US embassy cable - 04GUATEMALA1417

UNCLAS SECTION 01 OF 03 GUATEMALA 001417 
 
SIPDIS 
 
DEPT FOR EB/IFD/OIA/ATBRUYAN AND L/CID/JNICOL 
TREASURY FOR DO/CHRISTOPOLOUS 
USDOC FOR ITA/ATAYLOR 
USTR FOR FHUELGEL 
PASS OPIC FOR O'SULLIVAN 
 
E.O. 12958: N/A 
TAGS: EINV, EFIN, PGOV, KIDE, CASC, OPIC 
SUBJECT: GUATEMALA'S 2004 REPORT ON INVESTMENT DISPUTES AND 
EXPROPRIATION CLAIMS 
 
REF: A. STATE 78697 
 
     B. OLSON/BRYAN/NICOL E-MAILS 
 
1.  Land invasions (squatter takeovers) of large farmlands 
are fairly common in Guatemala.  Private sector organizations 
complained that the squatters sometimes acted with government 
complicity during the four-year administration of President 
Portillo, who left office in January 2004.  The new 
administration of President Oscar Berger has declared its 
intention to evict squatters where property rights are 
clearly established, and it has begun to follow thorough in 
several cases.  However, the issue is highly politicized, 
pitting defense of private property rights against continued 
calls for major land reform to address social injustice.  In 
the process, some groups are blurring the distinction between 
complex historical cases, where indigenous groups are 
asserting traditional claims and written records are missing 
or inadequate, and organized invasions of titled land that 
have taken place within the last couple of years.  Even in 
the seemingly clearest of cases, the justice system is slow 
and its rulings are often ignored.  Post is not aware of any 
new cases involving U.S. citizens over the past year and 
updates, below, information reported in 2003. 
 
2. a) Claimant A 
 
b)  2001 
 
c)  Claimant A purchased approximately 3,825 hectares of land 
near the Honduran border in Izabal Department in 1991, 
intending to raise cattle and harvest timber.  Claimant 
reports that approximately 50 armed peasants invaded the 
property on 16 February 2001, taking over 100 hectares of 
improved pasture.  Per a June 4, 2002 communication from 
Claimant, the squatters by that time controlled more than 700 
hectares of land.  Claimant alleged that the standing 
Governor of the State of Izabal, Patricia Quinto, demanded 
that Claimant provide land titles to the squatters.  Invaders 
have allegedly since taken over most of the property, 
stealing cattle and timber and destroying improvements.  Some 
of the invaders allegedly are armed with fully automatic 
assault weapons and have fired upon Claimant's administrator. 
 Claimant has filed numerous complaints with the district 
attorney but has had no effective response.  A penal court 
ordered that a civil court must first determine ownership of 
the property based on a claim by the squatters that they have 
historical rights to the land, notwithstanding Claimant's 
possession of legal title to the property.  Claimant and 
peasant activists have complained of being threatened by 
heavily armed men who they thought were in the employ of each 
other, but it appears that the armed groups are more likely 
linked to a known and dangerous local narcotics trafficking 
organization that is seeking control of the property. 
 
Embassy officials raised this case with the former President 
of Guatemala and with several of his cabinet officials.  A 
member of the inter-agency commission on land disputes told 
Embassy officers in March, 2002 that land registry records 
from the area had been destroyed during the first half of the 
twentieth century, complicating the task of verifying or 
rejecting claims of traditional rights to the land asserted 
by some of the squatters.  The GOG at the time suggested that 
Claimant seek a negotiated solution with the squatters, but 
Claimant A and Embassy officers responded that the claimant's 
title should be respected in the absence of any evidence that 
the title was improperly granted.  Since the inauguration of 
the Berger administration in January 2004, Embassy officers 
have raised the matter with the Minister and Vice Minister of 
Government, who are responsible for the National Civilian 
Police.  Most recently, the Ambassador discussed the case on 
two occasions with the current Attorney General, who agreed 
to meet with Claimant in the near future.  The Attorney 
General had told an Embassy Officer in May 2004 that he had 
ordered his staff to research earlier judicial findings 
before deciding what action to take. 
 
Claimant A estimates the value of confiscated land at $7 
million, and that lost revenues exceeds $500,000.  We are 
informed that, for tax purposes, the land has been valued at 
$150,000. 
 
a)  Claimant B 
 
b)  1998 
 
c)  Claimant B received a fifty-year concession in 1997 to 
operate and expand Guatemala's state owned and controlled 
railroad system, which was badly deteriorated and had fallen 
into disuse.  The government was obliged to clear the 
railroad's right of way of squatters in Guatemala City and 
along the route to the Atlantic at the time of the start-up 
of privatized railroad service by Claimant in 1998.  The 
government also removed some squatters along the Pacific 
route and the North Coast line to Mexico, which are not yet 
in operation.  However, the number of squatters along 
railroad lines has multiplied since, as squatters return to 
areas cleared by the government and newcomers join their 
ranks.  Claimant has not yet begun operations in the most 
affected areas and has largely discontinued efforts to obtain 
eviction orders while concentrating on its service between 
Guatemala City and the Atlantic ports.  Claimant is currently 
seeking a consultant to prepare a feasibility study to obtain 
financing for the repair and improvement of the tracks on the 
North Coast so that it can provide the connection to Mexico 
and the Pacific port.  The squatter invasions, if not 
addressed quickly and effectively at the appropriate moment, 
could prevent the North Coast service from being reopened, 
which in turn would effectively deny Claimant's rights under 
its concession contract. 
 
Claimant B contacted Embassy in May 2002 to provide a 
briefing on the problem and to discuss possible future 
assistance in resolving it, should the problem not be 
resolved by the GOG before work on the route to Mexico 
begins.  Embassy officers raised the matter with senior 
officials of the Ministry of Economy and with the Economic 
and Foreign Trade Committee of the Congress.  The Embassy is 
in periodic contact with Claimant and will continue to 
provide advocacy services as needed. 
 
a) Claimants C 
 
b) 2002 
 
c) Claimants C, brothers, inherited land in Alta Verapaz 
department acquired by their family in the 1800s and first 
half of the 1900s.  There are a number of discrepancies in 
title documents pertaining to parts of the land that have not 
been adequately reconciled, but, with one exception, the 
discrepancies relate to historical divisions within what are 
now larger farms and do not cast doubt on the claimants' 
ownership rights.  One entry in the national registry from 
the 1800s grants small parcels in the area to local families 
from that era, but it appears that the parcels granted and 
those actually settled by the local families' descendants are 
substantially different.  A definitive settlement is under 
negotiation. 
 
In 2002, the mayor of a village adjacent to one of claimants' 
properties demanded unrestricted access to a road the 
claimants had built on their land that greatly improved 
access to the village.  The claimants have allowed the road 
to be used during daylight hours in return for a contribution 
toward maintaining the road but have blocked access at night, 
citing security concerns. 
 
The situation appeared to deteriorate significantly when a 
national peasant organization, CONIC, began organizing 
opposition to the nightly road closure and allegedly began 
encouraging invasion of several of the claimants' farms, 
including environmentally sensitive watershed areas.  The 
invasions have included the ransacking of claimants' 
facilities and have prevented normal operation of the 
claimants' coffee growing business.  One of the claimants 
filed criminal charges against CONIC organizers but agreed to 
suspend further action pending the results of further 
negotiations.  The negotiations include compensation for 
damaged property and are sponsored by government land dispute 
agency, CONTIERRA.  CONTIERRA agreed to put a special 
priority on resolving this case at the request of the 
Embassy.  Embassy officers met on several occasions with 
CONTIERRA's national management or with its Alta Verapaz 
representatives, as well as with CONIC leaders and attorneys, 
to underscore Embassy's concern that the property rights of 
U.S. citizens be respected and applicable Guatemalan laws be 
enforced. 
 
Claimants note that recurring invasion of duly registered 
private property is a felony offense requiring ex oficio 
action by state law enforcement authorities.  They claim that 
the police have failed to evict invaders on their own and 
have not enforced court eviction orders.  Embassy brought 
this to the attention of the Vice Minister of Government 
(Interior) in February 2003.  A court order was issued in May 
2003 to evict occupiers of one farm (the one with the access 
road to a neighboring village), and the Claimant received 
assurances from the Ministry of Government that 200 policemen 
would be sent to execute the order.  The evictions did not 
take place.  Embassy brought the cases to the attention of 
the Vice Minister of Government of the newly inaugurated 
Berger Administration in February 2004 and two subsequent 
occasions.  The Vice Minister agreed to receive the 
Claimants, but contact has yet to be established. 
 
Embassy has not had direct contact with either Claimant since 
April, 2004.  The government has recently moved to evict 
squatters from other land in Alta Verapaz, which is being 
cited as a principal reason for nationwide peasant 
demonstrations that have been called for June 8 and 9. 
Claimants have chosen not to visit Guatemala City as a 
result, according to an associate.  A U.S. private voluntary 
organization that operates in the region reports that 
mediation efforts it is undertaking together with CARE and 
CONTIERRA appear to be progressing and that there have no 
recent acts of violence.  CONIC has been included in the 
negotiations.  An associate of the Claimants confirms that 
the situation has been relatively calm in recent weeks. 
 
3. Claimant A:  Margaret Argudo, American Citizen, no Privacy 
Act Waiver (PAW). 
 
Claimant B:  Ferrovias Guatemala, A local subsidiary of a 
U.S. company, no PAW. 
 
Claimants C:  Carlos Ardebol and Roger Perez Ardebol, 
American Citizens, no PAW. 
 
 
HAMILTON