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:
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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.
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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: