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