US embassy cable - 04GUATEMALA2201

UNCLAS GUATEMALA 002201 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, MARR, KCRM, SNAR, ASEC, GT 
SUBJECT: GUATEMALAN VP STEIN MEETS WITH SFRC STAFFER SIMON 
 
REF: (A) GUATEMALA 2180 (B) GUATEMALA 2192 
 
1.  Summary and introduction:  Guatemalan Vice President 
Eduardo Stein received Jennifer Simon, visiting professional 
staff member of the Senate Foreign Relations Committee, at 
the presidential palace August 24.  Stein outlined GOG plans 
for salvaging CICIACS, explained the GOG's position on 
compensating the former paramilitary and answered Simon's 
questions about retraining recently demobilized members of 
the military.  End summary. 
 
2.  CICIACS:  Stein told Simon and the Ambassador that the 
Berger administration had not expected the Constitutional 
Court ruling against CICIACS to be so tough, but President 
Berger and his inner circle remained committed to the 
concept.  He said that the GOG's point man on CICIACS, 
Transparency Commissioner Mario Fuentes-Destarac, was 
reviewing the text of the GOG's agreement with the UN.  The 
intention was to determine whether something similar to 
CICIACS could be established, meeting the concerns of the 
Constitutional Court while maintaining the strength and 
independence of CICIACS as originally conceived.  Stein 
concluded that, "with or without the UN, we need something 
like CICIACS" to make headway on the organized crime and 
clandestine groups plaguing Guatemala.  (Note:  Prior to this 
meeting, Fuentes-Destarac told us that the concept was to 
appoint to the Public Ministry a "super-prosecutor," 
nominated by civil society and staffed by international 
experts.  See ref A.) 
 
3.  Ex-PACs:  Stein bluntly admitted that the administration 
was "deeply divided" over the issue of paying compensation to 
the ex-PACs (Guatemala 2148).  He noted that the Congress had 
not yet sent the recently approved legislation to President 
Berger but, once it did, he would have 15 days to veto the 
bill or allow it to become law.  Stein said the registry of 
ex-PACs that had been submitted to MINUGUA listed up to 
246,000.  He thought that if this number went no higher, the 
GOG could still afford the payments, but he noted that some 
ex-PACs were claiming more than 750,000 were eligible for 
compensation.  There were at least three major legal problems 
with the legislation, Stein noted, implicitly suggesting that 
a presidential veto (and blowback) could be avoided by 
sending the bill to the Constitutional Court for review. 
 
4.  UNHCHR Office:  The Ambassador noted that the Human 
Rights Committee in the Guatemalan Congress had issued a 
report recommending approval of an agreement with the UNHCHR 
to establish an office in Guatemala.  The measure was still 
awaiting the approval, however, of the Foreign Relations 
Committee.  Stein said that President Berger, upon learning 
that the measure did not yet have the votes for approval in 
committee, had asked GANA members and allies to walk out of 
the committee earlier the same day, leaving the committee 
without a quorum and effectively suspending its vote on the 
measure. 
 
5.  Presidential Chiefs of Staff (EMP) records turned over to 
the Human Rights Prosecutor (PDH):  Simon praised the access 
provided by the GOG for the human rights community to review 
EMP records.  Although Stein modestly downplayed the import 
of the documents, Simon stressed the symbolism in terms of 
transparency, commitment and government priorities. 
 
6.  Military downsizing:  Simon asked about retraining for 
military who had been separated as a result of downsizing. 
Stein explained what the GOG was providing through a 
transition center with IOM assistance. 
 
7.  Ms. Simon did not have the opportunity to clear this 
cable before departing.  Ref B reports on the rest of 
Staffdel Simon's visit to Guatemala. 
HAMILTON