Cablegate: Hague Compliance Report Preparation - Colombia

This record is a partial extract of the original cable. The full text of the original cable is not available.





E.O. 12958: N/A

REF: A) STATE 25492, B) BOGOTA 10415, C) STATE 168732, D)

1. (U) Although Post concurs with the Department's
assessment of Colombia as "non-compliant" with the Hague
Abduction Convention, Post notes legislation to implement
the Convention is moving through the Colombian Congress.
There are also positive developments in judicial training
and cooperation.

2. (U) Implementing legislation: On December 14, the
Colombian House of Representatives passed legislation that
clarifies jurisdiction by directing Hague cases to the
Family Court. Working with Colombian legislators and the
Ministry of Foreign Affairs, Emboffs successfully lobbied
for CA's suggested modifications to the bill prior to its
adoption by the House. The bill will now move to the
Senate, where our initial discussions with leading members
have been positive. We can reasonably expect the bill to
become law during the Spring 2005 legislative session.

3. (U) Judicial Training: A Family Court judge attended a
recent Latin American Judicial Seminar in Monterrey
sponsored by the Hague Conference on Private International
Law. The intent of the Conference was to promote more
effective implementation of, and compliance with, the Hague
Abduction Convention.

4. (U) Cooperation: The Ministry of Foreign Affairs
(which, with post encouragement, goaded the Ministry of
Social Protection and Supreme Council of the Judiciary into
drafting the necessary legislation) has agreed to take an
active role in inter-agency cooperation and follow-up, e.g.,
directing cases to trained judges.

5. (SBU) The Family Welfare division of the Ministry of
Social Protection still presents a potential challenge. For
example, Family Welfare declined to attend the Monterrey
training, despite the offer of U.S. financial assistance.
If the legislation described in para 2 above passes into
law, an abducting family member could file a "tutela" (a
species of appeal) that would result in the equivalent of an
injunction while the Constitutional Court considers the new

6. (U) Progress on Outstanding Cases: While post is
unable to report progress on the cases cited in reftel A,
consular officers successfully conducted a long-delayed
welfare and whereabouts visit to Christine and Amir Andre
Sheikh-Attar on December 7. Details to follow by Septel.
Additionally, a consular officer conducted a welfare visit
on August 24 to Sophia Fonte, who had been taken to Bolivia
by her mother while divorce proceedings were ongoing
(Reftels C and D). The Fonte family has since reconciled,
and the mother and child have returned to the United States.

7. (U) Comment: Although the legal processes have been
slowed by the implementing legislation, for the most part
Colombian officials are determined to implement the
Convention fully. Post is confident that after final
passage of the legislation, the GOC will implement the
provisions of the Convention.


© Scoop Media

World Headlines


Myanmar: UN Condemns Escalating Violence In Deadliest Day Of Protests So Far

In response to the killing of at least 18 protesters demonstrating against Myanmar’s military coup, the UN human rights office (OHCHR) on Sunday together with the UN chief, strongly condemned the “escalating violence” and called for an immediate end to the use of force... More>>

Syria: Economic Decline, Rising Hunger And Surging Humanitarian Needs

Syria’s fragile economy has “suffered multiple shocks” over the past 18 months, with its currency plummeting and joblessness swelling as people struggle to cover their basic needs, the UN Emergency Relief Coordinator told the Security Council ... More>>

OECD: Final Quarter Of 2020 Shows Continued Recovery In G20 International Merchandise Trade

G20 international merchandise trade continued to rebound in the fourth quarter of 2020 ( exports up 7.2% and imports up 6.8%), following the sharp falls seen in the first half of 2020, as lockdown measures affected trade globally. Although growth ... More>>

Focus On: UN SDGs

UNFCCC: Greater Climate Ambition Urged As Initial NDC Synthesis Report Is Published

UN Climate Change today published the Initial NDC Synthesis Report, showing nations must redouble efforts and submit stronger, more ambitious national climate action plans in 2021 if they’re to achieve the Paris Agreement goal of limiting global temperature rise by 2°C—ideally 1.5°C—by the end of the century... More>>

2021: Critical Year To ‘reset Our Relationship With Nature’ – UN Chief

During this time of “crisis and fragility”, the UN chief told the United Nations Environment Assembly on Monday that human well-being and prosperity can be vastly improved by prioritizing nature-based solutions. Painting a picture of the turmoil ... More>>

Paris Agreement: UN Secretary-General António Guterres To Mark U.S. Reentry With Envoy For Climate John Kerry

Watch live at UN Secretary-General António Guterres will join U.S. Special Presidential Envoy for Climate John F. Kerry at an event marking the United States’ reentry into the Paris Agreement this Friday. The discussion with the Secretary-General ... More>>