ASSEMBLY ENCOURAGEMENT OF NEGOTIATIONS ON TREATY ON DEMOCRATIC SECURITY IN CENTRAL AMERICA SOUGHT IN DRAFT INTRODUCED BY NICARAGUA

Press Release
GA/8991

ASSEMBLY ENCOURAGEMENT OF NEGOTIATIONS ON TREATY ON DEMOCRATIC SECURITY IN CENTRAL AMERICA SOUGHT IN DRAFT INTRODUCED BY NICARAGUA

The General Assembly would urge that negotiations be pursued on a treaty on democratic security in Central America by the terms of a draft resolution on the situation in that region which was introduced this morning.

The draft would have the Assembly stress the importance of negotiations between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca aimed at reaching a peace agreement which would complete the peace process in Central America. It would call upon the Government of El Salvador and all political forces involved in the peace process there to complete the implementation of all remaining aspects of the Peace Agreement. The importance of compliance with Nicaragua's request for observers to be present during its electoral process next year would be emphasized.

Introducing the draft resolution, the Vice-Minister for Foreign Affairs of Nicaragua said the Central American Presidents had agreed to discuss an agreement on democratic security at their upcoming summit based on their conviction that democracy was the key to promoting trust among peoples and countries. Stating that greater efforts were required to overcome extreme poverty in the region, he called for continued international assistance to the countries of the region.

Addressing the situation in Guatemala, the representative of Norway stressed that all sectors of the society, including those who may have to renounce some of their privileges to create a better future for all Guatemalans, must display a constructive spirit. A massive participation in the 12 November elections would testify to the Guatemalans' readiness to take their destiny in their own hands, he said.

The representative of Belize said it was a matter of regret that the report and draft resolution before the Assembly did not fully reflect his country's contribution. Belize was convinced, however, that it would eventually assume its rightful place as the bridge to the Caribbean.

General Assembly Plenary - 1a - Press Release GA/8991 54th Meeting (AM) 9 November 1995

Statements were also made by the representatives of Mexico, Japan, Spain (on behalf of the European Union), Argentina and Canada.

The Assembly will meet again at 10 a.m. tomorrow, 10 November, to consider international assistance for the rehabilitation and reconstruction of Nicaragua, as well as support by the United Nations of the efforts of Governments to promote and consolidate new or restored democracies.

Assembly Work Programme

The General Assembly met this morning to continue its consideration of the situation in Central America: procedures for the establishment of a firm and lasting peace and progress in fashioning a region of peace, freedom, democracy and development. Before it is a report of the Secretary-General on that matter as well as a Note by him transmitting the report of the Director of the United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA). Also before the Assembly is a five-Power draft resolution.

The report of the Secretary-General (document A/50/499) covers developments relating to progress achieved by Central American countries in the areas of peace, freedom, democracy and development. The Secretary-General states that when he visited the region last April, he was able to confirm that countries throughout the region are making efforts to convert the improved prospects for the goals of peace, democratization, reconciliation, development and justice reiterated by their governments into a reality. Democratic institutions have been strengthened as security concerns engendered by armed conflicts are replaced by efforts to bring military and public security bodies under the control of the civilian authorities.

An increased assertiveness of civil society has generated a new and more diversified political process throughout Central America, according to the report. The countries of the region have formed the Alliance for Sustainable Development. The elaboration of an accord on regional security issues has been discussed recently, with a view to concluding a treaty defining a security model that would make use of democratic institutions to find integral and peaceable solutions to the region's problems.

The report provides details on extraregional cooperation as well as the activities of the United Nations system, including the Organization's contributions to the respective peace processes in Guatemala and El Salvador. The comprehensive United Nations operational activities are also reviewed.

The Secretary-General states that Central America meets this key moment in its history with a number of assets, including the prospect of ending the armed conflict in Guatemala; a new reform agenda contained within the Alliance for Sustainable Development; and the support of the international community, honed into an active partnership and including the United Nations system itself, with which to do so.

These assets place the countries of Central America in a favourable position from which to pursue economic growth, social justice and further democratization, the report states. However, the gravity of the challenges the region faces will be overcome only if they are approached with the dedication and sense of urgency brought to bear on civil war and regional tensions in the past. "As sincerely as I encourage the parties endeavouring to secure a negotiated resolution to the conflict in Guatemala to make every

General Assembly Plenary - 4 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

effort to provide the basis for a lasting peace in that country, I also urge the countries of Central America and the international community to remain fully engaged in the consolidation of peace throughout the region", the Secretary-General states.

According to the report on the MINUGUA (document A/50/482), although certain positive steps and attitudes already have been maintained, the general human rights situation in Guatemala has in some ways taken a turn for the worse. The serious lack of public security is in itself an encroachment on human rights because it denies the people the possibility of living free of fear and of attacks on their lives, integrity of person and liberty. Impunity undermines the rule of law.

"The Mission, on the basis of its own verification, concludes that the right to life is still the most seriously affected, and that it is so precarious because the State has shirked its obligation to provide guarantees and its institutions do not exercise their solemn duty to prevent, investigate, prosecute and punish crimes", the report states. The Government has not adequately guaranteed the rights to integrity and security of person and to individual liberty. The Mission has ascertained serious instances of torture and arbitrary or illegal detention that have not been investigated. Persons working to promote and safeguard human rights continue to be abused and intimidated.

"Given the repeated and confirmed occurrence of criminal activity by illegal groups and clandestine machinery, to which government officials are frequently linked, the Mission is compelled to recommend once again that the Government should identify, disband and punish such groups, investigating their possible links with State officials or institutions and placing the responsibility where it belongs", the report continues.

The report states that it is troubling that the members of the armed forces implicated in illicit activities are in a particularly good position to take advantage of impunity, owing to the particular role which, for historical reasons, the military has played in Guatemala. It is also a matter of concern that due process is disregarded primarily in high-profile cases, in which members of the army or persons linked to it are implicated, given the interference of military interests in the operations of the judiciary.

The society has continued to suffer from the climate of generalized violence and public uncertainty, as demonstrated by the high rate of abductions and violent deaths and by the proliferation and use of firearms, according to the report. Military commissioners have been repeatedly identified for their involvement in acts of violence, harassment and intimidation against the civilian population.

Public attention has also been focused on the exhumations carried out in clandestine cemeteries as a result of efforts to cast light on the massacre of hundreds of inhabitants of these localities in 1982, the report states. In

General Assembly Plenary - 5 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

this connection, the Minister of Defence stated publicly that there might be over 40,000 corpses buried in clandestine cemeteries in Guatemala.

The report states that the Mission Director has expressed to the President his concern and revulsion at the taking of five international hostages, including three United Nations officers, on 28 June. The Mission deplored the lack of effectiveness on the part of the authorities in dealing with the perpetrators.

During the period under review (21 May to 21 August), the Mission received 2,156 complaints, representing a 34 per cent increase in the number received. Slightly over 50 per cent of admitted complaints are being verified in order to gather the information necessary to reach a determination. "The difficulty in shedding light on the facts and the persons responsible is a typical problem in dealing with impunity", according to the report.

The report cites specific cases of violations of the right to life. During the period in question, 156 complaints were admitted of violations of the right to life, including deaths as a result of breaches of legal guarantees and extrajudicial executions (49), attempted extrajudicial executions (18) and death threats (89). "The Mission reiterates its deep concern at the fact that the largest number of complaints admitted -- 36.8 per cent -- are of violations of the right to life and that the percentage of cases in which the victim actually loses his life is increasing." Another cause for concern is the fact that investigations led by national bodies have not led to identification and punishment of those responsible.

There is a trend of "extreme abuse of power against alleged offenders or ordinary citizens, where police or private matters that could be dealt with by lawful means are settled by the simple expedient of murder", according to the report. Recurrent situations have been noted when the persons involved are State agents, characterized by, among others, false testimonies to throw the investigation off course and cursory internal investigations exonerating those responsible without reference to the courts. Many of the cases that have come to light involve elements of the Treasury Guard or persons with links to, or under the control of, the army. Other cases involve illicit organizations whose purpose is to commit crimes. "As long as they are allowed to continue unpunished, these groups remain a constant threat to the right to life", the report states.

It goes on to state that "This fact is supported by a statement by the Director of the Department of Forensic Medicine of the Judicial Branch indicating that every day, an average of 10 to 12 corpses are brought to the morgue, with point-blank gunshot wounds, frequently in the head, and with signs of their hands having been bound."

Complaints of death threats mainly affected persons connected with human rights organizations, social and political leaders and public prosecutors, the report continues.

General Assembly Plenary - 6 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

Among the cases of extrajudicial executions described in the report is that of Manuel Saquic Vásquez, an evangelical pastor and human rights activist who was found with 33 stab wounds, a slit throat and signs of having been tortured. The delay in investigating the case has been compounded by the failure to enforce the arrest warrant of the accused, who has been frequently seen in Chimaltenango. "According to witnesses, he has gathered his cohorts and announced to them that Saquic's murder will be followed by that of other members of the church."

The report goes into extensive detail on cases of torture reported in the period under review. Two victims are described as having been subjected by police to blows, electric shocks and hooding with a view to extracting confessions.

A United States citizen, Daniel Sky Callahan, working at the invitation of the Commission on Human Rights of Guatemala, was beaten by three soldiers as he was filming a demonstration and was subsequently detained for an hour in a vehicle, where he was threatened with reprisals if he remained in the country. "Before setting him free, they beat him, especially in the genitals", the report states. Another victim alleged that an attempt was made to abuse him sexually in the police station, and relatives who tried to come to his assistance were held at gunpoint.

Also discussed in the report are cases of arbitrary or illegal detention, including that of a man arrested while gathering wood. A soldier forced him to lie down on the ground and was beating him on the back with the barrel of his rifle when the gun went off. The victim had to be hospitalized. After making a statement to the justice of the peace, those arrested remained in detention for two days. The military side states that the victims were felling trees and violently resisted arrest, but it was found on investigation that no such offence had been committed and they had been arbitrarily detained and ill-treated. "The Mission is following the legal proceedings, which are seriously flawed."

Regarding violations of the right to due process, the report states that the fact that little or no progress has been made in the investigation of the majority of cases is basically due to the lack of will on the part of the Public Prosecutor's Office to conduct criminal proceedings and the lack of forcefulness of its highest authority in implementing corrective measures. This is especially true where persons belonging to or associated with the Army are involved in cases for which the investigation has been brought to a halt under pressure.

The report goes on to say that the Mission received a small number of complaints concerning specifically political rights, "a fact that should be assessed in the light of a political environment with little tradition of participation and a context fraught with violence". Particular concern is expressed about acts of violence against political candidates.

General Assembly Plenary - 7 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

In addition, the report reviews complaints concerning violations of the rights to freedom of expression, movement and association.

Concerning the judiciary, the report states that judges and prosecutors have again been subjected to threats, intimidation, and even attacks on their person. "As a general rule, the Government has not taken steps to protect such officials and, what is even more serious, has neither investigated nor imposed any punishment in the many cases involving acts perpetrated, assisted or tolerated by State agents." The work of judges and prosecutors is seriously affected by the intimidation, pressure and threats to which they are subjected and by the fact that they receive scant assistance from the police and other public officials.

The report also provides an analysis of the defective functioning of the Public Prosecutor's Office, the judiciary and the security forces responsible for preventing and punishing crime; the existence of illicit associations linked with crime which may enjoy the support, the complicity or the tolerance of State agents; the autonomy enjoyed by the army in its counter-insurgency and anti-subversive activities, the procedures it uses in this sphere and the broad interpretation it gives to those concepts; control exerted over rural communities by military commissioners and voluntary civil defence committees; and the proliferation of, and lack of control over, the possession of firearms by private individuals.

A draft resolution sponsored by Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama would have the Assembly stress the importance of negotiations between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca aimed at reaching a peace agreement which would complete the peace process in Central America (document A/50/L.17). The parties would be called upon to comply fully with the Comprehensive Agreement on Human Rights and the Agreement on Identity and Rights of Indigenous Peoples and to implement the recommendations of the MINUGUA. The international community would be requested to continue to support the peace process and efforts to promote national reconciliation, development and democracy in Guatemala.

Addressing the situation in El Salvador, the text would have the Assembly call upon that country's Government and all political forces involved in the peace process to complete the implementation of all remaining aspects of the Peace Agreement. Regarding Nicaragua, the Assembly would recognize the importance of reaching a national understanding in order to define a national development strategy through dialogue among all sectors of the society, thereby strengthening grass-roots support for the country's reconstruction. The Assembly would emphasize the importance of the Secretary-General's compliance with Nicaragua's request for observers to be present during its electoral process next year.

Concerning the region as a whole, the draft would have the Assembly support the concern of Central American countries to create a new model of regional security based on a reasonable balance of force and the pre-eminence

General Assembly Plenary - 8 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

of civil authority. It would urge that negotiations be pursued on the treaty on democratic security in Central America. The Assembly would emphasize the importance of the political dialogue and economic cooperation between the Central American countries and the European Union.

Introduction of Draft Resolution

JOSE BERNARD PALLAIS, Vice-Minister for Foreign Affairs of Nicaragua, introduced the draft resolution on the situation in Central America. Just a few years ago, he said, that region had been at the epicentre of the East/West conflict, and much of the foreign aid it received had been channelled to the military. Many had viewed the possibility of a Central America of democracy, peace and development with scepticism. Today, the efforts of the people of Central America to overcome that scepticism should be welcomed.

"The new integration of Central America is a fundamental instrument for regional development and consequently for ensuring peace, development and democracy in our region", he said. Central America had defined its new regional strategy, contained in the Alliance for Sustainable Development. The Central American Presidents had agreed to discuss an agreement on democratic security at their upcoming summit. That arose from the conviction that democracy was the key to promoting trust among peoples and countries. In Central America, confrontation and military solutions to conflicts had been banished, replaced by the peaceful settlement of disputes, dialogue and reconciliation.

International assistance and cooperation for consolidating peace and facilitating development was critical, he stressed. The Alliance for Sustainable Development provided the countries of the region with a framework to receive support. Much had been done, but greater efforts were required to overcome extreme poverty in the region. It was hoped that the international community would continue to provide assistance to the countries of the region, and that the draft would be adopted by consensus.

GUSTAVO ALBIN (Mexico) stressed the important historical ties between his country and those of Central America and welcomed their determined efforts to strengthen the institutions of a firm and lasting peace. The recently signed Agreement on the Rights of Indigenous Peoples and the conclusion of the agreement on the agrarian situation deserved the support of the international community, he said.

He welcomed the Contadora Declaration, which established that the new Government of Guatemala emanating from elections would respect the commitments of the present Government. The MINUGUA must continue to have the capacity to contribute to strengthening Guatemala's democratic institutions, he said. Peace was an essential condition for achieving development, and he urged the parties to show the will necessary to accelerate the negotiating process.

He said the exceptional progress that had been made in El Salvador was the result of the efforts of the parties and the support of the international

General Assembly Plenary - 9 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

community. That country was now on the course of strengthening its national institutions. The international community's commitment to supporting El Salvador's peace process was shown by the extension of MINUSAL's mandate.

He said progress in the political and institutional area in Central America could only be consolidated if economic development were achieved. Mexico would continue to participate in the work of the Support Group. Support for Central America needed strengthening and the region required financial help to rebuild its institutions.

SHUNJI MARUYAMA (Japan) said that, while progress continued to be made in El Salvador, the implementation of the peace accords had been fraught with problems and delays. The full deployment of the National Civil Police, the complete demobilization of the National Police, and the redistribution of land among former combatants had not been achieved. Japan was providing ever greater support for peace-keeping in El Salvador with the conviction that the people of that country would demonstrate to the international community that the concept of peace-building was viable.

Concerning Guatemala, he said Japan had contributed $100,000 to the Organization of American States (OAS) for election monitoring, and it would itself participate in those activities. It hoped that the 12 November election would create an atmosphere that would be conducive to further and speedy progress in the negotiations so that a final peace agreement might be concluded and ready for signing early in 1996.

More generally, Japan was providing various kinds of loans, grants and technical assistance, as well as emergency relief throughout Central America, and it stood ready to provide such assistance in the future. It believed that such support not only facilitated development, but helped advance the peace process.

YURI FEDOTOV (Russian Federation) said tangible progress had been achieved in Central America largely thanks to international efforts, especially those of the United Nations. He commended the work of the United Nations Missions in Guatemala and El Salvador, and welcomed regional initiatives for peace in the region. The constructive course of the implementation of peace agreements in El Salvador had furthered stability in the region. Now, that country required a comprehensive approach to post- conflict peace-building, with the involvement of the United Nations Development Programme (UNDP) as well as the international financial institutions.

He said that, despite outbreaks of violence in Guatemala, a number of important agreements had been reached to further the peace process there. Both parties must faithfully comply with their commitments. Based on the mutual goodwill of the parties, specific agreements could be reached on the remaining unresolved issues.

General Assembly Plenary - 10 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

He welcomed Nicaragua's efforts to achieve development, stating that the main task facing that country was to prepare for next year's elections, thus furthering the process of democratization. The political and economic cooperation which was gaining ground among the Central American countries was also welcome. The stabilization processes in the subregion were proceeding at an uneven pace; there was evidence of political problems in some areas. International assistance was required to help the Central American countries prevent new outbursts of violence and strengthen an atmosphere of tolerance and respect for human rights. Russia, which had long provided support to the region, would continue actively to cooperate towards consolidating peace in Central America.

JUAN A. YANEZ-BARNUEVO (Spain), speaking on behalf of the European Union, said the Union followed with great interest the progress of the Central American countries towards peace, freedom, democracy and development. The 1987 peace initiative of Equipulas had opened the door to the mediation process, which had allowed gradual resolution of the cruel armed conflicts of the region. The participation of the international community had facilitated the positive outcome of the peace process.

He said Nicaragua's elections to be held in October 1996 would represent an important step in the consolidation of democracy and the foundations for reconstruction. Upcoming elections in November in Guatemala would enable that country to join the regional dynamic. The European Union was sending observers for that election. It had condemned the tragic events of 5 October in Chisec Municipality and demanded investigation and punishment of those guilty.

He said the United Nations decision to extend the MINUGUA's mandate was a contribution to the Guatemalan peace process. He urged both parties to comply with their commitments under the comprehensive agreement on human rights and to put the MINUGUA's recommendations into effect. On El Salvador, the renewal of the MINUSAL mandate had been necessary, among other reasons, because some elements of the peace accords remained incomplete. The recommendations of the Commission on Truth and the Joint Group on Judicial reform were also pending, as were electoral reforms.

He said the General Assembly and the Economic and Social Council had proven to be appropriate forums for consideration of regional developments. He urged the Secretary-General to continue encouraging various organs of the United Nations to assist in the economic and social development of the region. He considered particularly important efforts towards a coherent development strategy for the region and the elaboration of a regional security accord.

JUAN JOSE CASTELLI (Argentina) said he shared the Secretary-General's outlook that the region could be free of armed conflict and that reforms would allow for the consolidation of sustained development. He also encouraged the peace process in Guatemala. His country would co-sponsor the resolution to extend the MINUGUA's mandate.

General Assembly Plenary - 11 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

He said Central America had not been unaffected by emerging global trends. It was overcoming a difficult phase of internal conflicts. Support could be expressed in financial help for investment and growth. His country was firmly committed to economic and necessary technical assistance. It was convinced that recovery and economic development were essential to peace. Argentina had set aside 40 per cent of its horizontal assistance funds for the Central American region.

ROBERT R. FOWLER (Canada) said that important progress had been made in the implementation of the El Salvador peace accords. The MINUSAL's mandate had recently been extended to implement the remaining commitments. "We believe, however, that MINUSAL must not be extended indefinitely and we encourage the Government of El Salvador to redouble its efforts to ensure the prompt, transparent and thorough implementation of its commitments under the peace accords", he said.

The low-cost form of preventive diplomacy used in Nicaragua had served to assist that country's Government and people in conducting a dialogue on critical economic and political issues, he said. Regarding Guatemala, he expressed concern over the situation described in MINUGUA's report and the subsequent massacre at Xaman in Alta Verapaz. "We urge the Government of Guatemala and other concerned parties to consider seriously the recommendations of MINUGUA and to work hard to give them effect, particularly with regard to the problem of impunity."

He went on to welcome the trend towards institutional cooperation and economic integration in Central America, stating that one of the fruits of that process was the Alliance for Sustainable Development, which would serve as an effective tool for development. "In the end, the fate of the peace process in Central America lies in the hands of its peoples and their governments", he said.

JAKKEN BIORN LIAN (Norway) said it was of paramount importance that the Central Americans persevere in their efforts towards further normalization, reconstruction and reconciliation. Regarding Guatemala, it was hoped that it would be possible to conclude the partial agreement on socio-economic aspects and the agrarian situation before the inauguration of the new President in January next year. It was important both that the new President as well as the major political parties in the new National Assembly feel a commitment to the peace process, and that various sectors of Guatemalan society -- including those who may have to renounce some of their privileges to create a better future for all Guatemalans -- display a constructive spirit. A massive participation in the 12 November elections would be an encouraging testimony that the Guatemalans were ready to take their destiny in their own hands.

He said that for El Salvador a well-organized, independent police force was fundamental for the further consolidation of the peace process. In Nicaragua, cooperation between the Nicaraguan Government and the National Assembly could still be improved. He hoped that elections would be held in October 1996 as scheduled so that a new President and a new Government could

General Assembly Plenary - 12 - Press Release GA/8991 54th Meeting (AM) 9 November 1995

initiate the second stage of the democratic transition. Norway was prepared to continue its assistance to Nicaragua, but emphasized that international assistance could only be a supplement to national efforts to assure continued positive social and economic progress.

EDWARD A. LAING (Belize) welcomed the fact that the flow of refugees from some areas had been stemmed, but said that in others, the tide continued, with serious effects on host countries such as Belize. On the whole, Belize was optimistic about the region's prospects. It was an enthusiastic participant in the Alliance for Sustainable Development. Regrettably, the report and draft resolution did not fully reflect Belize's contribution. Belize was convinced, however, that it would eventually assume its rightful place as the bridge to the Caribbean. The region's competitive advantages must be grasped. Belize's stability and its official language were assets in that regard. Belize would make its greatest possible contribution to the process.

The Assembly President, DIOGO FREITAS DO AMARAL (Portugal), announced that action on the draft would be taken at a later date in order to allow time for the Fifth Committee to review it.

* *** *