US embassy cable - 05GUATEMALA806

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 000806 
 
SIPDIS 
 
E.O. 12958: DECL: 03/30/2015 
TAGS: PHUM, PGOV, PREL, SNAR, CU, GT, OAS 
SUBJECT: BERGER ON CAFTA ISSUES CUBA OAS SECGEN ELECTION 
AND DRUGS 
 
 
Classified By: AMB JOHN R. HAMILTON, EMBASSY GUATEMALA. 
REASON: 1.4 (A) AND (B) 
 
 1. (C) Summary:  At lunch March 30, Berger took on board the 
Ambassador,s arguments that he needs to do something about 
the lack of effective labor inspection (in the context of the 
U.S. CAFTA debate) and that he needs to answer the mail from 
U.S. organizations protesting alleged repression of peaceful 
anti-CAFTA demonstrators.  He continues to be interesting in 
ginning up a CAFTA-lobbying visit to Washington of his CenAm 
colleagues ) at least Saca and Maduro.  We need to work him 
further on the Cuba resolution, as he is concerned that a yes 
vote will inflame a domestic left already in the streets over 
CAFTA and related issues.  He appeared persuaded by arguments 
that Guatemala needs to have court-ordered wiretaps and a 
RICO-like statute to have any hope of success against 
Guatemalan drug organizations.  He says Guatemala will stick 
with Flores as long as long as he is in the race, but will 
opt for Derbez if Flores doesn,t make it to the second 
round; Briz reports the Salvadoran FM as claiming Flores has 
picked up four Caribbean votes.  End Summary. 
 
2. (C) This lunch was Berger,s initiative and took place 
immediately following a brief press conference at which 
Berger and the Ambassador made release of the $3.2m in old 
MAP funds official.   Vice President Eduardo Stein, Foreign 
Minister Jorge Briz and personal assistant to Berger Alfredo 
Vila attended, as did DCM Bruce Wharton. 
 
3. (C) CAFTA Debate in U.S. 
--------------------------- 
 
After much jocularity over the March 30 soccer match in 
Birmingham between the U.S. and Guatemala, discussion turned 
toward the CAFTA debate in the U.S.  How can we be as helpful 
to you, Berger asked, as you were to us here?  The Ambassador 
replied that they needed to be active in two areas: 
defensive measures and pro-active lobbying.  In the former 
category, they had in effect played into the hands of an 
anti-CAFTA argument as a result of a Constitutional Court 
decision (brought on by a suit the Guatemalan private sector 
sponsored) that had effectively ended administratively 
imposed fines for violations of labor laws.  Although 
Guatemalan courts can in theory still impose fines, none had 
for at least five months.  If this is not fixed soon, the 
Ambassador said, it strengthens the anti-CAFTA argument that 
the Central Americans are incapable of enforcing their labor 
laws.  There was no clear result from this discussion (Briz 
noted his ministry was engaged on the issue with the Ministry 
of Labor but that the Constitutional Court decision had left 
little room for executive branch action), but Berger was made 
aware that his government has yet another CAFTA-related 
problem. 
 
4. (C) The Ambassador also encouraged Berger to reply to 
every single letter he gets from U.S. organizations alleging 
that Guatemalan police and military used excessive force 
against peaceful, anti-CAFTA demonstrators.  Silence will be 
taken for acquiescence to a distorted version of events; the 
Ambassador noted that we are replying to every email and 
letter we get, even those on which we are copied and that are 
directed to Guatemalan authorities.   Finally, the Ambassador 
spoke briefly of the PriceSmart case, explaining that, as it 
involves U.S. citizens, we are neutral.  But as it is being 
fought out in the Guatemalan court system (though there are 
indications that the parties may renew efforts to find an 
out-of-court settlement), the system itself will be on trial. 
 The legal system thus needs to be seen to be fair, impartial 
and efficient. 
 
5. (C) The Ambassador also encouraged Berger and his 
government to engage with supporters of CAFTA in the U.S., 
not to leave the field to CAFTA opponents (the Guatemala 
press is full, March 30, of articles detailing how Guatemalan 
&civil society8 is lobbying the U.S. Congress to vote CAFTA 
down).  Berger says he still wants to organize a trip of 
Central American presidents to Washington but, with Nicaragua 
and Costa Rica yet to take CAFTA up, was not sure how that 
would play.  He is going to discuss it further with Saca and 
Maduro April 1, in Tegucigalpa. 
 
6. (C) The Threat of Drug Organizations 
--------------------------------------- 
 
Continuing a theme he developed with Defense Secretary 
Rumsfeld March 24, Berger spoke in anguished tones of how 
helpless Guatemala feels in its battle against the big 
drug-trafficking families.  He continues to think in terms of 
somehow just turning them over to the U.S. (&everybody knows 
who they are, just come get them8).  The Ambassador walked 
him up through the reasons why that doesn,t work:  we are a 
nation of laws, we have to develop cases that will hold up in 
court and neither you nor we working with you have the legal 
tools to do that, as you lack wiretap authority and a 
RICO-like statute.  This led to our best discussion yet with 
senior Guatemalan officials that they have to acquire such 
authorities as soon as possible (we have been working this 
issue, with some progress, with the Attorney General). 
Berger seemed energized at its conclusion to make sure that 
legal reforms that his government was already planning 
includes such authorities. 
 
7. (U) Criminal Deportees 
------------------------- 
Berger has been under the misimpression that we deport aliens 
convicted of crimes in the U.S. before they complete their 
prison sentences.  He accepted the Ambassador's explanation 
that this is not the case. 
 
8. (C) Cuba Human Rights Resolution 
----------------------------------- 
 
Berger heard the Ambassador out on the intrinsic importance 
of a successful vote and of its political importance to us, 
reminding him that Guatemala voted yes last year.  The 
Ambassador noted that Costa Rica and Honduras have pledged to 
vote yes and noted that our resolution was deliberately 
minimalist.  Berger said he of course had no illusions about 
conditions in Cuba and that maintaining Central American 
unity would be important.  But he fretted that his government 
is getting tagged with being overly solicitous of U.S. views 
(this was an allusion to the long, debilitating saga over 
data protection and CAFTA) and that if Guatemala voted yes, 
it would give the now-energized left yet another argument. 
He also said Guatemala is genuinely grateful for the Cuban 
doctors here and does not want to risk losing them.  He 
inquired as to how Mexico is voting, gave instructions to 
Briz and Stein to do additional homework and to the 
Ambassador said &let,s talk again next week .8   Comment: 
 Classified email to WHA provides somewhat greater detail and 
asks for heavy artillery to be brought into this discussion. 
 
9. (C) OAS Secretary General Race 
--------------------------------- 
 
Berger said that Guatemala will vote for Flores as long as he 
is in the race, but confirmed that, if it narrows to Insulza 
and Derbez, Guatemala will support Mexico (&our neighbor8). 
 He asked what we would do in that circumstance.  The 
Ambassador said we are not considering that eventuality 
because we are not planning to see Flores lose.  Berger 
characterized that good-naturedly as bravado but Briz 
helpfully chimed in that his Salvadoran colleague reported 
this morning that Flores has picked up four votes in the 
Caribbean (not identified to Briz, however).  So Briz thought 
that Flores, possibilities looked at least marginally 
better.   The Ambassador encouraged the Guatemalans to do 
whatever they could to help Flores get into the second round. 
 
10. (C) Comment:  Berger was once again (as he was with 
SecDef Rumsfeld) effusively appreciative of our release of 
MAP funds and he values his relationship with us.  We need 
the support of a seventh floor principal, however, to bring 
him around on Cuba. 
 
 
HAMILTON