US embassy cable - 04GUATEMALA3288

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 003288 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CEN, IO/SHA, AND DRL/MLA 
 
E.O. 12958: DECL: 12/29/2014 
TAGS: PHUM, PGOV, PREL, GT, UN 
SUBJECT: GUATEMALA ACCEPTS OHCHR RESIDENT OFFICE 
 
REF: GUATEMALA 3161 
 
Classified By: Ambassador Hamilton; Reason 1.5 (d) 
 
1. (C) Summary:  The GOG and the U.N. Office of the High 
Commissioner for Human Rights (OHCHR) have agreed to 
establish an OHCHR Resident Office in Guatemala.  We believe 
the agreement, although later than desired, reflects well on 
the GOG and will help secure advances in human rights.  The 
final language of the accord ensures that the OHCHR Resident 
Office has the authority to report freely and accurately on 
human rights in Guatemala.  End summary. 
 
Reaching agreement on OHCHR Resident Office 
------------------------------------------- 
2. (C) The Ministry of Foreign Relations (MRE) informed us 
that they reached agreement December 22 with the United 
Nations' Office of the High Commissioner for Human Rights 
(OHCHR) for that U.N. agency to establish a Resident Office 
in Guatemala.  Foreign Minister Jorge Briz intends to travel 
to New York to sign the agreement on January 10, as suggested 
by the High Commissioner's representatives.  The GOG would 
then send the Accord to Congress for approval and then to 
President Berger for signature and formal ratification. 
 
3. (U) As noted in reftel, the lack of agreement regarding 
the mandate and activities of a resident OHCHR Office in 
Guatemala and delayed the agreement by several months.  The 
OHCHR Resident Office can still, however, take advantage of 
the institutional knowledge and facilities formerly dedicated 
to the U.N. Verification Mission to Guatemala (MINUGUA), 
which formally closed its doors in November.  The basic 
dispute regarding the establishment of the OHCHR Resident 
Office involved the scope of that office's activities and 
reporting requirements on the state of human rights in 
Guatemala. 
 
Establishing a mandate 
---------------------- 
4. (U) The pending accord between the Office of the High 
Commissioner and the GOG states that the OHCHR Resident 
Office will observe and report on the human rights situation 
in Guatemala for the purpose of advising GOG authorities in 
the formulation and application of policies and programs to 
promote and protect human rights in Guatemala.  In addition 
to advising the GOG on policy and assisting in the 
development of educational and capacity-building programs, 
the Resident Office will engage GOG authorities regarding 
human rights violations or other abuses when, in the OHCHR's 
judgment, the application of the Guatemalan legal process is 
not compatible with internationally accepted norms. 
 
5. (U) Although the OHCHR Resident Office's primary 
activities are focused on cooperation with the GOG, the 
accord specifically notes that it will also maintain the 
right and responsibility to form cooperative relationships 
with international organizations, civil society, and 
individuals and non-governmental organizations (NGO) with 
human rights interests.  The Resident Office is intended to 
act as a center for dialog to promote confidence between all 
sectors involved and interested in questions of human rights. 
 
6. (U) In regard to the concern about the focus of reports, 
the Resident Office in Guatemala will not issue public 
statements that identify specific individuals or 
organizations as legally responsible for human rights 
violations, but will report in a free and on-going manner 
directly to the High Commissioner in Geneva.  The High 
Commissioner will, in turn, prepare a formal report on the 
Guatemalan human rights situation for the U.N. Human Rights 
Commission, and will share this report with the GOG before 
its formal and public presentation.  (Note:  These reporting 
requirements are in line with the requests made by the GOG. 
End note.) 
 
Comment 
------- 
7. (C) The GOG sought changes in the text of the accord in 
order to appease Congressional critics who objected to the 
apparently wide-ranging mandate.  That said, we believe that 
this compromise provides enough leeway to allow the OHCHR 
office to conduct its activities without hindrance.  The 
accord specifically notes that the Resident Office will 
receive information from any source, public or private, and 
will maintain the confidentiality of the source.  The 
existence of an independent OHCHR Resident Office in 
Guatemala is important, both to maintain a clear and 
unimpeded focus on the issue and to provide needed technical 
support to a GOG that is motivated but lacking in expertise 
and funds.  The final language of the agreement to establish 
the office assures the full power and mandate of the OHCHR 
Resident Office and reflects well on the GOG. 
HAMILTON