WRITTEN QUESTION E-0422/03

by Erik Meijer (GUE/NGL) to the Commission

(17 February 2003)

Subject: Failure resulting from deliberate opposition of the peace agreement following the civil war and dictatorship in Guatemala

1. Does the Commission recall that between 1954 and 1996 the Central American state of Guatemala was in a state of permanent and violent conflict, which left 200 000 dead, between a government with strong links to the military and foreign business interests on the one hand and, on the other, the largely rural Indian population and some urban workers, and that this conflict finally came to an end with the signing of a peace accord and the establishment of a Truth Committee?

2. Is the Commission familiar with the conclusion of the UN observers that while it is true that the state is not, as in the past, directly responsible for wholesale violation of human rights, it has nevertheless in the past three years again taken a wrong turn, in that the recommendations contained in the final report of the Truth Committee (including investigations into the fate of 50 000 missing persons) are not being implemented, no independent judiciary is being put in place, the government is not holding any form of dialogue with the population, journalists and other people concerned with human rights are exposed to threats, crimes from the past are going unpunished, the military budget has been greatly increased at the expense of social expenditure, hardly any opportunity for participation by, or strengthening of the socio-economic position of, the Indian population has been established, many political opponents of the ruling group in the province of Quiché have been lynched, the influence of the military on the government has grown, and armed groups with links to the army maintain a strong influence in country areas, while the government lacks either the will or the power to take any action to oppose them?

3. Does the Commission take the view that, in so far as the EU can exert any influence through development ties and trade relations, a reversion in Guatemala to dictatorship and civil war should be prevented by all possible means?

Source: Nederland 2, current affairs programme Twee Vandaag, 3 January 2003

Joint answerto Written Questions E-0422/03 and E-0423/03given by Mr Patten on behalf of the Commission

(26 March 2003)

The Commission has been supporting politically and financially the reconciliation and democratisation in Guatemala since the 80's and is monitoring the situation in this country very closely.

There is a general consensus within the Union and the international community that, despite some progress, a lack of fulfilment of some important elements of the reforms established by the 1996 Peace Agreements to tackle the structural causes of the internal conflict, are yet to be fulfilled. Furthermore, delays in compliance with the Accords on the identity and rights of the indigenous people are undermining the development of the country and a real integration of the indigenous populations.

Many international observers including Minugua (the United Nations mission for the observation of the peace process in Guatemala), have underlined that the positive steps registered in recent months have been overshadowed by worrisome trends in public security and demilitarisation. In addition, increasing infringements of the rule of law and human rights, the growth of threats and violence against human rights activists and justice workers and a deepening polarisation within Guatemalan society are creating serious tension in the country on the eve of the electoral process leading up to the November 2003 elections. Despite some advances in the judicial system, including the condemnation of those behind the murder of the anthropologist Myrna Mack, as well as the proposal to create a Commission to investigate illegal powers and clandestine security forces, impunity has remained endemic for human rights cases since the time of conflict.

Within this scenario, the Commission is taking action in two complementary ways in line with the resolution on Guatemala that the Parliament issued in April 2002, as well as in coherence with the 1998 Council Resolution on indigenous people.

Through political dialogue the Commission and the Member States, constantly remind the Guatemalan authorities and local public institutions of the importance of respecting the dignity and of securing the wellbeing of all Guatemalan people, especially the indigenous people, on the basis of principles of democracy, equality, non-discrimination, peace and social justice.

From the co-operation point of view, the Commission's strategy 2002-2006 for co-operation with Guatemala (CSP) is aimed at sustaining the Peace Accords and at breaking the cycle of poverty and exclusion that affects mostly indigenous people. This strategy focuses on the following sectors: good governance; consolidation of the rule of law and protection of human rights; local development based on participation, inclusion and equity; equitable economic growth and job creation. The indicative financial resources for Guatemala under the two main Community budget lines for Latin America (Financial and Technical, Economic Co-operation) is EUR 93 million.

The Commission has been financing concrete actions in favour of indigenous people in sectors such as health, education, reinsertion of refugees and gender promotion. These initiatives will be reinforced within the next months by means of a series of co-operation programmes aimed at sustaining the access of the indigenous people to the judiciary system, supporting the National Attorney's Office by creating a Fiscalía indígena, a specific department to deal with the promotion of the rights of indigenous people and sustaining the Procuradoría de los Derechos Humanos (the Ombudsman's office) in following up the situation of the indigenous people at local level.

Additionally, the Commission is preparing complementary initiatives, aimed inter alia at reinforcing the participation of the civil society, consolidating the State's decentralisation process, promoting gender and human rights and developing rural areas, whose beneficiaries will be mostly the Mayan origin people.

Guatemala is also a Latin America focal country in the framework of the EU Initiative for Human Rights and Democracy (EIHRD) for the period 2002-2004, which provides support in different priority areas, such as the fight against racism and xenophobia, intimidation and impunity and reconciliation and torture. The Commission will also support a National Observatory for Human Rights dealing with indigenous people and is also involved in the preparation of a report on Rights of indigenous people and its accomplishment in Guatemala to the special United Nations Rapporteur for indigenous people.

It is also worth underlining that the coherence and co-ordination of the Commission's initiatives in Guatemala are reinforced by the so called Mesodialogo, which is a permanent forum on community co-operation with Guatemala composed of the Commission, the Member States, the Guatemalan Government, local and European non-governmental organisations (NGOs). Within this framework, a specific sub-group dealing with indigenous people's issues was established in December 2002.

Concerning the potential participation of general Ríos Montt in the next presidential elections, the Frente Republicano Guatemalteco (FRG), the Government's party, has not yet decided who will be the party's official candidate. Furthermore, the Commission understands the Constitutional Tribunal has already expressed itself against the candidature of Mr Ríos Montt in previous occasions and would re-examine the case if necessary.