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