US embassy cable - 03GUATEMALA705

UNCLAS GUATEMALA 000705 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, GT, OAS, UN 
SUBJECT: AGREEMENT ON CLANDESTINE GROUP COMMISSION 
 
REF: GUATEMALA 471 
 
1.  (SBU) Summary:  The human rights community, Human Rights 
Ombudsman, and FM Gutierrez agreed on the make-up and mandate 
for an international commission to investigate recent attacks 
on human rights defenders in Guatemala.  Helen Mack invited 
the Ambassador to attend the public signing ceremony on March 
13 and expressed appreciation for strong USG support for the 
proposal.  That support will be tested as the commission 
moves toward formation in September.  We believe the proposal 
is worthy and was strengthened by the facilitation of Human 
Rights Watch facilitator Jose Miguel Vivanco.  End Summary. 
 
2.  (U) The accord on formation of a Commission to 
Investigate Illegal and Clandestine Security Groups (CICIACS) 
is for three commissioners, with subpoena powers, a witness 
protection program, a one-year term (renewable, in six month 
increments, for up to 12 months more), focused on the 
1994-2003 period, to begin its operations in September 2003. 
The GOG pledged $256,000 in initial financial support and 
committed to solicit funding from the international 
community, to be managed by UNOPS.  A copy of the full text 
of the agreement (5 pages) was forwarded to WHA/CEN on March 
14. 
 
3.  (U) The agreement includes a broad mandate to investigate 
illegal and clandestine groups, with special emphasis on 
those responsible for attacks on human rights defenders, 
justice workers, witnesses, journalists, union members and 
others.  It is also charged with investigating illegal or 
clandestine activities of state security forces and private 
security forces since the signing of the Peace Accord on 
Human Rights on March 29, 1994 (relevant antecedents may also 
be investigated).  The goal of this investigation is to 
dismantle criminal groups with links to the state and 
prosecute responsible individuals, and end attacks and 
threats on groups listed above.  A final report on the 
structure, organization, and financing of groups or networks 
responsible for attacks and threats will include 
recommendations to the government.  An annex to the report 
will include information necessary to initiate administrative 
action against state agents and another for criminal 
prosecution. 
 
4.  (U) During a March 10-13 visit to Guatemala, Jose Miguel 
Vivanco of Human Rights Watch reassured skeptical NGO's and 
rallied GOG and international support, culminating in the 
March 13 agreement.  Ombudsman Sergio Morales announced on 
March 14 that his office had compiled 77 complaints of 
attacks, threats, crimes and intimidation of justice system 
workers, witnesses, and citizens which will be submitted to 
the commission in September. 
 
Comment 
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5.  (SBU) With Department concurrence, the Ambassador has 
been actively supportive of the CICIACS proposal, which has 
now cleared its first major hurdle.  NGOs are elated by 
Vivanco's success.  However, many other obstacles remain to a 
fully functioning commission.  The Executive must now draft a 
decree, negotiate agreements with the UN and OAS, submit 
those agreements to Congress for ratification, select a 
notable Guatemalan member of the commission.  We will monitor 
and report these steps closely. 
6.  (SBU) We may not receive an official request for 
financial support immediately, but would like to be in a 
position to indicate the approximate amount that we are 
likely to commit in order to aid planning and to encourage 
other donors.  Can we informally and unofficially advise that 
we are likely to commit $500,000? 
 
7.  (SBU) We can also anticipate requests, once the 
Commission is established, for information, including 
declassified documents.  The Ambassador has worked to lower 
expectations of a special declassification project but urges 
the Department to consider standing up now an effort to 
compile an all-source report that we could provide the 
Commission at the onset of its work in September.  There may 
be better ways to be responsive but, knowing that the 
requests will come, we should prepare now to be as responsive 
as possible. 
HAMILTON