COLOMBIA'S GOAL - DEMOBILIZE INSURGENTS

Our Opinion: To Get U.S. Funds, Criminal Mafias Must Be Dismantled

Getting some 20,000 paramilitary combatants to lay down their weapons and
reintegrate into society would go a long way toward ending the civil
conflict that has plagued Colombia for 40 years. Unfortunately, the
demobilization law approved by Colombia's congress last month is too flawed
to assure actual demobilization. It also would set a bad precedent for
demobilizing other illegal armies.

Since 2003, the Colombian government has made commendable efforts to
negotiate peace with the United Self-Defense Forces of Colombia (AUC). Like
El Salvador, South Africa and other countries that have suffered domestic
strife and atrocities, Colombia has every right to decide the conditions of
its own peace process. However, if Colombia wants U.S. help with funding,
the process must protect U.S. interests. Colombia should make sure that the
AUC's narcotics and other criminal enterprises are dismantled and that U.S.
extradition of accused drug capos will continue.

'Forgetting' A Massacre

As approved, Colombia's "Justice and Peace" law has too many loopholes. A
paramilitary combatant, for example, is not required to confess under oath
to crimes in order to benefit from a lenient sentence. Nor is he compelled
to divulge crimes committed by AUC mafias or others. There is hardly any
penalty for "forgetting" a massacre or an illegal asset. Unless prosecutors
can prove an "intentional" omission, which is extremely difficult, the
sentence won't change. In short, the full truth is not required.

Too few prosecutors with too little time for investigation and case
preparation virtually guarantees that many atrocities will go unexamined. A
notorious narcotrafficker who confesses to every drug offense will face a
sentence of as little as two to three years for all crimes -- and his
extradition to face those charges in the United States will be blocked
through a prohibition on double jeopardy.

Evidence of the law's failings comes from a new Human Rights Watch report.
It says that of 6,000 AUC combatants disarmed so far, only 25 have been
detained or charged; combatants, moreover, aren't being asked to divulge
details of crimes, criminal networks or illicit assets.

Legitimate Concerns

Colombian diplomats in Washington, D.C., last month lobbied for U.S.
support and funding for the demobilization effort, estimated to cost $130
million. While admitting the law isn't perfect, they argue that it is the
best compromise achievable. That's not good enough. Legitimate concerns
have been raised by Sens. Richard Lugar, R-Ind., and Patrick Leahy, D-Vt.
They and others attached a provision to a 2006 funding bill that would bar
such funding unless Colombia can guarantee that the AUC will be completely
dismantled and that drug lords will continue to be extradited. That's fair.

The United States has invested $3.5 billion helping Colombia's government
create greater security; under President Alvaro Uribe the support has paid
off. U.S. taxpayers shouldn't now pay for a peace process that would allow
the AUC's criminals to continue shipping a significant share of the cocaine
sold on U.S. streets.