Identifier
Created
Classification
Origin
03GUATEMALA2473
2003-09-25 16:25:00
UNCLASSIFIED
Embassy Guatemala
Cable title:  

SCENE SETTER FOR VISIT OF CODEL KOLBE

Tags:  OVIP PREL PGOV ETRD PHUM GT 
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UNCLAS SECTION 01 OF 03 GUATEMALA 002473 

SIPDIS

EMBASSY SAN JOSE PLEASE PASS TO CODEL KOLBE

E.O. 12958: N/A
TAGS: OVIP PREL PGOV ETRD PHUM GT
SUBJECT: SCENE SETTER FOR VISIT OF CODEL KOLBE


UNCLAS SECTION 01 OF 03 GUATEMALA 002473

SIPDIS

EMBASSY SAN JOSE PLEASE PASS TO CODEL KOLBE

E.O. 12958: N/A
TAGS: OVIP PREL PGOV ETRD PHUM GT
SUBJECT: SCENE SETTER FOR VISIT OF CODEL KOLBE



1. (U) Summary: Your September 27-29 visit to Guatemala comes
in the final weeks of Guatemala's heated national election
campaign, leading up to the November 9 election of the
President, all members of the unicameral Congress and all
local government officials. The sometimes violent
confrontation between the ruling party (the Frente
Republicano Guatemalteco - FRG) and the opposition has fed
fears of potential electoral fraud, though USG assistance to
the impartial Supreme Electoral Tribunal and the Organization
of American States (OAS) election monitoring mission has
contributed significantly to ensuring that the election is
free and fair. Polls show one of the opposition candidates
has a significant lead in the presidential race.


2. (U) The new government, which will take office on January
15, 2004, will inherit an initialized text or final
negotiation of a free trade agreement between the United
States and Central America (CAFTA). Concluding a free trade
agreement with Central America is one of the Administration's
highest priorities. Securing effective cooperation from
Guatemala in the war against drugs is also a major USG
priority, and we have seen major advances in this front in
recent months. In March 2003, Guatemala was "decertified"
with a vital national interest waiver for failing to
cooperate fully in stopping the flow of drugs (mainly
Colombian cocaine) through Guatemala to the US. Following
this virtual "decertification," the GOG (prodded by us)
increased cooperation in practically all areas of the war on
drugs -- increasing cocaine seizures from 4 tons in 2002 to
over 8 tons so far in 2003; extraditing a Guatemalan national
to face justice in the US; signing and ratifying a
Counternarcotics Maritime Cooperation Agreement with us;
seizing over $21 million dollars in narcotics assets; and
much more. On September 15, 2003, President Bush certified
Guatemala as a cooperating partner in the war on drugs in
response to this increased cooperation.


3. (U) The protection of human rights in Guatemala continues
to suffer from the legacy of 36 years of civil war, which
ended in 1996 with the signing of the Peace Accords between

Marxist guerrillas and the Guatemalan government. The USG
has made promoting human rights and investigating and
prosecuting violations committed during the internal conflict
a major priority. There have been some advances, but threats
against human rights workers continue to impede progress in
healing the wounds of the civil war. Your visit will offer
the opportunity to underscore for your Guatemalan
interlocutors, both in the government and civil society, the
importance the United States places on the holding of free
and fair elections, the negotiation of a free trade agreement
that benefits us all, effective cooperation to stop the flow
of drugs through Guatemala and the promotion of human rights.
End summary.

National Elections
--------------

4. (U) Elections for President, Congress and mayors will be
held on November 9, and you will find that the heated
election campaign will be foremost on the minds of your
Guatemalan interlocutors. There are numerous Presidential
candidates, making it difficult for any one candidate to
obtain the 50% of the vote necessary to win on the first
round. If no candidate wins more than 50% of the vote on
November 9, a run-off election will be held on December 28
between the two finalists. Currently the polls show
center-right business candidate for the GANA coalition Oscar
Berger ahead with roughly 40% of the vote. Center-left
candidate Alvaro Colom and the populist candidate for the
ruling FRG, former General Efrain Rios Montt, are disputing
the second place with between 13 and 18% of the vote. The
candidacy of former de facto President Rios Montt (who headed
a military junta in 1982-1983) has added a great deal of
controversy to the election as there is a Constitution
prohibition against it. Rios Montt used his position as
President of Congress during these past four years and head
of the ruling FRG to stack the Constitutional Court with his
supporters, thus ensuring that the high court ruled in favor
of his candidacy by the narrowest of margins. The decision
unleashed a firestorm of protests by the opposition and the
media, but ultimately the decision stood as the
Constitutional Court is the highest court in the land and its
decisions can not be appealed.


5. (U) The participation of Rios Montt in the election and
the high levels of political violence (twelve mayoral or city
council candidates and party activists have been killed so
far) have increased public concerns that the ruling party may
engage in electoral fraud. Guatemala has a good electoral
law and an independent and respected Electoral Tribunal,
greatly reducing the probability that fraud will be
significant. The USG has invested resources to strengthen
the technical ability of the Electoral Tribunal to carry out
free and fair elections, and we are providing most of the
financing for the OAS election observation mission, which
will blanket the country in the weeks leading up to the
election and on election day. The Electoral Tribunal is
getting out the message on TV and radio, in Spanish and in
the Mayan languages, that "your vote is secret." While it
will be hard to overcome the popular perception that fraud
will be committed in the elections, we believe the process
will be transparent.

Free Trade (CAFTA)
--------------

6. (U) Your visit will also coincide with the final stages of
the negotiation of a free trade agreement between the United
States and Central America. The Administration has made the
conclusion of a free trade agreement with Central America one
of the highest priorities in our relationship with the
hemisphere. The region currently benefits from unilateral
trade concessions under the General System of Preferences
(GSP) and the Caribbean Basin Initiative (CBI),but a free
trade agreement would give us similar access to Central
American markets in exchange for making their access to the
US market permanent. It will also strengthen and clarify the
rules for trading, investing and resolving business disputes
in the region, eliminating some of the arbitrary practices
that have impeded investment and growth. We believe a free
trade agreement between the US and Central America will spur
economic growth in the region, giving them a greater capacity
to buy our products and diminishing the incentive for
immigration. There are currently an estimated 1.5 million
Guatemalans living in the United States, most without legal
status. Remittances by Guatemalans living in the US to their
relatives in Guatemala will reach almost $2 billion in 2003,
generating more foreign currency for Guatemala than exports
of coffee, sugar and tourism combined.

Counter-Narcotics Cooperation
--------------

7. (U) Guatemala is a major transit country for drugs (mainly
Colombian cocaine) heading to US markets. Over a 100 tons of
cocaine are estimated to transit through Guatemalan land,
waters or airspace every year. During the first years of the
administration of President Alfonso Portillo, the GOG did not
make cooperation in the war on drugs a high priority, and
containing the transit of drugs through Guatemala suffered
markedly. In March 2003, President Bush certified to
Congress that Guatemala was not fully cooperating in the war
on drugs, but extended a vital national interest waiver to
Guatemala in order for us to continue critical USG assistance
programs in the area of child nutrition, protection of the
environment and human rights. This virtual "decertification"
led the GOG to improve its cooperation with us in the war
against drugs, and in the ensuing six months the GOG doubled
cocaine seizures; extradited a Guatemalan national to the US
to face felony murder charges; signed and ratified a
Counternarcotics Maritime Cooperation Agreement with us;
passed asset forfeiture legislation; seized over $21 million
in narcotics assets; totally reorganized the special
counternarcotics police; and much more. As a result of the
GOG's enhanced cooperation, on September 15 President Bush
certified to Congress that Guatemala is once again a
cooperating partner on the war on drugs. We are continuing
to engage with the GOG to ensure that counternarcotics
cooperation levels are sustained in the remaining months of
the Portillo Administration, and have made this a major
element in our dialogue with the presidential candidates in
the upcoming elections.

Human Rights
--------------

8. (U) The end of the 36-year armed internal conflict in 1996
put an end to the most egregious human rights violations in
Guatemala, but left a legacy of violence and impunity that
persists today. Human rights organizations that are trying
to prosecute human rights violators from the conflict period
have been threatened and several have been killed during the
past two years. The USG has made protection of human rights
workers and promotion of the rule of law a major USG
objective in our relationship with Guatemala. The Ambassador
has personally attended the major human rights trials and
made numerous public statements in support of the beleaguered
human rights community, as well as using every private
meeting with government and military leaders to raise our
concerns about the continuing threats. We have supported the
creation of an international commission (made up of the UN,
OAS and Guatemalans) to investigate the operation of
clandestine groups in the country, for the purpose of
prosecuting those who are threatening human rights workers.

Comment
--------------

9. (U) Your visit offers an important opportunity to convey
to Guatemalans, both in the government and in civil society,
the priority the United States places on working with
Guatemalans to strengthen their emerging democracy. At this
juncture in Guatemala's history, the key to success will
depend to a great extent on the holding of free and fair
elections, the negotiation of a free trade agreement with us,
clamping down on the transit of narcotics through the isthmus
and the effective promotion of human rights. We welcome your
visit and look forward to the chance to brief you more fully
on these issues on your arrival.
HAMILTON