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The Future for Reform in Guatemala
The sweeping victory of Guatemala's FRG (Guatemala Republican
Front) party in the December elections aroused fears in human
rights observers in Guatemala and abroad. Alfonso Portillo,
the FRG presidential candidate, won the run-off elections with
41 percent of the vote. Former dictator and FRG leader Efrain
Rios Montt assumed the presidency of Congress, with the FRG
controlling the majority of congressional seats. The FRG also
gained control of nearly half of the local mayorships.
The FRG ruled the country in the 1980s, at the height of the
scorched earth campaign, in which hundreds of villages were
completely wiped off the map. Thousands of people were killed
or orphaned, and hundreds of thousands fled the country or were
internally displaced. The high level of violence tore apart
the social fabric of the countryside. International concern
has focused on the fact that many of the newly elected officials
and their appointees have links to the military and paramilitary
groups that acted with impunity during the 1980s.
However, the situation since president Portillo's inauguration
in January has proven more complex than expected. Portillo delivered
a surprising inauguration speech in which he promised to implement
important reforms. He emphasized military reform, especially
the need for a civilian defense minister. He also stressed the
importance of justice reform in the ongoing effort to put an
end to impunity and corruption. Finally, he reiterated his commitment
to comply with the Peace Accords and the recommendations of
the Historical Clarification Commission (CEH) and the Recovery
of Historical Memory (REMHI) Project of the Archdiocese of Guatemala.
His decision to name progressive leaders to key positions seemed
to indicate that he was serious about undertaking the necessary
reforms.
However, it remains unclear whether his early words and actions
represent an attempt to polish his international image rather
than a move toward genuine change. It is also unclear to what
extent he will be able to carry out reforms given strong opposition
from the army and within his own political party. It is clear,
however, that international pressure will be vital to ensure
that President Portillo's initial promises do not simply fall
the wayside.
Military Reform
In January, president Portillo stated, "The army has to
understand that it has done much damage by carrying out activities
that are outside of its functions…As laid out in the Peace
Accords, the Guatemalan Army must be subordinated to civilian
power. Am I going to succeed? It would be very ambitious to
claim this, but I am going to do everything possible to succeed."
Some fundamental military reforms laid out in the Peace Accords
include the disbanding of the Presidential General Staff, and
the appointment of a civilian minister of defense. Yet in spite
of President Portillo's promises, to date, these and other conditions
have not been met.
In his inauguration speech, President Portillo indicated that
his administration would move forward on disbanding the Presidential
General Staff (EMP). The EMP participated directly in human
rights violations, such as the Myrna Mack assassination, and
it appears to be linked to other violations such as the disappearance
of Juan Joe Canberra ("Mincho") and the assassination
of Bishop Juan Gerardi. The EMP's functions have ranged from
providing presidential security to intelligence gathering to
planning and carrying out selective assassinations and other
illicit operations.
From a human rights perspective, the EMP should be disbanded
and replaced with a civilian presidential security unit and
a transparent civilian law enforcement agency to track organized
crime. President Portillo has named a civilian committee to
oversee this process, but, given the likelihood of strong resistance
from the military, it is important for the international community
to pressure for effective oversight and follow-through. It is
also significant that the Peace Accords call for a civilian
minister of defense as a way to more firmly subordinate the
military to civilian control. Given the failure of the constitutional
reform package in May 1999, the necessary constitutional changes
have not taken place to allow a civilian to assume that post.
In January, the FRG submitted proposed reforms that would permit
a civilian to be assimilated into the army and then named minister
of defense. Guatemalan human rights groups object that this
proposal loses sight of the civilian character of the position.
Putting an end to Impunity
Shortly after Portillo assumed the presidency, police arrested
two top military officers in connection with the assassination
of Guatemalan Bishop Gerardi. Most international observers applauded
that move, believing that the Gerardi case is an important test
of Guatemala's commitment to ending impunity. However, it is
not clear to what extent the officers will actually be prosecuted;
in fact, the prosecution has recently shifted its focus away
from the military. Furthermore, other major cases such as the
Xaman massacre and the assassination of Myrna Mack remain pending,
and there continue to be on-going human violations.
Clearly, much work remains to bring both the major and the
lesser-known human rights cases to justice. On Feb. 25, 1999,
the Historical Clarification Commission released its report
on human rights violations during the armed conflicts. The report
concluded that state forces were responsible for 93 percent
of the violations, and it recommended the formation of a commission
to investigate the conduct of members of the army and other
bodies during the armed conflict. The report also recommended
that the state provide information on the fate of those who
were 'disappeared' during the armed conflict. To date, the government
has failed to implement these recommendations and has not even
established a commission to begin compliance.
Many human rights activists have also argued that it is not
enough for the Guatemalan government to investigate past abuses.
It must also take action to ensure that such crimes do not occur
in the future. Currently, the widespread corruption and inefficiency
of the judicial system mean that both human rights abuses and
common crime go unpunished. Thus, it is critical that the Guatemalan
government take steps to reform and strengthen the judicial
system so that those crimes can be adequately prosecuted in
the future. This is one area where international attention can
have a significant positive effect in helping to end impunity.
Congressional Action
Several members of the U.S. Congress have taken action to make
sure that President Portillo keeps his promises of military
and judicial reform. Congresswoman Connie Morella (R-Md.) has
circulated a sign-on letter calling on President Portillo to
maintain his stated commitment to end impunity, to prosecute
major human rights cases, to implement military reforms such
as disbanding the EMP, and to comply with the recommendations
of the CEH and REHMI reports.
This year Congress will once again debate the issue of military
aid to Guatemala, with a final vote likely in July. Most of
the discussion will occur in the Foreign Operations Subcommittee
of the Appropriations Committee. Congress originally cut off
direct military aid in 1990 because of the Guatemalan military's
brutal record of killing civilians, and it has renewed the ban
every year since. Of particular concern to Congress was the
army's senseless killing of Michael Devine, an U.S. citizen
living in Guatemala.
It is significant that, although Congress has opposed military
aid, the Clinton administration has repeatedly lobbied for its
reinstatement. In March 1999, during a visit to Guatemala, President
Clinton apologized for the U.S. role in human rights abuses
during Guatemala's civil war, yet his administration has continued
to request a renewal of aid. It is important that U.S. citizens
call on him to turn his apologies into concrete actions that
will prevent such abuses from occurring in the future.
Written by Heather Dean of the Guatemala Accompaniment Project.
Congressional Letter to Guatemalan President Portillo
Dear President Portillo:
We are writing to extend our cordial greetings during the first
months of your new administration. We would also like to take
this opportunity to applaud many of your initial actions as
president and to urge you to continue pushing for change in
several critical areas.
We are very encouraged by the points outlined in your "Pact
of emphasis on justice reform and demilitarization, as well
as your commitment to end corruption and impunity and to carry
out the recommendations of the Historical Clarification Commission
and the Recovery of Historical Memory project of the Archdiocese
of Guatemala. Regarding the issue of justice reform, we hope
that you will review and closely follow the recommendations
made by the Commission to Strengthen Justice. We believe that
all of these elements will strengthen justice and rule of law
in Guatemala.
We are also pleased by your stated commitment to increasing
citizen participation in decision-making as a fundamental element
of democracy. We hope that you will continue to consult broadly
with sectors of civil society and that you will implement the
consensus proposals of the Joint Commissions that were created
under the peace accords to increase citizen participation in
decision-making.
With regard to security issues, we congratulate your intent
to reform the military law to allow to civilian to hold the
post of Defense Minister, while recognizing that additional
measures will be needed to reform the constitution and build
a strong civilian ministry. We are also encouraged by your commitment
to replace the military's presidential staff (EMP) with civilian
administrative and analytical secretariats. We hope that your
administration will take all necessary measures to strengthen
the civilian criminal justice system and to strengthen its control
over members of the Guatemalan security forces, and will consult
broadly with members of civil society, including human rights
groups, as you draft new legislation and regulations.
We would also like to commend you for your initial actions
in the investigation and prosecution of the murder of Bishop
Gerardi. The U.S. Congress has followed this case closely, and
we are anxious to see all those responsible brought to justice.
The successful prosecution of this case is an important test
of Guatemala's commitment to impunity, and we hope that you
will continue to pursue not only all those responsible for Bishop's
murder, but also those involved in other major human rights
cases such as the Xaman massacre and the assassination of Myrna
Mack. We also ask that you show your commitment to ending impunity
by bringing to justice those responsible for the on-going intimidation
and threats against SITRABI union members.
Again, we extend our best wishes for you in the presidency,
and we look forward to continued communication on the steps
that you have to take to strengthen democracy, human rights,
and the rule of law in Guatemala.
Signed-Constance Morella M.C., Tom Lantos M.C., John Porter
M.C., Joseph Makley, M.C., Tom Campbell M.C.
Suggested Action
- Urge your representative to maintain the ban on military
aid to Guatemala due to lack of compliance with structural
reforms in the peace accords. It is particularly important
to contact members of the foreign operations subcommittee:
Callahan (R-Ala.), Porter (R-Ill.), Wolf (R-Va.), Packard
(R-Calif.), Knollenberg (R-Mich.), Kingston (R-Ga.), Lewis
(R-Calif.), Pelosi (D-Calif.), Lowey (D-N.Y.), Jackson (D-IL),
Kilpatrick (D-Mich.), Sabo (D-Minn.).
- Urge your senators to maintain the ban on military training
to Guatemala. This is especially important if they are on
the foreign operations subcommittee: McConnell (R-Ky.), Specter
(R-Pa.), Gregg (R-N.H.), Shelby (R-Ala.), Bennett (R-Utah),
Campbell (R-Colo.), Bond (R-Mo.), Leahy (D-Vt.), Inouye (d-Hawaii),
Lautenberg (D-N.J.), Harkin (D-Iowa), Mikulski (D-Md.), Murray
(D-Wash.).
- Write to Secretary of State Madeleine Albright asking why
the administration has requested a lifting of the ban on military
aid to Guatemala despite lack of military reform. Urge the
State Department to use vigorous diplomacy in support of full
implementation of the peace accords.
Addresses
Secretary of State Madeleine Albright
The State Department
2201 C Street NW
Washington, DC 20520
The Honorable_________
U.S. Senate
Washington DC 20510
The Honorable________
U.S. House of Representatives
Washington DC 20515
Capitol Switchboard: 202-224-3121
General Assembly
The 211th general Assembly (1999) noted that Guatemala still
score high on a Corruption Perception Index and had failed to
pass legislation to implement the 1996 Peace Accords. In 1998,
the 209th General Assembly acknowledged the peace accords, which
came after "thirty-six years of civil war that caused more
than 100,000 people to lose their lives; 40,000 to become 'disappeared';
and a million to be driven from their homes or into exile."
Considering this record, as far back as 1983, the general Assembly
of the PC (USA) called for an embargo "on the shipment
of military and support equipment" to Guatemala. It also
"called on the U.s. to safeguard the lives of displaced
persons and indigenous peoples of the region."
For more information
Guatemala Accompaniment Project
1830 Connecticut Avenue, NW
Washington, DC 20009
Tel: (202) 265-8713
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