GUATEMALA: GUIDANCE ON CICIG RESOLUTION

UNCLAS STATE 119308 SIPDIS E.O. 12958: N/A TAGS: UNGA PREL PHUM GT SUBJECT: GUATEMALA: GUIDANCE ON CICIG RESOLUTION ¶1. The Department requests that USUN co-sponsor the resolution on the International Commission Against Impunity in Guatemala (para 3),scheduled for consideration by the UN General Assembly on Monday, November 10, and to deliver the following Explanation of Vote (EoV). ¶2. Begin text of EoV -- Mr. President: -- The United States is co-sponsoring this resolution to express its support for the International Commission Against Impunity in Guatemala as it continues to implement its mandate to assist the Government of Guatemala in promoting the rule of law and ensuring justice and security for the Guatemalan people. -- Over the past year, the Commission and the Government of Guatemala have directly confronted the challenge of strengthening Guatemalan institutions responsible for investigating and prosecuting crime, and for ensuring transparent and impartial legal processes. The strengthening of these institutions will enable Guatemala to protect the fundamental human rights of all its citizens. While much work remains to be done, notable progress has been made, and will continue. -- The United States commends this effort, and will continue to offer its strongest support for all actors committed to promoting peace and upholding the rule of law in Guatemala. End text. ¶3. Begin resolution text The General Assembly, Recalling its relevant resolutions on the situation in Central America, and particularly resolution 58/239, Recalling further paragraph 16 of said resolution, through which the General Assembly took note with satisfaction of the intention of the Government of Guatemala to establish a Commission for the Investigation of Illegal Groups and Clandestine Security Apparatuses, and urged the Secretary-General to support that initiative with a view to its prompt implementation, Apprised by the Secretary-General through his periodic reports of the ensuing protracted negotiations to define the nature and characteristics of the aforementioned Commission in order to comply with both the United Nations' and the Government of Guatemala's norms and policies, the latter including the need for parliamentary ratification, Bearing in mind that an agreement to establish the re-named International Commission against Impunity in Guatemala (CICIG) was, in fact, adopted between the United Nations and the Government of Guatemala on 12 December, 2006, and that it was approved by the Guatemalan Congress on 1 August, 2007, entering into force on 1 September, 2007, Aware that the Secretary-General of the United Nations, in accordance with the provisions contained in the Agreement, proceeded to appoint its Commissioner in September of 2007, and that after an organizational period of three months, the Commission began implementing its mandate in accordance with Guatemalan law and the provisions of its founding Agreement, to support, strengthen and assist institutions of the State of Guatemala responsible for investigating and prosecuting crimes that compromise fundamental human rights of its citizens and the Rule of Law, Bearing in mind that the Commission has carried out its activities through voluntary contributions of Member States and other donors from the international community and that the Government of Guatemala has provided additional budgetary allotments to state institutions to support their work in collaboration with the Commission, Convinced that pursuant to article 55 and 56 of its Charter, the United Nations promotes respect for human rights and fundamental freedoms for all and Member States pledge themselves to take action in cooperation with the Organization for the achievement of that purpose, ¶1. Takes note of the letter sent by the Secretary-General to the President of the General Assembly on the establishment, current state and activities of the International Commission against Impunity in Guatemala (CICIG) and the role that the United Nations has played in its implementation; ¶2. Commends the Government of Guatemala for its commitment to combat impunity and strive to strengthen the institutions that buttress the rule of law and the defense of human rights; ¶3. Expresses its appreciation to those Member States and other donors that have supported the International Commission against Impunity in Guatemala, through voluntary contributions, financial and in kind; ¶4. Also expresses its appreciation to the Secretary-General for providing effective and efficient assistance to the Commission, and further calls upon him to continue doing so, in order that the Commission can successfully carry out its mandate; ¶5. Requests the Secretary-General to report back to the General Assembly during its 64th session on the work of the Commission;. End text. RICE