No Formal Colombia Report

The Clinton administration will not formally certify how well Colombia is complying with human rights requirements that were part of a $1.3 million U.S. aid package to fight drugs, the State Department said Thursday.

Instead, the White House will submit a voluntary report to Congress on Colombia's performance on several human rights issues outlined in the legislation, passed in July, that contained the U.S. aid.

"The White House did determine that the legislation doesn't require formal certification by the secretary of state or a waiver by the president in order to proceed to spend the money," approved by Congress, State Department spokesman Richard Boucher said in a briefing Thursday. "But the President decided that we should submit a voluntary report to our Congress that provides our assessment of the progress."

Boucher said the report was still being prepared Thursday.

The "Plan Colombia" law requires that Colombia take steps to bring to justice military officers suspected of human rights violations and suspend those officers from duty, and make sure that military leaders cooperate with civilian human rights officials.

Congress called for the secretary of state to send Congress compliance reports every 180 days, beginning 60 days after the enactment of the law. The law was signed by the president in November.

The White House waived the human rights requirements in August, saying it was in the United States' "national security interest" to fund Colombia's anti-drug strategy, for which the U.S. in supplying mostly military aid.

At that time, the White House said that "By the terms of the law, another certification or waiver will be required prior to the obligation of further funds in (fiscal year) 2001."

Boucher said Thursday that the Clinton administration did not feel that another formal certification or waiver was necessary.

Asked if the incoming Bush administration may have to decide on a certification or waiver of the human rights requirements, Boucher said, "I suppose other lawyers in a future administration could decide the law somewhat differently."

As to when the report would be delivered to Congress, Boucher said, "It has got to be before noon on Saturday, that's for sure." President Clinton leaves office at that time.

In August, the White House cited progress in Colombia in the form of new military justice laws designed to give teeth to its human rights laws. But the White House report also found that the military command had "only limited authority to promptly suspend" troops suspected of rights violations, and that prosecutors were worried that many officers guilty of rights crimes had escaped punishment.

Previewing the voluntary report the administration now plans to send to Congress, Boucher said "we note general progress by the Colombian Government and the armed forces on most human rihts issues."

"This report will offer the evidence of progress and improvement in matters involving civilian judicial jurisdiction over the military, separation of suspected human rights abusers from the armed forces, development of proper judicial procedures within the military, and efforts to control the paramilitary forces in Colombia," he said.

"The report will also note areas where we think additional steps should be taken by the Colombian Government."

By JARRETT MURPHY
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