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Last Updated:7/18/00
Speech by Rep. Jan Schakowsky (D-Illinois), June 29, 2000

Ms. SCHAKOWSKY. Mr. Speaker, when the House passes the Conference Report on H.R. 4425, the Military Construction Authorization bill, we will also be voting on a massive supplemental bill that has been attached. Unfortunately, members have not even been given the courtesy of an opportunity to review the contents of the conference report. So, we can not possibly know in detail what we are considering.

However, I do know that the Military Construction bill authorizes billions of dollars' worth of unnecessary, irresponsible, and dangerous equipment and programs. Two provisions included in this measure are particularly troubling to me.

The first is $60 billion for construction of national missile defense facilities in Alaska. I believe that the decision to go forward with construction for this plan is misguided, extremely premature, and actually risks the welfare of our nation. We have already spent billions of dollars on development of this system and it still has not been proven to work. I do not believe that it ever will. Leaders in the scientific community and even the Pentagon's own experts have raised serious questions about NMD. Moreover, it is clear to me that moving forward with construction of this system will undermine diplomatic efforts to curb the threat of weapons of mass destruction to our nation. I believe that the United States should be investing in peace with at least as much vigor as we continue to fund our wasteful military agenda. I believe that the deployment of a national missile defense system will in fact bring this nation closer to war.

Another misguided, and extremely troubling provision in the legislation we are considering tonight is the more than $1 billion in aid for Colombia. I have spoken out against this plan on numerous occasions and I want to go on the record in strong opposition to this Colombian aid package tonight. If we really want to help the Colombian people, as I do, we should not be escalating military conflict in that nation. We should not be giving over $1 billion in military aid to a government with one of the worst human rights records in this hemisphere for a mission that promises to bring further suffering and violence to a country that has already endured so much.

I want to share with my colleagues a report by the Heartland Alliance that evaluates both the House bill as it relates to Colombia and the version passed by the other body and submit it in the Record. I believe the report is well done and commend it to the attention of all members. The text of the report follows:

[Page: H5614]

Heartland Alliance's Midwest Immigrant & Human Rights Center Summary Response to Senate Bill and House Bill Relating to Aid to Colombia and Recommendations

I. Principles relating to aid to Colombia

1. Rather than focusing on the expressed aims of the Colombia government and armed forces, first and foremost U.S. aid should address the grave humanitarian needs of the hundreds of thousands of refugees and internally displaced persons as a result of forty years of civil war in Colombia.

2. Work against the consumption rather than the production of narcotics.

3. Develop and support viable, long-term agricultural alternatives to drug production rather than pursuing ineffective short-term measures such as crop destruction.

4. Suspend and/or condition aid packages to Colombia until an effective peace agreement between internal combatants is secured, thereby providing an incentive for peace rather than prolonging violence.

These principles define a clear role for the U.S. as a defender of peace, prosperity and human rights in the Americas rather than a supporter of impunity and armed conflict.

II. Senate bill S. 2522

A. Evaluations

1. Demobilization and rehabilitation of child soldiers.

2. Conditions on the aid: certifications from the Department of State regarding the following areas:

a. Investigation, prosecution, and adjudication of Colombian Armed Forces personnel by civilian courts in cases of human rights violations;

b. Suspension of members of the Colombian Armed Forces who are alleged to have committed violations of human rights;

c. Full cooperation of Colombian Armed Forces with civilian authorities and courts in the investigation, prosecution and punishment of members of the armed forces for human rights violations;

d. Prosecution of leaders and members of the paramilitary groups and members of the Colombian Armed Forces aiding or abetting such groups.

3. Consultative process between the Department of State and human rights organizations.

B. Recommendations

1. Support child soldier aid.

2. Establish adequate monitoring procedures that effectively ensure:

a. The investigation and prosecution of human rights violators in the military;
b. The suspension of military personnel involved in violations of human rights;

c. The cooperation of military personnel with civilian authorities and courts and;

d. The investigation, prosecution and punishment of members and leaders of the paramilitary and military personnel aiding or abetting such groups.

3. Establish a formal consultative process with clear monitoring procedures between the Department of State and human rights organizations.

III. House bill H.R. 3908


A. Evaluations
1. Limitations on the use of helicopters

2. Assistance to internally displaced persons

3. Humanitarian training and support for investigations on human rights violations by the Colombian Armed Forces

4. Enhancement of U.S. Embassy capabilities to monitor the assistance and to investigate human rights violations

5. Monitoring actions of the guerrilla groups and the paramilitary groups against U.S. citizens

6. Presidential waiver power on the conditions on military assistance


B. Recommendations
1. Direct aid to support and improve the investigation capabilities of the Prosecutor General in Colombia

2. Create the physical and technical capability for the U.S. to systematically monitor the effects of the aid

3. Support the aid for internally displaced persons

4. Eliminate presidential waiver power, which may contribute to the escalation of the conflict and ignores the monitoring functions of the U.S.

I. Senate Bill S. 2522

1. Demobilization and rehabilitation of child soldiers: The Senate Bill includes a provision that no less than $5,000,000 shall be made available for demobilizing and rehabilitating activities for child soldiers.

This is an important issue considering that both guerrillas and paramilitary forces voluntarily and forcibly recruit minors. Furthermore, it is important to insist that the government should not voluntarily recruit minors, as it does presently in spite of various public announcements and actions.

2. Conditions on the aid: certification by the Department of State: The Senate Bill conditions the disbursement of aid to certification from the Department of State. The detailed and specific conditions of the Senate Bill need to be outlined, and the following considerations need to be applied.

a. Investigation, prosecution and adjudication of Colombian Armed Forces personnel by civilian courts in cases of human rights violations: The Senate Bill requires a statement from the President of Colombia to the Secretary of State that members of the Colombian Armed Forces personnel who are alleged to have committed human rights violations will be brought to civilian courts in accordance with the 1997 ruling of Colombia's Constitutional Court.

However, a recently adopted Military Penal Code will enter into force as soon as a statutory law on the administrative structure for the military courts is adopted. This new code did not take into account all the elements established on the aforementioned decision of the Constitutional Court, specifically in relation to the concept of `service-related crimes'. Concretely, the only crimes expressly excluded are torture, genocide and forced disappearance. Other human rights violations, international humanitarian law breaches, and common crimes such as rape will be brought to the military courts. Additionally, obeying orders can be argued to avoid responsibility.

b. Suspension of members of the Colombian Armed Forces who are alleged to have committed violations of human rights: The Senate Bill establishes that the Department of State should certify that the Commander General of the Colombian Armed Forces is promptly suspending from duty any armed forces personnel who are alleged to have committed violations of human rights or to have aided or abetted paramilitary groups.

It is important to establish the meaning and effect of such suspension. Presently such suspension has no punitive effects.

c. Full cooperation of Colombian Armed Forces with civilian authorities and courts in investigation, prosecution and punishment of members of the armed forces for human rights violations: The Senate Bill requires a certification that the Colombian Armed Forces are cooperating fully with civilian authorities in investigating, prosecuting and punishing in the civilian courts, members of the Armed Forces who are alleged to have committed violations of human rights.

Even though the general idea of such a requirement is positive it is necessary to make it as concrete as possible so that more than a general statement, it would require individual cases to be examined and aid conditioned accordingly.

d. Prosecution of leaders and members of the paramilitary groups and members of the Colombian Armed Forces aiding or abetting such groups: The last certification requirement refers to the prosecution of leaders and members of paramilitary groups and members of the Colombian Armed Forces who are aiding or abetting such groups.

Again, more than a general statement is required for effective enforcement. Evidence should be submitted to Congress demonstrating that effective actions are being carried out and that the impunity described in the U.S. Department of State Country Report has been overturned.

3. Consultative process between the Department of State and human rights organizations: The consultative process between the Department of State and human rights organizations is a positive aspect of the Senate Bill. It acknowledges the experience and professionalism of these organizations and also contributes to improving the human rights information in a country in which the United States is investing a considerable amount of resources.

It can be concluded that a certification from the President of Colombia to the Department of State is not a sufficient condition. It is essential that adequate monitoring procedures be established to effectively determine that U.S. aid is not contributing to or sustaining human rights violations.

Conditions placed on the aid could compel the Colombian authorities and armed forces to respect and protect human rights. The creation of a formalized consultative process would contribute to the production of reliable and complete reports on a complex country enmeshed in an internal armed conflict.


[Page: H5615]
II. House bill H.R. 3908

1. Limitations on the use of helicopters: The House Bill specifically conditions that helicopters only be utilized by the Colombian National Police for counter-narcotics operations in southern Colombia.

The Senate Bill, regrettably, does not establish any limitations on the use of the helicopters. This is a positive aspect in the sense that the helicopters would not be used for the general development of the armed conflict but exclusively for counter-narcotics operations.

2. Assistance to internally displaced persons: The House Bill specifically indicates that not less than $50,000,000 of the funds appropriated, shall be made available for assistance for internally displaced persons in Colombia.

No specific mention of internally displaced persons is mentioned by the Senate Bill, in spite of the considerable number of victims, as mentioned above, and their special vulnerability as victims of complex and continuous human rights violations.

3. Humanitarian training and support for investigations on human rights violations by the Colombian Armed Forces: The House Bill establishes that up to $1,500,000 shall be made available to provide comprehensive humanitarian law training and to support the development of a judge advocate general to investigate human rights violations by Colombian Armed Forces.

The Senate Bill, regrettably, does not include such important provisions.

4. Enhancement of U.S. Embassy capabilities to monitor the assistance and to investigate human rights violations: The House Bill establishes that up to $250,000 shall be made available to enhance the U.S. Embassy's capabilities to monitor U.S. assistance to the Colombian Armed Forces and to investigate reports of human rights violations related to such assistance.

These resources would be particularly useful to train U.S. officials and to develop the capacity to fund specific evidentiary tests through a joint program with the Colombian judiciary.

5. Monitoring actions of the guerrilla groups and the paramilitary groups against U.S. citizens: An equal amount of funding is established to monitor the actions of the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN) and the United Colombian Self-Defense Organization (AUC) relative to criminal actions against U.S. citizens.

In summary, the House of Representatives was expressly concerned with obtaining reliable information on Colombia. The Senate disregarded these initiatives and supported a certification procedure.

The House Bill provides for the possibility to use aid to support and improve the investigation capabilities of the Prosecutor General's Office in Colombia. Empowering Colombian judicial authorities to prosecute cases of human rights violations would contribute to a general improvement in the human rights situation in Colombia.

An effective monitoring procedure would contribute to providing the U.S. Congress with tools to evaluate the impact and effect of the U.S. aid in Colombia.

Moreover, restrictions on the use of military equipment would help to ensure that U.S. aid is for anti-narcotics purposes and not to foment civil conflict or arbitrary violence. Finally, establishing a minimum amount of aid for internationally displaced persons would help to mitigate the adverse effects of the aid package on many different social groups in Colombia, particularly those who have been forcibly displaced.

6. Presidential waiver power on the conditions on military assistance: An especially negative aspect of the House bill is endowing the U.S. President with waiver power regarding the conditions of military assistance.

Such a waiver weakens the conditions established by the House of Representatives, which are more vague than those contained in the Senate Bill.

We hope that you find this information useful and if you have further questions, concerns or would like to further discuss these issues, we will be more than happy to meet with you, or your staff or to draft any documents regarding U.S. aid to Colombia.

Thank you again for your concern and interest on this important issue.

MARY MEG MCCARTHY,

Director, Midwest Immigrant &
Human Rights Center.

HELENA OLEA,

Legal intern.

As of July 18, 2000, this document was also available online at http://thomas.loc.gov/cgi-bin/query/z?r106:H29JN0-B744:

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