USLEAP Impunity Report: Little Progress in Colombia

A new report released in late September by USLEAP shows that the Colombian government made virtually no progress in 2008 in addressing impunity for violence against trade unionists.   In 2008, the Colombian government produced sentences in the cases of assassinations of 49 trade unionists.   In the same year, 49 more trade unionists were assassinated (an increase over 39 murdered in 2007).  Net progress on impunity in 2008 was therefore zero.

The report analyzes all sentences and convictions achieved by special judges in 2008.  Special courts and prosecutors were set up in 2006 as part of an agreement with the International Labor Organization to prosecute cases of violence against trade unionists and began full operations in 2007.  In 2008, USLEAP also produced a report analyzing the previous year’s convictions.

New in 2008 were sentences resulting from the controversial Justice and Peace process, under which paramilitaries receive reduced sentences for confessions.  Although confessions from the Justice and Peace process have resulted in the identification of many intellectual authors, the overall weakness of this process means that in many cases material authors, state actors, and other case details will never be revealed, and many guilty parties will never be tried or sentenced.

More than half of the cases that led to sentencing of guilty parties resulted from the Justice and Peace process; the specialized investigators and prosecutors actually took fewer cases to specialized judges than in 2007.The 2008 impunity report will be available upon request or on the USLEAP website after October 1.  

USLEAP Submits FTA Comments to USTR

Findings of the 2008 impunity report formed the basis for a September 15 USLEAP submission to the U.S. Trade Representative arguing that the Colombian government has failed to take adequate progress in addressing violence and impunity or in addressing serious deficiencies in labor law and its enforcement, including permitting the use of subcontracting by employers to deny workers their rights.  

USLEAP joined with a broad range of other groups who submitted testimony in issuing a common press release to bring attention on reasons in addition to worker rights concerns for opposing the Colombian FTA, including its impact on farmers, consumers, healthcare, and the environment.  Copies of USLEAP’s comments are available upon request or on the website.  

DAS Scandal Threatens Union Protection Programs

As previously reported, the government’s top security and intelligence agency, the Administrative Department of Security’s (DAS), was found this year to be conducting illegal surveillance of unions, human rights organizations, political opponents, and members of the judiciary.  New disclosures threaten the integrity of a U.S.-funded program to protect trade unionists in Colombia.  As the Latin America Working Group reports, “Information from the protection program about the bodyguards, the kind of protective measures and daily routines was evidently leaked to the DAS office conducting the illegal surveillance.  In this way, the program that the Colombian government has established for the express purpose of protecting trade unionists and human rights defenders was used to undermine the very people it was designed to protect, in ways that may have even compromised their safety.”  As reported by The New York Times on September 17, DAS’s illegal surveillance is continuing, despite being exposed and denounced.

Obama Pursues Military Option

Despite the multiple scandals in Colombia including the ongoing extrajudicial killings of civilians by armed forces, the DAS scandal (above), and the continuing revelations of close relationships between governmental leaders and paramilitary groups responsible for widespread human rights violations and crimes against humanity, the Obama Administration is showing strong support for the Colombian military and appears intent on pursuing a policy with Colombia that places a high emphasis on a military solution to the internal conflict and drug interdiction.  

The Colombian labor movement has long opposed the militarization of U.S. policy towards Colombia as reflected in Plan Colombia and its emphasis on military aid.   Unfortunately, the Obama Administration’s first foreign aid package, now circulating through Congress, maintains roughly the same level of military aid as last year and only makes some modest changes in improving economic aid.   

Increased US Military Presence?

Even more troubling, there are strong indications that the two governments are considering a deal that would permit the U.S. military to use between two and seven Colombian military bases.  While the U.S. government has yet to openly discuss any of the issues related to this possible agreement, Colombia’s neighboring Latin American countries have expressed serious concern that these will become satellite bases for U.S. military operations in Latin America.  U.S. presence at Colombian military bases would strengthen relations with the Colombian military despite its ongoing, well-documented violations of human rights. 

State Department Certifies Progress on Human Rights

The U.S. State Department determined and certified in September that the Colombian government has made sufficient advances in human rights to receive the full amount of military aid appropriated by Congress, about 30%  of which is by law subject to human rights certification.

While the State Department’s statement mentions its respect for Colombian human rights organizations, the freeing of these funds gives the Colombian government and its military forces the fuel to continue violating rights for another year.  The Obama administration has missed an opportunity to stand up for human rights in Colombia.