VZCZCXYZ0000
RR RUEHWEB

DE RUEHGT #0363/01 0841840
ZNR UUUUU ZZH
R 241840Z MAR 08
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 5022
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHME/AMEMBASSY MEXICO 4781
RUCNDT/USMISSION USUN NEW YORK 0209
RUEHGV/USMISSION GENEVA 0870

UNCLAS GUATEMALA 000363 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR USAID FOR LAC/CAM KSIENKIEWICZ 
DEPT FOR IO/UNP 
 
E.O. 12958: N/A 
TAGS: PHUM KJUS KDEM KCRM KWMN PGOV SOCI GT
SUBJECT: GUATEMALA UN HUMAN RIGHTS OFFICE OUTLINES 12 
RECOMMENDATIONS TO STRENGTHEN HUMAN RIGHTS 
 
¶1. Summary:  On March 7, UN High Commissioner for Human 
Rights (UNHCHR) Country Representative Anders Kompass 
presented to the diplomatic community a report of the human 
rights situation in Guatemala and the activities of his 
office during 2007.  Kompass said his office was most 
concerned about violations of the right to life, as evidenced 
by violent crime, impunity, and poverty.  Among 12 
recommendations, UNHCHR Guatemala urged the government to 
launch a public campaign to restore the image of, and public 
confidence in, its police, and to strengthen internal and 
external control mechanisms.  End Summary. 
 
¶2. The annual report summarizes efforts undertaken by the 
UNHCHR Guatemala Office to monitor the human rights 
situation, and to provide technical assistance and advice to 
state institutions and civil society organizations. 
According to Kompass, the report, which was presented to the 
UN Human Rights Council earlier this month during its seventh 
session, complements human rights reports prepared by 
embassies and NGOs.  It focuses on five themes:  right to 
life and security, including combating violence against 
women; the rule of law and impunity; political rights; 
combating racism and racial discrimination; and economic, 
social, and cultural rights.  It outlines 12 recommendations 
-- fewer than last year's 17 -- to focus efforts on 
addressing the key problems. 
 
Key Concerns 
------------ 
¶3. Kompass said the biggest concern of his office is the 
state's inability to guarantee the right to life, as 
manifested by violent crime, impunity, and poverty.  He noted 
that police investigations have not resulted in clarification 
of crimes.  He also noted that Guatemala suffers from a high 
rate of extreme poverty, especially in rural, indigenous 
areas, and has one of the highest levels of socio-economic 
inequality in the hemisphere.  This situation of inequality 
and poverty, he said, continues to be the state's main 
challenge in advancing economic, social, and cultural rights. 
 
¶4. The report states that organized criminal structures 
operate within state institutions and commit human rights 
violations.  According to UNHCHR, these structures have been 
utilized by organized crime, narcotraffickers, and other 
powerful groups, and have acted with the support, 
acquiescence, or tolerance of some high-ranking officials in 
the Ministry of Government and the National Civil Police 
(PNC). 
 
¶5. The report cites as key problems the persistent high level 
of impunity and the ineffectiveness of the Public 
Prosecutor's Office to control the impunity.  Deficiencies 
included failure to identify suspected perpetrators, 
sufficiently examine and handle evidence, properly secure 
crime scenes, ensure the chain of custody, and bring 
investigations to conclusion.  It also notes the lack of 
coordination among prosecutors' offices in exchanging 
information on potentially related case files. 
 
Recommendations 
--------------- 
¶6. Among its recommendations, UNHCHR urged the government to 
undertake comprehensive efforts to restructure the PNC, 
intensifying its clean-up efforts and strengthening internal 
and external control mechanisms to professionalize the police 
force.  It also urged the authorities to conduct a public 
campaign to restore the image of, and to re-build public 
trust in, the police, starting with implementation of a model 
based on crime prevention and investigation, transparency, 
Qbased on crime prevention and investigation, transparency, 
defense of citizens, and respect for human rights. 
 
¶7. To strengthen rule of law and to more effectively combat 
impunity, it urged the Public Prosecutor's Office and the PNC 
to apply technical criteria to each step of the investigative 
process, as well as to implement effective operational 
mechanisms for coordination, including inter-institutional 
analyses of patterns of criminal conduct and development of a 
comprehensive procedure for criminal investigation and 
prosecution.  It also called upon judicial institutions to 
conduct internal controls, particularly of the disciplinary 
and performance evaluations systems; ensure the 
accountability of judicial officials, including high-ranking 
officials; and develop and implement, in consultation with 
indigenous peoples, a policy to ensure access to justice. 
 
¶8. Kompass said the goal of the report is to provoke changes 
 
to strengthen the human rights situation in Guatemala, which 
is among the countries that will be reviewed this year under 
the voluntary UN Periodic Review System.  He emphasized that 
the diplomatic community plays a key role in advancing 
democracy and human rights by engaging with senior levels of 
the GOG and focusing international attention on the issues. 
The Chilean Ambassador commented that it is important not 
only to strengthen public institutions but for the state to 
have a concept of state responsibility.  The Swiss 
representative expressed concern over the political will of 
some GOG institutions regarding support for the International 
Commission Against Impunity in Guatemala (CICIG). 
 
Comment 
------- 
¶9. The concerns raised by UNHCHR are concerns that the Colom 
government has acknowledged and is committed to addressing. 
The UNHCHR report and concrete suggestions provide a useful 
roadmap for the way forward.  In the twelve years since the 
end of the internal conflict, Guatemala has made progress in 
advancing human rights.  However, overcoming the pervasive 
climate of impunity and history of violence are serious 
challenges that will require not only political will and 
strong government leadership, but international donor support 
and the full participation of every sector of society. 
Derham