VZCZCXYZ0000
PP RUEHWEB

DE RUEHBO #1045/01 3401634
ZNY CCCCC ZZH
P 061634Z DEC 06
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 1220
INFO RUEHSW/AMEMBASSY BERN PRIORITY 1204
RUEHBR/AMEMBASSY BRASILIA PRIORITY 7302
RUEHCV/AMEMBASSY CARACAS PRIORITY 8494
RUEHLP/AMEMBASSY LA PAZ DEC 8409
RUEHPE/AMEMBASSY LIMA PRIORITY 4543
RUEHMD/AMEMBASSY MADRID PRIORITY 9531
RUEHNY/AMEMBASSY OSLO PRIORITY 0360
RUEHQT/AMEMBASSY QUITO PRIORITY 5199
RUEHUB/USINT HAVANA PRIORITY 0131

C O N F I D E N T I A L BOGOTA 011045 

SIPDIS 

SIPDIS

E.O. 12958: DECL: 12/05/2016 
TAGS: PTER PGOV MARR PHUM CO
SUBJECT: GOC-ELN GUARANTORS WILL PUBLISH DRAFT PEACE ACCORD 
TO PRESSURE PARTIES 


Classified By: Political Counselor John S. Creamer 
Reason: 1.4 (b,d) 

------- 
Summary 
------- 

¶1.  (C) The GOC-ELN civil society guarantors will publicize a 
draft peace agreement on December 11 aimed at spurring 
greater progress in the talks.  The draft agreement, which 
guarantor Moritz Akerman said was aimed primarily at the ELN, 
suggests implementing a ceasefire and release of ELN kidnap 
victims starting May 1.  It also suggests an amnesty for most 
ELN members, and their demobilization; Akerman said 
demobilized terrorists would have to hand in their arms, but 
disarmament is not mentioned in the proposal.  Akerman
reported Peace Commissioner Luis Carlos Restrepo was pleased 
with the proposal and hoped it would flush out the ELN's 
commitment to peace.  End summary. 

----------------------------------------- 
Guarantors' Concern About Stalled Process 
----------------------------------------- 

¶2.  (C) Akerman said the guarantors are concerned the GOC and 
ELN have failed to establish concrete proposals and 
implementation dates during their four rounds of exploratory 
talks to date.  At the most recent session in Havana, the 
guarantors were dissatisfied with what Akerman characterized 
as "interminable discussion about the nature of conflict" 
instead of elaboration of practical initiatives.  In 
late-November meetings with the ELN and Restrepo, Akerman
said the guarantors had the impression both sides were 
interested in moving forward, but lacked confidence in each 
other.  The guarantors regarded the ELN as more confident as 
a result of the GOC's "para-politician" scandal, and some ELN 
Central Command members were suggesting postponing the 
December 14 Havana talks to see how much weaker the GOC would 
get.  Akerman reported the guarantors aimed to force the ELN 
to take a position on sensitive issues such as ceasefire and 
release of kidnap victims. 

-------------------------- 
Public Proposal on the Way 
-------------------------- 

¶3.  (C) Akerman explained the guarantors planned to hold a 
press conference on Monday, December 11 at the Colombian 
Congress to publicize a guarantor proposal to the GOC and 
ELN, and call for a public response.  The guarantors will 
publish the proposal in the El Tiempo (Bogota) and El 
Colombiano (Medellin) newspapers the following day.  The 
proposal also calls for ELN military commander and negotiator 
Antonio Garcia to come to Bogota and explain the ELN's 
response publicly. 

¶4.  (C) The proposal provides for three phases of concrete 
implementation.  The first, from January 1-April 31, is 
focused on humanitarian and political processes, including 
the formation of a verification commission that would address 
ceasefire and release of kidnap victims.  It also includes 
initiatives related to displaced people, demining, release of 
ELN child soldiers, and "alternative development" in areas of 
significant narcotics presence.  The guarantors' proposal 
suggests amnesty for ELN "rebels"; Akerman said this 
contemplated amnesty for ELN members associated with 
"rebellion."  (Note: Under Colombian law, "rebellion" 
excludes war crimes and crimes against humanity, such as 
torture, forced disappearances, forced displacement, and 
genocide; Colombia's adherence to the Rome Statute of the 
International Criminal Court expanded Colombian law's
definition of crimes against humanity to include categories 
such as assassinations, and kidnapping, if systematic and on 
a "massive" scale.  End note.)  Akerman said the first phase 
would have to reach an understanding on how the ELN would 
finance itself during the peace process. 

¶5.  (C) The second phase, from May 1-October 31, would 
involve a mutual ceasefire, and release of all ELN kidnap 
victims.  The proposal says the GOC would begin to release 
ELN prisoners during this phase; Akerman said there were some 
1,500.  The demobilized ELN members would return to their 
communities, some of which would be named, "Special and 

Experimental Zones."Akerman said the idea of the zones was 
to concentrate GOC and international assistance in limited 
areas to maximize its effectiveness.  He added that ELN 
members who demobilized would be expected to hand in any 
weapons, but the proposal did not address disarmament 
explicitly because the subject was still too sensitive when 
the ELN faced the FARC in the field.  The GOC would convoke a 
"national convention" in June, as distinct from a 
"constituent assembly."  The national convention would 
involve civil society and political party participation and 
make legal and policy recommendations, not enact 
constitutional changes. 

¶6.  (C) The third phase, from November 1-December 31, would 
evaluate progress to date and extend the ceasefire.  The 
verification commission would report on ceasefire issues and 
matters related to kidnap victims and ELN prisoners. 

--------------------------------- 
Prefatory Language Causing Debate 
--------------------------------- 

¶7.  (C) Akerman reported the guarantor proposal would preface 
its terms with three suggestions: on a "peace tax" to fund 
investment in rural areas, a call to open the media to more 
diverse points of view, and a recognition that Colombia's 
conflict will not be solved unless narcotics trafficking is 
addressed.  He said the guarantors were not in agreement on 
how to formulate the suggestions.  Some supported a harder 
line than others and wanted to urge rejection of a "war tax," 
form an "international commission" to promote a more open 
media, and promote drug legalization, while others were 
opposed. 

--------------------------------------- 
Restrepo Reportedly Happy with Proposal 
--------------------------------------- 

¶8.  (C) Akerman told us Restrepo was pleased with the 
proposal when shown it on December 5.  Restrepo took issue 
with a few points, including the "harder line" prefatory 
suggestions, but Akerman said the peace commissioner hoped 
the proposal would flush out the ELN's commitment to peace. 
Restrepo has previously criticized the guarantors for failing 
to pressure the ELN, concluding they did not have leverage 
over the terrorist group.  In comments published in El Tiempo
on December 4, Restrepo said the "hour of truth" had arrived 
for the ELN: it must decide if it was committed to the 
political process or would continue its terrorist activities. 
 He noted the ELN continued to kidnap at the rate of one 
person a week, and was increasingly involved in narcotics 
trafficking. 
DRUCKER