GUATEMALAN ANTI-CAFTA DEMONSTRATORS INCITE

UNCLAS SECTION 01 OF 03 GUATEMALA 000699

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM ETRD ASEC ELAB SNAR MASS EAID GT
SUBJECT: GUATEMALAN ANTI-CAFTA DEMONSTRATORS INCITE
VIOLENCE, VANDALISM



1. Summary. Having failed to head off congressional
approval of CAFTA through democratic means, a small group of
Guatemala's CAFTA opponents sought to tarnish the agreement
by staging violent protests over the last week. From March
8-14, demonstrators turned out mostly in the capital, where
they threw rocks, set small fires, blocked roads, and
destroyed property. Injuries were minor, there were fewer
than two dozen arrests, and (contrary to some allegations) no
"disappearances." Although police generally showed
restraint, some demonstrators claimed they were the victims
of excessive force. Demonstration organizers did not condemn
the violence. Meanwhile, demonstrations in rural areas
outside the capital also turned violent. On March 15,
gunfire in the remote department of Huehuetenango left one
demonstrator dead and nearly a dozen others injured. Despite
the regrettable casualties, the intensity of the violence of
the anti-CAFTA demonstrators does not reflect public
sentiment toward CAFTA as much as the March 10 congressional
vote (126-12) in its favor. End Summary.

Five Days of Violent Demonstrations in the Capital
-------------- --------------


2. Attempting to disrupt congressional consideration of
CAFTA, relatively small anti-CAFTA groups surrounded Congress
March 8 in what was the first of several days of
intermittently violent demonstrations. Participants included
students of the public University of San Carlos (USAC),
members of the small leftist political party URNG, trade
unions, and peasant and indigenous rights groups. Organizers
claimed their voices had not been heard on CAFTA, and some
insisted CAFTA should be submitted to a national referendum.
In addition to these organized groups, some of which appeared
determined to provoke police retaliation, the demonstrations
were clearly a magnet for non-ideological vandals and thugs.


3. On March 8, a few demonstrators threw rocks, bottles,
water, and manure at Congress representatives trying to enter
or leave the Congress, an act which prompted the civilian
police (PNC) to erect barriers on the streets adjacent to
Congress, effectively barring access to Congress. PNC were
instructed to respond only if demonstrators attempted to
breach those barriers.


4. While demonstrations on March 8-11 were marred by violent
clashes between demonstrators and PNC, there were relatively
few injuries, little property damage, and only one confirmed
arrest. Violence intensified, however, in the wake of
CAFTA's March 10 approval by an overwhelming (126-12) margin
of victory in Congress. On March 14, after a weekend break,
demonstrators resumed with the largest turnout and most
militant demonstrators. While some demonstrators remained
peacefully in the central square, others fanned out across
the city, shifting their focus from Congress and toward the
Presidential Palace, the Ministry of Defense, and the U.S.
Embassy. There were no organized demonstrations in the
capital on March 15; on the morning of March 16 demonstrators
returned in much smaller numbers and without incident.

Road Blocks in the Provinces
--------------


5. In addition to the demonstrations in the capital, on
March 14 and 15 anti-CAFTA groups organized at least 15 road
blocks on highways throughout Guatemala. Most disbanded
peacefully within a few hours. However, in a few isolated
incidents, there was gunfire. Reports vary; however, at this
time it appears possible that at least one demonstrator was
killed and as many as eight others injured by bullet wounds
in the rural department of Huehuetenango. It remains unclear
who instigated the shooting and whether demonstrators were
shot by PNC or hit by stray bullets fired from within their
own ranks. The PNC stated it would send investigators from
the Office of Professional Responsibility (ORP) to determine
who fired the first shots and whether the lethal shot was
fired by police. On March 16, violence erupted in Quiche,
where PNC used tear gas against demonstrators. A reporter,
accused of being undercover police, was severely beaten by
crowds before being rescued by PNC. As of COB March 16, the
Embassy was unable to get from the PNC or the Army their
accounting of events in Huehuetenango.

Allegations of excessive force by Military and PNC
-------------- --------------


6. Press photos and video of events in the capital between
March 8 and 14 show the PNC armed only with batons and
plastic barriers under assault by demonstrators setting
fires, hurling rocks and bottles, and wielding long sticks,
identical in length and shape. The sticks, which could not
have been found in the street, belied organizers' claims that
their intentions were merely to protest peacefully. Many
eyewitness accounts assert that certain protesters arrived at
the demonstrations carrying backpacks filled with stones, or
worse, carrying "Molotov cocktails," and that they
deliberately sought to provoke a violent, repressive reaction
from the PNC. Other acts of aggression included setting fire
to protective plastic barriers, hijacking and destruction of
city buses, and random destruction of private property. Many
wore ski masks to hide their identities.


7. In one of the ugliest scenes caught by television
cameras, demonstrators moved from the U.S. Embassy to the
Ministry of Defense, where they cornered six soldiers who
attempted to hide behind their plastic shields while
demonstrators pelted them with bricks. Two were injured.


8. Most sources agree that the PNC acted with admirable
restraint under the circumstances. Newspapers reported that
tear gas and water cannons were used against protesters, but
not until protesters assaulted police with fire, bottles, and
bricks. Some witnesses claimed that the PNC reacted with too
much force and, in certain specific cases, severely beat
demonstrators. In one such case, we have confirmed that the
alleged victim was brandishing a machete and was further
found in possession of a knife and fragmentation grenade. He
was taken to hospital in police custody, but no broken bones
or other injuries were found.


9. Embassy contacted several prominent human rights
organizations for comment, including the Guatemalan
Commissioner for Human Rights, the office of the Human Rights
Ombudsman (PDH),the Center for Human Rights Legal Action
(CALDH),the Mutual Support Group (GAM),the Constitution
Defense Center (CEDECON),and the Archbishop's Office for
Human Rights (ODHAG). Generally, these groups could summon
no more than mild disapproval of police actions. For
example, several complained that the PNC violated
demonstrators' rights by prohibiting them from entering
Congress. None could cite specific examples of excessive
force by the police. In a conversation with the Ambassador,
the Presidential Commissioner for Human Rights, Frank La Rue,
commented that he believed the PNC had reacted appropriately.


10. Leading daily Prensa Libre reported that a photographer
was attacked by police to prevent his photographing police
abuses but did not elaborate. Newspapers have detailed
accounts of aggressive tactics employed by protesters against
the PNC. Weekend editorials in three leading newspapers
condemned the violent attempt to intimidate and disrupt the
work of Congress, noted that the demonstrations infringed on
the rights of others, and called on the police to maintain
law and order. As a rule, these same newspapers are quick to
criticize any instances of police brutality or use of
excessive force.


11. None of our sources report any military involvement in
the capital. The military was deployed in some locations
outside the capital, with instructions to support police.
There is no evidence at this time that the military engaged
demonstrators.

Property Damage, Injuries, Arrests
--------------


12. Many shops and vendors in the conflictive zones, fearing
violence and vandalism, remained closed throughout most of
the demonstrations, and many area schools were closed as
well. On March 9, demonstrators hijacked and burned a bus.
A car was also partially damaged by straying projectiles. On
March 14, two more buses were hijacked, possibly with the
intention of running them without drivers through the police
barriers. Instead, both veered off the road and crashed into
downtown buildings. The press also reports that patrons of a
Pollo Campero restaurant were held hostage in the restaurant
while a splinter group destroyed the restaurant facade.
Diners were later rescued by emergency workers and the
vandals disbanded by the PNC.


13. From March 8-11, we confirmed only one arrest and heard
unconfirmed rumors of a second. On March 14, 16 arrests were
made in the capital.


14. Reports of injuries vary; however, it appears that
between 40 and 50 individuals have been injured, which
includes both PNC and demonstrators. At least one
demonstrator was killed (see paragraph 5).


15. There are no credible reports of "disappearances" of
protesters during or after the demonstrations. Early on, a
number of demonstrators, including a full busload from one
town in the Peten, were reported missing. As it turned out,
those individuals were simply delayed in returning home,
provoking unfounded allegations of "disappearances."
Demonstration organizers with whom we spoke March 11
confirmed their members were accounted for and unhurt. The
PDH filed habeas corpus motions for two missing observers,
but they were neither to be found in police custody nor at
any hospital (nor did demonstrators report that the two
missing individuals were seen being taken into custody). We
suspect that, as in the case of the busload from Peten, their
"disappearance" was a matter of miscommunication.

Who's to Blame for the Violence?
--------------


16. Some leaders of labor, peasant, and indigenous groups
sought to distance themselves from the more violent
demonstrators, primarily USAC students and members of the
URNG.


17. Demonstration organizers accepted no responsibility for
the violence, either blaming the PNC for inciting it, or
blaming unknown infiltrators in their ranks. However, none
have publicly called on protesters to end the violence.
Instead they have justified it as a "natural expression" of
unhappiness with CAFTA. The URNG issued a statement in which
it denounced the "repression against the people of Guatemala
by the government of Oscar Berger... in response to a
peaceful demonstration."

18. President Berger made several public statements in
support of PNC actions, in which he affirmed the right of
citizens to demonstrate but not to incite violence, damage
property, or impede the movement of other people.

Stein Attempted Conciliation with Demonstration Organizers
-------------- --------------


19. Late March 14, in an attempt to end the violence, Vice
President Stein and Minister of Government Vielmann met with
six demonstration organizers in the office of the Human
Rights Ombudsman, which may account for the next day's
absence of demonstrators in the capital. Cardenal Quezada
Toruno was also present. Another meeting was held March 15
and, by all accounts, both sides left unsatisfied.
Demonstration leaders promised more protests if their demands
were not met. The vice president, who originally took a
conciliatory stance, has since stated that organizers'
demands leave little room for dialog.

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


20. Having failed to muster large numbers of protesters for
peaceful demonstrations, some CAFTA opponents sought to use
violence to mislead people -- particularly outside Guatemala
-- about the extent of opposition to the trade pact.
Although there is much anxiety in some sectors about CAFTA,
polls indicate most Guatemalans support CAFTA, a view
reflected in the congressional vote of 126-12 in its favor.
End Comment.
HAMILTON