US embassy cable - 04GUATEMALA252

UNCLAS SECTION 01 OF 03 GUATEMALA 000252 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM, ELAB, KCRM, PREL, PGOV, GT 
SUBJECT: SUPPORTING HUMAN RIGHTS: U.S. EFFORTS IN GUATEMALA 
 
REF: 03 STATE 333935 
 
1.  Summary:  Following is the Embassy response to Reftel 
request.  End Summary. 
 
Overview of Human Rights and Democracy Environment 
and U.S. Strategy for Improving It 
--------------------------------------------- ----- 
 
2.  Guatemala held free and fair elections in November and 
December of 2003.  While there have been major advances in 
human rights since the end of the civil conflict and signing 
of the Peace Accords in 1996, state institutions charged with 
enforcing the rule of law remain weak and serious human 
rights problems persist.  The U.S. strategy to improve the 
situation is to encourage and support the new government's 
efforts to strengthen these institutions, support civil 
society groups promoting human rights, and to support a new 
innovative UN proposal to investigate clandestine groups 
believed to be involved in attacks on human rights workers. 
It is encouraging that since 1996 civil society has blossomed 
in Guatemala and is now a major contributor to the new 
government's human rights policies. 
 
U.S. Reponses to Human Rights Abuses Such as Torture and 
Extra-Judicial Killings and Efforts to Strengthen Militaries' 
Respect for Human Rights 
--------------------------------------------- --------- 
 
3.  The Embassy expressed interest to authorities 
investigating key human rights abuses during the year. 
Authorities were generally cooperative and in several cases 
shifted resources to investigate cases of particular concern. 
 The Ambassador also attended important human rights trials 
and publicly promoted human rights and its defenders on 
several occasions.  From its genesis as a proposal from civil 
society, the Ambassador has championed the proposed UN 
Commission to Investigate Clandestine Groups (CICIACS). 
USAID provided support to NGOs that have formed a "Coalition 
in Favor of CICIACS."  An agreement was signed between the UN 
and the GOG to create the CICIACS on January 7, 2004.  The 
agreement would use international experts to investigate and 
prosecute cases involving links between attacks on human 
rights defenders, organized crime, official corruption, and 
narco-traffickers in Guatemalan courts.  It awaits 
Congressional approval and Constitutional Court review. 
 
4.  When in March 2003 MINUGUA published evidence of the use 
of torture by state agents against three narco-traffickers in 
Rio Hondo, the Ambassador urged the Minister of Government 
and the Minister of Defense to investigate the allegations 
and punish any GOG officers found to be responsible.  The 
ministers agreed to take measures to prevent any recurrence 
of torture, but to our knowledge no action was taken to 
sanction individuals responsible for this incident. 
 
5.  To foster more professional security forces and reduce 
human rights abuses, the Embassy and SOUTHCOM encouraged the 
Defense Ministry to incorporate human rights training into 
the Army's Civil Affairs curriculum.  Partly as a result, the 
Minister of Defense opened a human rights office in June 2003 
and provided it with permanent staff.  Members of SOUTHCOM's 
Human Rights Division will visit Guatemala in February 2004 
to discuss the GOG's implementation of a regional human 
rights initiative.  In 2004, USAID will provide $600k to a 
project to strengthen civilian-military relations, with UNDP. 
 
U.S. Efforts to Strengthen Democracy and the Rule of Law, 
Civil Society, Political Parties, Free and Independent Media, 
and Other Institutions 
--------------------------------------------- ---------- 
 
6.  The Embassy fielded approximately 40 official observers 
under the OAS Electoral Observation Mission for the November 
and December 2003 rounds of the general election.  The USG 
provided a total of $2.8 m. for the election, mostly through 
USAID.  USAID is now considering providing technical support 
to the new Congress, and support for the negotiation of 
electoral reforms to increase voter participation. 
 
7.  USAID continued to support ($4.2 m. over three years) 
grassroots human rights promotion, including training local 
human rights promoters, media campaigns, targeted support for 
the Office of the Human Rights Ombudsman (limited training 
and equipment), and support for the Human Rights Movement, a 
coalition of human rights NGOs.  A key Movement leader, Frank 
LaRue, was appointed by President Berger to lead the 
Presidential Human Rights Commission in January 2004.  Under 
this program, USAID also supported with $250k a media and NGO 
campaign to raise public awareness of the recommendations of 
the Historical Clarification Commission, five years after it 
issued its report.  Since 1999, USAID has provided $4.3 m. to 
fund exhumations of clandestine cemeteries dating to the 
civil conflict, and mental health projects for victims. 
USAID also funded negotiations between civil society and the 
government on the creation of a National Reparations Plan, 
which was established to compensate victims of the civil 
conflict. 
8.  To improve the country's judicial system, USAID funded 
(approximately $2 m. in 2003, with similar levels of support 
planned for 2004) the expansion of a network of Justice 
Centers to improve access to justice and modernize the 
justice sector by implementing oral debate in pre-trial 
hearings and administrative reforms to promote efficiency and 
transparency in judicial operations.  The Embassy sent 
journalists, government officials and civil society leaders 
on International Visitor Programs in 2003 on topics including 
human rights, democracy and investigative journalism. 
 
U.S. Efforts To Encourage Respect for the Rights of Women, 
Children, Minorities, and People with Disabilities 
--------------------------------------------- --------- 
 
9.  USAID supported the creation of a Presidential Commission 
Against Racism and Discrimination Against Indigenous Groups 
in 2002 under a $250k four-year program.  In 2004, USAID is 
considering providing $50k to the Commission for the 
development of a strategic plan of action and a similar 
amount to a human rights NGO to develop a draft national 
policy against discrimination and racism.  USAID also 
supported a National Indigenous Congress held in August 2003, 
which promoted indigenous political participation through the 
creation of a National Indigenous Assembly, which is 
currently in formation.  The Mission participates in a donor 
dialogue on indigenous issues to prevent duplication of 
efforts. 
 
U.S. Efforts to Promote Religious Freedom 
----------------------------------------- 
 
10.  Religious freedom is generally respected in Guatemala. 
Embassy officers expressed USG support for religious freedom 
while meeting with religious leaders and GOG authorities to 
prepare the annual human rights report and the report on 
international religious freedom. 
 
U.S. Efforts to Strengthen Workers' Rights 
------------------------------------------ 
 
11.  In 2003, USDOL announced a four-year, $6.7 m. regional 
project to promote labor rights education and strengthen 
labor inspectorates in Central America.   The USG negotiated 
a regional free trade agreement (CAFTA) with Central American 
nations which incorporated labor rights protections.  If 
ratified, it will supersede existing labor conditions under 
the Generalized System of Preferences (GSP).  An inter-agency 
USG delegation conducted bilateral labor consultations in 
May; USTR held hearings on open GSP labor petitions in 
October.  In all these exchanges, USG officials expressed 
concern about the need for the GOG to fully investigate past 
violence against trade union leaders; reform its labor 
justice system; and reinstate workers illegally fired for 
unionizing activities. In November, the Embassy expressed 
concern to the GOG over the potential for anti-union violence 
at a maquila where a new union, the third in the sector, had 
been organized.  The GOG responded quickly and violence was 
avoided.  The GOG successfully encouraged the negotiation of 
collective bargaining agreements at the Choi 
Shin/Cimatextiles plants, which became the first two such 
agreements to take effect in this sector. 
 
U.S. Efforts to Combat Trafficking in Persons 
--------------------------------------------- 
 
12.  Guatemala was rated a Tier II country in the 2003 U.S. 
Trafficking in Persons Report to Congress.  The Embassy and 
G/TIP briefed the GOG on the implications of the report in 
July 2003, and urged the GOG to step up its efforts to 
prevent, prosecute and punish this crime.  In response, the 
GOG formed an inter-institutional group comprised of 
ministries, Congress, the Attorney and Solicitor General's 
Offices, and the judiciary, to better coordinate these 
efforts.  At the Embassy's urging, the Attorney General 
authorized the creation in 2004 of a new anti-TIP prosecution 
unit in the Office of the Special Prosecutor for Women. 
Embassy DHS worked closely with GOG immigration officials to 
seek victims of TIP in brothels in and near the capital. 
Several under-age victims were found, and arrests made of 
traffickers that remain to be prosecuted.  The Embassy has 
urged the GOG to stiffen sanctions against TIP.  USAID's HIV 
program has supported an NGO providing job training to TIP 
victims and is considering supporting a regional TIP victim 
support network of NGOs. 
 
Addendum: USG-funded (over 100K) Human Rights or Democracy 
Programs 
--------------------------------------------- ------------ 
 
13.  USAID Electoral Support: 
 
$750 K - TA to the Supreme Electoral Tribunal (TSE) 
$500 K - Domestic Electoral Observation 
$368 K - International Electoral Observation 
$100 K - Election Monitoring/Assistance 
$300 K - TSE Public Information Campaign 
$200 K - Municipal candidate debates and forums 
$100 K - TA to TSE Magistrates 
$210 K - Health Advocacy (electoral) 
$250 K - Electoral forums and candidate radio interviews 
 
Other USAID Support: 
 
$305 K - Indigenous Projects 
$2 m.  - Justice Modernization Programs 
$4.2 m.  - Human Rights Support to Grassroots Human Rights 
Promotion (for NGOs, media campaigns, support to the Human 
Rights Ombudsman) 
$4.3 m. - Support for exhumations and mental health programs 
HAMILTON