GUATEMALA ON INTER-AMERICAN CONVENTION AGAINST

UNCLAS GUATEMALA 001337

SIPDIS

DEPARTMENT FOR WHA/USOAS, L/WHA, WHA/CAR

E.O. 12958: N/A
TAGS: PTER KTIA AORC GT OAS
SUBJECT: GUATEMALA ON INTER-AMERICAN CONVENTION AGAINST
TERRORISM

REF: STATE 118495


1. Information provided below is keyed to reftel questions:


A. The OAS Terrorism Convention is not currently on the
legislative agenda. Congress is in recess until August.
General elections will be held in November. The Foreign
Ministry continues to consult internally and with various
line Ministries about the Convention.


B. According to Sylvia Corado, Director for Multilateral
Affairs, the Foreign Ministry anticipates no obstacles to
eventual ratification. Corado acknowledged that the process
has been slow but said that the political will Guatemala
showed when it signed the Convention is still in place.


C. Until the Convention goes to Congress, the key leader in
the ratification process will be the Foreign Minister.
Corado believes it is unlikely the Convention will be
forwarded to the current Congress. The leadership of the
next Congress will be determined in the upcoming elections.


D. Currently, the FRG party holds a slight but disciplined
majority in Congress. The party is led by retired General
Efrain Rios Montt.


E. According to Corado, Guatemala can ratify the Convention
without making any legislative or regulatory changes.
However, once ratified, some changes will be required.
Corado said this was part of the reason consultations were
taking so long. Although she could not recall details,
Corado said she had attended discussions related to changes
in asylum and extradition laws, and assured us that the
Government of Guatemala was preparing to move quickly once
the Convention is ratified. Asked about constitutional
provisions related to extradition (Article 27),Corado could
only say the matter was under review and was not considered
an obstacle.


F. Many of the Convention's obligations are already covered
by current legislation. Technically, once the Convention is
ratified it will have the force of law. Corado called this a
"gray area" and said that the Foreign Ministry would propose
the necessary legislative changes to Congress once the
Convention was ratified.


G. In Guatemala, the text of a convention is approved by the
Congress and ratified by the President. Ratification is not
automatic following approval of the text by Congress.
HAMILTON