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RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
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UNCLAS BOGOTA 001554 
 
SIPDIS 
SENSITIVE 
 
STATE PASS TO USTR 
 
E.O. 12958: N/A 
TAGS: PREL ETRD OREP PGOV ECON CO
SUBJECT: CODEL LEVIN'S FACT-FINDING MISSION TO COLOMBIA 
 
¶1. (SBU) SUMMARY:  U.S. Representative Sander Levin, Chairman 
of the Trade Subcommittee, visited Bogota, Medellin, and Cali 
from April 12-17.  President Alvaro Uribe outlined GOC 
efforts to reduce violence against trade union members, 
increase resolution of labor cases, protect vulnerable groups 
and their right to strike, and improve conditions for 
workers.  Rep. Levin characterized his visit as a 
"fact-finding" mission.  He said the sequence of passage for 
the three outstanding trade agreements was unknown, adding 
that legislative changes made prior to the U.S. - Peru 
agreement would serve as a model for the U.S. - Colombia 
Trade Promotion Act (CTPA).  Levin also met with Colombian 
cabinet officials, the Prosecutor General, the mayors of 
Medellin and Cali, union members, and numerous NGOs to 
discuss the processing and sentencing of union-affiliated 
cases, the GOC protection program, union registration, 
cooperatives, and the effectiveness of the demobilization 
process.  The CODEL did not clear this cable.  END SUMMARY. 
 
 
Uribe-Levin:  An Examination Of Worker Rights 
--------------------------------------------- 
 
¶2. (SBU) Uribe began by encouraging Rep. Levin to look at 
Colombia's progression, including the demobilization of over 
30,000 paramilitaries, the extension of state institutions, 
and the reduction of violence against unionists.  He noted 
that during his administration there have been 184 sentences 
in labor victim cases, with only one sentencing existing 
before his election and a 100 percent success rate of the GOC 
protection program for unionist and other vulnerable groups. 
Uribe highlighted his July 2008 signing of Law 1210 that 
moved the authority to declare the legality of strikes to the 
judicial branch, allowing for arbitration 60 days after a 
strike at the request of both parties.  He also pointed to 
Law 1233 requiring cooperatives to provide workers with 
social security coverage such as health, retirement, loans 
for housing and family support.  Uribe said he planned to 
invest more that USD $20 million to further strengthen the 
labor process. 
 
¶3. (SBU) Vice-President Francisco Santos added that in 2002 
the GOC created a commission - comprised of the directors of 
the three major confederations (CUT, CTC, CTG), as well as 
the directors of the human rights offices within the 
Procuraduria, Ministry of Defense, Ministry of Social 
Protection and the International Labor Organization (ILO) - 
to travel nationwide to promote social dialogue on union 
issues.  He noted that the GOC created this commission prior 
to CTPA discussions, reflecting the Uribe administration's 
independent prioritization of union rights. 
 
¶4. (SBU) Rep. Levin responded that he was in Colombia on a 
"fact-finding" mission.  He noted that he had made a similar 
trip to Peru during U.S. - Peru FTA negotiations.  He 
suggested that the implementation of the labor changes in the 
Peruvian FTA could serve as a model for the Colombian FTA. 
Levin said it was impossible to predict the sequence or 
timeframes for passing the Colombia, Panama, and Korea FTAs, 
but noted that President Obama wanted to take a "fresh look" 
at all the agreements, ensuring that the benefits of expanded 
trade were widely spread.  He added that USTR would take the 
lead on the negotiations, with a focus on worker rights. 
 
¶5. (SBU) Rep. Levin said one of several important issues, 
regarding Colombian labor rights, was the rampant use of 
cooperatives and the proliferation of sub-contracting 
employment methods.  He said Colombian cooperatives were 
structured in a way to prevent workers from independently 
organizing, and that the U.S. and Colombia needed to have an 
"honest discussion" about their proliferation and the low 
percentage of syndication participation.  Rep. Levin said the 
real issue was not the provision of social security benefits 
through cooperatives, stating that such benefits actually 
worsened the situation, but rather the need to restructure 
legislation in order to displace cooperatives all together. 
 
Judicial Processing Of Labor Cases 
---------------------------------- 
 
¶6. (SBU) Prosecutor General Mario Iguaran highlighted the 
Fiscalia's (Prosecutor General's Office) efforts to end 
impunity for crimes against labor and human rights leaders, 
implement the accusatory justice system, investigate 
labor-related violence through the creation of a dedicated 
sub-unit, and resolve the 185 priority cases.  He said that 
the results - 133 sentences convicting 269 in two years - 
represent significant progress.  Iguaran added that no cases 
suggest that violence against unionists is state policy, or 
the policy of business groups.  Iguaran acknowledged that the 
passage of time made it difficult to prosecute older cases 
and stay ahead of the case load with only three dedicated 
judges hearing the backlog of labor victim cases, but that 
they are making progress.  In response to Rep. Levin's 
inquiry on the judges' provisional, rather than permanent, 
status, Iguaran noted that the Superior Judicial Council is 
responsible for appointing judges, not the Fiscalia. 
 
¶7. (SBU) In a separate meeting, the three labor judges 
highlighted the main challenges in the sentencing process: 
the age of the cases/evidence dating to 1996; their 
responsibility to sentence union homicide cases even when 
union motives for the crime are not present; and U.S. 
extraditions which have made access to witnesses difficult. 
The judges said it was often impossible to find witnesses in 
their cases, and that they must take all cases from the 
Fiscalia's labor sub-unit that involve a union member -- even 
though they estimated that very few of the homicide cases 
presented to them were the result of union affiliation.  In a 
meeting with the labor sub-unit, line prosecutors explained 
that the motives in homicide cases range from assumed 
guerrilla affiliation to common crime and personal disputes. 
The judges estimated that they have handled about 200 cases 
since 2007 and are currently carrying a caseload of 50 cases. 
 
 
¶8. (SBU) Reinaldo Villalba, the director of a leading lawyers 
cooperative, and two colleagues from other judicial 
cooperatives noted the high level of impunity -- they 
estimated at 90 percent -- for perpetuators of labor crimes. 
Villalba highlighted the investigation of the former director 
of Colombia's intelligence agency, Jorge Noguera, for 
allegedly helping illegal elements intimidate and kill union 
activists, noting that the Fiscalia has not prioritized the 
sentencing of the case.  Gustavo Gallon from the Colombian 
Commission of Jurists alleged the police, military and 
intelligence services are directly responsible for most union 
crimes, but the GOC refuses to investigate.  Rather than 
solving the crimes, Gallon said the Fiscalia focuses on 
proving that union violence is not related to the victim's 
union affiliation.  Each representative highlighted their 
personal security fears and need to have constant physical 
protection. 
 
Effectiveness of Protection Program 
----------------------------------- 
 
¶9. (SBU) Minister of Interior & Justice (MOIJ) Fabio Cossio 
told Rep. Levin that the USD $45 million protection program 
currently protects over 10,718 human and labor rights 
activists, opposition members, journalists, ethnic leaders, 
and other vulnerable individuals.  Cossio reiterated that 
unionists represent almost 20 percent of protection program 
participants, though union representatives voiced concerns 
over MOIJ plans to privatize the program.  Supreme Court 
Judge Maria del Rosario Gonzalez, former Supreme Court 
President Cesar Valencia Copete, and Auxiliary Judge Ivan 
Velasquez said they also receive protection from the 
Colombian National Police, but are seeking additional 
protection from the Inter-American Commission on Human Rights 
after being subjected to illegal surveillance, dirty tricks, 
and in one case, apparent attempted murder, by GOC officials. 
 They claimed the GOC's campaign to discredit and intimidate 
them stemmed from its resentment over the Court's 
investigation of congressional ties with illegal paramilitary 
groups.  Judge Velasquez said the harassment was also linked 
to the Court's conviction of former Congresswoman Yidis 
Medina for accepting a bribe in exchange for voting in favor 
of the constitutional amendment that allowed Uribe to run for 
a second term. 
 
Union Registration and Strike Legality 
-------------------------------------- 
 
¶10. (SBU) Minister of Social Protection (MSP) Diego Palacio 
Betancourt and his senior staff briefed Rep. Levin on how the 
GOC manages registration of new unions, coordination 
mechanisms with the ILO, the primary role of the independent 
judiciary in determining the legality of strikes, and recent 
reforms in Colombian labor law.  Palacio said the 
Constitutional Court had ruled that the MSP cannot deny 
applications to certify unions; only incorrect or incomplete 
applications can be returned for correction.  Since the Court 
ruling, twelve unions have been registered, as opposed to 21 
under the old (supposedly stricter) system.  Palacio added 
that the independent Judiciary remains responsible for 
determining the legality of strikes (the GOC no longer has a 
role) using the example of a 2008 strike by Judicial branch 
officials that lasted five weeks.  Palacio said the GOC would 
increase its current number of labor inspectors in 2009 from 
273 to 408. 
 
Flower and Sugar Sectors: Prevalence of Coops 
--------------------------------------------- 
 
¶11. (SBU) Aida Silva, President of Untraflora, the leading 
flower-sector labor confederation, told Rep. Levin that the 
flower employers continued to resist worker attempts to 
organize.  She said companies lay-off workers if they reach 
the requisite 25 members to form a union, or force workers to 
join "pocket unions" established by the company.  The group 
said the MSP has recently denied some of the members requests 
to register a union despite the Constitutional Court ruling. 
Both Silva and the President of the National Sugarcane 
Cutters Union Ramon Palacios, said more than 75 percent of 
employees are hired through cooperatives.  Palacios said 
there is less than 10 percent of direct hiring.  Palacios 
said almost all employment is generated through associated 
coops or sub-contracting, adding that industry used schemes 
to prevent the cane cutters from receiving the legal minimum 
wage. 
 
Anti/Pro FTA Dispute 
-------------------- 
 
¶12. (SBU) Leaders from Colombia's largest labor 
confederations and unions (CUT, CTC, CTG) outlined their 
opposition to the CTPA: it would stifle Colombian industry; 
prevent integration among Andean countries; lead to a flood 
of agricultural imports with Colombian farmers unable to 
compete; threaten environmental protection with the increased 
presence of multi-national firms; increase prices of 
medicine; and result in the loss of USD $500 million in 
import duties.  They said that unionists in Colombia are 
excluded from the political process and threatened for their 
union activities.  Pro-CTPA representatives from textile, 
packaging and apparel unions in Medellin, however, 
highlighted that union numbers and good business practices 
would increase as Colombia itself developed, which required 
the passing of the CTPA.  They also noted that they were not 
persecuted for their union leadership, but rather, praised by 
their colleagues. 
 
¶13. (SBU) Representatives from the NASA indigenous group also 
said that the CTPA would negatively harm the rural poor.  The 
NASA said each family in their group worked approximately one 
hectare of land to work, with the GOC's redistribution 
process delivering less than two percent of the land it 
agreed to redistribute in 2004.  The reps noted that 60 
percent of Colombia's land is in the hands of 0.5 percent of 
the population.  They said the cumulative effect of the EU, 
Canadian, and U.S. FTAs would essentially bankrupt small 
farmers and that GOC programs (specifically AgroIngreso 
Seguro) to increase their access to credit and 
competitiveness, were not transparent, allowed for large 
operations in the small-scale category and only reached 10 
percent of small-scale farmers.  The director of Oxfam 
estimated that 28 percent of small farmers would be 
negatively affected by the CTPA and that Oxfam and USAID were 
collaborating on a joint study to access the risks of the 
CTPA on small-scale agricultural producers. 
 
Medellin: Examination of Demobilization Process 
--------------------------------------------- -- 
 
¶14. (SBU) Medellin Mayor Alonso Jaramillo Salazar told Rep. 
Levin that Medellin was the center of the demobilization 
process, with 4,400 paramilitaries from the Antioquia 
Department entering the process in 2004.  He said given the 
large number, it was unrealistic to expect that organized 
crime, para, and narco groups would disappear from the area. 
Jorge Ceballos, the human rights Ombudsman in the mayor's 
office, said all but one of Medellin's neighborhoods still 
had a paramilitary presence.  He noted that illegal groups 
still infiltrated legal organizations, highlighting the 
"Corporacion Democratica," undercutting the demobilization 
process (NOTE: Corporacion Democratica is a Medellin based 
NGO that represents demobilized paramilitaries and is 
directed by well-known former paramilitary leaders. END 
NOTE.) 
 
¶15. (SBU) Salazar said the GOC needed to take further steps 
(i.e. establishment of a regional truth commission), for the 
reintegration process to truly succeed.  He noted that in the 
Colombian context, the term paramilitary implies illegal 
armed groups that operate with state support.  He dismissed 
human rights groups' claims that paras continue to operate in 
Medellin, reiterating that organized crime exists but that 
such groups do not receive state backing.  In fact, he noted 
that the Colombian National Police had arrested two leading 
crime kingpins earlier that day.  Salazar also said that no 
homicide based on union affiliation had occurred in Medellin 
since 2004. 
 
¶16. (SBU) The Instituto Popular de Capacitacion (IPC), an 
organization that helps victims in Medellin participate in 
the Justice and Peace Law process, told Rep. Levin that the 
press presented an "imaginary and fake" picture about a more 
secure Colombia.  They criticized the demobilization process 
and blamed the Colombian military for what they called its 
systematic practice of forced disappearances and 
extrajudicial killings.  They expressed concern about the 
possible selection of Luis Camilo Ospina as the successor to 
Fiscal General Iguaran, saying he approved a military rewards 
program that provides payments to informants for information 
leading to the arrest or killing of guerrilla members -- 
which they said leads to extrajudicial killings. (NOTE: The 
term of Fiscal General Iguaran ends in July 2009.  Uribe will 
present three nominees to the criminal chamber of the Supreme 
Court, which will then select the successor.  Ospina, the 
current Colombian Ambassador to the Organization of American 
States, previously served as Minister of Defense. END NOTE.) 
 
 
Criticism of Uribe's Social Network Policies 
-------------------------------------------- 
 
¶17. (SBU) Liberal Party Senator Cecilia Lopez told Rep. Levin 
that Uribe's policies threatened Colombia's democracy and 
economic progress.  She said that no social net exists for 
the unemployed and that 48 percent live below the poverty 
line.  Lopez added that Colombia had the worst income 
distribution figures in Latin America (stating that under 
Uribe, 10 percent of the population controlled 45 percent of 
GDP), an unsustainable health system, unfair land 
distribution, and pension coverage that had not expanded 
since the 90s.  Levin also questioned about the weak labor 
movement in Colombia, with Lopez responding that the union 
movement had never been strong in Colombia, but was further 
marginalized under Uribe by his labeling of union leaders as 
FARC and terrorists. 
 
Tripartite Agreement Discussion with ILO 
---------------------------------------- 
 
¶18. (SBU) Levin questioned ILO program directors about the 
effectiveness of the Tripartite Agreement that established 
the representative office on November 2006, pointing to the 
outgoing Director's success in only obtaining agreements in 
two of 52 labor disputes brought before the Tripartite 
Commission.  Rep. Levin also inquired when another permanent 
representative would arrive in Colombia.  Beethoven Herrera, 
Director of the ILO's Social Dialogue Program, said ILO 
Geneva and the GOC would determine when a replacement would 
arrive and who the replacement would be.  Currently, all 
labor disputes are brought before the ILO in Geneva through 
the Regional Office for Latin America and the Caribbean in 
Lima, Peru. 
 
¶19. (U) The CODEL did not clear this cable. 
 
 
Nichols