COSTA RICA: UNIVERSALIZATION OF THE FRAMEWORK

UNCLAS SAN JOSE 000181 SIPDIS SENSITIVE SIPDIS FOR WHA/FO GIOVANNI SNIDLE E.O. 12958: N/A TAGS: PARM PREL MARR MCAP CS SUBJECT: COSTA RICA: UNIVERSALIZATION OF THE FRAMEWORK TREATY ON DEMOCRATIC SECURITY IN CENTRAL AMERICA REF: A. STATE 9539 ¶B. 05 SAN JOSE 1488 ¶1. (SBU) Summary: The MFA told us that the Framework Treaty on Democratic Security in Central America stands no chance of ratification in Costa Rica without substantial modifications. Negotiations on modifying the treaty took place three years ago, and Costa Rica is willing to restart those negotiations this year. The goal of the GOCR would be to clearly delineate and separate police and military functions so that it would not be necessary for Costa Rican authorities, all of whom are civilian, to cooperate with Central American militaries. End summary. ¶2. (SBU) On January 25, Polcouns delivered ref A demarche to Acting MFA Director General Edwin Arias and Deputy Director for Multilateral Affairs Carlos Cordero. He also left a nonpaper. Cordero and Carlos Alvarado of the Ministry of Public Security have been involved in the Framework Treaty on Democratic Security in Central America for many years. ¶3. (SBU) Cordero explained that after the treaty was signed by then-President Figueres, it was sent to the Assembly for ratification. An ad hoc Assembly committee was established to study the treaty and issued a report that took the unusual position of recommending against ratification. The reason for the committee's position, according to Cordero, was that there was too large a "gray area" concerning police functions versus military functions. Cordero noted that the legislators did not want Costa Rican authorities, all of whom are civilian, working with the military of other countries, even in the event of a natural disaster or to enforce environmental or archeological laws. ¶4. (SBU) When there was a change of government and of governing party in 1998, the new government informally polled the new Assembly and determined that "the environment was still not favorable" for treaty ratification. The treaty therefore was not reintroduced. ¶5. (SBU) Three years ago when Costa Rica was president pro tempore of the Central American Integration System (SICA), there were a number of meetings in Costa Rica to modify those provisions of the treaty for which Costa Rica and Panama had expressed reservations. Cordero said that the SICA members made a lot of progress but did not complete the work. Subsequent SICA presidencies had other priorities and abandoned the project. Even Panama decided to focus on trade and security, rather than on the treaty. ¶6. (SBU) Cordero pointed out that Panama again assumed the SICA presidency this month, and Costa Rica assumes the presidency in July. Therefore, he believes, 2006 is an auspicious year to complete the modifications of the treaty. Nonetheless, Cordero said that without clearly delineating and separating police and military functions so that it is unnecessary for Costa Rican authorities to cooperate with foreign militaries, the treaty stands no chance of ratification in Costa Rica. ¶7. (SBU) In responding to the demarche, Cordero and Arias admitted that the treaty had many positive aspects that were deserving of Costa Rica's support. Cordero claimed that even though Costa Rica has not ratified the treaty, it is complying with most of its provisions, including providing inventories of its armaments and cooperating on cross-border automobile theft. He said that the GOCR was an active participant on SICA's Central American Security Commission and its Counternarcotics Committee. ¶8. (SBU) Comment: Any perceived mixing of police and military functions is anathema to Costa Ricans. There will be a new government in Costa Rica in May, but that new government, probably headed by Oscar Arias and Laura Chinchilla (see ref B),likely will be more hostile to the treaty as drafted than the current government is. Embassy believes that the best chance for ratification in Costa Rica lies with renegotiating those articles for which Costa Rica and Panama have expressed reservations. That, we believe, can be done now or in an Arias Administration. LANGDALE