NGOS UPBEAT ON CICIACS DEVELOPMENTS

UNCLAS SECTION 01 OF 02 GUATEMALA 000929

SIPDIS

HARARE FOR WHARTON

E.O. 12958: N/A
TAGS: PHUM PREL GT UN OAS
SUBJECT: NGOS UPBEAT ON CICIACS DEVELOPMENTS

REF: A. GUATEMALA 890

B. STATE 77340


1. (U) Summary: Embassy officers met with human rights
activists Frank LaRue, Claudia Samayoa, and Orlando Blanco on
April 2 to discuss both the recent protest by human rights
groups in front of the Embassy and their silence on Cuban
dissident jailing (Ref A),as well as steps that the Embassy
can take to help the NGOs move the Commission to Investigate
Illegal Bodies and the Clandestine Security Apparatus
(CICIACS) proposal forward. Embassy officers offered
technical expertise to help NGOs analyze investigative models
of possible use to the CICIACS. End Summary.


2. (U) On April 2, representatives from POL, NAS, ICITAP,
AID, and RSO met with human rights activists to address
questions emerging from DAS Fisk's meeting with Jose Miguel
Vivanco (Ref B),and to demonstrate our continuing moral and
technical support for the NGOs as they push the formation of
the CICIACS forward. We discussed the commission set-up, the
NGO's latest dealings with the GOG, the budget progress, the
commission candidates, and further steps for Embassy-NGO
collaboration.

From Here to September: A Cloudy Process
--------------


3. (U) According to LaRue (and confirmed to us by the MFA),
the GOG has appointed former Ambassador to the Court of St.
James, Maritza Ruiz de Vielman to handle GOG negotiations
with the UN and the OAS for the creation of the CICIACS.
Ruiz de Vielman drafted an initial agreement in which the GOG
would establish the CICIACS under the Secretary of Peace
(SEPAZ),a domestic institution in which the NGOs have little
confidence. The Human Rights Ombudsman communicated with FM
Gutierrez to say that the NGOs were not supportive of that
idea and that the CICIACS had to be set up as an
international commission for the NGOs and the international
community to support it. Gutierrez reportedly agreed, saying
that Ruiz de Vielman misunderstood the March 13 agreement
from which she drew her proposal, and that the GOG also wants
an international commission. To that end, Gutierrez sent
Ruiz de Vielman to New York on April 1, to lobby the UN and
start the official exchange of letters.


4. (U) As NGOs understand the situation, the GOG and the UN
and OAS will now exchange letters proposing a joint
commission, and this series of agreements will then be
submitted to Congress for ratification. The NGOs have heard
that commissions of this size need only the approval of the
Secretaries General of the UN and OAS, and need not be

SIPDIS
submitted to these organizations' general assemblies. The
NGO representatives also told us that they have heard that
both UN SecGen Annan and OAS SecGen Gaviria are already on
board in support of CICIACS.

Budget Progress
--------------


5. (U) The NGOs have delayed further work on the CICIACS
budget, instead choosing to focus their energies on the
set-up of the commission. Once the UN and the OAS have
confirmed their involvement, and agreed on the scope,
mandate, and timing of the CICIACS, the NGOs hope that these
organizations will provide fiscal experts to help them
develop a realistic budget.

Commission Candidates
--------------


6. (U) Human rights activists Nery Rodenas and Orlando Blanco
are traveling to the UN and the OAS on April 9 to present
their ideas for candidates for the commission and to solicit
feedback. Frank LaRue told DCM and PolOffs that their top
choices currently are Peruvians Jose Ugaz and Gino Costa.
LaRue separately told the Ambassador that they were also
considering Guatemalan Ramon Cadena, whom the Attorney
General said was his choice to replace Tatiana Morales as
Human Rights Prosecutor in the Public Ministry. (Note: LaRue
doubted that Cadena would accept a job offer from De Leon.
End Note.)

Next Steps
--------------


7. (U) The NGOs have items that they would like to discuss
with Embassy experts in the future. Many of them have to do
with the role of the Public Ministry, including how the
CICIACS will provide protection for the special prosecutor
appointed by the Attorney General, how the CICIACS will help
improve the Public Ministry, and how the CICIACS will protect
witnesses and investigators. The NGOs also wondered if we
had any advice on how to mount a public relations campaign to
help educate the average Guatemalan about clandestine groups
and the aims of CICIACS. NGOs intend to contact the Embassy
to discuss this after the official exchange of letters
between the UN, OAS, and GOG.

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


8. (U) The NGOs were appreciative of our continued support.
They trust the GOG's interlocutor, Ruiz de Vielman, and are
hopeful that the commission set-up will proceed along the
lines they envisioned. We will continue our support and
inform the Department about further requests for
collaboration. End Comment.
HAMILTON