US embassy cable - 04GUATEMALA29

C O N F I D E N T I A L GUATEMALA 000029 
 
SIPDIS 
 
E.O. 12958: DECL: 01/09/2014 
TAGS: PHUM, PREL, KJUS, GT, UN 
SUBJECT: CICIACS: PENDING CONGRESSIONAL APPROVAL 
 
REF: A. 02 GUATEMALA 3134 
 
     B. 03 GUATEMALA 20 
     C. FISK-HAMILTON TELCON 1/6/04 
 
Classified By: Human Rights Officer Katharine Read, for reasons 1.5 (B) 
 and (D). 
 
1. (SBU) Summary: On January 7, the Government of Guatemala 
and the UN signed an agreement to establish a Commission on 
the Investigation of Illegal Bodies and Clandestine 
Apparatuses (CICIACS) at the UN Headquarters in New York. 
Foreign Minister Gutierrez represented the GOG at the signing 
ceremony, and pledged to present the agreement to the 
Guatemalan Congress for ratification on January 8.  Divisions 
in the lame duck Congress make the ratification unlikely 
until the new Congress in sworn in on January 14.  CICIACS 
comes with a hefty price tag but promises to be worth it. 
End Summary. 
 
2. (U) On January 7, the Government of Guatemala and the UN 
signed an agreement to create the CICIACS, after an extended 
negotiation.  The Commission will offer an unprecedented new 
model to fight organized crime, human rights abuses, and 
corruption. (Reftel A)  The UN-GOG agreement still requires 
Congressional ratification before the Commission can be 
established; Foreign Minister Gutierrez vowed to present the 
document to the Guatemalan Congress for immediate 
ratification upon his return from New York on January 8. 
 
3. (U) Public reaction to the UN-GOG agreement has been 
mixed.  Most human rights groups, political leaders, and 
civil society leaders have praised the agreement, noting that 
CICIACS will work within the Guatemalan system and 
strengthen, not undermine, domestic institutions.  However, 
some legal experts and private lawyers charge that the 
agreement is unconstitutional; they believe an international 
commission operating with domestic investigative powers will 
violate Guatemalan sovereignty. 
 
4. (C) On January 6, and following Ref C telcon, the 
Ambassador urged President Portillo to work on Attorney 
General Carlos de Leon to be more genuinely supportive of 
CICIACS. (Reftel B)  Portillo said he would, over a 
previously scheduled breakfast the next day.  On January 7, 
De Leon was quoted saying "the creation of this Commission 
(CICIACS) is very important for the strengthening it will 
bring to the investigatorial and prosecutorial systems."  De 
Leon also noted, however, that it was crucial that the 
CICIACS exist within the legal framework established by the 
Constitution, a comment which may point to continued 
reservations and behind-the-scenes opposition. 
 
5. (C) Comment: A special session of the lame-duck Congress 
before the January 14 inauguration now seems unlikely due to 
strong resistance to FRG-supported initiatives in the days 
before the new Congress takes office.  An FRG attempt to pass 
an adoption law fizzled on January 7 for similar reasons. 
 
6. (C) Prospects for passage of CICIACS in the new Congress 
are better.  The Berger-Stein team has indicated that they 
intend to support CICIACS passage.  We will remain vigilant 
against efforts by opponents of the measure to thwart an 
early vote on CICIACS. 
 
7. (C) Finally, and to reiterate a point which we have made 
previously and which the Ambassador briefed to Department 
officials in December, CICIACS has become an innovative, 
robust proposal for getting to the heart of organized crime 
in Guatemala.  It is an initiative that could obviate a "Plan 
Guatemala" 3.5 years from now.  Its price tag has gone up 
considerably (estimated at $10-12 million annually over its 
two to three year life.)  That will be spread, however, over 
fiscal years '04-'07.  We will be seeking resources in our 
'06 MPP submission but urge Department officials to identify 
financial support from '04 and '05 budgets. 
HAMILTON