HUMAN RIGHTS COMMITTEE WELCOMES CANDOUR OF GUATEMALA, AS IT COMPLETES CONSIDERATION OF REPORT

28 March 1996

Press Release
HR/CT/464

HUMAN RIGHTS COMMITTEE WELCOMES CANDOUR OF GUATEMALA, AS IT COMPLETES CONSIDERATION OF REPORT

19960328 Chairman of Guatemala's Presidential Human Rights Committee Expresses Thanks for International Monitoring of Human Rights Situation

Expert members of the Human Rights Committee this afternoon welcomed the candour of the delegation of Guatemala in presenting their country's report on its compliance with the International Covenant on Civil and Political Rights, as the Committee concluded its consideration of that report.

While drawing attention to continuing human rights problems, members of the Committee expressed optimism that, with the end of its civil war, Guatemala would be able to establish a new culture of peace.

"My feeling is one of hope", the expert from Ecuador said. Speaking as a Latin American, he applauded the plans that were being undertaken to change Guatemala's institutional structure. Nevertheless, he felt concern and sadness at the persistence of impunity and continued violence. Prosecutors and judges were still very fearful. How much time would be needed to change that?

A culture of peace and confidence must be established in Guatemala, the expert from Chile said. While she welcomed the Government's willingness to end the war, she wondered whether the economic power of the military would allow the war to end. She urged the Government to take measures on an urgent basis to address the situation of women and children.

Guatemala had shown a will to improve its human rights situations and despite problems, progress had been achieved, the expert from Venezuela said. The Government should leave the door open for victims to exercise the right to know the truth about violations of which they were victims.

The expert from Costa Rica joined in welcoming the candour expressed by the delegation of Guatemala. There had been ups and downs in the peace process. It was hoped that progress would be more positive now, as so many millions in the region now believed. He stressed that, to end the culture of fear, there must also be an end to the culture of violence which caused it.

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In a closing statement, Vincente Arranz Sanz, Chairman of Guatemala's Presidential Human Rights Committee (COPREDEH), said he was extremely touched by the comments made and the concerns expressed by the experts. He thanked the international community for its efforts in monitoring the situation of human rights in his country. Guatemala could not afford to have the door of hope closed to it now. The delegation had told the truth, because Guatemala wanted to begin to walk on the path of truth.

Statements were also made by the experts from Germany, India, Israel, Australia, United States, United Kingdom, France, Egypt and Jamaica. Also speaking for Guatemala was Dennis Alonzo Marariegos, Executive Director of COPREDEH.

The Committee will meet again at 10 a.m. Friday, 29 March, to consider its draft general comments on article 25 of the Covenant. That article concerns the right to take part in public affairs, to vote or be elected, and have access to public service.

Committee Work Programme

The Human Rights Committee met this afternoon to continue consideration of the initial report of Guatemala on measures taken to implement the provisions of the International Covenant on Civil and Political Rights (document CCPR/C/81/Add.7). (For background information on the report, see Press Release HR/CT/459 of 26 March.)

Discussion

MARCO TULIO BRUNI CELLI, expert from Venezuela, sought information on the crime of concubinage, and also on the separation between the police and the armed forces in zones of conflict.

Responding, DENNIS ALONZO MAZARIEGOS, Executive Director of the Presidential Human Rights Committee (COPREDEH) of Guatemala, said that concubinage referred to a married man living with a lover and was different from adultery.

VINCENTE ARRANZ SANZ, Chairman of the Presidential Committee, said that in accordance with an agreement signed on 5 October 1995, it had been agreed that there should be no military presence in zones of conflict.

Mr. ALONZO MAZARIEGOS said every person had free access to courts and legal offices, and foreigners could use a diplomatic channel if they had that access denied. The right to hold peaceful meetings without weapons was guaranteed. There was no need for authorization, just that notice should be given to the competent authority.

Mr. ARRANZ SANZ said measures were being taken to bring the Constitution into line with agreements signed concerning indigenous populations. A fund for indigenous development had been adopted to deal with the matter of indigenous lands, which was coordinated by the indigenous population. A land survey was being undertaken, he said, adding that there was no accurate cadastral survey of land in Guatemala. That a was a major problem because it led to abuses. The invasion of land was also a source of concern. There were claims of prior ownership of property. Procedures had been carried forth to compel people to leave their lands. The Government had undertaken a major campaign to purchase farms to sell lands to refugees as a supplemental measure to the land survey.

He said that many of those points could not be dealt with in greater detail because they still had to be negotiated between the Government and the Unidad Revolucionaria Nacional Guatemalteca (URNG). There had been an unofficial relationship between the Government and the URNG. Although those who had taken up arms were considered to be enemies, there was a dialogue, a

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relationship of good neighbourliness. There had even been discussion of a legal arrangement, so the URNG could be part of the political life of Guatemala.

Mr. ALONZO MAZARIEGOS said reports on disappeared persons had been submitted to the United Nations working group on enforced disappearances and the group had said the country was up to date, although further information was requested on certain cases.

ECKART KLEIN, expert from Germany, said he had asked about Guatemala's failure to provide a legal norm which would meet the obligations of article 9 (5) of the Covenant -- that was the obligation for compensation in case of a violation of article 9. [Note: Article 9 deals with the right to liberty and security of person. Paragraph 5 states that "Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation."]

Mr. ARRANZ SANZ said neither Guatemalans nor others could make a claim against the State as a result of civil disturbances or disorder. However, it was a humanitarian duty to help victims of human rights violations. Such assistance would be effected through civilian and governmental economic programmes, directed to those who needed it the most.

JULIO PRADO VALLEJO, expert from Ecuador, said that, as a Latin American, it was urgent that he say something in response to Guatemala's report and the information which had been presented. He applauded the information provided this morning by Mr. Arranz Sanz, who had been "very open indeed -- he didn't conceal anything". That approach had demonstrated the good will on the part of the Guatemalan Government.

"My feeling is one of hope", he said. He applauded the plans which were being undertaken to change the institutional structure of Guatemala. There had been some positive results. There had been two successive civilian Governments in the country -- that was very important.

He said he also felt concern and sadness at the situation in Guatemala, which continued to be grave. The state of impunity persisted, despite the Government's efforts to do away with it. There were problems in the rural areas. There was still violence. The civilian defence patrols continued, although, fortunately, no new ones had been created. Prosecutors and judges were still very fearful. How much time would be needed to change that?

PRAFULLACHANDRA NATARWARLAL BHAGWATI, expert from India, said he had been out of the room for a few moments and asked whether two of his questions had been answered. They were: could a foreigner have access to the court or must a remedy be pursued only through diplomatic channels? What was the

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length of the notice which must be given to the competent authority before a gathering could be held or demonstration staged? He also wanted to know if there was a provision in the civil code for the husband to contest his wife's employment if he was able to provide support for her. If that was so, did it not constitute a denial of equal opportunity?

Mr. ALONZO MAZARIEGOS said the first two questions had been answered, but he would be happy to repeat those answers. If justice was not available to a foreigner through other means, diplomatic means could be pursued. There was no need to obtain permission for the holding of gatherings, but it was necessary to give prior notice of such meetings. With regard to a husband contesting his wife's employment, such an action would not be constitutional.

Mr. ARRANZ SANZ said there were very few people who read the Mayan language, even if they spoke it. There was a large educational programme on democratic culture and human rights for those employed by the government. More than 97,000 people had benefited from that programme in a single year, and each received a copy of the full text of the Covenant. The programme was carried out in most public and private libraries throughout the country, and most of the trainers knew the Mayan language.

The human rights office had a network of 37 radio broadcasts aimed at providing human rights education, including the various Covenants, he continued. It covered the various territories of Guatemala in Spanish and the four principal Mayan languages. There had also been extensive human rights training for the police, which always included the rights covered by the Covenant. The COPREDEH issued a press release on the activities of the Human Rights Committee, which was circulated to the main media in Guatemala. However, the report now before the Committee had not yet been distributed.

As a State and a society, Guatemala had been endeavouring to eliminate factors which were limiting compliance with the Covenant, he said. The economic crisis created conditions which resulted in violations of the Covenant. For many years, resources needed for the population had been devoted to military expenditures. There was now a peace process under way which should help reverse that process.

He said there had been legal reforms aimed at achieving equality between men and women. Among those were reforms to the labour code which prohibited discrimination in employment. In practice, equality between men and women had not reached desirable levels, owing to de facto discrimination resulting from erroneous ideas in society. However, the situation was undergoing positive change on a daily basis and there was now a national office for women. Nevertheless, the idea of a social division of work based on biological differences between men and women persisted.

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He said the United Nations Standard Minimum Rules for the Treatment of Prisoners would be taken fully into account within Guatemala's prison system. Activities had been carried out to inform prisoners of their rights under those Rules.

On the freedom of assembly and association and to participate in public affairs, he said the rights in question could be suspended in the face of grave threats to the Republic. In such a case, a decree would be announced in the Council of Ministers and the law of public order applied. The decree must specify the reasons justifying the decision, the territory affected and the time period during which it would be in effect. It could not be extended for more than 30 days at a time. Freedom of conscience and expression could only be limited in certain specified situations, where such restriction was deemed to be in the public interest.

Overall levels of violence and intimidation affected the work of journalists in Guatemala, according to a report of the United Nations Human Rights Verification Mission in Guatemala (MINUGUA), he said. On the problem of street children, he said a standing board for children had been established within COPREDEH. Although its goals had not yet been achieved, the work of the board had already yielded some fruit.

DAVID KRETZMER, expert from Israel, said that in countries which retained the death sentence, it might be imposed only for the most serious crimes. Guatemala's report was quite laconic on the matter, saying only that no woman or child had been executed. The law had apparently been expanded to apply the death penalty for the crime of trespass. He asked for clarification on that.

There was information stating that Guatemalan law banned strikes by agricultural workers at harvest time, and that the Government could ban strikes which it believed would affect the national economy. It had also been said that the law allowed the Government to use the police to prevent such strikes. Was all that, indeed, the case? What steps was the Government taking to protect trade union leaders?

CECILIA MEDINA QUIROGA, expert from Chile, wished to know how the right to information was limited under Guatemala's Constitution. Was the reference to professional associations being mandated related to ethical questions or did it apply only to trade unions?

ELIZABETH EVATT, expert from Australia, drew attention to efforts to remove discriminatory features from the criminal code. Information had been received about discriminatory aspects of the civil code in Guatemala. Was the civil code also to be revised? Was thought being given to educational

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programmes in human rights for the judiciary, to provide information about the Covenant and other international instruments?

Mr. ARRANZ SANZ said that homicide and assassination were crimes still covered by the death penalty. There was also a law imposing the death penalty for the crime of kidnapping. It had been enacted by Congress and the Executive had opposed it.

Mr. ALONZO MAZARIEGOS said there was the right to form trade unions and one would not be fired for doing that. In 1994 there had been a reduction required on the amount of paper work required to form a trade union. He added that national security issues were decided by the President. Further, in December 1995 a seminar had been conducted to identify possible causes of unconstitutionality on sections of the Civil Code.

Mr. ARRANZ SANZ added that the issue of "maquiladoras" and the fact that their workers did not have any rights was a matter of concern to the Government. So it was attempting to have minimum conditions applied to the "maquiladoras". Also, the right of association required that the individual belonged to a professional association, with the exception of journalists, as they had never formed a professional association. Finally, the issue of how to handle international norms in the framework of human rights was among matters in the curricula of a special training school attached to the judiciary.

Concluding Observations

MARCO TULIO BRUNI CELLI, expert from Venezuela, said the delegation was of a high calibre and had given very good answers. The oral exchange had been much better than the written report. Guatemala had shown a will to improve its human rights situation and, despite problems, progress had been achieved. The new administration was giving indications of applying the law well and dealing with the military. In almost 10 years of civilian government there had been several improvements on how the country dealt with human rights, including the fact that it had become party to the Covenant. Those were very important formal steps.

The MINUGUA had been created and there had been good cooperation between the international community and Guatemala in human rights issues, he continued. However, that was just the beginning of a process. The war continued. Negotiations with the URNG had been interrupted time and again, sometimes for trivial reasons. Also, the ongoing postponement of the final agreement added to the suffering of the civilian population of Guatemala. Unresolved problems included those of impunity, returnees and the Civil Self- Defence Patrols and their involvement with torture and other human rights violations.

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For a long time, he said, non-governmental organizations had been raising the issue of the Patrols with the Government. That mechanism of self- defence, which was also used in El Salvador and Peru, had led to very bad results in other Latin American countries, because when peace was achieved they ended up becoming paramilitary groups. In a way, the Patrols were a problem today and when peace arrived the problem could become worse. After so many years, the Patrols were still an unresolved problem. The Government should leave the door open for the exercise of the right of the victims to know the truth. It had been a good dialogue and a good beginning, although much remained to be done.

CECILIA MEDINA QUIROGA, expert from Chile, praised the performance of the delegation, which had given a good overview of what happened in Guatemala. She also expressed admiration for their courage. A culture of peace and confidence must be established in Guatemala. She expressed satisfaction over the willingness to put an end to war, but she wondered whether the economic power of the military would allow the war to end. To negotiate posts in the judiciary was not good for the future and for democracy. She urged Guatemala to review the issue of how to supervise the courts. Persons appointed privately to the courts were a dangerous practice. She urged Guatemala to take measures on an urgent basis to address the situation of children.

THOMAS BUERGENTHAL, expert from the United States, associated himself fully with the comments of the experts from Venezuela and Chile. He said he had originally characterized Guatemala's report as "a fairy tale". For example, the report stated that human rights were observed and that any infringement was immediately brought to the attention of the authorities. It said that any person responsible for human rights violations was brought to trial. He welcomed the delegation's repudiation of that report, and only wished it could have been rewritten.

The candour of Guatemala's delegation demonstrated the Government's commitment to put an end to years of massive human rights violations, he said. Without such candour, nothing would ever change in Guatemala, for that was the first step. It was unlikely, however, that there would be much progress until the war came to an end and peace was established. In the past, the military set the policy for the peace negotiations. It was hoped that the new Government had the power and political will to marginalize the role of the military, which seemed to have a vital stake in the continuation of war.

He said he was sceptical of the assertion that the military was now on the side of peace and could be counted upon and could only receive that in the spirit of "from your lips to God's ears". A truth commission which didn't mention any names was very dangerous. It was important to set up a compensation scheme for the victims of violations. Some measures must be

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taken against those who had enriched themselves by violating the rights of others.

He said he very much hoped the United Nations would find the funds to continue and strengthen the presence of MINUGUA in the country for at least another year. Without such a strong United Nations presence, it would be impossible to break the hold of those groups in Guatemala which had a strong interest in continuation of the conflict. He thanked the delegation for a candour that was not often seen in such meetings of the Human Rights Committee.

Lord JOHN MARK ALEXANDER COLVILLE, expert from the United Kingdom, said that, for many years, human rights in Guatemala had been subject to the violence of civil war. There had been a complete lack of confidence in the authorities and the judicial system by the population of Guatemala, because there had been no rule of law. The courts had been slow or had not functioned at all. There must be some supervision of the judicial process.

The delegation had stated that the war has ended and that the military had accepted that, he said. If that was true, the time had come for a complete change of priorities to civilian rule, by a civilian government, through civilian forces and agencies. The Government should consider a major switch in resources to reinforce the police, the courts and the rule of law throughout the country. If that was done, there should be no reason for the civil patrols to exist. They could then be disbanded and their powers handed over to a trained and disciplined police force.

If Guatemala's supreme electoral body remained in charge of elections, there would be no cause for concern about their fairness, he said. The information the Committee had received augured very well for the future of Guatemala. The delegation had given a very honest account of the situation, for which he thanked them very sincerely.

CHRISTINE CHANET, expert from France, expressed appreciation for the frankness of the delegation and the strength of conviction showed by Mr. Arranz Sanz. The military must be compelled to accept civil power, because without that it would be very difficult to reverse trends in Guatemala. The winds of hope had affected all members of the Committee. She expressed the hope that those efforts would succeed. She associated herself with statements already made concerning the written report and the usefulness of the oral information provided.

OMRAN EL-SHAFEI, expert from Egypt, thanked the delegation for the information provided. The written report had been a shock, as it stated that everything was beautiful in Guatemala. The oral presentation had been different and productive, revealing the real difficulties, including the

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economic situation, the illiteracy and land problems. Those were not unsolvable problems. Other countries had faced them and had found solutions to them.

The situation had certainly improved, but it was still in a transitional period, he added. There was still State violence and those responsible for such violence had not been arrested. The reality of the country did not prompt a belief that there would soon be a change of heart in all Guatemalans. However, the solution to those problems was in the rule of law.

ECKART KLEIN, expert from Germany, stressed that all efforts should be made for the domestic law to be in full compliance with provisions of the Covenant. He was touched by the determination of the new Government to deal with the problems, including cleansing the security forces. Those trials must take place, and not just be announced. He was grateful to the delegation for their frankness, especially in view of the climate of fear that still prevailed in Guatemala. The attitude of the police towards street children must be changed dramatically, he emphasized.

ELIZABETH EVATT, expert from Australia, said that she had also been disappointed with the written reports and grateful for the oral presentation. The problems of Guatemala were immense. The most used word during consideration of the report had been "impunity". Murder, violence and threats were used to counter opposition to the aims of those with power, particularly economic power. The victims were the poor people of Guatemala, such as street children, who were already victims. There must be a vigorous prosecution of every offender. The problems were so overwhelming that she did not how to judge. It was for the people of Guatemala to pass judgement on what the Government had committed itself to do. "I wish you well", she concluded.

DAVID KRETZMER, expert from Israel, agreed that it was difficult to say what Guatemala should do. Guatemala was in a situation where in practice all the Covenant articles were being violated. In order to protect human rights, it was just as important to strengthen the institutions of civil society. The trade unions were one sector of several that were operating under Guatemalan law, but many of its members were subjected to threats, violence, rape and harassment. He suggested that the Government make sure the institutions of civil society could operate without intimidation. He fully endorsed the statement of the expert from Chile concerning street children.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, said the dialogue had been constructive and fruitful and would be helpful to the Government in its efforts towards democracy and the rule of law. He expressed satisfaction over the fact that the military had changed its perspective, although he was a bit sceptical. When a group had enjoyed power it was difficult to give it up. Impunity could not be accepted in cases of violations of human rights.

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Guatemala was facing poverty, illiteracy and other problems common to third world countries. Those problems were solvable, although iron will was required.

LAUREL FRANCIS, expert from Jamaica, said the presentation by Guatemala's delegation had convinced him that progress had been made and left him with a feeling of optimism. Social services must be made to flourish, in the interest of the peoples of Guatemala and in the interest of peace and prosperity for all.

FRANCISCO JOSE AGUILAR URBINA, expert from Costa Rica and Committee Chairman, wondered whether, as a Central American, he should take the floor. Central America was a large homeland and, in that sense, it was one. Nevertheless, he joined in welcoming the candour expressed by the delegation of Guatemala. There had been ups and downs in the peace process. It was hoped that progress would now be more positive, as so many millions in the region now believed.

Unfortunately, the problem in Guatemala was not 40 years old but nearly five centuries old, he said. The situation was characterized by poverty, discrimination and violence. To put an end to the culture of fear was a common hope, but to do that the culture of violence must also end.

In concluding remarks, Mr. ARRANZ SANZ, Chairman of the Presidential Commission, said he was extremely touched by the comments made and the concerns expressed by the experts. When hearing such statements of honest concern one had to become even more committed. It was an enormous responsibility "and we assume it". He thanked the international community for its efforts in monitoring the situation of human rights in Guatemala.

Recalling that former President Ramiro de Leon Carpio had called on the international community to "put pressure on us" and to "put pressure on the URNG", he requested the Committee to "open a path of hope to us, as you did today". Guatemala could not bear having the door of hope closed to it. Guatemala and the current Government had hope and the Committee's support was much welcome. The delegation had told the truth, because Guatemala wanted to begin to walk on the path of truth.

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