Americas Policy Group A Working Group of the…

              Americas Policy Group
            A Working Group of the Canadian Council for International Cooperation


                                                 Briefing Note

            CANADA IN GUATEMALA: AN AGENDA FOR JUSTICE AND PEACE

                       Recommendations from the Americas Policy Group
                        for Canadian Foreign Policy Towards Guatemala


The Americas Policy Group (APG) is a working group of the Canadian Council for International
Co-operation. The APG is comprised of 35 international development and humanitarian NGOs,
human rights groups, labour unions, church and solidarity groups, and research institutions,
focused on development and social justice issues in the Americas. Drawing on experience
working with diverse partner organisations in the Americas, APG members collectively analyse
Canadian policy in the Americas and participate in dialogue and advocacy with government
bodies and other decision-makers.


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Guatemala experienced a 36-year long armed conflict during which over 200,000 people were
murdered or disappeared, and close to two million displaced from their homes. A key component
of the state's counterinsurgency strategy was the brutal repression of the civilian population.
According to the United Nations-sponsored Historical Clarification Commission (CEH) report,
in the cases it reviewed, an overwhelming proportion of victims during the war were Mayan (83
per cent), and 93 per cent of human rights violations were committed by state actors (the army,
police and paramilitary forces). The CEH concluded that during one of the most intense periods
of the armed conflict, that is, between 1981 and 1983 when a scorched earth policy led to
hundreds of massacres, the state committed genocide against the country's indigenous Mayan
population. 1

The war formally came to an end with the signing of comprehensive peace accords at the end of
1996. However, almost a decade later, the deep-seated structures of social, political, cultural and
economic inequity that were the causes of the armed conflict have yet to be resolved. Guatemala
has one of the most inequitable distributions of wealth, income and land ownership in Latin
America, with 80 per cent of the population living below World Bank poverty standards, and two
per cent of the population owning 80 per cent of the arable land. The effects of the war continue
to be apparent within the social fabric. The country remains deeply polarized, the independent

1
    United Nations Historical Clarification Commission, Conclusions and Recommendations, par. 1 and 82.
APG Briefing Note on Guatemala, October 2005


functioning of the state itself is weak, impunity is the norm and indeed would appear to be a
fundamental aspect of the judicial system, and violence continues to be a feature of everyday
life. Those responsible for massive human rights violations during the armed conflict have not
been brought to justice, and indeed several remain in positions of power.

The inability in the postwar period to effectively dismantle military and intelligence networks
within the apparatus of the state has resulted in the creation of clandestine structures of power
that exert untoward influence over the governance of the state. These clandestine bodies are
linked to, and some would claim ultimately responsible for, the increased climate of fear and
repression directed at civil society activists who are working to draw attention to this situation.

A particularly egregious manifestation of ongoing and increasing politicized violence in
Guatemala has been the targeted killing of poor and marginalized women in Guatemala City over
the past few years, and the failure of the state to bring those responsible to justice. In a recent
report, Amnesty International concluded that "many of the killings of women in Guatemala were
exceptionally brutal often bearing signs of mutilation and disfigurement associated with killings
during the internal armed conflict." 2 The extensive nature of systematic forms of violence
targeted against women during the armed conflict has only recently been brought into the public
arena in Guatemala, and needs to be taken into account in reparations and justice programs and
initiatives dealing with the crimes of the past, as well as the present.

There are some who argue that the past is the past, that what is done is done, and that
Guatemalans should look to the future instead of dwelling on the past. However, historical
memory is integral to the present and the future, and it is impossible for Guatemalans to move
into the future until the wrongs of the past ­ which remain an inherent feature of the present ­ are
acknowledged and addressed through comprehensive forms of reparation and redress. It is
impossible to build a future that is peaceful and just on a foundation of violence, impunity and
inequity.

Guatemala is also experiencing the effects of the trend within the global economy that has seen a
shift away from Keynesian economics, the welfare state and import-substitution industrialisation,
and towards the neo-liberal economics of a "smaller" state, open borders for goods and capital
(but not labour), and export-led growth. The free trade agreements (FTAs) with Canada and the
United States that the Guatemalan government is currently signing on to affect more than the
permeability of borders: they require significant liberalisation of the domestic economy, and
therefore will have an impact on domestic political and economic decisions. The neo-liberal
agenda is being promoted and institutionalised not only through FTAs, but also through
prescriptions and conditionality from international financial institutions. Increasingly, therefore,
the neo-liberal agenda sets the framework within which conflict-torn societies such as Guatemala
struggle towards democracy, development, human rights and social justice.3


2
  Amnesty International, No protection, no justice: killings of women in Guatemala. June 2005. International
Secretariat, London.
3
  This brief should be read in conjunction with the Americas Policy Group submission to the International Policy
Review in 2004, Canada in the Americas: Putting Human Rights First, which provides recommendations for
ensuring the primacy of respect for human rights over trade policy within Canadian foreign policy.


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APG Briefing Note on Guatemala, October 2005


The APG is concerned that this economic framework constrains the ability of citizens and the
state to take effective action on the key development and human rights issues noted above. We
note with concern that inequality and poverty rates in Guatemala are among the highest in the
Latin America Caribbean region, that the country's pattern of economic growth is not favouring
the poor, that workers' rights are increasingly flouted, and that despite a higher level of
economic development, Guatemala's human development performance is below that of Latin
America's Highly Indebted Poor Countries4.

Canadian foreign policy towards Guatemala, and indeed all Canadian activities in Guatemala,
must begin within, and be reflective of, the country's complex postwar reality. Canada's focus
should be to support Guatemala and its citizens in their efforts to build a society that ensures
justice and peace for themselves and future generations. This is a long-term process that requires
sustained engagement and a commitment to confront and address the roots of injustice.

Recommendations for Canadian foreign policy towards Guatemala

The following are a series of recommendations regarding Canadian foreign policy directions in
Guatemala that require a "whole-of-government" approach on the part the Canadian government,
because the various issues addressed are integrally related to one another, and have implications
for several government departments ­ the Department of Foreign Affairs, the Department of
International Trade, the Canadian International Development Agency, and the Privy Council
Office, to name four. The Americas Policy Group looks forward to substantive engagement and
dialogue with the Canadian government on these recommendations in the coming months.


1. Support efforts to build peace and address the wrongs of the past.

As a member of the Consultative Group of Donors for Guatemala, which provided considerable
funding to the peace process, Canada should monitor on a consistent basis the Guatemalan
government's political will to continue the peace process, and exert political pressure when
necessary. And as current chair of the Group of Donors, the Canadian government should
convene a Donors meeting as soon as possible. The Consultative Group of Donors should meet
on a regular basis, and hold the Guatemalan government to account for funds from the
international community that were allocated to the peace process.

Areas of particular focus for international community support and pressure should include:

Implementation of the Peace Accord Law
The peace accords signed in 1996 were comprehensive in nature, and can be seen as a road map
for the state to address the inequities at the root of the armed conflict. Implementation of the
accords has been sporadic and partial at best. A re-occurring problem has been that the accords
have been seen as a commitment of specific administrations, rather than as a historic
4
 World Bank. 2003. "Poverty in Guatemala", Report No. 24221-GU. The Gini coefficient for inequality in
Guatemala is rated as 57 using income as a welfare measure. This is more unequal than most other Latin America
Caribbean countries, which as a whole has higher inequality than other regions in the world. See also the Written
Statement by the International Confederation of Free Trade Unions for the United Nations Commission on Human
Rights, 58th Session, April 2002, on the violation of human rights and basic freedoms.


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APG Briefing Note on Guatemala, October 2005


responsibility of the state. However, in August 2005, the Peace Accord Law was approved in the
Guatemalan Congress obliging the state to comply with the peace accords. Areas of continued
priority in the implementation of the peace accords include justice sector reform, police reform,
and military and intelligence reform.

National Reparations Program
A National Reparations Program was set up in 2004 to provide compensation, restitution,
rehabilitation and/or measures of symbolic or moral reparation to some 250,000 people. The
Reparations Program is included under the Peace Accord Law, and thus now constitutes a state
obligation. All forms of reparation need to take into account and address specific forms of
violence targeted against women during the armed conflict.


2. Support efforts to combat impunity and strengthen the rule of law and administration
   of justice.

Support the implementation of the CICIACS Commission
The continued existence of clandestine structures of power within state institutions (such as the
military and security apparatus) is a threat to the rule of law in Guatemala, and is the major
source of the corruption that has become a feature of most state institutions. Canada and the rest
of the international community should exert pressure on the Guatemalan government to set up
the proposed special UN commission, the Commission to Investigate Illegal Bodies and
Clandestine Security Apparatus (CICIACS), which would be an independent international
presence that would work with the Prosecutor's Office to investigate and prosecute clandestine
groups. This Commission ­ which has very broad support within Guatemalan civil society ­
would provide the means for the Guatemalan state to begin to address structural impunity within
the judicial system. The Commission is not meant to replace the state in its judicial and
governance responsibilities, but rather to provide the state and its officials with the tools and
mechanisms to address the current situation of deep-seated impunity. An international presence
also provides a degree of protection for the individuals carrying out investigations of corruption
and impunity, which the state is seemingly unwilling or unable to provide.

Measures to combat impunity in Guatemala must include a full investigation of the killing of
women in Guatemala City over the past few years.


3. Support the human rights monitoring and protection mandate of the Guatemala Field
   Office of the United Nations Human Rights Commission.

In September 2005, the Office of the United Nations High Commission for Human Rights
(OHCHR) opened a field office in Guatemala, under the conditions of an agreement signed with
the Guatemalan government in January 2005. The Canadian government should fully support the
mandate of the OHCHR office, which is to monitor and report on human rights violations in
Guatemala, in cooperation with official and non-governmental partners, in order to advise the
Guatemalan government on the formulation and implementation of policies, programs and
measures for the promotion and protection of human rights.



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APG Briefing Note on Guatemala, October 2005



4. Ensure that Canadian corporate interests and trade policies are consistent with, and
   indeed set within, international human rights standards and agreements.

Canadian economic and corporate interests must be secondary to support for respect for human
rights, democratic governance, and the rule of law in Guatemala, and must not override the
ability of Guatemalans to govern themselves and have control over their lands and livelihoods.
This is particularly important in that 60 per cent of the population in Guatemala is indigenous,
and under ILO Convention 169 have the right to self-determination in areas where they live.

Canadian Corporate Behaviour in Guatemala
An area of particular concern is the conduct of Canadian mining companies in Guatemala. The
extent of the geographical coverage of contested mining concessions in Guatemala given to
foreign firms, their overlap with indigenous lands in sensitive ecological regions profoundly
affected by a legacy of violence, and questionable consultation processes create a very difficult
policy terrain for Canada.

The Canadian government should undertake an in-depth review of the conditions under which it
is appropriate for the government of Canada to support mining development, as well as provide
and make public the criteria used to assess the human rights, ecological and political impacts of
any given project.

On June 22, 2005, the Canadian Parliament's Standing Committee on Foreign Affairs and
International Trade (SCFAIT) tabled its 14th report to the House of Commons, which focused on
the issue of mining in developing countries, and corporate social responsibility. The report stated
that "more must be done to ensure that Canadian companies conduct their activities in a socially
and environmentally responsible manner and in conformity with international human rights
standards." The Standing Committee requested a "comprehensive government response to this
Report". In its reaction to the SCFAIT report, issued on October 18, 2005, the government
dismissed the recommendations proposed by SCFAIT to adopt concrete regulatory measures,
instead opting to continue to rely on voluntary codes of conduct.

It has been proven time and again that voluntary codes of conduct do not work. Concrete
regulatory measures for the behaviour of Canadian companies in developing countries, including
Guatemala, must be put in place by the Canadian government.

Canadian Trade Policy
Canada is currently in the process of negotiating a Free Trade Agreement with Guatemala,
Honduras, El Salvador and Nicaragua (referred to as the CA4FTA). There are serious concerns
regarding this agreement, including the replication of Chapter 11 from NAFTA.

For over ten years, the investment chapter of NAFTA, Chapter 11, has been the subject of
intense public debate and controversy in all three NAFTA countries. Chapter 11 strengthens the
rights of private corporations, and restricts the rights of communities and elected officials.
Chapter 11 requires signatories to provide equal treatment to foreign and domestic companies,
and allows foreign corporations to legally challenge any government measure that inhibits their
ability to make a profit. A total of 39 Chapter 11 cases have been filed to date in the three


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APG Briefing Note on Guatemala, October 2005


NAFTA countries, and these cases have impeded, or threaten to impede, the ability of elected
officials to govern in the public interest.

The Government of Canada should not reproduce NAFTA Chapter 11 ­ or any aspect thereof ­
in the CA4FTA or in any other international trade agreement. Rather, mechanisms that clearly
prioritize economic, social and cultural rights, including the right to development, and that allow
governments to legislate in favour of public health, education and environmental protection
without fear of reprisal, should be promoted in all Canadian trade agreements.

In the interests of transparency and fostering and promoting public debate and citizen
participation in Canada, the full draft text of CA4FTA should be released while it is still being
negotiated, and there should be full public and parliamentary debate of the CA4FTA prior to
Cabinet ratification.



Action Items for Canadian foreign policy in Guatemala

       Convene the Consultative Group of Donors for Guatemala to monitor the Guatemalan
       government's political will to implement the Peace Accord Law, and hold the
       Guatemalan government to account for funds from the international community allocated
       to the peace process, with particular emphasis on support to the National Reparations
       Program.

       Exert political pressure on the Guatemalan government to implement the Commission to
       Investigate Illegal Bodies and Clandestine Security Apparatus (CICIACS), and provide
       support to the Commission in the fulfillment of its mandate.

       Provide support to the Guatemalan Field Office of the United Nations Human Rights
       Commission in the fulfillment of its mandate.

       Undertake an in-depth review of the conditions under which it is appropriate for the
       government of Canada to support mining development.

       Provide and make public the criteria to assess the human rights, ecological and political
       impacts of any given Canadian mining project.

       Address the irresponsible behaviour of Canadian companies overseas, including in
       Guatemala, in a comprehensive manner by introducing concrete regulatory measures to
       ensure corporate accountability.

       Do not replicate Chapter 11 from NAFTA in CA4FTA, or any other trade agreement.

       Release the full draft text of the CA4FTA while it is still being negotiated, with sufficient
       time to ensure full public and parliamentary debate of the CA4FTA prior to Cabinet
       ratification.



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