SUPPORTING HUMAN RIGHTS: U.S. EFFORTS IN GUATEMALA

UNCLAS SECTION 01 OF 03 GUATEMALA 000252

SIPDIS

E.O. 12958: N/A
TAGS: PHUM ELAB KCRM PREL PGOV GT
SUBJECT: SUPPORTING HUMAN RIGHTS: U.S. EFFORTS IN GUATEMALA

REF: 03 STATE 333935


1. Summary: Following is the Embassy response to Reftel
request. End Summary.

Overview of Human Rights and Democracy Environment
and U.S. Strategy for Improving It
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2. Guatemala held free and fair elections in November and
December of 2003. While there have been major advances in
human rights since the end of the civil conflict and signing
of the Peace Accords in 1996, state institutions charged with
enforcing the rule of law remain weak and serious human
rights problems persist. The U.S. strategy to improve the
situation is to encourage and support the new government's
efforts to strengthen these institutions, support civil
society groups promoting human rights, and to support a new
innovative UN proposal to investigate clandestine groups
believed to be involved in attacks on human rights workers.
It is encouraging that since 1996 civil society has blossomed
in Guatemala and is now a major contributor to the new
government's human rights policies.

U.S. Reponses to Human Rights Abuses Such as Torture and
Extra-Judicial Killings and Efforts to Strengthen Militaries'
Respect for Human Rights
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3. The Embassy expressed interest to authorities
investigating key human rights abuses during the year.
Authorities were generally cooperative and in several cases
shifted resources to investigate cases of particular concern.
The Ambassador also attended important human rights trials
and publicly promoted human rights and its defenders on
several occasions. From its genesis as a proposal from civil
society, the Ambassador has championed the proposed UN
Commission to Investigate Clandestine Groups (CICIACS).
USAID provided support to NGOs that have formed a "Coalition
in Favor of CICIACS." An agreement was signed between the UN
and the GOG to create the CICIACS on January 7, 2004. The
agreement would use international experts to investigate and
prosecute cases involving links between attacks on human
rights defenders, organized crime, official corruption, and
narco-traffickers in Guatemalan courts. It awaits
Congressional approval and Constitutional Court review.


4. When in March 2003 MINUGUA published evidence of the use
of torture by state agents against three narco-traffickers in
Rio Hondo, the Ambassador urged the Minister of Government
and the Minister of Defense to investigate the allegations
and punish any GOG officers found to be responsible. The
ministers agreed to take measures to prevent any recurrence
of torture, but to our knowledge no action was taken to
sanction individuals responsible for this incident.


5. To foster more professional security forces and reduce
human rights abuses, the Embassy and SOUTHCOM encouraged the
Defense Ministry to incorporate human rights training into
the Army's Civil Affairs curriculum. Partly as a result, the
Minister of Defense opened a human rights office in June 2003
and provided it with permanent staff. Members of SOUTHCOM's
Human Rights Division will visit Guatemala in February 2004
to discuss the GOG's implementation of a regional human
rights initiative. In 2004, USAID will provide $600k to a
project to strengthen civilian-military relations, with UNDP.

U.S. Efforts to Strengthen Democracy and the Rule of Law,
Civil Society, Political Parties, Free and Independent Media,
and Other Institutions
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6. The Embassy fielded approximately 40 official observers
under the OAS Electoral Observation Mission for the November
and December 2003 rounds of the general election. The USG
provided a total of $2.8 m. for the election, mostly through
USAID. USAID is now considering providing technical support
to the new Congress, and support for the negotiation of
electoral reforms to increase voter participation.


7. USAID continued to support ($4.2 m. over three years)
grassroots human rights promotion, including training local
human rights promoters, media campaigns, targeted support for
the Office of the Human Rights Ombudsman (limited training
and equipment),and support for the Human Rights Movement, a
coalition of human rights NGOs. A key Movement leader, Frank
LaRue, was appointed by President Berger to lead the
Presidential Human Rights Commission in January 2004. Under
this program, USAID also supported with $250k a media and NGO
campaign to raise public awareness of the recommendations of
the Historical Clarification Commission, five years after it
issued its report. Since 1999, USAID has provided $4.3 m. to
fund exhumations of clandestine cemeteries dating to the
civil conflict, and mental health projects for victims.
USAID also funded negotiations between civil society and the
government on the creation of a National Reparations Plan,
which was established to compensate victims of the civil
conflict.

8. To improve the country's judicial system, USAID funded
(approximately $2 m. in 2003, with similar levels of support
planned for 2004) the expansion of a network of Justice
Centers to improve access to justice and modernize the
justice sector by implementing oral debate in pre-trial
hearings and administrative reforms to promote efficiency and
transparency in judicial operations. The Embassy sent
journalists, government officials and civil society leaders
on International Visitor Programs in 2003 on topics including
human rights, democracy and investigative journalism.

U.S. Efforts To Encourage Respect for the Rights of Women,
Children, Minorities, and People with Disabilities
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9. USAID supported the creation of a Presidential Commission
Against Racism and Discrimination Against Indigenous Groups
in 2002 under a $250k four-year program. In 2004, USAID is
considering providing $50k to the Commission for the
development of a strategic plan of action and a similar
amount to a human rights NGO to develop a draft national
policy against discrimination and racism. USAID also
supported a National Indigenous Congress held in August 2003,
which promoted indigenous political participation through the
creation of a National Indigenous Assembly, which is
currently in formation. The Mission participates in a donor
dialogue on indigenous issues to prevent duplication of
efforts.

U.S. Efforts to Promote Religious Freedom
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10. Religious freedom is generally respected in Guatemala.
Embassy officers expressed USG support for religious freedom
while meeting with religious leaders and GOG authorities to
prepare the annual human rights report and the report on
international religious freedom.

U.S. Efforts to Strengthen Workers' Rights
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11. In 2003, USDOL announced a four-year, $6.7 m. regional
project to promote labor rights education and strengthen
labor inspectorates in Central America. The USG negotiated
a regional free trade agreement (CAFTA) with Central American
nations which incorporated labor rights protections. If
ratified, it will supersede existing labor conditions under
the Generalized System of Preferences (GSP). An inter-agency
USG delegation conducted bilateral labor consultations in
May; USTR held hearings on open GSP labor petitions in
October. In all these exchanges, USG officials expressed
concern about the need for the GOG to fully investigate past
violence against trade union leaders; reform its labor
justice system; and reinstate workers illegally fired for
unionizing activities. In November, the Embassy expressed
concern to the GOG over the potential for anti-union violence
at a maquila where a new union, the third in the sector, had
been organized. The GOG responded quickly and violence was
avoided. The GOG successfully encouraged the negotiation of
collective bargaining agreements at the Choi
Shin/Cimatextiles plants, which became the first two such
agreements to take effect in this sector.

U.S. Efforts to Combat Trafficking in Persons
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12. Guatemala was rated a Tier II country in the 2003 U.S.
Trafficking in Persons Report to Congress. The Embassy and
G/TIP briefed the GOG on the implications of the report in
July 2003, and urged the GOG to step up its efforts to
prevent, prosecute and punish this crime. In response, the
GOG formed an inter-institutional group comprised of
ministries, Congress, the Attorney and Solicitor General's
Offices, and the judiciary, to better coordinate these
efforts. At the Embassy's urging, the Attorney General
authorized the creation in 2004 of a new anti-TIP prosecution
unit in the Office of the Special Prosecutor for Women.
Embassy DHS worked closely with GOG immigration officials to
seek victims of TIP in brothels in and near the capital.
Several under-age victims were found, and arrests made of
traffickers that remain to be prosecuted. The Embassy has
urged the GOG to stiffen sanctions against TIP. USAID's HIV
program has supported an NGO providing job training to TIP
victims and is considering supporting a regional TIP victim
support network of NGOs.

Addendum: USG-funded (over 100K) Human Rights or Democracy
Programs
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13. USAID Electoral Support:

$750 K - TA to the Supreme Electoral Tribunal (TSE)
$500 K - Domestic Electoral Observation
$368 K - International Electoral Observation
$100 K - Election Monitoring/Assistance
$300 K - TSE Public Information Campaign
$200 K - Municipal candidate debates and forums
$100 K - TA to TSE Magistrates
$210 K - Health Advocacy (electoral)
$250 K - Electoral forums and candidate radio interviews

Other USAID Support:

$305 K - Indigenous Projects
$2 m. - Justice Modernization Programs
$4.2 m. - Human Rights Support to Grassroots Human Rights
Promotion (for NGOs, media campaigns, support to the Human
Rights Ombudsman)
$4.3 m. - Support for exhumations and mental health programs
HAMILTON