Group Chief Executive
British Petroleum Company Plc.
Britannic House
1 Finsbury Circus
London, EC2M 78A
Fax: 0171-498-4572

Dear Mr. Browne,

As you are aware, Human Rights Watch has been studying the human rights implications of your collaboration with Colombia’s Defense Ministry. Throughout this research, your corporation has shown great openness in meeting repeatedly with our staff and discussing openly your policies. It is in the spirit of this constructive dialogue that we write now to express concerns over human rights issues related to your security arrangements. Our research has raised concerns that British Petroleum, as operator of the associational contracts exploiting the Cusiana-Cupiagua fields, has not taken adequate measures to address human rights violations allegedly committed by forces protecting the company’s interests and to prevent their recurrence.

We recognize that oil extraction in Colombia is extremely hazardous. Guerrilla forces in Casanare and Arauca use deadly tactics in their effort to extort money from transnational corporations or drive them out of the country. To do that, guerrillas regularly kidnap and murder company personnel, in violation of international humanitarian law, and subject your facilities to regular attack.

This danger has led your company to rely on the Colombian military, an institution with one of the worst human rights records in the hemisphere, to provide security. Serious allegations of human rights violations by Colombia’s military in Casanare in 1994-95 have yet to be resolved, while abuses by paramilitary forces, or armed citizens often acting in concert with the military, are on the rise. To the best of our knowledge, BP has raised concerns about human rights violations in Casanare, but has not taken adequate steps to prevent further abuses and to address those that have occurred.

We were pleased to learn from BP Exploration Company (Colombia) management that the company views with concern the rise of paramilitary activity in Casanare and the apparentintimidation of company critics by paramilitaries.15 Indeed, violent paramilitary activities in Casanare should be of concern to British Petroleum because of serious allegations that they are carried out with military acquiescence, if not direct participation. We urge the company to use its influence to press for investigation and prosecution of paramilitary crimes in Casanare in order to make clear that intimidation in the company’s name will not be tolerated. This is especially important because of the perception among many in Casanare that the company tolerates paramilitary activity, apparently because of the company’s past employment of a former military officer who allegedly engaged in paramilitary activities.16 As you know, paramilitary groups are now responsible for the majority of the violent human rights abuses in Colombia.

We urge you to take further steps to demonstrate your commitment to upholding human rights. At this time, the terms and conditions of the relationship between BP and Colombia’s security forces are under negotiation, although we understand that the state petroleum corporation, Ecopetrol, is acting as an intermediary. We strongly urge you to use this opportunity to design and implement a proactive human rights policy with the goal of preventing a situation in which security forces defending your interests engage in human rights violations.

As a basic principle, we urge you to insert a clause into any security agreement signed with the government or a state entity such as Ecopetrol that requires, as a condition of contract, that state security forces operating in the area of company installations conform to the human rights obligations Colombia has assumed under the American Convention on Human Rights and the International Covenant on Civil and Political Rights, as well as other international human rights and humanitarian norms. Such a clause is notably absent from the collaborative agreements BP has signed with the Defense Ministry to date. Furthermore, in the spirit of transparency, your contract should be open to public scrutiny, with the sole exception of operative details that could jeopardize individuals' lives.

Moreover, because of the pattern of gross violations of human rights attributed to the Colombian military and paramilitary groups that operate with military acquiescence, we urge you to adopt the following recommendations. We are presenting a similar letter, with comparable recommendations, to the partners in the Cravo Norte Associational Contract.

I. Personnel

A. Screening

1. The military and police should provide your company with the names and military biographies of each policeman and soldier who will form part of the units employed to protect the companies, including the entire roster of the XVI Brigade. You should insist that the military first screen the individuals to ensure that there are no credible accusations of human rights violations pending against any officer or soldier.

2. British Petroleum should dedicate a task force of employees to further screen this list. The company should actively seek out information on officers and soldiers from the three institutions of the Colombian state that investigate rights violations — the Fiscalía General de la Nación, the Procuraduría General de la República, and the Defensoría del Pueblo — to confirm that the individuals who will defend the company’s interests donot have credible accusations pending against them. The companies should welcome information from other reliable sources as well, including non-governmental organizations that monitor human rights. Any credible allegation of human rights violation should be cause for the company to reject the service of an individual soldier or policeman.

3. BP should also screen the records of former police or military officers who work as private contractors or part of BP’s regular security staff. If the company finds credible allegations of human rights abuse or paramilitary activity, the individuals should not be hired. Those already on the payroll should be suspended immediately, and any relevant information forwarded to the proper authorities for investigation.

B. Discouraging Human Rights Abuse

The companies must make absolutely clear to the police and military defending them — as well as to company staff and sub-contracted personnel — that human rights violations will not be tolerated, and that the companies will be the first to press for investigation and prosecution if any abuses occur. This message should be widely distributed amongst the ranks in writing, as well as in regular meetings with officers and soldiers. This message should explicitly demand respect for international humanitarian law as well as human rights and should exhibit a policy of no tolerance for torture, extrajudicial executions, and disappearances. The company should emphasize that those engaged in peaceful protest against company policies should not be subjected to human rights violations or labelled subversives because of their political views.

II. When Abuses Occur

Whenever credible allegations of human rights abuses arise, your corporation should insist that the soldiers and officer implicated be immediately suspended and the appropriate internal and criminal investigations launched.

The company should actively monitor the status of the investigations and press for resolution of the cases. If the investigations or prosecutions are unduly stalled, the company should publicly condemn the failure to conduct or complete the investigations.

III. Auditing Assistance

The non-lethal character of the companies’ assistance to the security forces should be the subject of external auditing on a regular basis by a company with an unquestionable reputation. Those audits should be made public.

HUMAN RIGHTS CONCERNS RAISED BY OUR INVESTIGATION

Several cases of serious human rights violations in Casanare have yet to be resolved by Colombian authorities. BP should strongly urge the Colombian government to undertake serious and sustained efforts to investigate, prosecute, and punish those responsible for these violent abuses.

Carlos Mesías Arriguí Cerquera and Gabriel Federico Ascencio: On April 13, 1995, these two peasant activists were shot dead by gunmen in Arriguí Cerquera’s residence and shop in Yopal. The men fled on a motorcyclewith no license plates, according to a governmental report.17

At the time of his death, Arriguí Cerquera was president of the Asociación Departamental de Usuarios Campesinos (ADUC) in Casanare, the local branch of a national smallholders association. He also had been a leader of the January 1994 El Morro paro, or work stoppage, against BP.18

Military and police commanders in the region alleged that Arriguí was a guerrilla. Without explaining the apparent contradiction, they also insisted the guerrillas were responsible for his assassination. We are aware of no evidence to support the claim that Arriguí was killed by guerrillas. The government’s interinstitutional commission called for an investigation “to establish the presumed participation of state agents” in the slaying.19 In January 1998, the Human Rights Unit of the Fiscalía issued a report responding to allegations of human rights violations by BP, in which it discarded as unlikely that Arriguí was killed because of his involvement in protests against the company. However, the report strongly suggested Arriguí was killed by the military because of his perceived involvement in guerrilla activities. The Fiscalía found no cause to open a formal accusation against the company on any charges of direct involvement in human rights violations.20 BP, for its part, has apparently condemned the murders of Arriguí and Ascencio and urged an expedited judicial investigation.21 BP should continue pressing for resolution of the Arriguí murder until those responsible have been fully prosecuted.

Mysterious circumstances surround the killings of Virginia Oballe de Castro and her son, Ramiro Castro Oballe. Oballe de Castro was a local wealthy woman engaged in various causes and who, according to numerous individuals whom Human Rights Watch interviewed, possibly had conflicts with various local actors, including BP, the local government, and one or another guerrilla faction. At the time of her murder, Oballe de Castro was reportedly engaged in a reforestation contract with BP.22 The two victims were taken from their home in the Jorge Eliecer Gaitán neighborhood of Aguazul and killed on October 21, 1996. According to information received by the Banco de Datos de Violencia Política, a group of men identifying themselves as agents of the Administrative Security Department (Departamento Administrativo de Seguridad, DAS) forced the two into a vehicle and drove off.23 According to documents Human Rights Watch reviewed in the local Fiscalía office, however, the guerrilla Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias Colombianas, FARC) is presumed responsible for theirdeaths, which resulted from 12 mm. caliber gunshots. In November 1996, the Army reportedly claimed to have the killer(s) in custody; however we are unaware of any further steps taken in this case.

Several others involved in the 1994-96 protests against your company complained of resulting threats and harassment. Some of these cases were made public by British MEP Richard Howitt, who travelled twice to Colombia to investigate.

· Ramón24 works for a BP contractor. He participated in a two-week paro at the Aguazul central processing facility (CPF) in May and June 1996. He stated that on June 3, 1996, the last day of the Aguazul paro, he attended a meeting with BP construction workers at which Army, police, and representatives of the Fiscalía were present. As Ramón left to get a drink, three BP security guards threatened him. They told Ramón that if “I didn’t stop fucking around, they would skin me alive,” Ramón told Howitt. Ramón alleged that BP guards threatened him on two more occasions that day. Ramón indicated that he was “more afraid of BP than of the guerrillas. I am not a leader, but I have always stood up against BP and they do not like that.”

· Juan, a municipal councilor, attended meetings with BP in which he states Army members participated in disguise. At one meeting he recalled that an individual began taking pictures of attendees. He stated that threats ensued, both written and telephoned. Juan stated that the Fiscalía has the documents in its possession. He also explained that pretend mourning notices for his demise were posted in town. At a meeting with police and the Army, a colonel showed Juan and others a photo album of presumed guerrillas; Juan’s picture was in the album. After that meeting, he felt compelled to resign his post as municipal president.

Tauramena Protest

The repression on September 16, 1996, by security forces of the several-week-old protest in Tauramena against your company resulted in the death of a photographer covering the event, as well as the injury of several police and a protester. The circumstances of this grave incident have yet to be clarified.

Marcos Mendoza

Soldiers of the Guías de Casanare Battalion, operating under the authority of the XVI Brigade, allegedly shot dead Marcos Mendoza on June 3, 1996, in his home in the Planadas communities. Mendoza had reportedly participated in a stoppage protesting BP policies. Earlier on the day of his murder, soldiers had searched the communities, according to residents, threatening to return. Inside the teacher’s house, soldiers reportedly broke a metal filing cabinet and confiscated photographs of Mendoza. They then searched Mendoza’s house. One resident present when the army arrived was reportedly injured during the search.25 Mendoza’s widow visited military barracks to inquire about her husband’s murder and was informed that he was a guerrilla commander. The Army offered to reimburse her for two chickens killed during the assault.26

Human Rights Violations Attributed to Paramilitary Groups

Most observers interviewed by Human Rights Watch believe that the presence of paramilitary groups in Casanare is growing, including the officially-sanctioned Rural Security Cooperatives (Cooperativas de Vigilancia y Seguridad Rural, CONVIVIR), made up of civilians authorized to gather intelligence for the security forces, join maneuvers, and use weapons banned for private ownership, including machine guns, mortars, grenades, and assault rifles. Although CONVIVIRs receive a government license, the identities of their members remain anonymous even to local authorities, making it extremely difficult to establish accountability for their actions.

In 1997, we received credible reports that CONVIVIR groups in the Middle Magdalena and southern Cesar regions were led by known paramilitaries and had threatened and killed Colombians deemed sympathetic to guerrillas or who refused to join.

Other violent civilian groups falling under the rubric of paramilitaries are those linked to illegal drug traffickers, wealthy business people and/or individuals with large landholdings.

In principle, the military is committed to combatting paramilitaries in Casanare. Gen. Ismael Plata Vera, commander of Army’s XVI Brigade based in Yopal, told Human Rights Watch that should a paramilitary group appear, the Army was committed to combatting it, just as it would any other illegal armed group.27 Nevertheless, General Plata said that the Army had no concrete evidence of their presence in the department and denied that paramilitaries commit abuses in Casanare.28 However, our research indicates army tolerance for paramilitary activities in Casanare and in some cases, direct collaboration. The general’s statement, which flies in the face of available facts, suggests a military interest in covering up for paramilitaries.

· In La Curama community and in Pore, Pore municipality, a reported twenty-five armed and hooded men, dressed in olive green, shot five people to death on January 5. 1997. The victims were Blanca Dorelis Tumay Acero; Rosendo Fonseca Chaparro, Fonseca’s wife, Graciela Bohórquez; their son, William Fonseca B.; and Bernabé Liberato Roa.29 Another man, Diego Aponte Alvarado, was also killed in Pore.30 Residents reportedly indicated that the killers belong to a presumed paramilitary group known generically as the “Masetos.”31 The attack may have been in retaliation for a previous taking of the town by guerrillas.32

· Presumed members of the Renacer security cooperative, or CONVIVIR, murdered two men and a woman, Walter Balaguera, Filiberto Ruiz, and Hair Gualdrón Rodríguez in front of their six children in Trinidad(or San Luis de Palenque) municipality on December 2, 1996.33 Balaguera was reportedly tortured before being murdered. This CONVIVIR has reportedly engaged in threatening residents, searching homes illegally, confiscating goods, and hindering residents’ freedom of movement.34 Some families —including that of Hildebrando Camacho Calderón, president of San Luis de Palenque’s municipal council— have since fled the area. Although residents of Trinidad and San Luis de Palenque have reportedly denounced these activities to the local military contingent, the Guías de Casanare Battalion,35 no action has been taken against them to the best or our knowledge. Local civic leaders have been invited to participate in the CONVIVIR, believed to be led by a local attorney.36

· On September 28, 1996, in Aguazul’s Porvenir neighborhood, individuals using firearms of assorted caliber shot dead Germán Cárdenas Albarracín, William Heredia Tovar, and Salvador Monsón Vargas.37 A witness interviewed by the BBC indicated that Army soldiers surrounded the neighborhood before allowing gunmen to come in and remove the victims from their homes.38 The gunmen apparently wore hoods and were dressed in military-style uniforms.39 Human Rights Watch received allegations that the Renacer CONVIVIR was involved in the killings.

· At about 4:00 a.m. on November 2, 1995, a group of approximately seventeen heavily-armed individuals, dressed in civilian clothing and with covered heads or faces, broke into the house of brothers Audenar and Wilmer Antonio García Mantilla. The house is located on the Mañanitas farm, Trinidad municipality. The men shot Audenar as he attempted to flee. They captured Wilmer, tied him to a tree, and opened fire on him, killing him. The armed men used a radio to call for assistance, and a military helicopter arrived a short time later. A uniformed man, to whom the individuals referred as “my lieutenant,” emerged from the helicopter. The majority of the individuals dressed in civilian clothing left in the military helicopter. Audenar died later from his injuries.40

We look forward to a productive dialogue with your company regarding these serious issues.

Sincerely,

Dr. José Miguel Vivanco
Executive Director
Americas Division
Human Rights Watch

cc: Dr. Chris S. Gibson-Smith

Managing Director
British Petroleum Company Plc.

AMERICAS DIVISION
José Miguel Vivanco
Executive Director

Anne Manuel
Deputy Director

Joel Solomon
Research Director
James Cavallaro
Brazil Office Director
Jennifer Bailey
Sebastian Brett
Sarah DeCosse
Robin Kirk
Research Associates
Steven Hernández
Megan Himan
Associates

ADVISORY COMMITTEE
Stephen L. Kass
Chair
Marina Pinto Kaufman
David Nachman
Vice Chairs
Roland Algrant
Michael Barnes
Peter D. Bell
Robert L. Bernstein
Albert Bildner
Paul Chevigny
Roberto Cuéllar
Dorothy Cullman
Patricia Derian
Adrian W. DeWind
Tom J. Farer
Tricia Feeney
Alejandro Garro
Wendy Gimbel
John S. Gitlitz
James Goldston
Peter Hakim
Ronald G. Hellman
Wade J. Henderson
Alice H. Henkin
Bianca Jagger
Mark Kaplan
Margaret A. Lang
Robert S. Lawrence, MD
Kenneth Maxwell
Jocelyn McCalla
Theodor Meron
Charles Millard
John B. Oakes
Victor Penchaszadeh
Clara A. “Zazi” Pope
Bruce Rabb
Jean-Marie Simon
George Soros
Eric Stover
Rose Styron
Jorge Valls
Horacio Verbitsky
José Zalaquett

HUMAN RIGHTS WATCH
Kenneth Roth
Executive Director

Susan Osnos
Associate Director
Michele Alexander
Development Director
Cynthia Brown
Program Director
Barbara Guglielmo
Finance & Administration
Director
Lotte Leicht
Brussels Office Director
Carroll Bogert
Communications Director
Wilder Tayler
General Counsel
Joanna Weschler
United Nations
Representative
Jonathan Fanton
Chair

BRUSSELS HONG KONG LONDON LOS ANGELES MOSCOW NEW YORK RIO DE JANEIRO WASHINGTONhuman rights watchamericasHUMAN RIGHTS WATCHWebsite: http://www.hrw.org
1522 K Street, NW Suite 910
Washington, D.C. 20005
Telephone: 202-371-6592
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E-mail: hrwdc@hrw.org

Washington, D.C., April 17, 1998