http://www.thenation.com/docPrint.mhtml?i=special&s=vest20010717




Plan Colombia Broadens

by JASON VEST

These days, the buzz on Capitol Hill seems loudest about Gary Condit. But
late Thursday afternoon, phones started ringing after a Congressional staffer
discovered a disconcerting bit of text in the considerably less sexy but
eminently more important House Foreign Operations Appropriations bill.

The passage has left a number of legislators and staffers wondering: Is the
Bush Administration trying to quietly increase the use of private US military
contractors in the Andean drug war?

When the Clinton Administration was pushing Plan Colombia--the $1.3 billion
package of largely military aid it held would help end Colombia's
narcotics-financed civil war--Congress took into account concerns that the US
might find itself mired in another Vietnam. As such, legislators capped the
number of Colombia-based US military personnel at 500, and restricted them to
training activities. Unlike their active duty counterparts, however, civilian
contractors--many of whom are former soldiers or airmen working under State
Department auspices--can put themselves in harm's way, as they're
specifically paid to do everything from piloting fumigation planes to
ferrying and even rescuing counternarcotics troops. But Congress capped their
numbers, too, mandating that no more than 300 outsourced civilians can be in
Colombia at any time.

As violence and drug production spills over Colombia's borders, the Bush
Administration has decided to broaden Plan Colombia. Congress is giving the
Bush Administration an additional $676 million to fund what is now called the
Andean Counterdrug Initiative (ACI)--an effort that would send more drug war
cash to Colombia and, now, its neighbors. Many are skeptical that a
disproportionate amount of money spent on supply reduction will ameliorate
America's drug problem or Colombia's war; as such, on July 10, House
Appropriations Committee Democrats Nancy Pelosi (D-CA) and David Obey (D-WI)
offered amendments that would have redirected some or all of the money to US
drug treatment programs. No one was surprised when they failed. "At least on
this side of the Hill," sighed one Democratic staffer, "the notion of
expanded treatment or demand reduction is virtually hopeless."

But what did come as a shock was the discovery of language in the bill
(apparently inserted late in the game by Foreign Operations subcommittee
chairman Jim Kolbe) that not only gives the Bush Administration authority to
send as many private military specialists as it wants to Colombia, but to
send them in as heavily armed as they want--and with broad rules of
engagement.

According to the bill, the $676 million will only be available as long as
it's "without regard to section 3204(b)(1)(B) of Public Law 106-246"--the
part of Plan Colombia that capped the contractor cadres at 300. Neither
Kolbe's office nor State Department officials had responded to queries by
Friday evening, leaving critics of US Colombia policy concerned that the
bill's language could open the door for the United States to start fielding a
private army in Colombia. "It's a back-door way of escalating our involvement
in the Andean region and providing additional money to private military
contractors [PMCs} who have not been effective," said Nadeem Elshami, a
staffer for Rep. Jan Schakowsky (D-Ill).

Lisa Haugaard, legislative coordinator of the Washington-based Latin America
Working Group, said that State is likely to explain the waiver of contractor
limits as necessary to accommodate more contract personnel for the US Agency
for International Development, or "the more palatable side" of the Plan
Colombia expansion. While ACI does increase funds for social and economic
development programs, according to the State Department's fact sheet on ACI,
there is also more fiscal support for "backing joint operations between the
Army's new, air mobile counternarcotics brigade and the Colombian National
Police's anti-narcotics unit" as well as "maritime and aerial interdiction
[and] the Colombian National Police's aerial eradication program with
additional spray aircraft"--all areas where US private military contractors
play a role. "This is an attempt by the Bush Administration to shake off the
limits imposed by Congress last year," says Haugaard. "The question is, Is
Congress going to let them?"

Any effort to strike the language is likely to face an uphill battle in the
House, which will likely vote on the bill July 18 or 19. But Schakowsky (who
has introduced legislation banning the use of PMCs in the Andes) and Rep.
John Conyers, Jr. (D-Mich) are nonetheless gearing up to lead a fight against
the contractor cap waiver.

On the other side of the Hill where the Democrats are in control, several
powerful senators have seen the House bill, and are not pleased--especially
after a pointed encounter with Administration representatives last week. At a
July 11 hearing before the Senate Foreign Operations Appropriations
subcommittee, Assistant Secretary of State for International Narcotics and
Law Enforcement Rand Beers incurred some ire by dodging a number of questions
put to him about the use of--and lack of information about--State Department
contractors like DynCorp.

But Beers also told senators that US contractor pilots would be out of
Colombia by the end of 2002--an assertion which some senators and their
staffs now find strange, given the language in the House bill. "If anything,
the number of Americans should be going down, not up, as people in the Andean
countries learn from Americans and take on their own responsibilities," says
a senior aide to one committee chairman. "There are concerns here about the
growing presence of Americans in Colombia and throughout the Andean region,
and about the limited information on what they're doing, and risks to their
safety."

Which raises another question about the Andean Counterdrug Initiative.
Apparently even the most vigilant Andean policy critics missed a condition
buried in the original Plan Colombia package that has cropped up again in the
ACI legislation, a proviso stating that "section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated under this
heading." The first part of Section 482 forbids State Department contractors
from using federal money to buy weapons. But Section 482(b) actually exempts
State Department counternarcotics contractors from this restriction, allowing
them to buy guns and ammo with federal funds to arm aircraft and
personnel--as long as it's for "defensive" purposes.

"Defensive," as staffers and others note, can already be expansively
interpreted; by essentially erasing the "defensive" clause, the new bill
removes even the vaguest restrictions on armed contractor arsenals and
activities. According to Sanho Tree, director of the Drug Policy Project of
the Institute for Policy Studies, the re-affirmation of the Section 482(b)
exemption is particularly troubling, as it echoes a proposal in a US Air
Force-sponsored RAND Corporation report that policymakers are reading with
increasing interest.

Entitled "Colombian Labryinth," the RAND report asserts that "drugs and
insurgency are intertwined in complicated and changing ways but the former
cannot be addressed without the latter," and concludes US-backed efforts to
reduce the drug supply in Colombia have been ineffective, The reason, RAND
says, is because the United States has focused more on "counternarcotics"
assistance (aid to anti-drug police and special military anti-drug units)
rather than "counterinsurgency" (aid to Colombian military in its war with
the left-wing FARC and ELN).

While a number of investigative journalists and watchdog groups have
demonstrated US aid and assistance has already crossed the line from
counternarcotics to counterinsurgency, RAND recommends that the United States
once and for all dispense with the dubious notion that there's any difference
between the two, and lays out an expansive proposal for increasing US
military aid and assistance to Colombian government in its fight against
leftist rebels. But use of US troops is something even the Bush
Administration is leery of: At his confirmation hearing earlier this year,
Peter Rodman, Bush's nominee to be Assistant Secretary of Defense for
International Security Affairs, told senators that "none of us wants to get
into a war. The word 'counterinsurgency' scares the hell out of everybody."

But as Tree notes, everything the RAND report recommends--helping the
Colombian military develop new infantry and air tactics, setting up better
intelligence networks in Colombia, and greater training and equipping
Panama's police and military--are all things that don't necessarily have to
be done by active-duty US military personnel, but hired contractors. "While
there are certainly those who favor that approach," says a Congressional
specialist on Colombia, "we haven't really felt that much pressure to go down
that road this year, contrary to last year. Whether that view would carry
weight here, without a fair amount of more selling on the part of the
administration, isn't clear." There is, however, even more money slated for
Colombia's armed forces and counternarcotics operations in the Pentagon's
FY02 spending bill, which is still stuck in the Defense Appropriations
subcommittee. In additional, while troops may be capped, a lot of US-produced
military hardware is already heading south.

As for the language in the House bill, whether or not it gets a warm
reception from Senate Foreign Operations Appropriations subcommittee remains
to be seen; Chairman Patrick Leahy (D-Vt) is no fan of the drug war, and even
ranking minority member Mitch McConnell (R-Ky) is working with Leahy to
legislate a ban on presidential waivers of human rights conditions tied to
counternarcotics aid. While Leahy's office did not return calls, Allison
Dobson, press secretary to Senator Paul Wellstone (D-MN), said Wellstone will
"certainly fight the House provision" if it crops up in the Senate. "Plan
Colombia," she said, "is quicksand. What this shows is we're being asked to
put more and more into it, which is what we feared from the beginning."

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