US embassy cable - 03GUATEMALA1683

C O N F I D E N T I A L GUATEMALA 001683 
 
SIPDIS 
 
E.O. 12958: DECL: 06/27/2013 
TAGS: MARR, PREL, MOPS, PGOV, PINR, GT 
SUBJECT: FOREIGN MINISTER ASKS FOR TIME TO CONSIDER ARTICLE 
98 AGREEMENT 
 
 
Classified By: A/DCM David Lindwall for reason 1.5 (d). 
 
1. (C) Summary:  Foreign Minister Edgar Gutierrez told the 
Ambassador on June 24 that the MFA is seeking interagency 
comments on the proposed bilateral Article 98 Agreement, and 
is engaged in internal political consultations on the 
desirability of signing the agreement.  He asked that we give 
the MFA until mid-July to come up with a coordinated GOG 
position on an Article 98 Agreement before seeking bilateral 
consultations.  End summary. 
 
2.  (C) The Ambassador met on June 24 with Foreign Minister 
Edgar Gutierrez to offer, inter alia, that a USG negotiating 
team meet with senior MFA officials on June 27 to discuss the 
status of the USG proposal for a bilateral Article 98 
Agreement.  The Ambassador noted the priority the US attaches 
to signing an agreement with Guatemala, particularly in view 
of the large number of humanitarian joint exercises carried 
out every year in Guatemala.  The Ambassador told Gutierrez 
that, although Guatemala has not yet ratified the Statute of 
Rome, the lack of guarantees for US military personnel 
created by the absence of an Article 98 Agreement will be a 
disincentive for continuing humanitarian exercises at the 
levels of previous years.  Foreign Minister Gutierrez said 
the GOG fully recognizes the importance of this issue, and 
said he had had a positive meeting on the USG proposal with 
A/S Rademaker on the margins of the OASGA in Santiago.  He 
thanked us for the counter-proposal given to him by A/S 
Rademaker, and said that the MFA's legal division had already 
sent the draft around to other ministries for their comments. 
 Gutierrez said the MFA was disappointed that the U.S. had 
not accepted an operative paragraph counter-proposed by the 
GOG, but said the MFA Treaty Office is producing an 
evaluation of the current proposal.  Gutierrez said that he 
had tasked Ambassador Maritza Ruiz de Vielman, his special 
advisor, with ensuring that the MFA and other ministries 
complete their review of the proposal expeditiously. 
 
3. (C) Gutierrez said that, besides the technical/legal 
review of the current text, he was also engaged in a round of 
political consultations on the matter more generally.  The 
Foreign Minister pointed out that he had been a member of the 
historical clarification commission which had fingered 
General Rios Montt for human rights violations during the 
internal conflict.  His subsequent decision to join the FRG 
government (note: Rios Montt is the Secretary General of the 
FRG. End note) had come as a big shock to the human rights 
community.  He said, "if now I am perceived as the one who is 
pushing an international agreement that could protect Rios 
Montt from international justice, I will have lost all 
credibility."  The Ambassador pointed out that the ICC will 
have no jurisdiction over Rios Montt as there is no 
retroactivity in its actions.  Gutierrez acknowledged the 
point, but said human rights groups in Guatemala are not 
convinced.  Gutierrez said he has begun a consultation with 
the leading human rights groups and others to form a more 
educated position on an Article 98 Agreement.  He said that 
he was departing for a two week visit to European capitals 
and would be back in Guatemala by mid-July.  He believes that 
by that time the GOG will be prepared to discuss an Article 
98 Agreement more formally.  Gutierrez asked if we could give 
him until then to revisit the issue. 
 
4. (C) Comment:  Foreign Minister Gutierrez recognizes that 
securing an Article 98 Agreement is one of the USG's highest 
priorities in Guatemala at this time.  He is also aware that, 
even absent Guatemala's accession to the Statute of Rome, the 
lack of an Article 98 Agreement could have consequences for 
our military-to-military relationship.  When Gutierrez 
returns from Europe in mid-July we will broach the issue with 
him again. 
HAMILTON