Page:United States Statutes at Large Volume 123.djvu/909

 123STA T .8 8 9PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 altern at iv e sou r c eso f inco m e in areas wh ere securit yp ermits for small - acrea g e growers an d communities whose illicit crops are tar- geted for aerial eradication
 * Provide

d fu r th er ,T hat none of the funds appropriated b y this A ct for assistance for C olombia shall be made available for the cultivation or processing of African oil palm , if doing so would contribute to significant loss of native species, disrupt or contaminate natural water sources, reduce local food security, or cause the forced displacement of local people: Provided further, That funds appropriated by this Act may be used for aerial eradication in Colombia ’ s national par k s or reserves only if the S ecretary of State certifies to the Committees on Appro- priations on a case-by-case basis that there are no effective alter- natives and the eradication is conducted in accordance with Colom- bian laws .( b ) A S S I S TANCEFOR T H EAR M E DF ORCES. — ( 1 )F U NDIN G .—Funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows: (A) U pto 70 percent of such funds may be obligated prior to the certification and report by the Secretary of State pursuant to subparagraph ( B ). (B)Upto1 5 percent of such funds may be obligated only after the Secretary of State consults with, and subse- q uently certifies and submits a written report to, the Committees on Appropriations that— (i) The G overnment of Colombia is suspending, and investigating and prosecuting in the civilian j ustice system, those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed violations of internationally recogni z ed human rights, including e x tra-judicial killings, or to have aided, abetted or benefitted from paramilitary organizations or successor armed groups, and the Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities in such cases. (ii) The Government of Colombia has taken all necessary steps to sever links with paramilitary organizations or successor armed groups. (iii) The Government of Colombia is dismantling paramilitary networks, including by arresting and prosecuting under civilian criminal law individuals who have provided financial, planning, or logistical support, or have otherwise aided, abetted or benefitted from paramilitary organizations or successor armed groups, and by returning land and other assets illegally acquired by such organizations or their associates to their rightful occupants or owners. (iv) The Government of Colombia is respecting the rights of Colombia’s indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations. ( 2 ) The balance of such funds may be obligated after J uly 3 1, 200 9, if, prior to such obligation, the Secretary of State consults with, and submits a written certification to, the Certif i ca ti on. Certification. R e p ort s . Certification.