[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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