US embassy cable - 03GUATEMALA551

UNCLAS SECTION 01 OF 02 GUATEMALA 000551 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, GT, UN, OAS 
SUBJECT: AMBASSADOR'S CALL ON HUMAN RIGHTS OMBUDSMAN 
 
REF: GUATEMALA 471 
 
1. SUMMARY:  The Ambassador met with Human Rights Ombudsman 
Sergio Morales on February 27 to support the Ombudsman's 
proposal for the commission to investigate clandestine groups 
(CICIACS).  Morales was encouraged by President Portillo's 
recent official response and believes Vivanco's recent 
memorandum was also positive.  The press gave the meeting 
ample, positive coverage.  End Summary. 
 
2.  The Ambassador, Acting PolCouns, and HROff visited Human 
Rights Ombudsman (PDH) Sergio Morales in his offices on 
Thursday, February 27.  The Ombudsman thanked the Ambassador 
for his overwhelming support of the human rights community 
and the proposal for the CICIACS.  Morales said while the 
Embassy has been a strong PDH ally, the Ambassador's public 
support exceeded his expectations.  The Ambassador said 
support for Morales' work is fundamental to US policy and 
that he can count on our continued support. 
 
CICIACS update 
-------------- 
 
3.  The Ambassador told Morales he discussed the CICIACS with 
President Portillo recently and had asked Portillo to respond 
formally to Morales.  Portillo subsequently sent Morales a 
letter on February 27 explaining GOG support for the ideas 
behind the CICIACS proposal and expressing the GOG's desire 
to negotiate the proposal through Jose Miguel Vivanco. 
Morales appreciated Portillo's formal response, which was the 
first word he had received from the GOG since his public 
release of the proposal on January 16.  Morales confessed 
that he was "still analyzing" Portillo's prose but viewed it 
as generally positive. 
 
4.  According to Morales, a letter from FM Gutierrez on 
Vivanco's departure had raised Morales's concerns about 
over-broadening the commission's mandate to include crimes 
linked to private security forces.  This new Portillo letter, 
however, returned to the CICIACS's original, narrower scope 
on crimes linked to state agents.  The Ambassador and Morales 
agreed that Vivanco's memorandum and Reed Brody's inclusion 
in upcoming negotiations were other positive developments. 
Morales said he is eager for Vivanco and Brody to come in 
March to push the GOG and the human rights community toward a 
consensus. 
 
Resource Request 
---------------- 
 
5.  Morales said he appreciates the Embassy's moral support, 
but that the PDH also needs resources in order to continue 
expanding its work.  The Ambassador pledged to strengthen the 
PDH through USAID assistance, especially since it will be 
assuming many of MINUGUA's functions in the coming years. 
Morales thanked the Ambassador and said the USG "brings good 
luck" to his institution. 
 
Security 
-------- 
 
6.  The Ambassador asked if Morales had been receiving 
threats and Morales responded that he had not, but many of 
his auxiliary Ombudsmen had, including those in 
Huehuetenango, Solola, Zacapa, and Quiche.  The Ambassador 
and Morales talked about ways to improve the "culture of 
lawfulness," as they agree that many human rights problems 
have cultural roots.  Morales said threats reported by the 
human rights community have dropped off since public 
discussion of the CICIACS began in mid-January.  The 
Ambassador said we will remain engaged on human rights 
workers' security and asked Morales to let him know if the 
situation worsens. 
 
Press Coverage 
-------------- 
 
7.  The Ambassador's brief session with the press following 
the meeting was widely documented and produced the following 
quotes in leading daily Prensa Libre: 
 
-CICIACS: It is an encouraging sign that the President 
responded to the Ombudsman and demonstrated his willingness 
to form a commission. 
 
-(Upon his return in March) We hope that (Vivanco) can obtain 
agreements quickly.  It is because of this dialogue that we 
have reason to be cautiously positive. 
 
-Decertification: We have seen improvement, but there is 
still much work to be done.  What we see as important is that 
all the institutions involved are ready to cooperate.  It is 
probable that the government will form a commission devoted 
to this topic.  It is difficult to talk about advance steps 
at this time; we will probably review the counternarcotics 
efforts in September. 
 
Comment 
------- 
 
8.  Morales was more optimistic than we expected about the 
GOG response and Vivanco's mission.  He will be an important 
ally in our efforts to moderate NGO skepticism so as to 
prevent the "perfect from becoming enemy to the good" on 
CICIACS.  End Comment. 
HAMILTON