The following "Dear Colleague" letter was sent by Rep. Jan Schakowsky to Congress on July 10, 2002. The letter urged other members of Congress to sign onto a letter to Secretary Powell expressing concerns over the State Department's decision to certify that Colombia was making progress on human rights. The letter to Powell, with signers, follows.

Dear Colleague:

I hope that you will join me in signing the attached letter to Secretary of State Colin Powell regarding the recent State Department decision to certify that Colombia has complied with human rights conditions. The conditions are included as section 567 of the Foreign Operations Export Financing, and Related Programs Appropriations Act of 2002. It is imperative that the United States hold the Colombian armed forces accountable for meeting human rights standards. I am deeply troubled by the State Department's decision to certify Colombia at this moment despite lack of objective measures of progress.

The conditions require the Secretary of State to certify that (a) "The Commander General of the Colombian Armed Forces is suspending from the Armed Forces those members, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or to have aided or abetted paramilitary groups;" (b) "the Colombian Armed Forces are cooperating with civilian prosecutors and judicial authorities... in prosecuting and punishing in civilian courts those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or to have aided or abetted paramilitary forces;" and (c) "the Colombian Armed Forces are taking effective measures to sever links... with paramilitary groups, and to execute outstanding orders for capture for members of such groups."

As the letter details, considerable US government efforts to put pressure on the Colombian government and armed forces to comply with the provisions of the law have produced little in the way of results over the past year. Yet there are numerous well-documented cases of high-level officials, including generals, implicated in army-paramilitary collusion.

As a joint report by Human Rights Watch, Amnesty International and the Washington Office on Latin America states, "Certain military units and police detachments continued to promote, work with, support, profit from, and tolerate paramilitary groups, treating them as a force allied to and compatible with their own. At their most brazen, these relationships involved active coordination during military operations between government and paramilitary units; communication via radios, cellular telephones, and beepers; the sharing of intelligence, including the names of suspected guerrilla collaborators; the sharing of fighters, including active-duty soldiers serving in paramilitary units and paramilitary commanders lodging on military bases; the sharing of vehicles, including army trucks used to transport paramilitary fighters; coordination of army roadblocks, which routinely let heavily-armed paramilitary fighters pass unchallenged; and payments made from paramilitaries to military officers for their support." (Colombia Human Rights Certification III, Briefing Paper, February 5, 2002.)

Paramilitary forces committed at least 1,015 killings and over 100 massacres in 2001. The FARC killed at least 197 civilians in 2001, and was responsible for over 1,000 kidnappings.

Please join me in expressing concern over the certification decision to Secretary of State Powell. For more information, contact Jon Samuels at 5-2111.

Sincerely,

Jan Schakowsky
Member of Congress

Letter to Secretary of State Powell on Human Rights in Colombia
Sent July 23, 2002

Secretary of State Colin Powell
The US State Department
2201 C Street
Washington, DC

Dear Secretary of State Powell,

We are writing to express our concern over the State Department’s decision to certify Colombia’s compliance with section 567 of the FY2002 foreign operations appropriations bill. We are not convinced that the evidence supports the contention that the Colombian military is suspending personnel credibly alleged to have committed serious human rights violations, cooperating with civilian judicial authorities, and taking effective measures to sever links with paramilitary groups. As you consider your decision on the second round of military aid, which we understand may be made in September, please take the following comments into consideration. The Congress included conditions in the FY2002 foreign operations legislation to ensure that the Colombian Armed Forces, which receive the bulk of the funds destined to Colombia through the Andean Regional Initiative, are respecting human rights.

We appreciate the State Department’s efforts to make clear to the Colombian government the importance of improving the human rights situation and meeting the specific requirements of section 567. We are dismayed, however, by the lack of response from the Colombian government. In particular, we are unconvinced that the short list of primarily lower-level soldiers and officers who have been suspended for human rights violations from January 2001 to April 2002 constitutes progress, given the substantial evidence against a number of high-level officers who remain on active duty despite credible evidence that they have tolerated, aided or abetted paramilitary forces. In addition, there is disturbing evidence that the Colombian attorney general lacks the political will to investigate and prosecute army officers implicated in grave violations.

The State Department’s report on the certification decision cited the appointment of General Rodrigo Quiñones to a military attaché position as evidence of progress. But, despite an outstanding decision by the Procuradería concluding that General Quiñones had planned and ordered the murders of at least 57 trade unions, human rights, and community leaders in the Barrancabermeja area in 1991-92, this officer remains on active duty. In 2000, troops under his command were implicated in helping paramilitaries to carry out the El Salado massacre. A year later, those same troops, with Quiñones as commander, allegedly allowed heavily armed paramilitaries to travel past them to Chengue, where paramilitaries committed a massacre. A Navy sergeant under Quiñones’ command was subsequently charged with supplying weapons to paramilitaries and helping coordinate the attack in Chengue. Quiñones was charged with ignoring detailed information received in advance about paramilitary movements near Chengue. The failure to investigate, prosecute, and punish high-level officers like Quiñones, General Gabriel Diaz, and others who are strongly implicated in aiding and abetting paramilitary forces has a profound impact on the attitudes of other members of Colombia’s military.

Events surrounding the Chengue massacre case also demonstrate the Colombian military’s continued resistance to cooperate fully with civilian justice officials. Prosecutor Yolanda Paternina Negrete, who led the Chengue investigation, told her superiors that officers in Colombia’s Marine Infantry failed repeatedly to provide her with the support necessary to search a ranch where witnesses claimed the paramilitaries responsible for the massacre were located. On May 27, 2001, two investigators working on the case were detained by known paramilitaries and are now presumed dead. On August 29, 2001, Prosecutor Paternina herself was killed by unidentified gunmen in Sincelejo, Sucre. The office in Colombia of the U.N. High Commissioner for Human Rights called these killings “a systematic campaign of retaliation and intimidation” by those seeking “total impunity for the most serious crimes committed in the country.”

We are also disturbed by the characterization of army actions in Barrancabermeja as an example of progress in breaking army-paramilitary ties. Despite the high concentration of security forces in Barrancabermeja, the city remains under virtual paramilitary control. Paramilitaries move freely through the city, issue rules of conduct, and exert control over the civilian population, who live in an atmosphere of terror.

We would like to see further evidence of what happens after paramilitary troops are captured. We understand that the numbers of paramilitary captures reported by the Colombian Ministry of Defense has increased. It is important to analyze whether those captured are prosecuted and punished, or released; as well as whether some high-ranking officials are among those captured and prosecuted.

We believe that the Colombian government’s failure to act effectively to sever army-paramilitary ties, despite pressure from the U.S. State Department and the requirements of section 567, bodes ill for the future of U.S.-Colombian military cooperation and for the protection of human rights in Colombia. Moreover, we have been assured that U.S. assistance and training would promote the professionalism of the Colombian military and improve the human rights record of the Colombian military. To date, we believe there has been little progress. Again, we urge you to take our concerns into account when determining whether to approve additional military aid for Colombia this year.

Sincerely,

Jan Schakowsky
Sherrod Brown
Barbara Lee
James McGovern
Lane Evans
Joe Wilson
George Miller
Jesse Jackson, Jr.
Marcy Kaptur
Stephen Lynch
Maurice Hinchey
Lloyd Doggett
William O. Lipinski
James Leach
Rosa DeLauro
Zoe Lofgren
Bobby Rush
Tom Lantos
Lynn Woolsey
Maxine Waters
Tom Sawyer
Jose Serrano
William Coyne
Bernard Sanders
Ciro Rodriguez
Sam Farr
Donald Payne
James Oberstar
Rod Blagojevich
Michael Doyle
Nita Lowey
John Conyers
Cynthia McKinney
Jerry Kleczka
Dennis Kucinich
Elijah Cummings
Patsy Mink
Robert Borski
Tammy Baldwin
David Wu
William Lacy Clay
Ed Markey
Howard Berman
Nick Rahall
Danny Davis