Update
- Author: Research Directorate, Immigration and Refugee Board, Canada
- Document source:
-
Date:
1 July 1994
1. POLITICAL DEVELOPMENTS
In May 1993, halfway through his five-year mandate, President Serrano's attempt to seize extra-constitutional powers by closing down congress and elements of the judicial system backfired. Lacking support from the military, and amid popular protests, Serrano had no choice but to step down (Human Rights Watch Dec. 1993, 100). Congress reconvened and in June elected the ombudsman for human rights, Ramiro de León Carpio, as president for the remainder of Serrano's term (ibid., 101).
Expectations ran high after de León promised greater democracy and a purge of corruption in government (Country Reports 1993 1994, 449). However, it is reported that he has been unable to purge corruption in congress, and his attempted reform of the judiciary has been described as "disastrous" (Christian Science Monitor 10 June 1994). Early in his mandate both the media and grass-roots organizations were describing his economic and social measures as mere continuations of the past administration and its economic adjustment program (CAR 9 July 1993, 197). Lacking a political party to support him, the new president is reported to have made concessions to Guatemala's "powerbrokers," striking an alliance with the army and business sectors instead of consolidating a power base of his own (LP 3 Feb. 1994, 1; San Francisco Chronicle 2 Feb. 1994).
De León has filled the army's highest posts with officers considered to be more loyal to the institution of government than other officers (CAR 9 July 1993, 199; ibid. 11 Feb. 1994a, 5). But the situation is not necessarily stable: there are reports that other factions within the military, described as "hardliners", and some of those officers who were removed from key positions following Serrano's resignation, have been plotting to overthrow de León (ibid.). Apparently, the hardliners are unhappy with peace negotiations between the government and rebel forces (ibid.). They appear to be restrained by fear of United States opposition to a coup and by the lack of support from the Guatemalan business community (ibid.; LAWR 24 Feb. 1994, 80; La Jornada 27 Feb. 1994).
An increase in violence has included high-profile political killings, such as the murder of the president of the constitutional court in April and of a labour leader in Quetzaltenango in early June (Miami Herald 1 Apr. 1994; Los Angeles Times 15 May 1994; IPS 6 June 1994). Attacks on foreigners have greatly damaged tourism, one of Guatemala's principal sources of revenue (Los Angeles Times 15 May 1994; Miami Herald 14 Apr. 1994). Those responsible for the assassinations of the constitutional court president and the labour leader have not yet been identified; however, two of those arrested following a mob attack on a United States tourist, whom they accused of kidnapping children for the purpose of selling their organs, were said by the director of the Human Rights Office of the Archbishop to be agents from the army's intelligence service (San Francisco Chronicle 28 Mar. 1994). The Attorney General for Children has stated that the attacks on foreigners appear to be an attempt "to cause problems for the government," while other government officials place them in the context of the army's attempt to counter civilian efforts to diminish the influence of the military (Dallas Morning News 10 Apr. 1994).
The escalation in violence has been attributed to extremists who seek to forestall concessions by the government at peace negotiations with the guerrillas and to discourage political reforms (Miami Herald 1 Apr. 1994). Former president Vinicio Cerezo has blamed "hard-line ousted military officers and right-wing civilians" trying to topple De León Carpio" or to further erode his already limited power (ibid.). Cerezo has also stated that the military is encouraging the violence to establish the climate for a coup (Christian Science Monitor 10 June 1994). Some analysts suggest "a ring of unnamed politicians, military officers and business people intent on stemming political reform" in order to protect their investments in defrauding the state and in trafficking in illegal goods (CAR 15 Apr. 1994, 2).
Weaknesses in the military's support for de León became evident when the former head of the Defence Chiefs of Staff, General Quilo, directly accused the president of having attempted to politicize the army by ordering the half-million members of the rural civil patrols (PACs), which are under the control of the armed forces, to proselytize in favour of a "yes" vote in the referendum on constitutional reform (CAR 4 Mar. 1994a, 5-6). The president has argued that he merely asked the military and the country to encourage participation (ibid.).
General Quilo, also rumoured to have been involved in a conspiracy to stage a coup, was removed from his post on 18 February 1994 and given early retirement, a move that the General claimed was premature, while the government argued that his term in office had been completed (ibid.).
On 30 January 1994, de León held a referendum on 43 constitutional reforms drawn up jointly with congress. Some of the reforms would provide for the early election of a new congress to serve the remainder of the present term (until 1996), the naming of a new Supreme Court, and limit the power of congress and the presidency to make judicial patronage appointments to the justice system (CAR 19 Nov. 1993, 345-47; LP 3 Feb. 1994, 1). Although the proposed reforms were approved, the level of abstention has cast doubt on the legitimacy, not just of the referendum results, but of the political system itself (ibid.). More than 80 per cent of the electorate abstained from voting, and with a more than a 50 per cent illiteracy rate and a variety of indigenous languages, a ballot with proposals written only in Spanish may have been beyond the grasp of many who did vote (ibid.).
The high abstention rate in the January 1994 referendum has also been interpreted as perceived support for the guerrillas, as the Guatemalan National Revolutionary Unity (URNG) had called on the population to refrain from voting (LP 3 Feb. 1994, 2; San Francisco Chronicle 2 Feb. 1994). However, according to one source, the guerrillas have been unable to pose a serious challenge to the army and thus are considered to have limited bargaining power at the ongoing peace talks which resumed on 3 March 1994 in Mexico (Houston Chronicle 3 Mar. 1994).
De León called in February 1994 for a "Great National Agreement" (GAN) among government, business and labour, to advance social and economic goals (CAR 18 Feb. 1994b, 5). The proposal, however, has received a cold reception: labour organizations rejected it up front, while a coalition of religious, human rights and other organizations called the Civil Sector Coordinator expressed concern that the GAN could be an attempt to divert attention from the peace talks (ibid., 6). Overall, the proposal and its failure may have further eroded public confidence in de León and his administration, which is perceived as weak and ineffective (ibid.; LP 3 Feb. 1994, 1-2; San Francisco Chronicle 2 Feb. 1994).
Despite a contrary decision by the Supreme Court, the president's intention to hold legislative elections was confirmed by the constitutional court (La Jornada 29 Apr. 1994). The elections, now scheduled for 14 August 1994, should allow the president to "clean up" congress, reduce its powers and appoint a number of new magistrates (ibid.). The new legislature is scheduled to assemble on 16 September; the parties competing for the seats, however, are those which currently occupy them (CAR 10 June 1994, 2-3).
2. HUMAN RIGHTS SITUATION
Despite the new president's background as a vocal critic of violence and of impunity of those in authority, various sources report an increase of human rights abuses during his first months in office. Although the Guatemalan organizations monitoring human rights provide differing statistics, they agree that violence rose significantly in 1993 in comparison to the previous year, from 6,730 different violations reported in 1992, to 13,339 in 1993 (CAR 28 Jan. 1994, 5; Miami Herald 17 Feb. 1994). The government, through its human rights ombudsman, Jorge Mario Garcia Laguardia, attributed the reports of an increase in violations to the notion that more people were willing to come forward and denounce cases (CAR 28 Jan. 1994, 5). The Human Rights Office of the Catholic Archbishopric attributed the 1993 increase in part to a "state of ungovernability" and a very weak government (La Jornada 17 Feb. 1994).
Country Reports 1993 describes the police and the judicial system as generally ineffective, and states that the security forces are held responsible for most of the ongoing abuse, noting that in the rural areas most abuses are committed by the civil patrols (1994, 448). According to Central America Report, most Guatemalan political analysts and journalists who commented on the report disagreed with the Country Reports statement that the general situation had improved in 1993 and pointed out omissions such as an attack on three local journalists which is not being adequately prosecuted (11 Feb. 1994b, 6). In June 1994, there were reports of legal proceedings being undertaken against civil patrollers accused of having committed abuses, although these proceedings are described by one source as "the exception rather than the rule" (CAR 10 June 1994, 2).
Country Reports 1993 also reports that journalists have been operating more freely under de León than at any other time, although threats and attacks against them have continued (1994, 453). Journalists admit to practising self-censorship for fear of reprisals, particularly on issues such as human rights violations, corruption of officials and politicians, and drug trafficking (ibid.). In March 1994, as the president signed an international declaration on free speech, vowing to protect press freedom, he promised that, despite the nearly 50 killings of journalists in recent years, "Guatemala is now a country where freedom of expression has no restrictions" (Miami Herald 15 Mar. 1994). For its part, the army has recently been making an effort at improving its relations with the press, becoming more friendly and accessible for interviews (Miami Herald 5 Mar. 1994).
Human Rights Watch reported for 1993 a continuing "kind of psychological war ... against popular organizations, human rights monitors, labour unionists, and independent journalists" (Human Rights Watch Dec. 1993, 100). Although the authors of the assaults, kidnappings and death threats aimed at these groups were often unknown, Americas Watch states that the intimidation techniques used were similar to "clandestine methods used by the security forces" (ibid.). After one year of De León's government, Human Rights Watch commended some of his reforms while pointing out that some of their impact had been lost due to a waning in the government's commitment to human rights (CAR 10 June 1994, 2). According to a report in Central America Report, Human Rights Watch has stated that "the capacity and will to investigate human rights violations has deteriorated and the military often intervenes in police investigations" (ibid.).
The Centre for the Investigation, Study and Promotion of Human Rights (CIEPRODH) reported a total of 373 extrajudicial executions, 80 attempted murders, 67 persons murdered following abduction or torture, 243 reported death threats and 44 disappearances in 1993 (CAR 28 Jan. 1994, 6). The National Human Rights Coordinating Body reported for the same year 143 extrajudicial executions, 118 attempted murders, 294 death threats, 58 disappearances and 1,472 arbitrary arrests, among other abuses (ibid.). On 4 April 1994 CIEPRODH released a further report which detailed violations for the first three months of 1994: 100 extrajudicial executions, 33 of which showed signs of torture; 42 disappearances; 43 death threats; three illegal searches; and 18 illegal arrests (CAR 8 Apr. 1994, 3).
In addition to an increase in criminal violence and clashes between roving gangs of armed youths known as "maras" in the capital, a sharp rise in violence with political overtones was noted by October 1993 (CAR 22 Oct. 1993, 318). This included bombings and intimidation, particularly against those who advocated a cleanup of congress (ibid.).
A leader of the Mutual Support Group (GAM, a human rights organization) claimed that following de Leon's assumption of office, several death squads had begun operating with the purpose of intimidating the popular movement (CAR 3 Dec. 1993, 365). He went on to say that most of the continuing abuses in the countryside were committed by civil patrols, adding that, although "there were fewer cases of violence against popular movement leaders or organizers" in 1993, "harassment persists through anonymous phone calls, death threats, break-ins and accusations of sympathizing with the URNG guerrillas" (ibid.).
In late 1993, a former agent of the military intelligence service known as G-2 publicly denounced the service's practice of planning and executing kidnappings, torture and murder (LP 30 Dec. 1993, 7; CAR 17 Sept. 1993, 275). Although the allegations are not new, [See various DIRB Responses to Information Requests.] two distinct allegations were made by the defecting agent. One was the extent of collaboration with the service by civilians who serve as informers for money or for power. Secondly, he claimed that although the pretext for torturing and murdering people "was always the victim's supposed involvement with the guerrillas ... the majority of the killings were really over personal disputes unrelated to the guerrillas" (LP 30 Dec. 1993, 7).
Two former soldiers imprisoned for the murder of an American also met the press in late 1993 and described killings, car thefts and drug trafficking involving high level military officers (CAR 15 Oct. 1993, 310; LP 11 Nov. 1993, 6). They discussed numerous executions carried out by the G-2, but two days later retracted their testimony, claiming they had been bribed to make their previous statements. The Guatemalan press points out, however, that members of the army intelligence service had met repeatedly with the men and may have threatened them (ibid.).
The Human Rights Office of the Catholic Church reported "severe attacks" against Guatemalan journalists during 1993, including two murders, seven attempted murders and 22 instances of threats (IPS 22 Feb. 1994). The Inter-American Press Association (IAPA) reported for the year up to November 1993 that one journalist had been murdered in Guatemala. Guatemala was also cited as having one of the highest number of attacks, including explosives and arson, against media installations (LAWR 10 Mar. 1994, 1).
The army's information office reported that guerrilla violations for 1993 included 61 sabotage attacks on infrastructure, 13 murders, 16 abductions and 126 incidents in which civilians were harassed (CAR 28 Jan. 1994, 6). The Catholic Church also reported violations in 1993 by the insurgents, including three murders, 102 abductions, as well as attacks on the infrastructure and recruitment of minors (La Jornada 17 Feb. 1994).
Attacks continued in the second half of 1993 against members of social organizations, human rights monitors, unionists and independent journalists (Human Rights Watch Dec. 1993, 103), and a sharp increase in violence was noted at the beginning of 1994 (CAR 18 Feb. 1994b, 8). For the first 26 days of January 1994, the Catholic Church reported at least 46 extrajudicial executions, 20 murders for non-political reasons, 7 death threats, 10 presumably political kidnappings and between 20 and 28 assassination attempts presumed to have political motives, making it the bloodiest month in the last three years (CAR 28 Jan. 1994, 6; Miami Herald 17 February 1994). By the end of the month, more than 48 death-squad style killings in the country had been reported (San Francisco Chronicle 2 Feb. 1994).
Also in January 1994, fighting between guerrillas and the army was reported in northern Quiché, an area of activity of the Guerrilla Army of the Poor (EGP), and in San Marcos, where the Organization of the People in Arms (ORPA) operates (CAR 18 Feb. 1994a, 8; San Francisco Chronicle 2 Feb. 1994). Both groups belong to the URNG. Although there is practically no direct reporting on the armed conflict, the renewed fighting is said to include areas that had not seen activity in recent years such as Totonicapan, San Lucas Toliman and areas of Quiché other than Ixcan and the Ixil triangle (CAR 4 Mar. 1994b, 6). As the peace talks between guerrilla and government representatives took place in Mexico in late May 1994, fighting was reported in Quetzaltenango (IPS 27 May 1994).
Soon after taking office de León appointed civilian heads "known and trusted by the human rights community" to the National Police and the Ministry of the Interior, who in turn removed military advisers to police department heads and disbanded joint police-military patrols (Human Rights Watch Dec. 1993, 101). These new authorities worked together to remove military personnel from the police and to open a dialogue with critics of the government to the point where human rights advocates could, for the first time, seek protection from the police (San Francisco Chronicle 28 Mar. 1994). Although the reformed police forces intervened in several cases of abuses, they often appear to have failed to arrest police and civil patrol members involved (ibid.). The security forces in general are reported to be regarded as "ineffective, unsympathetic and often dangerous," with crimes rarely investigated and "hardly being solved" throughout the country (CAR 18 Mar. 1994, 2). At the end of March 1994, both the new interior minister and the chief of police were fired; in their place, the president named as minister a former congressman linked to "extreme right-wing, army-linked political parties," and the head of military intelligence as his new vice-minister overseeing the police (San Francisco Chronicle 28 Mar. 1994; Miami Herald 1 Apr. 1994). The new chief of police is a little-known lawyer who will apparently rely much on the vice-minister (ibid.).
Among the achievements of De Leon Carpio is the unprecedented development whereby an army officer was sentenced to 30 years in prison for the murder of an anthropologist, although the "intellectual authorship" of the crime is still being investigated (CAR 3 Dec. 1993, 365; IPS 15 Feb. 1994). However, persons who advocated further investigation of the case suffered threats and intimidation, and the police inspector investigating the case was murdered (Human Rights Watch Dec. 1993, 103; CAR 3 Dec. 1993, 365).
The Presidential Security Directorate known as "Archivos" (files), part of a large security apparatus and regarded as a source of political repression, was dismantled in August 1993, although its repressive activities have not been investigated and its extensive files are reported to have been transferred to the military intelligence apparatus (Human Rights Watch Dec. 1993, 101-02).
In October 1993 two new organizations were created: on the 18th, the National Human Rights Coordinating Body (CONADEHGUA) was formed by representatives of seven Guatemalan human rights groups (CAR 29 Oct. 1993, 328). The next day, representatives from 14 Mayan ethnic groups, at the First General Assembly of Indigenous Delegates, created the Defender of the Mayan Peoples' Rights (ibid.). The Defender will be a coordinating body for various groups advocating Mayan rights, while CONADEHGUA will advocate the rights of women, children and other vulnerable groups (ibid.).
In March 1994 the guerrilla umbrella organization URNG and the government agreed upon a human rights accord during their peace talks. Only one important item was dropped from the proposed accord in order to reach an agreement: the creation of a commission for investigating past abuses (Christian Science Monitor 31 Mar. 1994). The creation of such a commission had been strongly opposed by the military, which argued that it would treat the armed forces unfairly, polarize society and fail to indicate accurately the poorly-documented abuses committed by guerrillas (LP 11 Nov. 1993, 6; Miami Herald 5 Mar. 1994). The agreement reached stipulates the establishment of a United Nations human rights verification team to operate inside Guatemala and a commitment by the government not to amnesty wartime violators of human rights as well as "to combat death squads, professionalize security forces ... and ban forced military recruitment" (Christian Science Monitor 31 Mar. 1994). As a result of the human rights accord a United Nations commission has been dispatched to the country "to establish contact and to make a basic assessment of the human rights situation" (IPS 26 Apr. 1994). The defense ministry has announced that the civil patrols will begin demobilizing in June 1994 in areas where there is no armed conflict although President De León has stated that the patrols as a whole will not be eliminated until the conflict between the government and the guerrillas is ended (IPS 15 Apr. 1994). However, there are allegations that the recently established Committees for Peace and Development, whose well-armed members are reportedly pressuring villagers into joining their ranks, correspond to the Civil Patrols (GHRC 9 June 1994b).
The Bishops Conference has opposed forced military recruitment (CAR 12 Nov. 1993, 341). Although military service is legally compulsory for men 18 years of age and older, the Conference has called on the military to end the "inhumane" and "brutal" practice of rounding up young men in churchyards, markets and cemeteries (ibid.) The Catholic Church has deflected some responsibility from the army high command by attributing probable responsibility to local military commissioners acting independently, and has advocated an alternative social service (ibid.). In spite of the afore-mentioned commitment to ban forced military recruitment, round-ups of youths for military service were reported as recently as early June, in the departments of Quetzaltenango, Sacatepquez and Chimaltenango; some of the youths were released after relatives presented documents proving that they were exempt from service (GHRC 9 June 1994a). Forcible recruitment has also been attributed to the guerrillas, who reportedly coerce children into their ranks and use peasant villagers as shields (Los Angeles Times 15 May 1994).
Updates on developments concerning the peace talks between the government and the URNG and current information on issues related to human rights in Guatemala can be found in the DIRB Indexed Media Review on Guatemala, available at Regional Documentation Centres.
REFERENCES
Central America Report (CAR) [Guatemala]. 10 June 1994. "Guatemala: Keeping the Ship Afloat."
Central America Report (CAR) [Guatemala]. 22 April 1994. "Guatemala: Insecurity Hits Home."
Central America Report (CAR) [Guatemala]. 15 April 1994. "Guatemala: Elections Called Amid Turbulence."
Central America Report (CAR) [Guatemala]. 8 April 1994. "Guatemala: Elections Called Amid Turbulence."
Central America Report (CAR) [Guatemala]. 18 March 1994. "Guatemala: Another Community Rebels."
Central America Report (CAR) [Guatemala]. 4 March 1994a. "Guatemala: Military Chief Tosses Political Bomb."
Central America Report (CAR) [Guatemala]. 4 March 1994b. "Military Activity Steps Up."
Central America Report (CAR) [Guatemala]. 18 February 1994a. "Guatemala: Peace Talks Postponed."
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Miami Herald. 5 March 1994. Edward Orlebar. "Guatemalan Army Practices Charm in Battle for the Heart." (Central America NewsPak [Austin] 7-20 Mar. 1994, p. 5)
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San Francisco Chronicle. 28 March 1994. Trish O'Kane. "A Setback to Move to Greater Democracy." (Central America NewsPak [Austin] 4-17 Apr. 1994, p. 4)
San Francisco Chronicle. 2 February 1994. "Paltry Turnout in Guatemalan Referendum Further Undermines President." (Central America NewsPak [Austin] 7-20 Feb. 1994, p. 4)
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