Document: UN Guatemala Recommendations
On February 25, the UN Commission for Historical Clarification (CEH) published its final report. The CEH, created by the 1996 Oslo Accords signed between the Guatemalan government and the...
...That the executive and legislative branches take all necessary steps to allow the Guatemalan State to ratify those international human rights instruments still pending, as well as the corresponding implementation mechanisms...
...e]stablishment of a National Commission for the Search for Disappeared Children whose aim should be to look for children who have been disappeared, illegally adopted or illegally separated from their parents and of documenting their disappearance...
...Right to habeas data 49...
...the CEH especially recommends: Legal integration 50...
...That, in conformity with the principles of military doctrine and education stated previously, the training programs of the armed forces be subject to drastic and profound revision, especially those conceived specifically for counterinsurgency, such as that known as the Kaibil School...
...Fiscal Reform Considering the Agreement on Social and Economic Aspects and the Agrarian Situation and the need for all Guatemalans to contribute to social development and the improvement of public services, the CEH reiterates: 83...
...3. That the ex-Command of the Guatemalan National Revolutionary Unity, with the primary aim of restoring dignity to the victims, ask forgiveness, solemnly and publicly, before the whole of society, before the victims, their relatives and their communities, and assume responsibility for those acts of violence committed by the ex-guerrillas connected with the armed confrontation that have caused the Guatemalan population to suffer...
...That the Government take the necessary measures to fully incorporate into national legislation the standards of international humanitarian law and that it regularly provide instruction regarding these norms to the personnel of state institutions, particularly the Army, who are responsible for respecting, and in turn engendering respect in others for said norms...
...That the Guatemalan people continue the investigation and analysis of the events of the past, so as to construct firm foundations for the future based on their knowledge of the past, and thereby avert a repetition of the mistakes that provoked the confrontation...
...Elimination of racism and of the subordination of indigenous peoples Given that the relationship between the State and the indigenous population of Guatemala-particularly the Mayan people-has subsisted within an environment of racism, inequality and exclusion, and that this is one of the historical causes of the armed confrontation, measures guaranteeing the protection of the individual and collective rights of the indigenous population, respect for cultural plurality and promotion of intercultural relations, become vital...
...Therefore, it is the responsibility of the Guatemalan State to design and promote a policy of reparation for the victims and their relatives...
...That among the public officials and other personnel employed by the State, room is given, in sufficient number, to indigenous professionals with the qualifications and experience relevant to the demands of the various posts...
...On the basis of these considerations, and considering the appeal for forgiveness made by the President of the Republic on 29 December 1998, and the partial appeal for forgiveness made by the Guatemalan National Revolutionary Unity on 19 February 1998, the CEH recommends: Dignity for the victims 1. That, in the name of the State of Guatemala and with the primary aim of restoring dignity to the victims, the President of the Republic recognize, before the whole of Guatemalan society, before the victims, their relatives and their communities, those acts described in this Report, ask pardon for them and assume responsibility for the human rights violations connected with the internal armed confrontation, particularly for those committed by the Army and the state security forces...
...That the Government promote measures designed to encourage the mobilization of national resources, carrying out urgent fiscal reform that is just, equitable and progressive, as established in the Agreement on Social and Economic Aspects and the Agrarian Situation...
...Specialforces 69...
...That the Government promote, with prior consultation the organizations for human rights, legislative measures specifically orientated towards the protection of human rights defenders...
...This participation is especially important in the case of the Mayan population, which was affected with particular severity by the violence...
...All available legal and material resources should be utilized to clarify the 52 NACIA REPORT ON THE AMERICAS 52 NACTA REPORT ON THE AMERICASDOCUMENT/ GUATEMALA whereabouts of the disappeared and, in the case of death, to deliver the remains to the relatives...
...Its organization is hierarchical and based on the principles of discipline and obedience within the law...
...National Reconciliation Law 47...
...Remembrance of the victims is a fundamental aspect of this historical memory and permits the recovery of the values of, and the validity of the struggle for, human dignity...
...That the Government and the judiciary, in collaboration with civil society, initiate, as soon as possible, investigations regarding all known forced disappearances...
...The Report of the CEH should serve as a platform for continuing investigation within Guatemala...
...48...
...On this basis and with a view to guaranteeing suitable future development of the duties of the police, the CEH particularly recommends: Security forces doctrine 73...
...Public security The principal aim of the restructuring of the security forces, their professionalization and their instruction regarding the law, democracy, human rights and a culture of peace...
...d) respect for democracy and the rule of law...
...That young men of military service age who themselves, or whose family members within first degree consanguinity, were victims of human rights violations and acts of violence connected with the armed confrontation, remain exempt from military service and be directly assigned to civil service...
...Political participation of indigenous peoples The CEH, without prejudice to the commitments already established in the Agreement on Identity and Rights of Indigenous Peoples, would like to reiterate the importance of the obligations assumed by the Government to promote social and political participation by the indigenous population and to bring about regional administration coherent with ethnic identity...
...The CEH believes that the historical memory, both individual and collective, forms the basis of national identity...
...Reform of military education 62...
...That the State fund the National Reparation Program by putting into effect the universally progressive tax reform established by the Peace Accords...
...That, to this end, and in coordination with the organizations of civil society in Guatemala and particularly with indigenous and human rights organizations, the Government promote a campaign for the general dissemination of the Report, that takes into consideration the social, cultural and linguistic reality of Guatemala...
...T]he CEH has noted that disrespect for the traditional methods of conflict resolution, and for the authorities charged with applying them, to the point of the perpetration of acts aimed at eliminating them, has been an almost constant characteristic from 1980 until the end of the armed confrontation...
...That the CEH's Report be studied as part of the Guatemalan Army's educational curriculum...
...New legislation regarding the state intelligence apparatus 58...
...Forced Disappearance Given the extent of the crime of forced disappearance, developed as a repeated practice in Guatemala during the period of armed confrontation, and considering that forced disappearance not only causes those close to the detained person long-term distress due to the uncertainty of the fate of their loved one, but also generates a series of legal and administrative problems, it becomes vital to rectify these problems so that the suffering and complications occasioned by the disappearance are not prolonged...
...2. That the Congress of the Republic issue a solemn declaration reaffirming the dignity and honor of the victims and restoring their good name and that of their relatives...
...That the death penalty for the military offense of disobedience be abolished...
...Although the CEH's Report should serve as a fundamental reference point in the investigation of Guatemala's past, it does not in itself bring to a close the investigation and analysis that must be carried out regarding the armed confrontation, its causes, the extent of the violence and its effects...
...Internal control 74...
...c) The Army will base its legal standards, as well as its conduct, on systematic respect for human rights...
...and e) the continuous professional training and instruction of the police at every rank...
...That what is known as customary law is recognized and integrated into the Guatemalan legal framework...
...Remembrance of the victims 4. That the Guatemalan State and society commemorate the victims by means of various activities carried out in coordination with organizations from civil society...
...For this reason the CEH particularly recommends: 80...
...That the commitments regarding intelligence contained in the Agreement on the Strengthening of Civilian Power and the Role of the Armed Forces in a Democratic Society [of the Oslo Peace accords] be fulfilled as soon as possible...
...Instruction 51...
...As this can be considered to be one of the historical causes of the armed confrontation, measures guaranteeing the protection of the individual and collective rights of the indigenous population, the respect for cultural plurality and the promotion of intercultural relations become vital...
...This clearly needs to be transformed into a culture of tolerance and mutual respect...
...That the powers of the State fulfill, and demand fulfillment of, the Law of National Reconciliation, in all of its terms and in relation to the rest of Guatemalan law...
...It should remain at the margins of party politics...
...On this basis, and taking into consideration the high number of clandestine cemeteries referred to in this Report, as well as those still not publicly known, the CEH recommends: 28...
...Considering all the former...
...That the Congress of the Republic...
...Observance of human rights With the aim of strengthening a culture of mutual respect and observance of human rights and of effectively protecting those working for their defence, the CEH recommends: Mechanisms for international protection 39...
...Civilian nature of the PNC 77...
...That the Government urgently activate the search for children who have been disappeared including...
...That the Government, by means of the educational reform envisaged by the Peace Accords, foster an environment of tolerance and respect and promote self-awareness and awareness of the other, so that the dividing lines created by the ideological, political and cultural polariz\ation may be erased...
...To achieve this, a redistribution of social spending and a decrease in military spending would be appropriate...
...MEASURES TO PRESERVE THE MEMORY OF THE VICTIMS The Accord of Oslo emphasizes the need to remember and dignify the victims of the fratricidal confrontation that took place in Guatemala...
...Education for a culture of mutual respect and peace 37...
...b) The Army should accept that sovereignty resides in the Guatemalan people...
...On this basis, the CEH recommends: National Reparation Program 7. That the Guatemalan State, by means of appropriate measures taken by the Government and the Congress of the Republic, urgently create and put into effect a National Reparation Program for the victims, and their relatives, of human rights violations and acts of violence connected with the armed confrontation...
...International humanitarian law 40...
...the CEH particularly recommends with regard to this law: 66...
...Maximum professional and ethical rigor from the teaching staff is required...
...MEASURES TO STRENGTHEN THE DEMOCRATIC PROCESS Administration of justice In various sections of the Peace Accords express reference is made to Guatemala's system for the administration of justice...
...BODY RESPONSIBLE FOR PROMOTING AND MONITORING THE IMPLEMENTATION OF THE RECOMMENDATIONS The CEH believes it vital that these recommendations be fulfilled so that the mandate entrusted to the CEH within the framework of the peace process achieves its objectives...
...b) development of the civilian nature of the police force and the demilitarization of its organization, hierarchy and disciplinary procedures...
...Administrative measures related to public officials responsible for human rights violations At the same time as reiterating the importance of the measures and commitments assumed by the signatories to the Comprehensive Agreement on Human Rights, and as a solely 53DOCUMENT/ GUATEMALA preventative rather than repressive or punitive measure, the CEH recommends: 42...
...That the process of exhumation is carried out with full respect for the cultural values and dignity of the victims and their families, considering the process of exhumation not only as a judicial procedure, but above all as means for individual and collective reparation...
...This doctrine should establish the basic principles for the appropriate relationship between the Army and society within a democratic and pluralist framework...
...That the bodies and remains of the victims be handed over to their relatives for a dignified burial according to their particular culture...
...Other recommendations pertaining to the Army Civil service: military and social Considering that forced and discriminatory recruitment has been a continuous and abusive practice throughout the armed confrontation, having affected almost every Mayan community...
...5. That the commemorations and ceremonies for the victims of the armed confrontation take into consideration the multicultural nature of the Guatemalan nation...
...Therefore, so that it may be included in the National Reparation Program, the CEH recommends: Search for the disappeared 22...
...That the Government present to Congress of the Republic the corresponding legislation that: a) Precisely define the structures, tasks and limits of civil and military intelligence, restricting the latter to exclusively military affairs...
...as "one of the greatest structural weaknesses of the Guatemalan State...
...d) The Army will be subordinate to political power, which emanates from the ballot box through the procedures established by the Constitution...
...That the Presidential and Vice-presidential General Staff structures be abolished, being unnecessary in a democratic State...
...That the Guatemalan Army and the former Guatemalan National Revolutionary Unity provide whatever information they may have in relation to the disappearances of people that occurred during the period of internal armed confrontation...
...On this basis, the CEH reiterates: 82...
...Financing 19...
...and b) Establish clear mechanisms of effective control in Congress regarding all aspects of the apparatus of state intelligence...
...On the basis of the former, the CEH recommends: 53...
...f) The Army is apolitical...
...It should also penalize the gathering, storage or concealment of information about individuals, their religious or political affiliation, their trade union or social activism and any other data relating to their private lives...
...That, to the end expressed in the previous paragraph, the State establish and finance a system of grants for the training and specialization of the aforementioned indigenous professionals...
...Consolidation of the peace and reconciliation process in Guatemala requires that the State and civil society work together to achieve their common objectives On this basis, the CEH considers it necessary and, therefore, recommends: 84...
...Active policy of exhumation The CEH believes that the exhumation of the remains of the victims of the armed confrontation and the location of clandestine and hidden cemeteries, wherever they are found to be, is in itself an act of justice and reparation and is an important step on the path to reconciliation...
...Reform of the Constitutive Law of the Army 54...
...Vol XXXII, No 6 MAY/JUNE 1999 64...
...That the Guatemalan Army's various educational centers promote a review of the teaching staff and remove military personnel involved in present or past human rights violations from educational functions...
...On this basis, the CEH recommends: The dissemination and teaching of the contents of the Report 32...
...That, for the process of reparation to become one of the principal bases for the process of national reconstruction and reconciliation, it is vital that Guatemalan society participate actively in the definition, execution and evaluation of the National Reparation Program...
...That the universities and other state educational bodies which teach the law include knowledge of the norms of the traditional forms of conflict resolution as a distinct subject in their study program...
...As a consequence, the Army should respect whatever social reforms and changes which result from the exercise of this sovereignty, reconciling itself to the mechanisms established in the Constitution...
...That the directorate of the PNC promote measures which genuinely open the way for participation by indigenous peoples in public security service...
...REPARATORY MEASURES The CEH considers that truth, justice, reparation and forgiveness are the bases of the process of consolidation of peace and national reconciliation...
...Considering the former, the CEH recommends: 46...
...That the Government present to the Congress of the Republic the necessary legislative reform bills that include measures to implement the Recommendations number 54 to 59 below...
...That under the guidance of the Ministry of the Interior, the PNC begin a process of internal reflection in consultation with organizations from civil society, with the aim of producing and defining the doctrine of the civilian security forces, whose bases should be: a) service to the community, without discrimination of any type and with respect for the multiethnic character of the Guatemalan nation...
...Equally necessary, are social participation and the contribution of all Guatemalans without discrimination in the fulfilment of public duties...
...That the Military Code include the correct concept, already contained in the Constitution of the Republic, of discipline and obedience solely within the law and never outside it, and that reference be removed in the Military Code to obedience being owed to whatever kind of order...
...TRADITIONAL FORMS OF CONFLICT RESOLUTION The Commission on the Strengthening of the Justice System [suggested that it is] "necessary to proceed with the search for formulas that encompass traditional methods of conflict resolution and the state judicial system, capable of complementing both components...
...e) The Army will show respect for the Constitution in all its aspects...
...That a bill of law be presented by the Government to the Congress of the Republic which quickly and effectively establishes the right of habeas data as a specific mechanism of protection and activates the constitutional right, recognized in Article 31 of the Constitution, of access to information contained in archives, files or any other form of state or private record...
...That the Agreement on Identity and Rights of Indigenous Peoples be implemented, in its entirety...
...The recommendations contained in the final Report produced by the Commission on the Strengthening of the Justice System, and which the CEH assumes and reiterates as it own, should be carried out in full...
...The relationship between the State and the indigenous population of Guatemala-particularly the Mayan people-has subsisted within an environment of racism, inequality and exclusion...
...That the curricula of primary, secondary and university level education include instruction on the causes, development and consequences of the armed confrontation and likewise of the content of the Peace Accords...
...New military doctrine 60...
...Primacy of civilian power and the role of the Armed Forces Legal reform Considering the grave human rights violations committed by Army agents during the armed confrontation and the marked weakening of the social fabric as a direct consequence of the militarization, the CEH believes it vital to promote legislative measures which establish the fundamental bases for the correct relationship between the Army and civil society within a democratic system, and the necessary subordination of the Army to civilian rule...
...That the option of conscientious objection be established and registered for those whose religious, ethical or philosophical convictions do not permit them to carry arms, so that they are not obliged to do so, but instead allowed to perform other types of civic service to the community...
...That, in applying the National Law of Reconciliation, the relevant structures take into account the various degrees of authority and responsibility for the human rights violations and acts of violence, paying particular attention to those who instigated and promoted these crimes...
...is to convert the role of the police into one of genuine public service...
...Also, as a result of the Peace Accords, the Congress of the Republic approved the National Reconciliation Law, which, according to Article 1, is considered to be a "basic instrument for the reconciliation of those people involved in the internal armed confrontation...
...Below, NACLA compiles some of the CEH's most important recommendations, and urges readers to consult the report summary and full recommendations on line at: <http://hrdata.aaas.org/ceh...
...That the powers of the Guatemalan State regard the fulfillment of their commitments on justice contained in the Agreement on the Strengthening of Civil Power and the Role of the Armed Forces in a Democratic Society, as of utmost importance...
...That the Government prepare and develop an active policy of exhumation and urgently present to the Congress of the Republic legislation for a Law of Exhumation which establishes rapid and effective procedures for this and which takes into account the.., following recommendations...
...That . . . the Guatemalan Academy of Mayan Languages carry out the translation of the Report, with public financing, into the [country's five principal indigenous] languages...
...Indigenous participation 75...
...That the Government take measures for the revision of the curricula of the Guatemalan Army's various training centers...
...That the regulations of military service maintain strict respect for the principle of equality before the law in the mechanisms and process of recruitment...
...Those crimes for whose commission liability is not extinguished by the said law, should be prosecuted, tried and punished, particularly following Article 8 "crimes of genocide, torture and forced disappearance, as well as those crimes that are not subject to prescription or that do not allow the extinction of criminal liability, in accordance with domestic law or international treaties ratified by Guatemala...
...That under the supervision of the Ministry of the Interior, the Directorate of the PNC take the relevant measures to ensure the removal from the police of those elements who have acted, or act, against its doctrine of public service and create a new unit for internal control or inspection, which is accessible both to the public and the Human Rights Ombudsman, and which has autonomy to investigate and sanction both individual and institutional professional misconduct...
...T]he CEH has also come to the conclusion that the weakness and dysfunction of the judicial system has contributed decisively to impunity and the misapplication of criminal law during the period covered by the CEH's mandate...
...That the new Public Order Law, referred to by the Agreement on the Strengthening of Civilian Power and the Role of the Armed Forces in a Democratic Society, considers the civilian nature of the Police during emergency situations of whatever type, and does not oblige it to participate in duties which appertain to the Army...
...c) complete respect for human rights and the consequent investigation, prosecution and conviction of any members 55DOCUMENT/ GUATEMALA who have committed human rights violations...
...OTHER RECOMMENDATIONS TO PROMOTE PEACE AND NATIONAL HARMONY The CEH believes that for the promotion of peace and national harmony it is necessary to know and face the causes of the armed confrontation and its consequences, in such a way as to put an end to the social, ethnic and cultural divisions in Guatemala...
...That the Government promote a new military doctrine for the Guatemalan Army, that should result from a process of internal reflection and consultation with the organizations of civil society...
...On this basis, the CEH recommends: Investigation and analysis of the past 79...
...Its purpose is to assess the adequacy of their conduct in the execution of their duties during the said period, in regard to the minimum standards established by the instruments of international human rights and humanitarian law...
...The Foundation's principal objective will be to facilitate the implementation of the recommendations made by the CEH...
...MEASURES TO FOSTER A CULTURE OF MUTUAL RESPECT AND OBSERVANCE OF HUMAN RIGHTS Culture of mutual respect [A] culture of violence has developed in Guatemala, which has resulted in mistrust and a lack of respect among its people...
...That the State, along with the national human rights non-governmental organizations, co-finance an educational campaign to promote a culture of mutual respect and peace...
...Reform of military legislation 55...
...Human rights defenders 41...
...approve, no more than 60 days from the publication of the CEH's Report and through the corresponding legislative measure, the establishment of a body responsible for implementing and monitoring the recommendations of the CEH under the name of "Foundation for Peace and Harmony...
...That a commission should be established by the President of the Republic using his constitutional prerogative, to be under his immediate authority and supervision, and which will examine the conduct of the officers of the Army and of the various bodies of state security forces active during the period of the armed confrontation...
...That a new Military Code be drafted and put into effect based on legal, moral and doctrinal criteria in accordance NACIA REPORT ON THE AMERICAS 54DOCUMENT/ GUATEMALA with the Constitution of the Republic and the reforms to the same derived from the Peace Accords...
...That the State, as a moral imperative and as a duty, Vol XXXII, No 6 MAY/JUNE 1999 embrace the contents of this Report and support all initiatives put into effect for its dissemination and promotion among all Guatemalans...
...Among these fundamental principles, at least the following should figure: a) The function of the Army is the defense of the sovereignty and independence of the State and the integrity of its territory...
...In the specific case of measures for collective reparation it is essential that the beneficiaries themselves participate in defining the priorities of the reparation process...
...Therefore, the CEH recommends the establishment of a follow-up body in which both State and civil society are represented, to aid, promote and monitor the implementation of the recommendations...
...The CEH, created by the 1996 Oslo Accords signed between the Guatemalan government and the Guatemalan National Revolutionary Unity (URNG), was designed to document the nature and scope of violence and human rights violations during Guatemala's 36-year internal war In the March/April 1999 issue, NACILA reproduced some of the key findings of the CEH...
Vol. 32 • May 1999 • No. 6
