Cablegate: Goc Resolution Signed On Spraying in Colombia's

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

252116Z Aug 05

UNCLAS SECTION 01 OF 02 BOGOTA 008041

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: SNAR CO
SUBJECT: GOC RESOLUTION SIGNED ON SPRAYING IN COLOMBIA'S
NATIONAL PARKS

1. (SBU) SUMMARY: On August 17, Colombia signed a
resolution to authorize spraying in national parks if four
conditions are met. The first park under consideration for
spraying is "La Macarena," located in southeast Colombia; it
has been under the effective domination of the FARC for
years and has large areas of mature coca, six feet high
plants producing up to five harvests a year. The Embassy
would like to initiate spraying in the park By October 1.
The Embassy asks that the Department begin consultations
with the Hill to comply with relevant U.S. ACI legislation.
END SUMMARY.

THE RESOLUTION
--------------

2. (SBU) On August 17, Colombia's Chairman of the National
Council of Controlled Substances (CNE in Spanish), Minister
of Justice and the Interior Sabas Pretelt, signed an August
5 CNE resolution authorizing him to approve aerial spraying
with glyphosate in specific national parks, based on four
conditions. The resolution is principally based on Article
91 of Law 812 from 2003, which assigns the CNE the
responsibility of destroying illicit crops using the most
appropriate means, while ensuring the safety and health of
local populations and the environment. Post is translating
the resolution and will forward it to Washington.

THE FOUR STEPS
--------------

3. (SBU) Four steps are required for spraying in each
national park:

A. (SBU) There must be an evaluation of the park by the
Counternarcotics Police (DIRAN) in consultation with other
ministries and entities as necessary. We understand that
this will look at socio-economic factors, cultural factors,
ethnic factors, and environmental factors. The evaluation
will form the baseline for any future claims or accusations
of damage from aerial spraying.

B. (SBU) There must be consultation with any indigenous
communities resident in the park by the National Directorate
for Controlled Substances (DNE), which is the
technical/administrative arm of the CNE. Colombian law does
not require the GOC to accept their suggestions or
petitions, only to consult. Consultations have been done in
the past outside of the parks and have generally gone very
well.

C. (SBU) DIRAN must certify that illicit cultivation exists
in the park and that it is increasing. DIRAN information,
information from the Crime and Narcotics Center (CNC), and
information from the UN's Integrated Monitoring System for
Illicit Cultivation (SIMCI in Spanish) demonstrate that
cultivation is increasing in the parks. Overflights and
anecdotal information also indicate that cultivation in the
parks is increasing.

D. (SBU) The DIRAN also must report on the security
situation in the park to compare the security risks of
aerial and manual eradication. If appropriate, the DIRAN
can address topographical characteristics to describe how
they may impede manual eradication. One indicator may be
that the Colombian National Police (CNP) has previously
asked the Army to provide security in the national parks for
manual eradication and has been denied.

CNE PRESIDENT'S APPROVAL
------------------------

4. (SBU) Pretelt has expressed his support for spraying in
the national parks. The Embassy believes that once the four
steps have been fulfilled for a specific park, Pretelt will
authorize spraying.

THE PARK UNDER CONSIDERATION
----------------------------

5. (SBU) The primary national park under consideration is
the "Parque Sierra de La Macarena" located in the
southeastern departments of Meta and Guaviare, just north of
the "Plan Patriota" operational area. The park has been
under control of the FARC for years, is one of the embassy's
favorite overflight targets when we want to show visitors
massive fields of mature coca, with plants up to six feet
tall and with up to five harvests per year. There are no
indigenous communities living within "La Macarena's"
boundaries. "La Macarena" is believed to be the park least
suited for manual eradication due to the heavy FARC presence
and the difficult terrain and access. The CNC found 3,500
hectares of coca in "La Macarena" in 2004. This is 53
percent of the 6650 hectares observed by the CNC. DIRAN's
internal estimates for this park are 3,797 hectares.
SIMCI's estimates for 2004 in this park are 2,707 hectares.
While lower than the other two estimates, this latest SIMCI
estimate is an increase of 76 per cent compared to the 1,152
hectares estimated by SIMCI in 2003.

POSSIBLE OPPOSITION
-------------------

6. (SBU) The CNE resolution is essentially an executive
action. Interested parties could file a motion to annul the
resolution with the Administrative Tribunal of Cundinamarca,
which can support it, halt action, or refer it to the
highest administrative court in Colombia, the "Consejo del
Estado" (State Council). Legal experts believe an outright
halt is unlikely since the resolution implies no "flagrant"
contradiction or abuse of the constitution. In the past, an
NGO called "Colectivo de Abogados" (The Lawyers' Collective)
has filed motions against aspects of the spray program, but
never could shut it down. Legal experts estimate that a
motion or appeal to annul the resolution would take at least
a year and probably longer. While it is possible under
Colombian law that such action would halt the park spraying
operations, Embassy lawyers believe that a court mandated
halt to spraying is an unlikely outcome.

THE TIMELINE
------------

7. (SBU) The DIRAN, CNE, and DNE want to begin spraying as
soon as possible. President Uribe fully supports spraying
in the national parks. The DIRAN and DNE employees who will
be doing the technical work believe that they can complete
the necessary steps by October 1, although that may be
optimistic.

WASHINGTON CONSULTATIONS NEEDED
-------------------------------

8. (SBU) Embassy supports spraying in "La Macarena" as soon
as possible. The 2005 ACI legislation prohibits using ACI-
funded equipment and assets to spray in Colombia's national
parks without first satisfying certain requirements. Post
asks that Department begin Congressional consultations to
comply. Embassy recommends that consultations begin
immediately.

WOOD

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