[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
         SENATE CONCURRENT RESOLUTION 64--RELATIVE TO GUATEMALA

  Mrs. MURRAY (for herself, Mr. Jeffords, and Ms. Moseley-Braun) 
submitted the following concurrent resolution; which was referred to 
the Committee on Foreign Relations:

                            S. Con. Res. 64

       Whereas, following more than a year's hiatus, formal 
     negotiations to bring an end to the 33-year armed conflict in 
     Guatemala and establish conditions for democracy in Guatemala 
     have resumed under United Nations mediation between the 
     Government of Guatemala and the armed opposition, the 
     Guatemalan National Revolutionary Union;
       Whereas systematic human rights violations are committed 
     with impunity against Guatemalan civilians, especially 
     members of the indigenous population, by government security 
     forces and by the Civil Self-Defense Patrols acting under 
     their authority;
       Whereas the Organization of American States has found that 
     the Civil Self-Defense Patrols are a ``source of human rights 
     violations'' and should be ``disbanded or reorganized'';
       Whereas the Organization of American States has found that 
     in Guatemala there have been serious ``cases of arbitrary 
     arrest, illegitimate deprivation of liberty, isolation, and 
     torture and execution without trial'' of individuals, 
     including the husband of United States citizen Jennifer 
     Harbury and other members of the Guatemalan National 
     Revolutionary Union who are held by various government 
     security forces;
       Whereas the Organization of American States has determined 
     that the Communities of Populations in Resistance, which have 
     been harassed by government armed forces and the Civil Self-
     Defense Patrols, are civilian communities;
       Whereas the Organization of American States has called on 
     the Government of Guatemala to ``take a clear stand on the 
     grave problems that obstruct the full observance of human 
     rights, set well defined goals, and schedule policies for 
     attaining them'';
       Whereas the security of repatriated refugees in Guatemala, 
     of internally displaced civilians, and of the Communities of 
     Populations in Resistance remains at risk due to continued 
     military attacks; and
       Whereas there has been little substantive progress in 
     bringing to justice all of those responsible for the murder 
     of United States citizen Michael Devine, the abduction and 
     torture of United States citizen Dianna Ortiz, and the murder 
     of anthropologist Myrna Mack Chang: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That the Congress--
       (1) commends the President of Guatemala, Ramiro de Leon 
     Carpio, and the leaders of the Guatemalan National 
     Revolutionary Union for establishing a framework for formal 
     negotiations, under the mediation of the United Nations, 
     designed to bring an end to more than 30 years of internal 
     armed conflict and set Guatemala on the road to democracy;
       (2) commends the leaders of the various segments of 
     civilian society, under the leadership of Bishop Rodolfo 
     Quezada Toruno, for their role in articulating the concerns 
     of all sectors of Guatemalan society and for bringing 
     critical issues onto the agenda of the peace negotiations;
       (3) calls on President de Leon Carpio and all parties in 
     the negotiation process to proceed in the spirit of the Oslo 
     Accords to achieve peace by political means, to the end that 
     a final, binding, and verifiable agreement will be attained 
     before the end of 1994;
       (4) calls on the Group of Friends of the peace negotiations 
     (Colombia, Mexico, Spain, Venezuela, Norway, and the United 
     States) to continue and intensify their support of the peace 
     negotiations through diplomatic initiatives and dialogue 
     with all parties;
       (5) calls on President de Leon Carpio to immediately 
     develop a measurable and substantive plan to end grave human 
     rights abuses, in compliance with internationally recognized 
     human rights standards, Guatemala's national constitution, 
     and the recommendations of the Inter-American Commission on 
     Human Rights, a part of the Organization of American States;
       (6) calls on President de Leon Carpio, as a sign of good 
     faith and a contribution to peace, to immediately disband the 
     Civil Self-Defense Patrols, which are one of the major 
     sources of human rights violations in Guatemala;
       (7) calls on President de Leon Carpio to ensure the safety 
     of the returnees, recognizing their rights to reintegrate 
     into Guatemalan society, in full compliance with the Accord 
     of the Permanent Commissions of the Guatemalan Refugees in 
     Mexico and the Government of the Republic of Guatemala, 
     signed in Guatemala on October 8, 1993, that determines the 
     conditions and understandings under which certain Guatemalan 
     refugees may be repatriated;
       (8) calls on President de Leon Carpio to recognize the 
     civilian character of the Communities of Populations in 
     Resistance, ensuring their security and their right to 
     peaceful integration into Guatemalan society with the full 
     exercise of rights and liberties guaranteed under Guatemala's 
     national constitution; and
       (9) calls on the Executive Branch of the United States 
     Government to condition all assistance to Guatemala, with the 
     exception of humanitarian and development assistance, on 
     achieving concrete and significant progress with respect to--
       (A) full compliance with the recommended precautionary 
     measures of the Inter-American Commission on Human Rights, a 
     part of the Organization of American States, including 
     resolution of concerns involving clandestine prisons;
       (B) the continuation of the peace process;
       (C) substantive improvement in the protection of human 
     rights;
       (D) the dissolution of the Civil Self-Defense Patrols;
       (E) the guaranteed safety of refugees, returnees, and the 
     internally displaced;
       (F) verifiable resolution of the Devine, Ortiz, Harbury, 
     and Mack cases; and
       (G) the strengthening of the various segments of civilian 
     society, which are essential to the establishment of genuine 
     democracy in Guatemala.

  Mrs. MURRAY. Madam President, today I rise, along with my colleagues, 
Senators Jeffords and Moseley-Braun, to submit a concurrent resolution 
in support of the Guatemalan peace process and the urgent need for 
greater protection of human rights in Guatemala.
  After more than thirty years of civil war and a staggering human 
toll, Guatemala is finally and firmly on the path to peace. However, 
although great strides have been made in pursuit of a permanent and 
verifiable peace in Central America's last remaining civil war, the 
human rights climate in Guatemala continues to be distressing.
  The Department of State's assessment of Guatemala in its human rights 
report for 1993 states that, ``Although there were improvements in the 
human rights situation in 1993, serious abuses occurred frequently. 
Statistics prepared by the Archbishop's Human Rights Office showed an 
increase in extrajudicial killings as of mid-December and a substantial 
increase in forced disappearances, with no improvement in other 
categories.'' The State Department goes on to report that, ``The civil 
patrols, military and police continued to commit a majority of the 
major violations, including extrajudicial killings, political 
kidnapings, and death threats.''
  The resolution we are introducing today calls on President Clinton to 
ensure that all but humanitarian and development assistance to 
Guatemala be conditioned on improved human rights, progress in the 
peace process, the strengthening of civil institutions, and the 
resolution of a number of longstanding and troubling human rights 
cases.
  Specifically, the bill calls for the verifiable resolution of several 
important human rights cases, including the murders of U.S. citizen 
Michael Devine and anthropologist Myrna Mack Chang, the abduction and 
torture of Sister Dianna Ortiz, and the arrest and torture of the 
husband of Jennifer Harbury. Both Sister Ortiz and Jennifer Harbury are 
U.S. citizens.
  These cases have languished too long, and no real and permanent peace 
can be achieved until they, and other cases like them, are resolved.
  The President of Guatemala, Ramiro de Leon Carpio, the leaders of the 
Guatemalan National Revolutionary Union, and civilian leaders are to be 
commended for their efforts to force a lasting peace, but basic human 
rights standards must be achieved for any peace agreement to succeed. 
The Civil Self-Defense Patrols must be disbanded and the safety of 
refugees and returnees must be guaranteed so that the people of 
Guatemala will be able to embrace peace without fear of reprisals or 
acts of terror.
  The government of Guatemala must recommit itself to the establishment 
of a strong and independent judicial system, and broadened democratic 
rights for its people.
  The resolution we are introducing today acknowledges the advances 
that have been made in a number of areas, but firmly states the resolve 
of the United States Congress that any further U.S. assistance depends 
directly on Guatemala's progress on human rights and its efforts 
towards a just and lasting peace.
  I urge my colleagues to join me, Senator Jeffords and Senator 
Moseley-Braun in cosponsoring this important resolution, which seeks an 
end to oppressive human rights conditions and a new beginning of hope 
and prosperity for the people of Guatemala.

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