memorandum of justification concerning human ... - Just the Facts

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LEGISLATIVE CONTEXT AND SCOPE OF REPORT
Section 7046(b) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (Div. H, P.L.111-6) (―FY 2009 SFOAA‖) establishes
conditions under which assistance using funds appropriated under the FY 2009 SFOAA
may be made available for the Colombian Armed Forces. In particular, Section 7046
(b)(1)(A) allows that up to 70 percent of funds may be obligated prior to a determination
and certification by the Secretary of State pursuant to paragraph (b)(1)(B). Paragraph
(b)(1)(B) provides that up to 15 percent of such funds may be obligated after the
Secretary of State makes a certification with respect to certain conditions related to
human rights and paramilitary groups. The balance of funds appropriated under the FY
2009 SFOAA may be obligated after July 31, 2009, if the Secretary of State certifies
before such funds are obligated that the conditions described in paragraph (b)(1)(B) are
met and additionally, as laid out in paragraph (b)(2), certifies that the Colombian
government is conducting vigorous operations to strengthen civilian institutions and
respect for internationally recognized human rights in areas under the influence of
paramilitary organizations or successor armed groups and guerrilla organizations.
This memorandum provides the justification for the Secretary of State‘s
determination that the criteria stated in Sections 7046(b)(1) and (2) of the FY 2009
FOAA have been met and meets the attendant reporting requirements in those sections.
It contains information available as of July 31, 2009.
EXECUTIVE OVERVIEW
Colombia remains a country in transition. While the security situation in the
country has vastly improved in the last decade, fighting between the Armed Forces and
illegal armed groups continues to harm the country‘s citizens, especially its most
vulnerable groups: the displaced, indigenous, and Afro-Colombians. Years of reforms
and training, as well as key changes in leadership, are leading to progress by the Armed
Forces in increasing their respect for and understanding of human rights. Rules of
Engagement (ROEs) now exist to ensure that international humanitarian law is followed
in combat situations. However, revelations of extrajudicial killings in Soacha and a
preliminary report by the UN Special Rapporteur for Extrajudicial Killings indicate that
far-reaching reforms have not fully taken hold. To its credit, the Colombian government
has responded firmly to these revelations, issuing a zero-tolerance policy for abuses and
has implemented reforms to prevent similar crimes in the future. The Prosecutor
General‘s Office continues to investigate more than 75 members of the Armed Forces
linked to the killings. The government still has much to do, but these are signs that it
recognizes the severity of the problem and is working to address it.
Nonetheless, hundreds more cases of extrajudicial killings and other human rights
UNCLASSIFIED