S. assistance to Colombia be 
     used to support human rights organizations and monitors, 
     protect the security of human rights defenders, and 
     strengthen non-governmental organizations and civil society. 
     U.S. Embassy personnel should also investigate reports of 
     human rights violations in accordance with the purposes of 
     the Leahy provisions enacted into law (Section 564, PL 106-
     113 and Section 8098, PL 106-79).
       As you prepare to send to Congress your proposal for 
     increased assistance to Colombia, we hope you will seriously 
     consider these important issues. As always, we look forward 
     to working with you to achieve our shared goals of supporting 
     a democratic Colombia, where the human rights and welfare of 
     its people are safeguarded.
           Sincerely,
                                                James P. McGovern,
                                               Member of Congress.
                                              John Joseph Moakley,
     Member of Congress.

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