Human Rights Defenders Report: NP’s partner organisation La Unidad released its preliminary report on the first 6 months of 2007. The report indicates that attacks on human rights defenders continue to go down from a high in January. However, as compared with 2006 the numbers are somewhat higher. By the end of June of 2007 there had been 136 attacks. By this time in 2006 there were 121. La Unidad categorizes human rights activists as economic, social, community activists, as civil/political, and as other. Those in the first category have been the hardest hit. Most of the attacks are telephone or email threats, but there have been four assassinations of human rights activists since the beginning of the year. By far the majority of the attacks occur in the Guatemala City metropolitan area.
The International Commission Against Impunity in Guatemala (CICIG): Human Rights defenders have for years been promoting a law that would shine some light on the clandestine armed groups that operate with impunity. In 2004, the Guatemalan Government established an agreement with the United Nations that would help address the weaknesses in the system that have allowed organized crime, drug traffickers and corruption to infiltrate state agencies. The original version in 2006 was declared unconstitutional by the Constitutional Court of Guatemala. A new agreement was signed in December 2006, which was meant to correct the problems. It is considered much weaker, yet it has still had a very difficult journey through the Congressional process. Supporters have limited expectations, but believe that if this can’t pass it will be difficult to make progress in the fight against impunity.
The CICIG, according to the proposed law, will not investigate crimes against humanity during the years of armed conflict. Politicians such as Congressmen, political party leaders, or candidates for public office will be immune from investigation. It will, however, bring to light the identities of the illegal groups and parallel structures, their sources of financing and their ties with agents within the government. It will work with the government to undertake investigations, dismantle the groups, and move forward legal sanctions for the crimes they have committed. The inquiries, under the consultation of international consultants, experts in criminal investigations of this type, will focus on the national police, the immigration service and the penal system.
There has been significant international pressure on the government to pass this law. Implementation will depend on voluntary international funding. The U.S. has weighed in with an offer of $3 million to encourage passage. U.S. Senator Leahy threatened to work to maintain the U.S. arms embargo if it’s not approved. The European Union has passed resolutions and applied pressure. The Guatemalan press has provided continuous coverage of the process, quoted many human rights activists and allowed significant editorial space on the subject. In spite of this pressure, the CICIG has faltered numerous times.
Undoubtedly the protection of immunity for politicians, which is guaranteed in the law, has helped with passage. In addition, the internal pressure of human rights activists, a few courageous and untainted government officials, and the press, combined with the international pressure from the U.N., the European Union, the U.S. and the Organization of American States, has helped overcome the inertia. The pressure that has been building over the years is finally arriving at the point where it can be a political embarrassment NOT to support the CICIG; a virtual confession of ones association with criminal elements. Major political parties, although highly suspect for their links with organized crime, have still taken a public stand in favor of CICIG.
Notwithstanding these pressures, opposition from the party of Rios Montt (FRG) has remained steady. It challenged the Constitutional Court’s decision to allow this second version to be sent to Congress and has managed to use procedural maneuvers to block its progress.
For the government to acknowledge infiltration by organized crime is a delicate process, even more so to accept the need and responsibility to act to eliminate this infiltration. Though the illegal entities are referred to as “parallel structures”, they obviously influence the functions of government at many levels. Many of the bodies and actual persons involved in organized crime are known. The challenge is for government leaders, some of whom are subject to the influence of these elements, to demonstrate the will, leadership, and courage to purge persons who operate without scruples.
August 1 up-date: To the surprise of almost everyone, the law to create the CICIG was passed in the Guatemalan Congress on August 1. One press report called it a “perfect storm”; a rare occurrence in which the conditions came together at the last minute to take the vote count to exactly the number required for passage.
This is a major breakthrough, but it is only a first step, which must be followed by additional laws including funding for certain Guatemalan agencies that will be part of the investigations. Human rights activists are jubilant about the passage of CICIG, but are clear that it’s not a panacea.
Electoral Violence: Thus far in 2007, the number of assassinations of politicians and party activists has risen to 38. (There were 29 in the entire last election year, 2003.) Hardest hit has been the party of the front runner, Alvaro Colóm of the National Unit of Hope, which has lost 17 politicians and leaders including two Deputies of Congress. This aggression may not necessarily be coming from rival parties, however. According to a report by the Central American Institute of Political Studies (Incep), operatives of organized crime have infiltrated the parties at the highest levels and they have little tolerance for those who do not support their interests. The assassinations may originate from within in order to make space for others of their choosing.
Organized Crime and Trafficking in Human Beings: Guatemala is one of the easiest places in the world for adopting children, partly because there are serious problems with the process. Credible reports of abuses, including the kidnapping of children, have led to pressure from the U.N. to halt the adoptions until controls can be instituted, including the prohibition of high fees for adoptions. Abductions of children and one highly publicized case of the murder of a nine-year old girl have fueled outrage and violence in some rural communities. Mobs of vigilantes have lynched suspected child kidnappers. Some violence has been directed at police agents and government officials in the belief that they are complicit with those who traffic in human beings.
The work of the team
Evaluation and Widening of Mandate: In June the team, together with Rapid Response Coordinator David Hartsough, conducted an evaluation with the staff of La Unidad using unstructured interviews. A summary of this has been circulated in English and Spanish. The evaluation, which was very positive about our accompaniment, helped the team get a clearer perspective on our role as accompaniers, on the security risk as it is perceived by the staff, and on their expectations for us in case of an emergency. Especially appreciated by La Unidad was the accompaniment to take testimonies, attend meetings in town, and when traveling outside the city. The evaluation also mentioned feeling some concern about the underutilization of the volunteers during the hours when they work in the office.
This process also propelled the team to undertake our own risk analysis and consider the use of our volunteers. We did not want to reduce the size of the team at this time due to the possibility that threats against La Unidad could increase calling for more intensive accompaniment. In July, we addressed the IGC Executive Committee with a request to widen the mandate and allow the team to accompany other groups on a short term basis with the understanding that it be made clear we are not available for long term commitments. This proposal was approved with a caution to avoid any accompaniment relationship that might create a dependency.
That La Unidad is in a much better security position, we believe is cause for celebration. We are extremely grateful for this current situation as this is what we all hoped for, fundraised for, and responded rapidly for. Nevertheless, we will remain vigilant for any changes in the situation.
The team has communicated to the other accompaniment groups that we have some flexibility for short term service if they want to make referrals. In August the team will consider requests for limited accompaniment assistance with other groups.
Travel: The community of Los Cimientos (reported on in June) and their supporters continue to look for options to resolve the situation of insecurity and intimidation that caused them to flee their homes in May. NP has accompanied La Unidad to coordination meetings with other organizations and agencies supporting a safe return and also traveled to the village with La Unidad staff and directors of the Human Rights Ombudsman’s office. There they interviewed villagers and examined some of the abandoned homes. Negotiations continue with government authorities about how to secure the safe return and livelihood of the 40 displaced families.
Unidad worker Claudia Samayoa is delivering a series of workshops to help other organizations develop their own risk analysis. In addition to workshops in and near the capital, this has taken her and NP volunteers to the distance city of Huehuetenango and the departmental capital of Coban.
Public Relations: Project Director Betsy Crites attended the meeting of the Human Rights Commission of the Forum of International Non-Governmental Organizations to which NP has been invited as a participating member. The commission is organizing a seminar on human rights, indigenous rights, women’s rights and the press within the electoral context. She also attended a day-long conference organized by Network in Solidarity with the People of Guatemala and gave presentation about the work of NP internationally and in Guatemala.
Report written by Betsy Crites (Project Director) and Christine Schweitzer (Programme Director)