US embassy cable - 04GUATEMALA583

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 000583 
 
SIPDIS 
 
E.O. 12958: DECL: 03/07/2014 
TAGS: PREL, PHUM, GT, UNHRC-1 
SUBJECT: GUATEMALA ON 60TH UNCHR 
 
REF: A. SECSTATE 41252 
 
     B. SECSTATE 44603 
 
Classified By: PolOff Robert E. Copley for reasons 1.5 (b) and (d). 
 
1. (C) Per instructions ref A, PolOff jointly delivered 
reftel demarches to Carla Rodriguez, Director General for 
Multilateral Affairs at the Foreign Ministry on March 11. 
Rodriguez said Guatemala's interests at 60 UNCHR largely 
coincide with ours and that this overlap had improved with 
the arrival of the Berger administration.  She applauded our 
efforts at outreach, especially to members of GRULAC, and, in 
response, said that Guatemala would greatly appreciate any 
flexibility we could show toward its positions on the rights 
of indigenous peoples and migrants.  Rodriguez said 
Guatemala's new Ambassador to Geneva, Lars Pira, has little 
experience with UN commissions.  He served as Ambassador to 
Sweden and Norway and has been retired for several years.  In 
response to our points, which were left as non-papers, 
Rodriguez provided the following feedback: 
 
Thematic Issues 
--------------- 
Unqualified calls to sign and ratify treaties - Rodriguez 
said Guatemala prefers to call states to ratify, but 
understands our concerns and will support our "consider 
ratifying" formula. 
 
Juvenile Death Penalty/Rights of the Child Resolution - 
Guatemala will support the GRULAC position on these issues. 
Rodriguez agreed that referring to the Convention on the 
Rights of the Child (CROC) as "the" standard excludes some 
important international standards on the rights of children, 
but she stated that 190 countries see the CROC as "the most 
important" standard and repeated that Guatemala could not go 
against the GRULAC consensus on this. 
 
ICC - According to Rodriguez, Guatemala views the ICC as an 
important human rights tool.  However, she agrees that 
inserting ICC references in unrelated resolutions is 
counterproductive.  Rodriguez said our real enemy on this 
issue is the EU and added that Guatemala would continue to be 
helpful "in the corridors." 
 
Democratic values - Rodriguez confirmed that Guatemala will 
co-sponsor Brazil's resolution on Democracy and Racism, 
Romania's resolution on Consolidation of Democracy and 
Australia's resolution on Human Rights and Good Governance. 
She added that Guatemala also shares our negative view of 
resolutions sponsored by Cuba.  In that vein, she said 
Guatemala will vote against the resolution on Human Rights 
and Responsibilities.  On the other two - Strengthening of 
Popular Participation and Promotion of a Democratic and 
Equitable International Order - Rodriguez said Guatemala had 
switched its vote to "yes" last year in response to a 
combination of a "real effort" by Cuba to tone down the texts 
and the personal input of Guatemala's previous Foreign 
Minister.  Guatemala's position this year will depend on what 
the resolutions actually say.  Rodriguez added that support 
for these resolutions would be seen as a ensuring balance, 
especially if Guatemala decides to vote against it on the 
country-specific resolution. 
 
Development - both of the Cuba-sponsored resolutions that 
Guatemala may support touch on the issue of development, 
where, Rodriguez said, we have slightly different views. 
Guatemala agrees with using language developed at Doha and 
Monterrey as the basis for development resolutions, but not 
to the exclusion of all other formulas.  Rodriguez agrees 
that consistency is desirable, but argued that in order to be 
consistent, previous resolutions on development cannot be 
ignored. 
 
Economic, Social and Cultural Rights - Rodriguez appreciated 
our expression of interest in finding ways to support more 
resolutions that address these rights while avoiding language 
that raises sovereignty and legal concerns.  Pressed for 
ideas about working together, Rodriguez thought the best way 
forward is for the U.S. to find some way to accept the 
concept of "indirect rights" as not legally binding. 
 
Anti-Semitism - Rodriguez said Guatemala will support 
resolutions that condemn it. 
 
Country Resolutions 
------------------- 
China - Rodriguez said that Guatemala would have to review 
the text of any China resolution before forming a position, 
but added Guatemala opposes no action motions as a matter of 
principle and would vote against them regardless of the 
country involved. 
 
Cuba - Rodriguez said Guatemala has not finalized its 
position.  The issue is still being debated within the 
Foreign Ministry and at higher levels, she said. 
 
Belarus - Rodriguez said Guatemala is likely to support the 
resolution.  She said that last year's abstention was the 
result of a last-minute Russian intervention, and added that 
Guatemala is less sensitive on the issue this year. 
 
North Korea - Guatemala will continue to support us. 
 
Iran - Guatemala's traditional support for the Iran 
resolution ended two years ago when Iran appeared to be 
opening up.  Although Rodriguez agrees there has been no 
improvement on the ground, she blamed the combination of Arab 
pressure and our lack of presence on the Commission for last 
year's abstention.  Rodriguez said Guatemala would likely 
support the resolution this year, but she could only say with 
certainty that Guatemala would not oppose. 
 
Middle East - Guatemala agrees with the need to consolidate 
Middle East resolutions, and pointed out that Guatemala 
routinely uses its explanation of vote to call for 
consolidation.  However, Rodriguez said Guatemala would not 
vote against all of the resolutions, adding that decisions 
would be made case-by-case, depending on the text. 
 
2. (C) Guatemalan Ambassadors in Geneva have traditionally 
had significant autonomy on determining Guatemala's positions 
on many of the less visible votes at the Human Rights 
Commission.  It will be important for the US Mission to get 
to know Ambassador Lars Pira on his arrival.  Pira is a 
career diplomat who has been retired for several years.  We 
have been told that his ideological sympathies are from the 
left of the political spectrum.  On highly sensitive votes 
(i.e. the Cuba resolution) he will doubtless get clear 
instructions from Guatemala City, but his vote on other 
issues of importance to us will depend to a large extent on 
his instincts and lobbying by US Mission Geneva. 
HAMILTON