United Nations Verification Mission in Guatemala

“ It is essential that measures be taken as a matter of urgency to ensure that the perpetrators be investigated and punished and that further such acts be prevented. Unless the internal purification of police elements involved in serious offences and violations — a permanent commitment set forth in the Comprehensive Agreement — is completed, full enjoyment of human rights in the country will continue to be seriously hampered. ”

“ In the Peace Agreements, the Government undertook to apply the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, which was ratified by Guatemala in January 1984, by defining ethnic discrimination as an offence punishable by law. It also undertook to propose to Congress that sexual harassment should be similarly characterized and that any sexual offence committed against indigenous women, a highly vulnerable social group, should be considered an aggravated offence. ”

“ There is still a need for major legal reforms and institution-building programmes in the area of voter registration and participation, in order to make the system of political representation more inclusive and the process of registration and voting easier. As has been said before, the Mission regrets that the first elections since the signing of the Peace Agreements were conducted without the adoption of the necessary reforms of the system of elections and political parties, despite their timely submittal to the Congress by the Supreme Electoral Tribunal. ”

“ The institution must, without further delay, adopt a truly democratic policy that is respectful of the rule of law, and that is consistent with respect for human rights and the concept of public service. Some of the violations committed by police officers can be prevented by redoubling efforts to enhance police training, particularly as regards arrest procedures, treatment of those detained and proportional use of force. ”

“ During the reporting period, the Mission continued to verify the fulfilment of this important commitment and it has concluded that illegal security forces and clandestine groups continue to be active and that there is, as yet, no government policy to combat them. The Mission reiterates, furthermore, that the operational capacity of these groups, their links with public officials at the local and national level and the impunity which prevails for most of their actions are all factors that contribute to the people’s growing perception of insecurity. ”

“ A number of sectors of the society feel that such a concentration of ownership is a threat to freedom of expression and the proper functioning of a democratic system, citing the political bias of news programmes and censorship of topics that might affect the interests of the owner or persons close to him. Steps that might be taken to overcome the problem include amending the Radio Communications Act and transferring the two State television channels to other sectors of society. ”

“ The Mission has reiterated the seriousness of the activities of illegal structures which conduct parallel investigations, in some cases affecting the judicial process. Faced with the high crime rate, and especially the impact of kidnappings, which serve to heighten the perception of a climate of insecurity, the State has allowed persons or groups outside the competent institutions to become involved in police investigations, on the pretense of supporting prosecutors, judges and victims, and to utilize State resources. ”

“ The change of political leadership in the framework of a democratic electoral process is a further manifestation of the consolidation of the rule of law and of the expansion of political spaces, the closing of which has been regarded by the signatories to the Agreements as one of the historical causes of the armed confrontation. ”

“ In view of the fact that the State has expressed a wish in IACHR to honour its international obligations with regard to human rights, the Government is urged to ask the Inter-American Court of Human Rights for an advisory opinion on the compatibility of the criminal laws which imposed the death penalty for various offences subsequent to the entry into force of the Pact of San José, and to declare a moratorium on any such executions pending the Court’s opinion. ”

“ Despite the inadequacies of the current electoral law and infrastructure limitations in terms of premises and equipment, the Mission noted a considerable improvement in the handling of the election. Ignorance of indigenous languages on the part of officials of the register of citizens remains a serious obstacle to the exercise of political rights by the indigenous peoples. ”

“ It should be noted that a single permit can be used to acquire several arms. Moreover, it is estimated that there are 2 million unregistered arms. The proliferation and lack of control over firearms is a continuing threat to the people’s security, since the arms can easily be used for criminal acts and it is difficult for the authorities to identify the perpetrators.
Commitment VII. Safeguards and protection of individuals and entities working for the protection of human rights 88. ”

“ Families of victims and Guatemalan organizations, including the Office of the Counsel for Human Rights, also became parties to the complaint. Subsequently, criminal charges for undermining the integrity and independence of the State, violating the provisions of the Constitution and failing to report an offence were filed against Rigoberta Menchú, by one of the defence attorneys for the soldiers accused of the Xamán massacre, in whose trial the Rigoberta Menchú Tum Foundation was a joint complainant. ”

“ There was a substantial increase in civic participation, in terms of both registration in the electoral roll, and voter turn-out at the polls, especially noticeable among women and indigenous peoples. Although rates of new registration were higher in departments with larger indigenous populations and among women, those two groups still have the lowest percentages of registration. The gap between numbers of men and women registered is gradually shrinking. ”

“ In order to strengthen the internal oversight system, combat the frequent acts of corruption and ensure that officials are qualified, it is necessary to follow a clear policy of control and purification. ”

“ The concentration and selectivity of the threats, their characteristics and the information provided helped generate a climate of uncertainty and fear, which human rights entities have repeatedly denounced during the period under review. ”

“ According to the army’s Arms and Munitions Control Department (DECAM) 60,000 people own firearms; there are just under 150,000 firearms in Guatemala, of which 133,000 are defensive, 10,500 are for sports purposes and 4,400 are offensive ”

“ As the disciplinary regulations of the National Civil Police make no explicit mention of this, there is no penalty. It is not only a criminal offence, but a form of clear failure to cooperate with members of other institutions of the Republic with which there are professional relations, which is considered a very serious offence under those regulations.
68. Lynchings are among the phenomena which are encouraged by impunity. During the reporting period the deplorable practice of lynching has continued, along with acts of mob violence, both spontaneous and premeditated. ”

“ The headquarters of the National Civil Police carried out disciplinary proceedings. In another torture case, the Mission verified that, on 5 February 2000, the above-mentioned chief of the Criminal Investigation Service of Quetzaltenango and other agents tortured Pablo Albani Edelman Bethancourt and Alex Guillermo Reyes Monterroso, asphyxiating them in an oil cloth hood in order to force them to confess to belonging to a gang of auto thieves. ”

“ The bidding process has been halted, but the Mission is unaware of any specific action taken on the other recommendations. It is particularly concerned that no action has been taken to investigate the television monopoly, especially since the Government has acknowledged that a “moral monopoly” exists. ”

“ In his preliminary evaluation on 14 April 2000, he made a number of recommendations, calling inter alia for: (a) a thorough investigation into the de facto monopoly in broadcast television; (b) creation of mechanisms allowing for greater diversity of ownership; (c) application of clear rules to avoid conflict of interest between public officials and the communications media ”