March 13, 1996: Congressional Record publishes “URGING MEMBERS TO READ ABOUT HUMAN RIGHTS IN BOLIVIA”

March 13, 1996: Congressional Record publishes “URGING MEMBERS TO READ ABOUT HUMAN RIGHTS IN BOLIVIA”

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Volume 142, No. 34 covering the 2nd Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“URGING MEMBERS TO READ ABOUT HUMAN RIGHTS IN BOLIVIA” mentioning the U.S. Dept of State was published in the Extensions of Remarks section on pages E338-E339 on March 13, 1996.

The publication is reproduced in full below:

URGING MEMBERS TO READ ABOUT HUMAN RIGHTS IN BOLIVIA

______

HON. JIM McDERMOTT

of washington

in the house of representatives

Tuesday, March 12, 1996

Mr. McDERMOTT. Mr. Speaker, I would like to take this opportunity to enter into the Record this letter to Secretary of State Warren Christopher regarding human rights in Bolivia. Twenty-eight nongovernmental organizations from the United States wrote this letter to ask the United States Government to ensure that Bolivian antinarcotics police receiving United States assistance comply with Bolivian and international laws when carrying out arrests and that the United States support Bolivian measures to improve human rights.

I am particularly interested in this letter because it highlights the human rights situation in the Andean nations receiving antinarcotics assistance from the United States. I think it is important that we monitor how U.S. assistance is used to ensure that it is used for its stated purpose, and that it does not contribute to human rights violations in the Andean nations. Our commitment to support human rights around the globe requires congressional attention to this matter.

February 15, 1996.Hon. Warren M. Christopher,Secretary of State, Department of State,Washington, DC.

Dear Mr. Secretary: We are writing to express our deep concern regarding human rights violations occurring as a result of antinarcotics operations in Bolivia. On March 1, 1996 the Administration is slated to announce its annual

``certification'' of countries cooperating with U.S. antinarcotics objectives. As you undertake your review of antinarcotics efforts in Bolivia, we urge you to look closely at those violations to seek ways to work with the Bolivian government to implement measures that could improve the protection of human rights in that country.

Human rights abuses remain pervasive in the Chapare, the rural area in which most of Bolivia's coca is grown and cocaine base produced. For years, the antinarcotics police--trained and funded with U.S. assistance--has run roughshod over the local population, carrying out arbitrary searches and arrests, stealing the meager possessions encountered, and manhandling and beating individuals during raids and interrogations. Impunity for abuses committed by antinarcotics police is the norm. If investigations are initiated, they are cursory and incomplete; sanctions are rarely imposed.

Social unrest and conflict in the Chapare increased significantly over the second half of 1995, as a result of stepped-up coca eratication efforts. Last spring, the U.S. government sent the Bolivian government a letter stating that Bolivia would be treated as ``decertified'' and therefore ineligible for U.S. assistance if it did not, among other conditions, meet coca eradication targets. In response to the U.S. ultimatum, the Bolivian government stepped up antinarcotics operations despite well-founded fears that these actions would unleash a wave of violence. As predicted, the eradication efforts sparked violent confrontations with coca growers, resulting in at least seven deaths, scores wounded and hundreds arrested. Careless and indiscriminate use of force by the Bolivian police against those opposing coca eradication policies is disturbingly frequent.

Since mid-January, the Bolivian antinarcotics police have undertaken massive sweeps in the Chapare, arbitrarily detaining over three hundred people. Those detained are typically held several days and released without charges; indeed, without ever being presented to a judge. On January 29, the police also broke up a peaceful hunger strike in support of the women protesting the government's coca policies and threw over fifty people into jail. Neither Bolivian law nor international human rights standards permit these warrantless arrests of individuals against whom there is no evidence of participation in criminal conduct. The government is clearly using police powers to stifle lawful political opposition to its policies. Given the proximity of a decision on certification, we also suspect the Bolivian government is detaining hundreds in the hopes of impressing the United States with its antidrug commitment.

The Bolivian antinarcotics efforts also continue to rely on special judicial procedures that violate fundamental due process considerations. Under Bolivia's Law 1008, those who are formally charged with drug offenses--no matter how minor--are imprisoned without the possibility of pre-trial release and must, even if acquitted, remain in prison until the trial court's decision is reviewed by the Supreme Court, a process that takes years. The U.S. government provides funding for the salaries and expenses of special prosecutors for the antinarcotics courts.

We recognize the United States does not encourage or condone human rights abuses by Bolivian antinarcotics forces. Nevertheless, the United States shares responsibility for those abuses. The U.S. government provides funds and technical assistance to all of the Bolivian agencies involved in counternarcotics activities and, as just noted, to the antinarcotics courts. Bolivia has passed laws, created institutions and adopted antinarcotics strategies shaped by U.S. concerns and pressure.

We urge you to ensure that the U.S. government no longer underwrites human rights abuses in Bolivia by adopting policies more sensitive to the political, economic and social cost of antinarcotics operations in Bolivia. Specifically, we urge the U.S. government to:

Support revisions in Law 1008 which would ensure that Bolivia's judicial procedures for drug offenses meet international due process norms and standards.

Ensure that Bolivian antinarcotics police receiving U.S. assistance and support comply with Bolivian and international laws when carrying out arrests.

Provide the necessary support to enable the Bolivian antinarcotics police to establish effective complaint and review procedures to hold abusive agents accountable.

Expand reporting on human rights abuses stemming from antinarcotics operations in the State Department's annual human rights report for 1996.

The issue of drug abuse is important to the American people and deserves the attention of our nation's leaders. U.S.-supported coca eradication efforts in Bolivia, however, have yielded little results in reducing the amount of cocaine coming into the United States, and few independent observers believe they can ever succeed in reducing the flow of cocaine to our country. At the same time, they have increased social tensions and fostered human rights abuses. In crafting future policy, adoption of the measures we have outlined could result in significant improvements in the human rights situation in Bolivia and would send an important message to the Bolivian people regarding U.S. concern for human rights.

Thank you for your attention to our concerns.

Representatives from the following organizations signed on to the February 15, 1996 letter to Secretary of State Warren Christopher addressing human rights concerns as a result of U.S. anti-narcotics policy in Bolivia:

Washington Office on Latin America.

Maryknoll Society Justice and Peace Office.

American Friends Service Committee, Washington, Office.

Carnegie Endowment for International Peace.

Catholics For Justice, Latin American Task Force, Diocese for Kansas City-St. Joseph, Missouri.

Center for Concern.

Church of the Brethren.

Clergy for Enlightened Drug Policy.

Columban Justice and Peace Office.

Comboni Peace and Justice Office, Cincinnati, OH.

Latin American Studies Program, Cornell University.

Criminal Justice Policy Foundation.

Drug Policy Foundation.

Fellowship of Reconciliation Task Force on Latin America and the Caribbean.

Foundation on Drug Policy and Human Rights.

Inter-American Dialogue.

North American Congress on Latin America (NACLA).

Guatemala Human Rights Commission/USA.

International Labor Rights Fund.

Maryknoll Society.

Office of Social Concerns, Maryknoll Sisters.

NETWORK: A National Catholic Social Justice Lobby.

Open Society Institute.

Pax Christi U.S.A.

Peru Peace Network.

Sisters of Saint Joseph of Carondelet.

U.S. Catholic Conference.

Unitarian Universalist Service Committee.

The following individuals also signed on to the letter: Melina Selverston and Cynthia McClintock.

____________________

SOURCE: Congressional Record Vol. 142, No. 34

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