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