US embassy cable - 04GUATEMALA1117

UNCLAS E F T O SECTION 01 OF 02 GUATEMALA 001117 
 
SIPDIS 
 
NOFORN 
SENSITIVE 
 
E.O. 12958: DECL: 05/05/2014 
TAGS: PHUM, PGOV, GT 
SUBJECT: CICIACS SETBACK IN CONGRESS 
 
 
1.  (U) This is an action request.  See para 10. 
 
2.  (SBU) Summary:  On May 4, the Congressional Human Rights 
and Government Commissions issued a joint recommendation to 
the plenary of Congress against CICIACS, on constitutional 
grounds.  On May 5, President Berger and Vice President Stein 
both publicly and unequivocally expressed disappointment in 
the Commissions' votes and determination to push CICIACS 
forward.  Faced with this setback, the Executive will attempt 
to avoid a vote by the plenary on CICIACS, which would 
certainly be unfavorable.  To proceed, the Executive must now 
renegotiate the agreement with the United Nations.  UN Senior 
Political Affairs Officer Martha Doggett told the Ambassador 
on May 5 that the UN is willing to discuss changes to CICIACS 
provided they preserve its potential to investigate 
clandestine groups.  This is a serious setback, but we should 
not yet conclude CICIACS is dead and so ask that funding be 
held in reserve.  End Summary. 
 
Congressional History 
--------------------- 
 
3.  (SBU) On April 14, the two Commissions reviewing CICIACS 
were divided on their decisions.  While the Interior 
Commission advised against the proposal, the Human Rights 
Commission President, Nineth Montenegro (ANN), facing strong 
opposition and constitutional questions from Commission 
members, requested an opinion directly from the 
Constitutional Court.  Unfortunately, this proved to be a 
tactical error (which Montenegro asserts to HROff was 
orchestrated by the FRG, whose members suggested the 
consultation within the Commission, then swiftly denounced it 
from the bench the next day).  Montenegro immediately faced 
accusations from the FRG bench of violating Congressional 
procedures.  President of Congress Morales successfully 
petitioned the Court not/not to review the proposal and 
instructed the Commissions to make a joint decision within 30 
days. 
 
4.  (SBU) The opposition to CICIACS was organized by former 
Ambassador to the U.S. (and current FRG deputy) Antonio 
Arenales Forno, and Roxanna Baldetti, President of Government 
Commission (of the Patriot Party, a member of the ruling GANA 
coalition).  Both argued forcefully for rejection of the 
proposal without requesting a constitutional review by the 
Court.  In meetings with PolOffs, both Congressional deputies 
claimed the proposal was unconstitutional and would weaken 
rather than strengthen Guatemalan institutions by 
substituting for them. 
 
5.  (SBU) While a Court review could have resolved 
constitutionality issues, the Congressional committees chose 
to make that judgment for themselves.  After a two-hour 
meeting between the Government and Human Rights Commissions 
on May 4, the members voted overwhelmingly to issue a 
negative recommendation on CICIACS to the floor of Congress. 
In the Government Commission, 19 voted against proposal and 
two in favor (ANN and UNE) and in the Human Rights 
Commission, seven voted against, two in favor (ANN and URNG), 
and three were absent.  The Commissions plan to officially 
present this decision to the plenary on May 6.  The strongly 
negative opinion of the two commissions virtually assured 
rejection of CICIACS by the plenary, should it choose to vote 
on the resolution. 
 
Executive Stunned, Regrouping 
----------------------------- 
 
6.  (SBU) On May 5, President Berger called the Congressional 
action "absurd" and said he "deeply regretted that the 
initiative was stopped.  We will revise the technical-legal 
questions and continue...so that CICIACS will come to this 
country."  Vice President Stein commented that "if the 
Congress decides to obstruct this project in its current 
form, we will look for another way."  The same day, FM Briz 
privately expressed chagrin to the Ambassador about the lack 
of discipline of Congressional members of the GANA coalition. 
 
 
7.  Immediately after the Congressional vote, Frank LaRue, 
head of the President's Commission for Human Rights 
(COPREDEH), told the Ambassador that he would suggest to Vice 
President Stein that the Executive officially withdraw the 
proposal before Congress votes on it, renegotiate problematic 
language with the United Nations, and request a Court review 
before resubmitting it to Congress.  However, this strategy 
is complicated by Congressional rules.  According to the 
Legislative Secretariat, President Berger could legally make 
this request, but the plenary must approve it with a vote. 
If the proposal is not successfully withdrawn, the Executive 
would have to wait one year before submitting the measure 
again to Congress, unless more than 30% of the new agreement 
had been changed. 
 
UN Willing to Talk 
------------------ 
 
8.  (SBU) On May 5, the Ambassador met with Martha Doggett, 
the UN lead for CICIACS, and Patrick Gavigan, head of the 
MINIGUA Human Rights Office.  The UN is open to some 
renegotiation on the proposal, they said, but is not 
interested in investing donor funds in a water-downed 
agreement.  The Ambassador pledged to lend support in 
lobbying Stein and LaRue to act swiftly and to encourage FRG 
Congressmen Arenales to be open-minded about allowing the 
Executive to find a viable solution with the UN on CICIACS to 
address sovereignty and constitutionality concerns.  Arenales 
subsequently expressed his willingness to cooperate to the 
Ambassador, specifically to refrain from deep-sixing CICIACS 
before the Executive branch can renegotiate it with the UN. 
Comment 
------- 
 
9.  (SBU) The setback in Congress, abetted by members of its 
own GANA coalition, has embarrassed the Berger Government, 
which had been publicly supportive of CICIACS and had been 
categorical on the subject with USG officials in Washington. 
It reflects both a lack of attention on the part of the 
Executive, and the will of Congress to act independently when 
neglected.  It also reflects a strong nationalist political 
consensus against an unchecked UN role in the justice system, 
which must be addressed by any revised CICIACS agreement.  We 
have encouraged the GOG and UN to seek an agreement which 
would strengthen the rule of law while addressing these 
concerns. 
 
10.  Action request:  Continue to hold the funds for CICIACS 
that were notified to the Congress.  Despite this serious 
setback, it is too soon to conclude that CICIACS cannot 
succeed. 
HAMILTON