Human Rights

SUPPORTING HUMAN RIGHTS AND DEMOCRACY: THE U.S. RECORD 2004-2005

GUATEMALA

March 28, 2005

The Government of Guatemala generally respected the rights of its citizens; however, very serious problems remain. State institutions charged with enforcing the rule of law remained weak. Police brutality and prison conditions were concerns. Arbitrary arrest and lengthy pretrial detentions were problems. Intimidation and corruption of judges and other law enforcement officials was widespread. Threats against non-governmental organizations (NGOs) and human rights workers by unidentified persons remained approximately the same as the previous year. The Berger Administration took significant steps to downsize and reform the military. There was progress investigating official corruption and efforts to reform the judiciary continued. Impunity for offenses of criminal violence was pervasive.

The U.S. human rights and democracy strategy is targeted toward encouraging and supporting the Government's efforts to strengthen democratic institutions, improve the rule of law and transparency and supporting key human rights initiatives.

In an effort to strengthen democratic gains made over the last decade, the United States provided political party development training to parties across the political spectrum. Assistance focused on identifying root causes of political party weakness and promoting party reform, internal democratization and accountability mechanisms designed to modernize parties and encourage constituent outreach. Using USAID’s decentralization and local governance program, the United States worked to strengthen national policies that promote decentralization (e.g. Municipal Tax Code) and at the local level, in targeted geographic areas, to improve resource generation, management efficiency and transparency, responsiveness to citizen needs and citizen participation in determining local priorities.

In September 2004, the United States initiated a new program focused on strengthening the rule of law, which builds on past justice reform efforts to improve the transparency and efficiency of criminal judicial processes, implementing crime prevention programs, increasing the use of alternative dispute resolutions and developing stronger leadership and support for justice reform in Guatemala. To address profound problems in the country's judicial system, the United States funded the expansion of a network of Justice Centers to improve access to justice and modernize the justice sector by implementing administrative reforms to improve judicial operations.

In coordination with the Villa Nueva Justice Center, located in a suburb of the capital, the United States funded intensive training of the police, especially focused on the problem of combating the frightening gang violence that plagues much of Central America. The United States provided material support to the Guatemalan Public Ministry's Office of the Special Prosecutor for Crimes Against Human Rights Workers. To support investigation of police officers implicated in crime or corruption, the United States provided training and material support to the National Civil Police's Office of Professional Responsibility, the equivalent of an Inspector General. United States assistance also supported a crime prevention coalition, which opened a self-help and training center for disadvantaged youth on the grounds of a former presidential retreat facility.

President Bush, then Secretary of State Powell, then-Undersecretaries Bolton and Grossman, and Undersecretaries Dobriansky, and Assistant Secretary Noriega, Deputy Assistant Secretary Fisk and others raised human rights concerns during meetings with President Oscar Berger, Vice President Eduardo Stein, Members of Congress and other high-level Guatemalan officials. The Embassy expressed interest in key cases to authorities investigating human rights abuses during the year. Authorities were generally cooperative and in several cases shifted resources to investigate cases of particular concern. Ambassador Hamilton frequently met with human rights leaders and publicly expressed U.S. support for their work by hosting a reception in honor of the Guatemalan human rights community. The Ambassador has advocated for numerous human rights initiatives with the Government, including the establishment of a local UN Office of the High Commissioner for Human Rights, the UN Commission to Investigate Clandestine Groups proposed by civil society, stronger legislation for prosecution of traffickers in persons (TIP) and improved labor legislation. The Embassy continued to urge the Government to investigate threats against human rights defenders, journalist, and justice workers and to provide protection to the victims when warranted and feasible. Through the International Visitors Program, the Embassy sponsored trips focused on human rights and free press for civil society leaders, giving them the opportunity to interact with parallel organizations in the United States and interchange experiences.

The United States completed a three-year human rights program in September 2004. Through this project, the United States supported grassroots human rights efforts, including through the training of local human rights promoters, media campaigns and targeted support for the Office of the Human Rights Ombudsman (limited training and equipment). The project also supported the Human Rights Movement, a coalition of human rights NGOs. The program has improved awareness and increased demand for training and knowledge about human rights laws and treaties, especially regarding the indigenous population, women and children. Grantees disseminated information about the civil conflict to over 44,000 persons. The program and its counterparts influenced the creation of a National Reparations Program and Commission. Rosalina Tuyuc, one program counterpart, was chosen by the president to lead the Commission and several others are members.

President Berger appointed Frank LaRue, a key leader in the human rights movement, to direct the Presidential Human Rights Commission in January 2004. It is encouraging that civil society has blossomed in Guatemala since 1996 and is now a major contributor to the new Government's human rights policies.

Since 1999, the United States has funded the exhumation of mass graves from Guatemala’s internal conflict, providing closure for families and religious burials for thousands of victims. Forensic scientists have exhumed more than 2,857 remains from more than 321 sites since exhumations began in 1992. During the year, forensic scientists exhumed 433 remains from 71 different sites. The project also offers mental health services in connection with the exhumations.

The United States funded negotiations between civil society and the Government to create a National Reparations Plan, which was established to compensate victims of the civil conflict. In March 2004, the United States announced that it would support a program to provide systematic advocacy and pressure for legal follow-up on human rights abuse cases from the civil conflict. The project will also develop restorative justice processes and alternative dispute resolution at the local level.

The United States provided assistance to the UN Development Program that supports civilian-military relations by strengthening the capacity of civil institutions to understand and engage in dialogue on security and intelligence issues. The work of a preparatory commission funded by the United States led to the installation of a civilian Security Advisory Council to the president in June 2004.

The United States began an initiative to resolve land conflicts through mediation. These conflicts have, led to government evictions of squatters occupying plantations and, on one occasion, violence.

The United States supported the Presidential Commission against Racism and Discrimination against Indigenous Groups and the appointment of a National Indigenous Assembly. The United States participated in a donor dialogue on indigenous issues to prevent duplication of efforts. The United States also sponsored a digital video conference between indigenous leaders in Panama, Guatemala and the United States to discuss obstacles currently facing these populations.

To foster a more professional security force and to reduce human rights abuses, the United States worked with the Defense Ministry to develop a Human Rights Initiative Consensus Agreement with the Army. In December, civil society leaders and the Human Rights Ombudsman's Office worked alongside military officers to design a plan to systematize the military's observance of human rights in civil-military relations, and to establish training and education, human rights doctrine and internal controls to prevent abuses. United States Southern Command Brigadier General Wendell Griffin attended the event to express support for the Guatemalan Defense Department's efforts on these reforms. The United States printed and disseminated copies of the "White Book," the new military code of conduct, which was praised by the UN Verification Mission in Guatemala.

The United States is engaged in two regional projects to strengthen the enforcement of labor standards. The United States has entered the second year of a four-year project to strengthen labor inspectorates in Central America. 2004 marked the inauguration of a second four-year project to promote labor rights education. Among other activities this year, the project supported the creation of a website to disseminate accurate information about labor law. The United States negotiated the U.S.-Central America Free Trade Agreement (CAFTA) with Central American nations, which incorporated labor rights protections. If ratified, the CAFTA will supersede existing labor condition regulations under the Generalized System of Preferences (GSP). An inter-agency U.S. delegation conducted bilateral labor consultations in May. In February 2004, the U.S. Trade Representative held hearings on open GSP labor petitions. In all these exchanges, U.S. officials expressed concern about the need for the Government to fully investigate past violence against trade union leaders, reform its labor justice system and reinstate workers illegally fired for unionizing activities. The Embassy continues to express concern to the Government over the potential for anti-union violence in the maquila sector, where union formation is almost non-existent. In March 2005, the United States committed to finance a labor rights enforcement program for Guatemala and El Salvador.

Guatemala was rated a Tier II country Watch List in the State Department's 2004 Trafficking in Persons Report to Congress. United States officials briefed the Government on the implications of the report and urged the Government to step up its efforts to prevent, prosecute and punish this crime. United States officials also urged Guatemala to implement the Memorandum of Understanding it signed with Mexico to aid victims along the border areas of the two countries. In response, the Government formed an interagency working group, composed of ministries, Congress, the Attorney and Solicitor General's Offices and the judiciary. The Embassy actively participated in this process, to help coordinate these efforts. The Embassy has urged the Government and Members of Congress to stiffen sanctions against traffickers, to which they responded with new legislation passed in February 2005 to expand prosecutorial powers to fight TIP. To support these increased Government efforts, the United States announced several integrated programs to combat TIP. These programs supported efforts by the Special Prosecutor for Crimes Against Women and the Secretary for Social Welfare as well as a 3-year regional project for the development of regional, national and local networks to prevent TIP and protect trafficking victims. The latter project also includes support for the continued development and implementation of improved TIP legislation and a media campaign to increase awareness of the perils of trafficking among vulnerable populations. The United States is scheduled to carry out training workshops for justice workers and the courts on dealing with trafficking victims.

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