GUATEMALA HUMAN RIGHTS UPDATE #3-2004

UNCLAS SECTION 01 OF 02 GUATEMALA 000860

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV GT
SUBJECT: GUATEMALA HUMAN RIGHTS UPDATE #3-2004


1. (SBU) Summary: The following is an update of significant
recent developments in human rights. Topics include:

-- Cutbacks in Special Prosecutor's Office for Human Rights
(para 2 and 3)

-- Rosalina Tuyuc to Head Presidential Reparations Committee
(para 4)

-- CALDH Kidnapping (para 6)

-- Environmentalist Threatened (para 7)


Cutbacks in Human Rights Office
--------------

2. (SBU) In mid-March, New Attorney General Juan Florido
Solis reportedly informed Thelma de Lam, Special Prosecutor
for Human Rights, that the staff of her office would be cut
from the 60 that were employed under De Leon to 4, two
Attorneys and two assistants. Although we have yet to see
whether the reduction will be that dire, 37 employees have
been let go thus far. In comparison to other sections in the
Public Ministry, the Human Rights Prosecutor's Office was
overstaffed and Florido told the Ambassador that the
reductions addressed an internal perception from the other
prosecutors of preference for De Lam under the previous
Attorney General. More concerning, according to De Lam,
security for all of the Attorneys was withdrawn March 11.
Florido has also cut all funds for witness protection. (NB:
Every public institution is coping with a 30% budget
reduction, part of a government-wide austerity program.)


3. (SBU) The loss of funding for witness protection is
already having an impact. Two witnesses in the murder of
CONAVIGUA's Manuel Garcia refused to testify after rocks were
thrown through their windshield amidst yelled threats as they
traveled to the trial. Without their testimony, the case was
lost. The witnesses in the murder of Padre Chemita also
refused to testify without protection, stalling that case
indefinitely.


4. (SBU) Florido was vocally supportive of Human Rights in
his first meeting with the Ambassador and we do not perceive
these cutbacks as a deliberate attempt to slow the office,s
investigations, but as a response to pressure from the
Executive to scale back spending and a managerial attempt to
address earlier in-house favoritism. However, Florido,s
cutbacks will likely be perceived as a step backwards by the
human rights community. De Lam, who is seven months
pregnant, stated that she would likely resign in August,
after her two months of permitted maternity leave. We will
continue to engage Florido on the work of this office, the
importance of employee and witness protection in effectively
investigating and prosecuting cases, and the selection of a
new Special Attorney for Human Rights if/when De Lam should
leave.


Rosalina Tuyuc to head Presidential Reparations Commission
-------------- --------------


4. (U) After a large protest on agrarian and reparations
issues on March 30, Berger confirmed the nomination of
Rosalina Tuyuc (an established indigenous leader, close to
the URNG, who runs CONAVIGUA, a organization for widows of
the civil conflict) as the leader for the Presidential
Reparations Commission for the Victims of War. The
Commission's principal objective will be to negotiate the
amount and distribution of compensation for surviving family
members of victims in the civil war. Tuyuc's long-awaited
appointment follows a bitter internal struggle between the
two primary human rights coalitions in Guatemala and may
result in further contention during Commission discussions.

CALDH Driver Kidnapped
--------------


5. (SBU) On March 10, a driver from the Center for Legal
Action on Human Rights (CALDH) was kidnapped outside the
organization's building. The driver was beaten and released
after an hour of being questioned by disguised assailants
about the organization. CALDH reported the crime to the
Public Ministry, but no progress has been made on the
investigation. The incident was followed by several
break-ins at other human rights NGOs the same week, provoking
suspicion among human rights defenders that the same
individuals were responsible.

Environmentalist Threatened
--------------


6. (U) Eloda Mejia, a leading environmentalist whose
organization, Amigo de Izabal, works with indigenous
villagers in El Estor, Izabal, has received an escalating
number of death threats in the last two months. On February
21, Mejia organized a public forum on the environmental
effects of nickel mining, a prominent industry in the area.
The mayor of the town (who is allegedly determined to protect
the mining company's interests) planned a large protest of
the forum, during which threats were made against Mejia's
life. De Lam, Special Prosecutor for Human Rights, noted
that the Public Ministry did not have the resources to travel
to Izabal for an investigation. However, Mejia reportedly is
being accompanied by an American from the Peace Brigades.
HAMILTON