VZCZCXYZ0006
RR RUEHWEB

DE RUEHBO #0377/01 0311150
ZNR UUUUU ZZH
R 311150Z JAN 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 1146
INFO RUEHCV/AMEMBASSY CARACAS 9872
RUEHLP/AMEMBASSY LA PAZ JAN LIMA 5860
RUEHZP/AMEMBASSY PANAMA 1148
RUEHQT/AMEMBASSY QUITO 6523
RHMFISS/CDR USSOUTHCOM MIAMI FL
RUEAIIA/CIA WASHDC
RUEKJCS/SECDEF WASHDC
RUEKJCS/SECDEF WASHDC//USDP ADMIN/CHAIRS//

UNCLAS BOGOTA 000377 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: MARR PHUM PREL PTER CO
SUBJECT: COLOMBIAN MOD CODIFIES HUMAN RIGHTS POLICIES 
 
REF: A. 07 BOGOTA 1246 
 
     ¶B. 07 BOGOTA 8044 
     ¶C. 07 BOGOTA 4677 
     ¶D. 07 BOGOTA 8367 
     ¶E. 07 BOGOTA 6536 
     ¶F. 07 BOGOTA 4837 
 
 
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Summary 
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¶1.  The Ministry of Defense (MOD) released a comprehensive 
policy document outlining the Colombian military's Human 
Rights (HR) and International Humanitarian Law (IHL) 
doctrine.   The policy stresses that prudent use of force 
earns the armed forces legitimacy with the public, conferring 
tactical and strategic benefits in the war with illegal armed 
groups.  The document identifies five program areas: 
integration of HR/IHL into all military instruction; stronger 
HR/IHL compliance and control; legal defense of military 
personnel; specialized treatment of vulnerable groups; and 
better integration of military HR/IHL policy with civilian 
and international counterparts.  Defense Minister Santos and 
Armed Forces Commander Padilla publicly presented the policy. 
 The local office of the U.N. High Commissioner for Human 
Rights (UNHCHR) called it a key step in promoting respect for 
human rights within the military.  End Summary. 
 
--------------------------- 
Toward a Doctrine on Rights 
--------------------------- 
 
¶2.  On January 22, the MoD issued a 54-page manual entitled 
the "Integrated Policy of Human Rights and International 
Humanitarian Law."  The policy stresses that respect for 
human rights is key to the military's success in fighting 
criminal groups, and assembles existing processes and 
guidelines into a single, coherent, human rights doctrine. 
In publicly presenting the policy, Defense Minister Juan 
Manuel Santos said it emphasizes the legal parameters on 
military action set by Colombia's Constitution.  He added 
that military justice reform and recent human rights 
directives reflect the military's commitment to improve its 
human rights record.  Local UNHCHR representative Javier 
Hernandez publicly praised the plan -- as well as cooperation 
with Colombian military officials -- and called it a key step 
in initiating reforms and building a culture of respect for 
human rights within the Colombian military. 
 
--------------------- 
Context and Rationale 
--------------------- 
 
¶3.  The manual outlines legal context and guiding principles, 
particularly Colombia's adherence to international norms, 
governing the Colombian military's use of force.  Colombia's 
Constitution -- supplemented by Constitutional Court rulings 
and Ministry directives -- sets IHL as the legal standard for 
military operations.  A November 2007 decree orders military 
commanders to give greater weight to the demobilization or 
capture of illegal combatants than to kills (bajas) in 
evaluating the success of military operations.  The document 
notes that prudent use of force encourages the trust of the 
population on which the military in turn relies for vital 
intelligence.  It adds that the GOC's ultimate objective is 
to restore the rule of law in all territories.  Illegal abuse 
by the armed forces directly undermines this mission. 
 
-------------------- 
Training and Doctrine 
--------------------- 
 
¶4.   The first of the document's five program areas builds on 
the military's decade old human rights training program by 
requiring the integration of HR/IHL into all military 
instruction.  Last year 109,000 members of the armed forces 
received HR/IHL training above and beyond standard courses 
for promotion.  HR/IHL precepts are an essential component of 
ongoing education and doctrine reforms (ref A).  A six-level 
HR/IHL curriculum will range from practical basics for 
conscripts, to complex theory for commanders.  At 35 HR 
"training fields" on military bases nationwide, tactical, 
scenario-based training is tailored to a local context (e.g. 
jungle vs. urban operations).  A "lessons learned" module 
will give soldiers a chance to assess their past actions in a 
confidential setting. 
 
SIPDIS 
 
---------------------- 
Operational Discipline 
---------------------- 
 
¶5.  A second program area strengthens HR/IHL compliance and 
control.  The Ministry will create an Office of Doctrine and 
Legal Advice to research HR/IHL, develop operational law, and 
formulate new doctrine.  The Office will coordinate 
operational legal advisors already in place at the brigade 
level.  Concepts of operations ('conops') are to be written 
for every mission -- defining objective, movements, and 
collateral impact -- with rules of engagement (ROEs) setting 
operational limits and permissible use of force.  Inspectors' 
roles in oversight, evaluation of management, and adherence 
to ROEs will be reinforced.  Military Criminal Justice reform 
will continue (ref B), as will topical MoD directives.  In 
2007, the latter included creation of the HR Monitoring 
Committee, restrictions on informer networks (ref C), and 
support to civilian investigators of combat kills (ref D). 
Performance evaluation criteria will be revised to ensure 
they do not run counter to HR/IHL objectives. 
 
---------------------- 
Military Legal Defense 
---------------------- 
 
¶6.  A third area is legal defense for military personnel. 
The document notes that individual personnel and the armed 
forces overall require adequate legal defense by lawyers 
deeply versed in technical aspects of IHL, ROEs, and military 
procedure.  The MoD aims to establish a policy on the legal 
defense of military personnel charged with human rights 
abuses including raising the number and quality of defense 
attorneys.  Military personnel currently pay for their legal 
defense out of a fund of private donations.  The document 
also calls for an interagency group to defend the GOC in HR 
cases before the Interamerican Court of Human Rights.  The 
military will also set up  a mechanism to provide swift 
compensation of civilian collateral damage incurred during 
operations. 
 
------------------------------------ 
Special Care for Populations at Risk 
------------------------------------ 
 
¶7.  The fourth program area commits the military to provide 
special treatment to indigenous, Afro-Colombians, Internally 
Displaced Persons (IDPs), and other vulnerable groups such as 
human rights defenders and unionists.  The MoD held 40 
regional HR workshops from 2003-6 on specialized attention to 
these groups.  For the indigenous, the policy includes extra 
protection from illegal groups, dedicated liason officers to 
respond quickly to complaints, respect for sacred places 
carefully mapped and bounded, and granting of reparations 
(ref E).  The policy also calls for the military to establish 
similar permanent lines of communication with Afro-Colombian 
communities.  With respect to IDPs, the military must take 
preventative measures to avoid displacement in the course of 
military operations, facilitate processes of return, and 
protect IDPs' persons and property (ref F). 
 
--------------------------------------- 
Interagency / International Cooperation 
--------------------------------------- 
 
¶8.  The policy's fifth program area calls for greater 
integration of military HR/IHL policy and action with GOC 
counterparts, international partners, and civil society.  The 
document notes that President Uribe's Democratic Security 
policy calls not only for security but for institution 
building, social welfare, and economic development as well. 
Hence, the document commits the military to work with other 
civilian agencies to promote government presence and 
territorial control.  Cooperation with international 
organizations like the Red Cross and UNHCHR will continue, as 
will human rights training and guidance from the USG and the 
United Kingdom.  Finally, the policy calls for expanded 
dialogue with civil society. 
Brownfield