GUATEMALA ON 60TH UNCHR

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 000583

SIPDIS

E.O. 12958: DECL: 03/07/2014
TAGS: PREL PHUM GT UNHRC
SUBJECT: GUATEMALA ON 60TH UNCHR

REF: A. SECSTATE 41252


B. SECSTATE 44603

Classified By: PolOff Robert E. Copley for reasons 1.5 (b) and (d).


1. (C) Per instructions ref A, PolOff jointly delivered
reftel demarches to Carla Rodriguez, Director General for
Multilateral Affairs at the Foreign Ministry on March 11.
Rodriguez said Guatemala's interests at 60 UNCHR largely
coincide with ours and that this overlap had improved with
the arrival of the Berger administration. She applauded our
efforts at outreach, especially to members of GRULAC, and, in
response, said that Guatemala would greatly appreciate any
flexibility we could show toward its positions on the rights
of indigenous peoples and migrants. Rodriguez said
Guatemala's new Ambassador to Geneva, Lars Pira, has little
experience with UN commissions. He served as Ambassador to
Sweden and Norway and has been retired for several years. In
response to our points, which were left as non-papers,
Rodriguez provided the following feedback:

Thematic Issues
--------------
Unqualified calls to sign and ratify treaties - Rodriguez
said Guatemala prefers to call states to ratify, but
understands our concerns and will support our "consider
ratifying" formula.

Juvenile Death Penalty/Rights of the Child Resolution -
Guatemala will support the GRULAC position on these issues.
Rodriguez agreed that referring to the Convention on the
Rights of the Child (CROC) as "the" standard excludes some
important international standards on the rights of children,
but she stated that 190 countries see the CROC as "the most
important" standard and repeated that Guatemala could not go
against the GRULAC consensus on this.

ICC - According to Rodriguez, Guatemala views the ICC as an
important human rights tool. However, she agrees that
inserting ICC references in unrelated resolutions is
counterproductive. Rodriguez said our real enemy on this
issue is the EU and added that Guatemala would continue to be
helpful "in the corridors."

Democratic values - Rodriguez confirmed that Guatemala will
co-sponsor Brazil's resolution on Democracy and Racism,
Romania's resolution on Consolidation of Democracy and
Australia's resolution on Human Rights and Good Governance.
She added that Guatemala also shares our negative view of
resolutions sponsored by Cuba. In that vein, she said
Guatemala will vote against the resolution on Human Rights
and Responsibilities. On the other two - Strengthening of
Popular Participation and Promotion of a Democratic and
Equitable International Order - Rodriguez said Guatemala had
switched its vote to "yes" last year in response to a
combination of a "real effort" by Cuba to tone down the texts
and the personal input of Guatemala's previous Foreign
Minister. Guatemala's position this year will depend on what
the resolutions actually say. Rodriguez added that support
for these resolutions would be seen as a ensuring balance,
especially if Guatemala decides to vote against it on the
country-specific resolution.

Development - both of the Cuba-sponsored resolutions that
Guatemala may support touch on the issue of development,
where, Rodriguez said, we have slightly different views.
Guatemala agrees with using language developed at Doha and
Monterrey as the basis for development resolutions, but not
to the exclusion of all other formulas. Rodriguez agrees
that consistency is desirable, but argued that in order to be
consistent, previous resolutions on development cannot be
ignored.

Economic, Social and Cultural Rights - Rodriguez appreciated
our expression of interest in finding ways to support more
resolutions that address these rights while avoiding language
that raises sovereignty and legal concerns. Pressed for
ideas about working together, Rodriguez thought the best way
forward is for the U.S. to find some way to accept the
concept of "indirect rights" as not legally binding.

Anti-Semitism - Rodriguez said Guatemala will support
resolutions that condemn it.

Country Resolutions
--------------
China - Rodriguez said that Guatemala would have to review
the text of any China resolution before forming a position,
but added Guatemala opposes no action motions as a matter of
principle and would vote against them regardless of the
country involved.

Cuba - Rodriguez said Guatemala has not finalized its
position. The issue is still being debated within the
Foreign Ministry and at higher levels, she said.

Belarus - Rodriguez said Guatemala is likely to support the
resolution. She said that last year's abstention was the
result of a last-minute Russian intervention, and added that
Guatemala is less sensitive on the issue this year.

North Korea - Guatemala will continue to support us.

Iran - Guatemala's traditional support for the Iran
resolution ended two years ago when Iran appeared to be
opening up. Although Rodriguez agrees there has been no
improvement on the ground, she blamed the combination of Arab
pressure and our lack of presence on the Commission for last
year's abstention. Rodriguez said Guatemala would likely
support the resolution this year, but she could only say with
certainty that Guatemala would not oppose.

Middle East - Guatemala agrees with the need to consolidate
Middle East resolutions, and pointed out that Guatemala
routinely uses its explanation of vote to call for
consolidation. However, Rodriguez said Guatemala would not
vote against all of the resolutions, adding that decisions
would be made case-by-case, depending on the text.


2. (C) Guatemalan Ambassadors in Geneva have traditionally
had significant autonomy on determining Guatemala's positions
on many of the less visible votes at the Human Rights
Commission. It will be important for the US Mission to get
to know Ambassador Lars Pira on his arrival. Pira is a
career diplomat who has been retired for several years. We
have been told that his ideological sympathies are from the
left of the political spectrum. On highly sensitive votes
(i.e. the Cuba resolution) he will doubtless get clear
instructions from Guatemala City, but his vote on other
issues of importance to us will depend to a large extent on
his instincts and lobbying by US Mission Geneva.
HAMILTON