Nongovernmental Letters on Human Rights and U.S. Aid to Colombia

LAWG and Other NGOs Express Support for Human Rights Defenders in Colombia

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Declaración de apoyo a los Defensores de Derechos Humanos de Colombia

En los últimos meses, se ha registrado un alarmante incremento en los ataques y amenazas en contra de los defensores de derechos humanos y líderes de la sociedad civil colombiana. Las organizaciones de derechos humanos, asociaciones de víctimas, grupos indígenas, defensores de los derechos laborales y periodistas y medios independientes, todos ellos de prestigio internacional, han sido víctimas de asesinato y de amenazas de muerte a través de correo electrónico y de robos tanto en sus oficinas como en sus hogares aparentemente para encontrar información. Estamos sumamente preocupados por la seguridad de todos aquellos que están siendo acosados y amenazados. También nos preocupa la posibilidad de que esta ola de ataques contra la libertad de expresión coarte la capacidad de la sociedad civil colombiana de trabajar por la paz y lograr un mayor respeto por los derechos humanos. Instamos al gobierno colombiano y a nuestro propio gobierno en sus niveles más altos a unirse a nuestra preocupación por tales amenazas y a reconocer el trabajo que emprenden esos líderes civiles y sus organizaciones hacia la construcción y protección de una sociedad democrática.

Adam Isacson
Director of Programs
Center for International Policy

Viviana Krsticevic
Executive Director
Centro por la Justicia y el Derecho Internacional (CEJIL)

Heather Hanson

Executive Director
U.S. Office on Colombia

T. Michael McNulty, SJ
Justice and Peace Director
Conference of Major Superiors of Men

James R. Stormes SJ
Secretary for Social and International Ministries
Jesuit Conference

Mark L. Schneider
Sr. Vice President
International Crisis Group

Neil Hicks
Director of International Programs
Human Rights Defenders Program

Kristele Younes
Advocate
Refugees International

Lisa Haugaard
Executive Director
Latin America Working Group

Stephen Coats
Executive Director
U.S./Labor Education in the Americas Project

Barbara Gerlach
Colombia Liaison
United Church of Christ, Justice and Witness Ministries

Gimena Sanchez-Garzoli
Senior Associate for Colombia and Haiti
Washington Office on Latin America

Susana Pimiento-Chamorro
Colombia Program Coordinator
Fellowship of Reconciliation, Task Force on Latin America and the Caribbean

Rev. John L. McCullough
Executive Director and CEO
Church World Service

John I. Laun
President
Colombia Support Network

Erik Cooke
Program Associate
Witness for Peace

Anne Barstow
Coordinator of Colombia Programs
Presbyterian Peace Fellowship

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NGOs Send Secretary Rice Letter on the San Jose de Apartado Massacre

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The Honorable Condoleezza Rice
U.S. State Department
2201 C Street NW
Washington, DC 20520

Dear Secretary of State Rice,

We, the undersigned non-governmental organizations, write to express our profound concern and deepest condemnation of the recent massacre of eight civilians, including three children, in the hamlets of Mulatos and Resbalosa, a few miles from the peace community of San José de Apartadó, Colombia. In light of allegations of involvement by members of the Colombian military, it is essential that the U.S. government send a strong signal by insisting that an effective investigation be conducted by civilian authorities. The State Department must include this case in its evaluation of Colombian compliance with U.S. human rights conditions, and must refrain from certification until a credible investigation has been completed.

According to information received from the field, between February 21 and 22 Luis Eduardo Guerra, a well-known leader of the San José de Apartadó Peace Community, his eleven-year-old son and his companion were detained by armed men who identified themselves as belonging to the Colombian military. Alfonso Bolivar Tuberquía, a member of the Peace Council of the hamlet in Mulatos, and his family also disappeared. Several local people later discovered blood and human remains in two sites in the area.

On February 25, the Peace Community organized a fact-finding mission to the hamlets of Mulatos and Resbalosa. At the same time, a governmental judicial commission carried out an exhumation of the grave found on the farm of Mr. Tuberquía and found mutilated bodies (three adults and two children, aged six and two years old). In La Resbalosa, members of the community recognized the bodies of Luis Eduardo Guerra and his family. It is shocking that a community which is the recipient of provisional protection measures from the Inter-American Court of Human Rights, and for which the Colombian Constitutional Court requested effective protection measures in March 2004, would be subjected to such a brutal and cruel attack.
The judicial commission itself came under attack, resulting in the death of one policeman. Police sources allege that the attack on the commission was carried out by the FARC. We vigorously condemn the attack upon judicial authorities and call for a thorough investigation into this incident as well.

In light of the allegations of military involvement in the killing of members of the San Jose de Apartadó community, we ask that your office not certify Colombian compliance with the human rights conditions, until such time as the Colombian government has conducted a transparent, impartial, effective investigation into the massacre, and is proceeding to prosecute those responsible. Given the nature of the crimes, prosecution must take place within the civilian justice system.

In addition, the Department of State should undertake the following actions:

- Direct the U.S. Embassy to release a public statement condemning the massacre, expressing concern for the safety of the residents of the community and calling on the Colombian government to ensure that civilian judicial authorities conduct a full and impartial investigation into the killings of these eight persons;

--Insist that the Colombian Government take effective measures to ensure the safety of the residents of San José de Apartadó community and the Colombian non-governmental organizations who have denounced the crimes. Protective actions should be fully consulted with the community, as required by the Inter-American Court of Human Rights' provisional measures.

-Encourage the U.S. Ambassador to visit the community to express condolences on behalf of the people of the United States for the losses suffered, and to show support for the safety of the community.

Colombian and international human rights organizations have repeatedly opposed the certification of the human rights conditions because of continuing evidence of collaboration between sectors of the armed forces and paramilitaries, and because of evidence of human rights violations directly committed by members of the armed forces. Effective, impartial investigation and prosecution by civilian authorities in this new case is a minimally necessary step, but it should not be considered sufficient to justify compliance. The Department of State should thoroughly review the requirements for vigorous investigation and prosecution, and the severing of ties with paramilitaries, before again certifying compliance.

In closing, we ask that your office inform us as to the actions taken to ensure justice for Luis Eduardo Guerra, his family and colleagues.

Thank you for your attention to this important matter.
Sincerely,

Alexandra Arriaga
Director for Government Relations
Amnesty International USA

Joy Olson
Executive Director
Washington Office on Latin America

José Miguel Vivanco

Executive Director for the Americas
Human Rights Watch

James R. Stormes SJ
Secretary, Social and International Ministries
Jesuit Conference

Rev. Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)

Pat Clark
Executive Director
Fellowship of Reconciliation

Cristina Espinel and Kelleen Corrigan
Co-Chairs
Colombia Human Rights Committee

Adam Isacson
Program Director
Center for International Policy

Krisanne Vaillancourt Murphy
Executive Director
Witness for Peace

Mary Ellen McNish
General Secretary
American Friends Service Committee

Todd Howland
Director
Robert F. Kennedy Memorial Center for Human Rights

Kenneth H. Bacon
President
Refugees International

Patricia Burkhardt
Legislative Officer
Church Women United

Neil Jeffery
Executive Director
U.S. Office on Colombia

Saul Murcia
Co-Director Latin America & Caribbean
Mennonite Central Committee

Shannon Lockhart
Administrator
Sister Parish, Inc.

Barbara Gerlach
Colombia Liaison
United Church of Christ Justice and Witness Ministries

Kathryn Wolford
President
Lutheran World Relief

Max L. Gimbel
Director of Research
Guatemala Human Rights Commission

Phil Jones
Director
Church of the Brethren Witness/Washington Office

Gary L. Cozette
Director
Chicago Religious Leadership Network on Latin America

Martha Pierce
Director
Chicago Metropolitan Sanctuary Alliance

Ted Lewis
Human Rights Program Director
Global Exchange

Bob Schwartz
Executive Director
Disarm Education Fund

Tom Bamat
Representative for Colombia
Maryknoll Office for Global Concerns

Marino Córdoba
Executive Director
Afrodes–USA

Pam Bowman
Legislative Coordinator
School of the Americas Watch

Terry Collingsworth
Executive Director
International Labor Rights Fund

Peter Laarman
Executive Director
Progressive Christians Uniting

Dr. Rita Nakashima Brock
Director
Faith Voices for the Common Good


To reply to this letter, respond to: Lisa Haugaard, Executive Director, Latin America Working Group, 424 C Street NE, Washington, DC 20002.


Cc: Ambassador William Burns, Acting Undersecretary of State for Political Affairs
Roger Noriega, Assistant Secretary of State for Inter-American Affairs
Ambassador Michael Kozak, Acting Assistant Secretary of State,
Bureau of Democracy, Human Rights and Labor
Danika Walters, Program Officer, Bureau of Democracy, Human Rights and Labor
Lisa Bobby Hughes Schreiber, Director, Office of Andean Affairs
Heather Merritt, Colombia Desk Officer

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Letter to Secretary of State Condoleezza Rice from 11 U.S. NGOs regard

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The Honorable Secretary of State Condoleezza Rice
The State Department
2201 C Street NW
Washington, DC 20520

Dear Secretary Rice,

We the undersigned non-governmental organizations of the United States wish to express our support for the donor conference in Cartagena. We consider the process initiated in London to be an extraordinary opportunity for the international community to support the Colombian people and institutions in their efforts to develop solutions to the country's severe problems, exacerbated by more that 40 years of armed conflict. In particular feel it is important to recognize the critical role of Colombian civil society in shaping the process, and the support that they have received from the G-24 group of international governments.

We welcome the possibility of new economic and social aid for Colombia to address the impact of the internal armed conflict. However we believe strongly that U.S. support to Colombia should be more than just financial aid; rather it should improve the security of all Colombians, strengthen the rule of law, increase respect for human rights and international humanitarian law and assist in the search for a negotiated settlement to the conflict. We feel that support for the recommendations of the UN High Commissioner for Human Rights as set out in the London declaration is the most appropriate and effective way to achieve these goals.

While we look favorably on any advance in the peace process, we are seriously concerned that without a legal framework in place the present demobilization plans are effectively granting impunity to AUC members responsible for gross human rights violations and failing to dismantle paramilitary structures. The Inter-American Commission on Human Rights in a recent report confirmed that the "demobilisation mechanisms have not been accompanied by comprehensive measures to provide relief to the victims of the violence or to clarify the many criminal acts that remain in impunity...therefore the factors generating the conflict in large measure persist"

In particular, we urge that the final declaration

1) recognize the process established in London in July 2003;

2) recognize the critical role of civil society in shaping the future of Colombia, and provide mechanisms by which the G-24 group can continue to support dialogue between the Colombian authorities and civil society;

3) recognize the fundamental contribution of the United Nations in developing solutions to the conflict, particularly through the work of the UN High Commissioner for Human Rights, and the Secretary General's Special Representative;

4) urge the Colombian Government to make demonstrable and timely progress in complying with the recommendations of the UN High Commissioner for Human Rights;

5) establish as a fundamental prerequisite to any international funding for the paramilitary demobilization process the inclusion of a legal framework finalized by the Colombian Congress, that satisfies requirements for truth, justice and reparation in compliance with standards and principles of international law, accompanied by an appropriate mechanism for effective implementation and verification;

6) explicitly recognize the existence of an armed conflict in Colombia, requiring full observance of international humanitarian law.

We appreciate your attention to this matter.

Sincerely,

Neil Jeffery
Executive Director
U.S. Office on Colombia

Joy Olson
Executive Director
Washington Office on Latin America

Adam Isacson
Director of Programs
Center for International Policy

Lisa Haugaard
Executive Director
Latin America Working Group *

Stephen Coats
Executive Director
U.S./Labor Education in the Americas Project

Krisanne Vaillancourt
Executive Director
Witness for Peace

British Robinson
National Director of Social and International Ministries
Jesuit Conference USA

Cristina Espinel and Kelleen Corrigan
Co-Chairs
Colombia Human Rights Committee

Barbara Gerlach
Colombia Liaison
United Church of Christ Justice and Witness Ministries

Jacqueline Baker
Legislative Coordinator
School of the Americas Watch

Sr. Marta Inés Toro, OP
Justice and Peace Coordinator
Dominican Sisters of the Presentation


* Organization designated for identification purposes only

Cc
Andrew Natsios, Administrator, United States Agency for International Development
Michael Kozak, Principal Deputy Assistant Secretary, Bureau of Democracy, Human Rights and Labor, United States Department of State
Danika Walters, Program Officer, Bureau of Democracy, Human Rights and Labor, United States Department of State
Heather Merritt, Colombia Desk Officer, Bureau of Western Hemisphere Affairs, United States Department of State

Senator Christopher Dodd
Senator Russell Feingold
Senator Patrick Leahy
Senator Mitch McConnell

Representative Jim Kolbe
Representative Nita M. Lowey
Representative James P. McGovern
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Latin America Working Group
424 C Street NE
Washington DC 20002
Phone: (202) 546-7010
Email: lawg@lawg.org

© 2009 Latin America Working Group