INTERNATIONAL LABOR DELEGATION CALLS FOR ACTION ON ZAMORA

UNCLAS GUATEMALA 001518 SIPDIS SIPDIS E.O. 12958: N/A TAGS: ELAB PHUM KDEM KCRM SOCI PGOV GT SUBJECT: INTERNATIONAL LABOR DELEGATION CALLS FOR ACTION ON ZAMORA MURDER CASE REF: GUATEMALA 115 ¶1. Summary: In a follow-up visit to Guatemala, an international labor delegation met with government officials and port authorities to press for resolution of the Pedro Zamora murder case (reftel) and greater security for union leaders and protection of labor rights at Puerto Quetzal. During a call on the Ambassador, delegation members shared their concerns over the Zamora case, lack of transparency in the port modernization plan, and threats against port union leaders in the aftermath of the union leader's death. End summary. ¶2. Ambassador and Laboff met July 25 with an international labor delegation during its follow-up visit to Guatemala July 22-26. Ambassador met with the delegation during its first visit in January 2007 shortly after the January 15 murder of port union leader Pedro Zamora. The 25-member delegation included representatives of the International Transport Workers Federation (ITF),International Trade Union Confederation (ITUC),International Longshoremen Workers Union (ILWU),International Brotherhood of Teamsters, the AFL-CIO, Dock Workers Union of Puerto Quetzal (STEPQ),and local federation FESTRAS. ¶3. ITF Secretary General Stuart Howard, head of the delegation, commented that they have encountered difficulties in obtaining information on the investigation of the Zamora case, and that the Congressional Human Rights Committee and the Human Rights Ombudsman's Office also complained that the Attorney General's Office was not sharing information with them. ¶4. The delegation was told that the investigation was ongoing but that there were no results and no reports on the ballistics evidence taken. Howard said he was concerned that the Attorney General's Office might be trying to cover up absence of activity in the investigation. Teamsters representative Tim Beaty explained that there were both bureaucratic and technical reasons for the delay in the ballistics test, and said they were prepared to offer to the Guatemalan government to do the ballistics test. ¶5. STEPQ Secretary General Lazaro Reyes expressed the union's concerns over personal security. In the aftermath of Zamora's murder, he and other STEPQ union leaders have received anonymous threats. While he now has a 24-hour security detail provided by the National Civilian Police, his colleagues do not have any protection and no one has been apprehended in connection with the threats. ¶6. Reyes also expressed concern over the lack of transparency in the modernization of Puerto Quetzal. He said the process, especially with regard to the funding mechanism, has been "very anomalous," with a seeming lack of political will by port management to make the process more transparent. He stressed that the union is not opposed to port modernization itself but to the way in which it is being carried out by the Puerto Quetzal company. ¶7. Reyes asserted that the company's Board of Directors established a trust fund, which would include a portion of the workers' pension funds, to finance construction of the new container terminal without proper congressional authorization, consultation with union representatives, or a thorough feasibility study. In May 2007, Congress suspended the unilaterally established trust fund. ITF Secretary General Howard clarified that the World Bank does not have SIPDIS any direct investment in the port modernization project. ¶8. Ambassador said that Embassy had discussed the Zamora case with senior Guatemalan authorities. While the results of the investigation have not been what we had hoped for, they have not been surprising. He noted that Guatemalan institutions were weak and that in individual cases it is difficult to determine whether the lack of results is due to incompetence, fear, or corruption. Therefore, it is in our interest to make the institutions more effective, using a combination of carrots and sticks. In the case of Zamora, he assured the delegation that Embassy would continue to press the authorities for results and would follow-up on the ballistics issue. ¶9. FESTRAS representative Francisco Mendoza agreed that the State is weak and impunity is widespread, and characterized the Zamora case as "a paradigmatic case," which international pressure has helped spotlight. Regarding the port development plan, he, like union leader Reyes, asserted that they were not opposed to the development of the port, but advocated for open, inclusive dialogue among all stakeholders. ¶10. In closing, Ambassador stressed that the U.S. shares the delegation's goals of promoting justice, human rights, freedom to organize, and freedom from threats. He assured them that Embassy understands their concerns and is working to help strengthen the capacity of government institutions. He noted that the USG is working on advancing approval of CICIG, working very closely with government authorities on creating the unified government crime lab (INACIF),and planning to participate in the opening of the third USAID-funded 24-hour court, which signals a positive development in the judicial system. ¶11. Comment: Six months after the murder of port union leader Pedro Zamora, no arrests have been made, despite Embassy and international pressure on government authorities to resolve the case. Embassy was told only that the investigation is ongoing and that no arrests have been made. This is hardly surprising in a country where lack of prosecutions by the Attorney General's Office is a widely voiced complaint, and lack of protection for witnesses and endemic corruption are serious deterrents to building any case, especially a high-profile murder case.