rich@pencil.cs.missouri.edu (06/14/91)
NISGUA'S Legislative Update on Guatemala #12
Network in Solidarity with the People of Guatemala
May 31, 1991
HOUSE COMMITTEE VOTES TO PROHIBIT MILITARY AID, RESTRICT ECONOMIC
ASSISTANCE
On May 23, 1991 the House Foreign Affairs Committee approved
legislation that prohibits military assistance to Guatemala and
restricts economic support upon improvement in human rights.
Thanks to our grassroots effort, we have emerged from the
authorization process in the House with a significant victory for
legislation on Guatemala.
Since the first week of May, the Foreign Affairs Committee has
been meeting to discuss the language of the foreign aid
authorization bill for fiscal years 1992 and 1993. The
authorization bill defines the policy end of foreign aid. From
here the bill moves to the appropriations stage where the actual
money amounts are allocated.
Guatemala became one of the most controversial issues in the
Foreign Affairs Committee. In April the Western Hemisphere
Subcommittee, which drafts regional policy recommendations for
the Foreign Affairs Committee, proposed legislation that would
have effectively ended all security-related aid to Guatemala.
The recommendations called for an end to all military aid, banned
commercial arms sales, and prohibited funds for military
training. Economic Support Funds(ESF), the largest aid category,
were restricted to programs that address human needs,
environmental protection, and political reform.
Due to the strength of the bill's language, the Bush
Administration leveled a tour-de-force lobbying effort against
it. Given the widely-known role of the military in Guatemala's
human rights situation and the U.S. State Department's recent
suspension of security-related assistance to Guatemala, the
administration saw no point in lobbying for military aid. The
restrictions on economic aid, however, ignited fierce opposition.
The aggressiveness of the administration's lobbying effort hinged
on its fear that such legislation on Guatemala would establish a
precedent in U.S. foreign policy -- that a "friendly country"
might be denied ESF because of its poor human rights performance.
Pressure from the Administration influenced the Foreign Affairs
Committee to amend the Western Hemisphere Subcommittee
recommendations and adopt a compromise bill. The final language
is not nearly as strong as the subcommittee's recommendations.
Notwithstanding, the bill does achieve our goal of restricting
economic aid upon Guatemala's human rights performance.
THE HOUSE FOREIGN AFFAIRS LEGISLATION
The following components make up the Foreign Affairs Committee
authorization bill:
A. Military Assistance -- prohibits military aid for fiscal
years 1992 and 1993.
B. Military sales and commercial arms sales -- prohibits
sales of any weapons, ammunition, and armed aircraft for fy1992
and fy1993.
C. Economic and Food Assistance -- May only be used by
civilian agencies and nongovernmental organizations. Until Bush
says that the Government of Guatemala has made progress in
eliminating human rights violations and in prosecuting those
responsible for "major human rights cases" U.S. economic
assistance can only be used in the following areas:
(1) to address human needs and environmental concerns;
(2) to improve performance of democratic institutions and to
promote pluralism;
(3) for the National Reconciliation Commission;
(4) for fiscal reform;
(5) for programs promoting foreign and domestic trade and
investment.
D. Fund for ceasefire monitoring, demobilization, and
transition to peace -- the bill establishes this fund in order
that Guatemala still receive the monies that had previously been
set aside for military aid. The transferred funds would be
available once the URNG and Guatemalan Government agree to a
ceasefire in order to monitor the ceasefire and for the
demobilization, relocation, and reemployment of former
combatants.
The prohibition on military aid and arms sales is what we've
sought for years. The move to cut ESF was approached this year
for the first time. As support for strong language on Guatemala
grew on Capital Hill and in the grassroots, our goal was to place
human rights conditions on ESF, thereby preventing Guatemala from
receiving the money.
The primary weakness of the bill regards the strength of the
human rights language that condition US economic assistance. The
original subcommittee recommendations called for progress on the
investigations and prosecutions of specific human rights cases.
The current legislation mentions human rights generally, but with
emphasis on the cases involving US citizens.
This weakness resulted from the effort to mold the bill to please
both sides. The Bush Administration and its supporters feared
that restrictions on ESF would prevent the Government of
Guatemala from using ESF for its balance of payments. So, on one
hand, we have won the precedent that the United States has placed
human rights conditions on ESF -- and this does send a message to
Guatemalan authorities that Congress is concerned about human
rights. Meanwhile, it is likely that Bush will certify
"progress" in human rights and release the $30 million in
economic aid.
Although this bill does not now become law, it will be used as
the basis for bills drafted through the rest of the process.
Because the House language was adopted with endorsements from
both Democrats and Republicans it is unlikely that it will be
weakened in the following stages of the process.
ON THE SENATE SIDE
For more than five years, the Senate Foreign Relations Committee
has not passed an authorization bill. Legislation on aid to
Guatemala has come from the appropriations committee, the Senate
Foreign Operations Subcommittee.
This year, however, Senator Tom Harkin(IA) is seeking co-sponsors
to introduce an authorization bill in the Senate. The Harkin
bill strongly reflects the emphasis on human rights as
recommended by the House Western Hemisphere Subcommittee in
April.
THE HARKIN BILL
Senator Harkin plans to introduce his legislation on Guatemala in
early June. His bill, titled the "Promotion of Democracy and
Respect for Human Rights Act of 1991,"
prescribes a US policy that would prohibit military aid and
restrict ESF due to Guatemala's human rights situation.
The bill establishes conditions by which the military aid
prohibition could be waived. The conditions include
investigations into and prosecution of those responsible for
prominent human rights cases. Harkin's bill places emphasis on
the attacks on human rights activists working with GAM and CERJ.
It also demands the broadening of political space, improving
workers' rights, and ending the practice of forced civil patrol
duty.
The Harkin restrictions on ESF echo the House Western Hemisphere
Subcommitte -- economic aid for use only by civilian agencies and
nongovernmental organizations for humanitarian projects. The
restrictions on economic assistance could be lifted pending
investigations and prosecutions of the Michael Devine, Dianna
Ortiz, and Myrna Mack human rights cases and if the Government of
Guatemala makes progress toward fiscal and tax reform.
Currently Harkin and his staff are seeking co-sponsors for this
bill. Signers on the bill so far are:
Harkin(IA), Adams(WA), Ford (KY), Kerry(MA), Wellstone(MN)
WHAT TO DO NOW
Urge your Senators to sign on to the Harkin bill. Since the bill
will not be introduced until the first week of June, it does not
have a bill number. Refer to it as the Harkin bill on Guatemala.
If your Senators' staff have not seen it yet, request that they
contact Harkin's office to get a copy. Follow up to see that
they move on this.
Co-signers are needed immediately. The more signers on the
Harkin bill when it is introduced in early June, the greater the
impact it can have.
The Harkin bill contains stronger language than the House Foreign
Affairs bill. Yet, the essence of the two are very similar.
Because Republicans and Democrats unanimously approved the House
Foreign Affairs Committee authorization bill, all Senators should
be pressed hard to sign the Harkin bill.
ABC PRIMETIME TO BROADCAST INTERVIEW WITH SISTER DIANNA ORTIZ
On June 6, 10:00 EST, ABC television will broadcast an interview
with Sister Dianna Ortiz, the Ursuline nun who was abducted,
tortured, and sexually abused in Guatemala in November 1989. The
failure of Guatemala to begin an investigation into her case
remains one of the chief human rights obstructions that has
influenced Congress to withhold aid to Guatemala. Notify your
Congressional delegation and urge that members watch the program
and/or videotape it and present it to them as soon as possible.
RECENT DEVELOPMENTS IN GUATEMALA -- GUERRILLA-GOVERNMENT PEACE
PROCESS AGREEMENT
For the first time, the Guatemalan government and the leadership
of the 30 year insurgency held direct talks to seek an agreement
for pursuing peace. On April 24, 25, and 26 representatives of
the Guatemalan government (including five ranking military
officials) met with the URNG guerrilla leadership in Mexico under
the auspices of the National Reconciliation Commission (CNR).
The April meetings were set up to establish a process for
resolving Guatemala's social conflict through political channels.
Both the URNG and government delegations signed the Mexico Accord
outlining a series of eleven discussions to address the social
conflict and establishing procedural guidelines for the talks.
The eleven topics include such critical issues as:
democratization and human rights; strengthening of civilian
authority over the military; identity and rights of indigenous
peoples; the land situation; refugees; timetable for
implementation and verification of the accords; ceasefire
arrangements; peace and demobilization.
Clearly, not all sectors of Guatemalan society are pleased by the
outcome. As soon as the talks concluded, repression against
labor, human rights, and other popular groups escalated. A wave
of threats and several assassinations have forced activists into
exile while others continue their work in Guatemala by taking
even greater security precautions.
The peace process appears fragile in the midst of Guatemala's
deep social divisions and violence. Nonetheless, the Mexico
Agreement marks a critical first step toward a resolution of the
conflict.
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