GUATEMALA ACCEPTS OHCHR RESIDENT OFFICE

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 003288

SIPDIS

DEPARTMENT FOR WHA/CEN, IO/SHA, AND DRL/MLA

E.O. 12958: DECL: 12/29/2014
TAGS: PHUM PGOV PREL GT UN
SUBJECT: GUATEMALA ACCEPTS OHCHR RESIDENT OFFICE

REF: GUATEMALA 3161

Classified By: Ambassador Hamilton; Reason 1.5 (d)


1. (C) Summary: The GOG and the U.N. Office of the High
Commissioner for Human Rights (OHCHR) have agreed to
establish an OHCHR Resident Office in Guatemala. We believe
the agreement, although later than desired, reflects well on
the GOG and will help secure advances in human rights. The
final language of the accord ensures that the OHCHR Resident
Office has the authority to report freely and accurately on
human rights in Guatemala. End summary.

Reaching agreement on OHCHR Resident Office
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2. (C) The Ministry of Foreign Relations (MRE) informed us
that they reached agreement December 22 with the United
Nations' Office of the High Commissioner for Human Rights
(OHCHR) for that U.N. agency to establish a Resident Office
in Guatemala. Foreign Minister Jorge Briz intends to travel
to New York to sign the agreement on January 10, as suggested
by the High Commissioner's representatives. The GOG would
then send the Accord to Congress for approval and then to
President Berger for signature and formal ratification.


3. (U) As noted in reftel, the lack of agreement regarding
the mandate and activities of a resident OHCHR Office in
Guatemala and delayed the agreement by several months. The
OHCHR Resident Office can still, however, take advantage of
the institutional knowledge and facilities formerly dedicated
to the U.N. Verification Mission to Guatemala (MINUGUA),
which formally closed its doors in November. The basic
dispute regarding the establishment of the OHCHR Resident
Office involved the scope of that office's activities and
reporting requirements on the state of human rights in
Guatemala.

Establishing a mandate
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4. (U) The pending accord between the Office of the High
Commissioner and the GOG states that the OHCHR Resident
Office will observe and report on the human rights situation
in Guatemala for the purpose of advising GOG authorities in
the formulation and application of policies and programs to
promote and protect human rights in Guatemala. In addition
to advising the GOG on policy and assisting in the
development of educational and capacity-building programs,
the Resident Office will engage GOG authorities regarding
human rights violations or other abuses when, in the OHCHR's
judgment, the application of the Guatemalan legal process is
not compatible with internationally accepted norms.


5. (U) Although the OHCHR Resident Office's primary
activities are focused on cooperation with the GOG, the
accord specifically notes that it will also maintain the
right and responsibility to form cooperative relationships
with international organizations, civil society, and
individuals and non-governmental organizations (NGO) with
human rights interests. The Resident Office is intended to
act as a center for dialog to promote confidence between all
sectors involved and interested in questions of human rights.


6. (U) In regard to the concern about the focus of reports,
the Resident Office in Guatemala will not issue public
statements that identify specific individuals or
organizations as legally responsible for human rights
violations, but will report in a free and on-going manner
directly to the High Commissioner in Geneva. The High
Commissioner will, in turn, prepare a formal report on the
Guatemalan human rights situation for the U.N. Human Rights
Commission, and will share this report with the GOG before
its formal and public presentation. (Note: These reporting
requirements are in line with the requests made by the GOG.
End note.)

Comment
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7. (C) The GOG sought changes in the text of the accord in
order to appease Congressional critics who objected to the
apparently wide-ranging mandate. That said, we believe that
this compromise provides enough leeway to allow the OHCHR
office to conduct its activities without hindrance. The
accord specifically notes that the Resident Office will
receive information from any source, public or private, and
will maintain the confidentiality of the source. The
existence of an independent OHCHR Resident Office in
Guatemala is important, both to maintain a clear and
unimpeded focus on the issue and to provide needed technical
support to a GOG that is motivated but lacking in expertise
and funds. The final language of the agreement to establish
the office assures the full power and mandate of the OHCHR
Resident Office and reflects well on the GOG.
HAMILTON