United Nations Verification Mission in Guatemala

“ The Government has a grave responsibility to confront and dismantle illegal groups and clandestine structures, which are in part an unresolved legacy of the conflict and its former counter-insurgency apparatus. Although these groups act with relative autonomy, have an ambiguous relationship to the Government and are not part of a State policy, they have become a serious obstacle to the peace process, democracy and the observance of human rights. These illegal groups are also a menace to people and institutions pursuing judicial processes which threaten their interests. ”

“ The Public Prosecutor’s Office and the judiciary are not the only bodies responsible for the fight for an effective and independent justice system. Indeed, the weakness of these two bodies is compounded by the attitude of institutions of the executive branch which refuse to fully cooperate with the justice system when agents of the State are involved or, even worse, when they use various means to exert pressure on and to interfere directly in the judicial process. In two typical cases, such as those of Xamán and Monsignor Gerardi, this lack of cooperation or interference has been blatant. ”

“ Verification by the Mission has shown that the power of criminal organizations and of individuals - with or without links to the Government - who commit crimes to settle police or private scores is greater than the power of the institutions responsible for combating them. This equation will be reversed only when criminal agents and groups are no longer encouraged in their actions by the growing climate of impunity and the sure knowledge that these institutions are weak, in other words, when the institutions act decisively and take whatever steps they can and must take. ”

“ The genuine participation of citizens — both men and women — from all sectors of society is essential for achieving social justice and economic growth. The State must broaden these opportunities for participation and strengthen its own role as guiding force of national development. To that end, it must raise fiscal revenues and, as a matter of priority, channel public spending towards social investment. The strengthening of civilian power is an essential prerequisite for the existence of a democratic regime. ”

“ An armed civilian population does not contribute to pacifying society or controlling crime; rather, it introduces elements of greater unrest and is a causal factor in the level of crime and violence in the country. Only the strengthening of the security forces under the supervision of the institutions that uphold the rule of law and their dedication to fighting crime while safeguarding human rights will succeed in eliminating the climate of violence and lack of public safety. ”

“ Without minimizing the importance of the cessation of the armed conflict, full implementation of the Peace Agreements will give Guatemala an opportunity to join fully in the global movement towards inclusive democracy, equitable development and respect for human rights and cultural differences. These are the values which the United Nations has a mandate to protect and promote and this is the meaning of the support, whether in the form of verification, good offices or technical cooperation, which the United Nations system will continue to provide to the peace-building process in Guatemala. ”

“ Guatemala’s electoral process has been marred by a number of unfortunate incidents, some of which have led to violence. Some followed acts of provocation, suggesting that some participants have not fully committed themselves to the fundamentals of democratic elections — tolerance, pluralism and non-violence. It is only in a climate of peace, devoid of threats and intimidation, that Guatemalan voters can exercise their right to freely choose their leaders and hold them accountable for their performance. ”

“ To consolidate a democratic state and to ensure conditions of governability and development, it is urgent for the Government to pay priority attention to those regions where the social debt is greater and more pressing. This attention should start from the implementation of affirmative actions which will reduce, until eliminated, the gap existing between the quality of life and access to services between the indigenous and non-indigenous population. A substantial and sustained advance in the pending peace agenda is essential to overcome the deep social inequalities which still remain. ”

“ To cope with the high level of criminal violence and insecurity, the country inherited State institutions that were seriously flawed. Although the agreements give priority to strengthening the police and the judiciary as a means of combating crime, that process will be a gradual, medium-term one. It is the State’s inability to safeguard human rights that has made the public feel defenceless and has increased tolerance for illegal, increasingly violent phenomena such as lynchings and “social cleansing”. ”

“ Firm and lasting peace must be based on participatory social and economic development that is geared to the common good and the needs of the entire population. To meet these challenges, the State must adapt its mode of operation to take account of gender differences and cultural diversity. Respect for and the exercise of the civil, political, social, cultural and economic rights of all persons are the foundation for a new coexistence reflecting the diversity of the nation. ”

“ Impartial clarification of what happened during the armed conflict is an important part of the peace process and an inalienable right of society as a whole, and victims in particular, to have the truth acknowledged. ”

“ Tax reform can no longer be postponed. Guatemala needs a functional State with sufficient resources to make major public investments in health, education, security and justice, and policies to help lift more than half of its citizens out of poverty. Increasing government revenues will require sacrifices and solidarity, particularly from those in the upper echelons of society, who need to look beyond their narrow interests to those of the nation as a whole. ”

“ In order to strengthen and expand the mechanisms to ensure effective exercise of human rights, it is particularly important to deal with the legal provisions, such as the reform of the Elections and Political Parties Act, the characterization of discrimination and sexual harassment as offences, the law which regulates the civil service, the law on arms and munitions, the one pertaining to private security companies, those which regulate the State intelligence agencies and the one establishing the National Women’s Institute. ”

“ Cooperation in strengthening the judiciary is based on the premise that each of the individual judges, who have a monopoly on the administration of justice, must constitute the last and best defence of respect for human rights, and must enjoy an autonomy and independence limited only by law. ”

“ Perhaps the most difficult challenge for MINUGUA was to operate in the complex multi-ethnic, multicultural and multilingual environment of Guatemala, with its deeply entrenched racism and abandonment of the nearly two dozen Mayan, Xinca and Garifuna indigenous communities that comprise at least half the population. Inserting itself effectively into this context required great cultural sensitivity on the part of MINUGUA, which made use of national indigenous staff and translators able to explain the peace accords and the mandate of the Mission and to take complaints in indigenous languages. ”

“ At a time when the transformation of democratic institutions must be consolidated and the population needs to reap the benefits of a culture of peace, public authorities, the media and society as a whole must do their utmost to disseminate civic values and the values of peace, tolerance and dialogue as the basis for a new form of peaceful coexistence. ”

“ It also noted that labour issues play a secondary role in political decision-making. The scant development of a social dialogue, the multiple weaknesses of social organizations, the lack of institutional cohesion which characterizes the Ministry of Labour, the slow and ineffective functioning of the judicial system and the serious violations of trade union activists’ fundamental human rights all make up a picture which is far from encouraging and which must be tackled by resolutely fulfilling the commitments made in the peace agreements. ”

“ In fact, in the Comprehensive Agreement on Human Rights, the Government committed itself to continue supporting all measures designed to promote and improve the norms and mechanisms for the protection of human rights. The fight against racial discrimination is a priority for the United Nations and since its creation it has tried to put an end to the persecution and segregation of persons and groups for racial motives. ”

“ It must be recognized that the profound political, social and cultural changes called for in the peace agreements cannot be fully achieved in seven years; as other post-conflict States have demonstrated, the transformation from authoritarian regimes to a democratic culture is a long-term project marked by faster and slower reform periods. Yet, in Guatemala, it is cause for concern that, not only are reforms progressing slowly, but the Government and a number of other political and social sectors no longer appear committed to the changes that are at the heart of the peace process. ”

“ This attitude on the part of organizations associated with the military and their members, which is based on the logic of counter-insurgency and control over the civilian population, undermines not only the duty of the State to protect and guarantee freedom of thought and association, but also the right to life and integrity of those who promote respect for these values. ”

“ Eight years after embarking on the sweeping project of transformation contained in the peace accords, Guatemala has taken important strides forward and laid a firmer foundation on which it can continue to construct a better future. The list of accomplishments is impressive. Decades of bloody conflict and State-sponsored human rights violations have ended. ”