[Congressional Record Volume 149, Number 136 (Tuesday, September 30, 2003)] [Extensions of Remarks] [Pages E1929-E1930] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] HUMAN RIGHTS IN GUATAMALA ______ HON. EDOLPHUS TOWNS of new york in the house of representatives Tuesday, September 30, 2003 Mr. TOWNS. Mr. Speaker, on July 14, Guatemalan Constitutional Court justices made history by declaring null and void two previous court rulings banning infamous former dictator Efrain Rios Montt from seeking presidential office. Efrain Rios Montt, the retired brigadier general and current head of Guatemala's national legislature, has been universally condemned for waging a ``scorched earth'' campaign against indigenous Mayan civilians during his 1982-1983 presidency. Some of the worst abuses in Guatemala's brutal 36-year civil war occurred during Rios Montt's rule. Wisely enough, the drafters of Article 186 of Guatemala's 1985 Constitution engrossed a ban to prevent leaders responsible for staging military coups from ever again seeking the Guatemalan presidency. Yet Rios Montt, who came to power through just such a coup in March of 1982, recently obtained a favorable ruling from Guatemala's highest court despite this earlier provision. He managed this by using his influence to pack the court with additional members who were personally loyal to him. In addition, he sought to legitimate his candidacy by claiming that the 1985 Constitution cannot be applied retroactively to actions taken three years before it was enacted. The State Department repeatedly has stated that Rios Montt's continued involvement in Guatemalan politics is an obstacle to effective U.S. relations with that country. In fact, events would seem to indicate that Rios Montt's candidacy is an equal threat to domestic stability within Guatemala; a number of weeks ago, mass protest in support of the ex-dictator's candidacy, clearly manipulated by Rios Montt and other leaders of his party, turned violent as mobs rushed into government buildings and seized them, including the Supreme Court. Since the Bush administration is so concerned with human rights in Iraq, what about Guatemala? Regional alliances such as the proposed U.S.-Central American Free Trade Agreement are bound to be jeopardized by Rios Montt's self-serving insistence on seeking the presidency, even at the country's democratic prospects. We as a body must strive to understand the potential implications and the high costs of Rios Montt's continued involvement in Guatemalan politics if we are to accelerate our steps towards the goal of promoting effective relations with the Central American region. On September 15, the United States recertified Guatemala, reversing a decision made in January due to the country's consistently poor efforts to stem the northward flow of narcotics that end up in our streets. Circumstances, however, suggest that the recertification was motivated not so much by any improvement in Guatemala's drug interdiction efforts, but by the Bush administration's ceaseless search for the expansion of free trade, even if it costs the U.S. hundreds of thousands of solid jobs. The Bush administration, eager to enact its Central American Free Trade Agreement (CAFTA) proposal, seems to have been responding to certain pressures to renew Guatemala's certification whatever its justification; twenty-one of our esteemed colleagues took the principled step of writing to the White House and saying that they would not vote for CAFTA without such recertification, and Guatemala, home to Central America's largest population and most formidable economy, would not likely approve the trade agreement if it remained decertified. This leads one to wonder, then, what the certification process and the war on drugs are really about, as the controversial and inequitable specter of free trade has clearly taken precedent. The following very timely memoranda on Guatemala's many problems were authored by Molly Maas and Jessica Leight, research associates at the highly respected Washington-based Council on Hemispheric Affairs (COHA), a non-partisan organization that has long been committed to addressing issues associated with human rights, democracy and economic justice throughout the Western Hemisphere. COHA has been referred to by Senator Edward Kennedy in the Congressional Record as ``one of our Nation's most respected bodies of scholars and policymakers.'' Rios Montt Declared Eligible To Run in Guatemala's Upcoming Election (Jessica Leight and Molly Maas) On Tuesday, July 14, one of the most brutal dictators in modern Guatemalan history, General Efrain Rios Montt, was declared a legitimate candidate for the November presidential elections by the country's highest court. Since Guatemala gained its independence from Spain in 1821, this largely poor Central American nation has suffered under a series of foreign rulers and pathological homegrown despots. Yet, arguably, none of its leaders have been more infamous than Rios Montt, who seized power in a 1982 coup and presided over an unremittingly harsh dictatorship for eighteen months until a counter-coup installed General Oscar Humberto Mejia Victores as the country's military leader. Today, Guatemala's official Commission for Historical Clarification labels atrocities committed under Montt's regime as ``genocide,'' and impartial observers argue that the ex-dictator was responsible for some of the worst human rights abuses in the country's 36-year civil war, including tortures, massacres, the destruction of hundreds of indigenous communities, and illegal detentions and murders of human rights advocates and indigenous leaders. rios montt's quest for the presidency Since his fall from power in 1983, Rios Montt has twice attempted to run for the Guatemalan presidency, in 1990 and in 1995. Each time, he has been blocked by the country's courts on the grounds that Article 186 of the 1985 Constitution forbids the candidacy of all former coup leaders, a provision that was expressly designed to deter a presidential bid from Rios Montt. Despite these previous dismissals, however, the ruling FRG party, which controls the legislature as well as the presidency, once again nominated Rios Montt as its presidential candidate this past May, and the Constitutional Court--the nation's highest judicial authority--approved his candidacy on July 14. The decision in this case was blatantly biased, as the current court was especially expanded, i.e., ``packed'' with Rios Montt supporters. The president of the Constitutional Court, Mario Guillermo Ruiz Wong, is the former interior minister of the current FRG administration of President Alfonso Portillo, while another justice served as Rios Montt's personal lawyer. Three of the four judges who voted in favor of the ex- dictator have links to Portillo's administration. Following this ruling, a lower court, the Supreme Court of Justice, issued a contradictory injunction that temporarily suspended Rios Montt's candidacy. In response, protests rocked the capital on Thursday, July 24, with thousands of former beneficiaries of Montt's dictatorship joining more recent recruits to his rightwing cause in the streets of Guatemala City. Though FRG leaders and Rios Montt himself vehemently denied any role in organizing or even encouraging the demonstrations, the protest was marked by a suspicious lack of spontaneity. Pro-FRG peasants were trucked in from across the country by organizers wearing such masks to conceal their identity, and the entire operation had the mark of a well-planned and well-orchestrated demonstration of political intimidation. Most damning for the FRG and the Portillo administration was the lack of effort on the part of the police to control violence by the protesters, as well as the army's refusal to intervene even after President Portillo announced on radio and television on Thursday afternoon that he had ordered the armed forces out ``to guarantee respect of private property and the physical security of persons, as well as the defense of human rights.'' Though the demonstrators dispersed after receiving instructions to do so from Rios Montt on Friday morning, the capital continues to wait in fear for a return of the usually armed encapuchados. Perhaps even more alarmingly, the government's commitment to the preservation of basic public order, as well as its control over the armed forces--largely unreformed following decades of unrestricted and brutal war against the guerrillas--remain in grave doubt. Having only so recently emerged from forty years of two devastating civil war which cost upwards of 200,000 lives, Guatemala seems on [[Page E1930]] the point of lurching back into its old habits of blood and gore, in a new era of mob rule. u.s. chilly on subject of rios montt The U.S., along with the United Nations, has been notably critical of the human rights abuses that continue to plague Guatemala's fragile democracy. The State Department condemned the riots and the lack of effort by the authorities to control the violence. Earlier, State Department spokesman Richard Boucher had indicated his disapproval of Rios Montt's candidacy, asserting that should Rios Montt be elected, ``realistically, in light of Mr. Rios Montt's background, it would be difficult to have the kind of relationship that we would prefer.'' This followed statements earlier in the year by U.S. Ambassador to Guatemala John Hamilton that noted a troubling lack of compliance on the part of the government with the 1996 UN-brokered peace accord. In an admirable display of candor about the deteriorating situation in Guatemala, Hamilton stated that, ``My government shares the Guatemalan people's concern that today, more than six years after the end of the armed conflict, there are still serious violations of human rights.'' It is crucially important that the U.S. maintain this strong stance in opposition to the candidacy of such a brutal ex-dictator and avoid the temptation to paper over the crimes of Rios Montt in order to ensure Guatemala's inclusion in the upcoming Central American Free Trade Agreement negotiations, scheduled to be completed by the end of this year. Last January, the Bush administration announced its decision to decertify Guatemala for insufficient progress in the war on drugs. Subsequently, it made use of a ``vital national interest waiver'' to continue to provide economic aid to the country in spite of the decertification. While continuance of such assistance provides some valuable leverage for the U.S. to exercise, as it seeks to pressure the Guatemalan government to bring human rights violators to justice, rein in corruption and ensure an orderly democratic transition after the November elections, this is the case only if the White House indicates that it is prepared to advance the country's democratization. If the White House wishes to demonstrate that its concern for human rights extends beyond Iraq, then there can be no more appropriate task than to facilitate the unhindered operation of justice in Guatemala, a country that has seen precious little of it up to now. ____________________