VZCZCXYZ0001
RR RUEHWEB

DE RUEHGT #0937/01 1351630
ZNR UUUUU ZZH
R 151630Z MAY 06
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 9658
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHGV/USMISSION GENEVA 0802
RUCNDT/USMISSION USUN NEW YORK 0079

UNCLAS GUATEMALA 000937 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM EAID PREL GT
SUBJECT: GUATEMALA'S OHCHR FIELD OFFICE 
 
REF: STATE 73948 
 
¶1. Summary:  After only ten months, it is too early to 
evaluate the OHCHR's field activities in Guatemala.  The 
OHCHR is still planning its training efforts for judges and 
its democracy building initiatives in advance of the 2007 
elections.  Nonetheless, OHCHR's staff has demonstrated a 
responsive and positive willingness to use its "good offices" 
to pressure the Government of Guatemala to maintain attention 
on high-priority human rights cases.  The office has a 
positive relationship with relevant executive and legislative 
offices, but is looking to expand its mandate to provide 
technical support on all types of international treaties, not 
just those that concern human rights.  End summary. 
 
OHCHR Guatemala 
--------------- 
¶2. The Office of the High Commissioner for Human Rights 
(OHCHR) commenced operations in Guatemala just seven months 
ago, but thus far has demonstrated remarkable clarity in its 
mission.  The office had the advantage of following upon the 
United Nations Mission for the Verification of Human Rights 
in Guatemala (MINUGUA), which completed its 10-year mandate 
and closed its office in 2004.  The office has a 2006 budget 
of $3,264,000 and employs 15 professional staff plus some 
administrative assistance. 
 
¶3. The OHCHR has a three-year mandate; with an option for an 
additional three years should both the host government and 
the High Commission deem it necessary.  The OHCHR has the 
mandate to advise the Guatemalan state authorities in the 
formulation and application of policies and programs to 
improve the promotion of human rights.  The OHCHR also 
supports human rights educational campaigns and provides 
counsel to civil society and to individuals regarding the use 
of national and international mechanisms to protect their 
human rights. 
 
¶4. A particularly contentious issue in negotiating the 
establishment of the Resident Office was the production of an 
annual report on the state of human rights in Guatemala.  The 
negotiating parties finally agreed that the OHCHR would 
produce a report on its activities for internal use.  OHCHR 
staff noted some concern in regard to how the 
newly-established United Nations Human Rights Council will 
use or distribute the report. 
 
¶5. While it is too early to judge reliably the effectiveness 
of OHCHR's field activities, OHCHR's staff has demonstrated a 
responsive and positive willingness to use their "good 
offices" to pressure the Government of Guatemala (GOG) to 
maintain attention on high-priority cases.  Senior staffers 
note to us that they carefully avoid the task of 
investigating alleged crimes, which remains the 
responsibility of the GOG.  OHCHR's goal is merely to gather 
information to share with the GOG and then maintain a 
supportive relationship with relevant GOG offices to ensure 
that cases are not ignored. 
 
¶6. While the Resident Office in Guatemala opened in July 
2005, the High Commission also intends to open a Central 
American Regional Office to focus on discrimination, violence 
against women, and exclusion. 
 
Engaging with the State 
----------------------- 
¶7. The OHCHR's primary government partner is the Presidential 
Commission for Human Rights (COPREDEH).  Relations between 
COPREDEH, one of the better-led GOG entities, and OHCHR are 
already strong and productive.  OHCHR provides continuous 
support to COPREDEH regarding the latter's cases before the 
Inter-American Commission on Human Rights.  The OHCHR is 
negotiating an agreement with the Presidency to provide 
counsel to the GOG on all international treaties, not merely 
those related to human rights. 
 
¶8. The OHCHR's advisory role to the state extends to the 
legislative branch.  OHCHR works with the Congressional 
Committee on Human Rights to review legislation and to advise 
on legislative conformance to international human rights 
treaties to which Guatemala is, or hopes to be, a party.  At 
the moment, OHCHR is reviewing five legislative proposals in 
Congress to resolve land conflicts and will make 
recommendations to the Commission members.  While OHCHR is 
not directly engaged in land disputes, it monitors such cases 
due to the potential for such conflicts to erupt into 
violence. 
 
¶9. OHCHR has not yet begun training sessions for judges and 
prosecutors, but is developing such a program to focus on 
international treaty obligations in the adjudication of law. 
OHCHR staff told us that they expect this effort to be the 
most sensitive undertaking within the overall mandate, but 
one that should provide the most significant returns on 
OHCHR's investment.  The political sensitivity to an outside 
entity training Guatemalan judges, they cautioned, will 
require support at the highest levels of the judiciary. 
While the current president of the Supreme Court is extremely 
helpful, OHCHR is concerned that future court leadership may 
take a different tone.  (Note:  The Presidency of the 
Guatemalan Supreme Court is a one-year non-renewable term. 
End note.) 
 
¶10. OHCHR hopes to strengthen the capacity and the role of 
the Human Rights Ombudsman (PDH), who reports to Congress. 
PDH already has national coverage through a network of 
regional offices, but these offices often defer to 
headquarters even on routine issues.  OHCHR hopes to increase 
the capacity of these local offices to monitor human rights 
and respond to specific complaints, both to improve their 
utility and to aid in the general decentralization of 
government.  In particular, OHCHR hopes to assist PDH with 
its formal mandate to provide education to the populace on 
human rights. 
 
Engaging with Civil Society 
--------------------------- 
¶11. OHCHR already has a strong relationship with Guatemala 
City-based civil society.  When these activists and NGOs 
perceive threats or intimidation, OHCHR has become their 
first stop.  In this sense, civil society acts as a client of 
OHCHR.  While members of civil society in the capital are 
often at odds with one another, OHCHR has begun to play a 
leadership role to encourage cooperation on mutual interests. 
 
¶12. Outside of the capital, OHCHR hopes to maintain the 
contacts developed during MINUGUA's 10-year presence.  Racism 
and discrimination are chief among OHCHR criteria for judging 
the Guatemalan human rights environment, and OHCHR efforts in 
rural areas are dedicated to this effort.  OHCHR maintains 
extensive contact with organizations dedicated to supporting 
the indigenous population, including the Indigenous Public 
Defenders Office, the Defenders of Indigenous Women, and 
numerous rural organizations dedicated to indigenous rights. 
 
¶13. OHCHR stresses the need for participation in the 
democratic process.  In addition to educating the population 
on both the need to participate and the mechanics of doing 
so, OHCHR is developing a monitoring plan for the 2007 
elections planning process.  OHCHR hopes to increase the 
number of rural polling stations and simplify the mechanisms 
for participation. 
 
Engaging with other UN Bodies 
----------------------------- 
¶14. OHCHR staff note that they have an open and productive 
relationship with other United Nations offices.  They believe 
that these offices are open to targeting development 
assistance to complement OHCHR's advocacy and education 
efforts. 
Derham