[Congressional Record Volume 143, Number 27 (Wednesday, March 5, 1997)]
[House]
[Pages H730-H732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONGRATULATING PEOPLE OF GUATEMALA ON SUCCESS OF RECENT NEGOTIATIONS TO 
                        ESTABLISH PEACE PROCESS

  Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 17) congratulating the people of 
Guatemala on the success of the recent negotiations to establish a 
peace process for Guatemala.
  The Clerk read as follows:

                            H. Con. Res. 17

       Whereas on December 29, 1996, the Government of Guatemala 
     and the representatives of the Unidad Revolucionaria Nacional 
     Guatemala signed an historic peace accord ending 36 years of 
     armed confrontation;
       Whereas the peace accord includes the creation of a 
     commission to implement a wide range of reforms to the 
     political, economic, social, and judicial systems of 
     Guatemala, including an enhanced respect for human rights and 
     the rule of law, improved health and education services, 
     attention to the needs of refugees and displaced persons, and 
     the role of the military in a democratic society;
       Whereas the peace accord represents the completion of a 
     long and important negotiation process with the goal of 
     achieving lasting peace, national reconciliation, political 
     stability, and renewed economic growth in Guatemala; and
       Whereas lasting peace, political stability, and economic 
     development in Guatemala is in the best interest of all 
     nations of the Western Hemisphere, including the United 
     States: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) congratulates the Guatemalan Government of President 
     Alvaro Arzu for its extraordinary accomplishments in 
     negotiating an end to hostilities and beginning the process 
     of national reconciliation and reconstruction;
       (2) recognizes the commitment of the Unidad Revolucionaria 
     Nacional Guatemala in Guatemala to agree to end the 
     devastating warfare and to resolve their differences in a 
     peaceful manner within a democratic political arena;
       (3) commends all of the people of Guatemala for their 
     determination to achieve a lasting peace and encourages their 
     strong commitment to democratic principles and social justice 
     for all; and
       (4) affirms the commitment of the United States to help 
     support a sustainable peace and development of strong 
     democratic institutions in Guatemala.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York [Mr. Gilman] and the gentleman from Indiana [Mr. Hamilton] will 
each control 20 minutes.
  The Chair recognizes the gentleman from New York [Mr. Gilman].
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California [Mr. Gallegly], the original sponsor of the 
legislation.
  Mr. GALLEGLY. Mr. Speaker, I rise in strong support of House 
Concurrent Resolution 17, a resolution I sponsored which congratulates 
President Arzu, the URNG, and the people of Guatemala for their recent 
success in concluding a peace agreement which brings to an end a civil 
war which has raged more than 30 years and has cost the lives of over 
100,000 Guatemalans.
  This resolution is one of those good news stories involving the 
Western Hemisphere which, as chairman of the Subcommittee on the 
Western Hemisphere, I am very happy to report to my colleagues. The 
signing of the peace accords on December 29 concluded 6 years of 
negotiations between the two sides and established a framework within 
which the country will now embark on a process of peace, 
reconciliation, and reconstruction.
  The Guatemalan people now join nations such as El Salvador and 
Nicaragua in choosing peace over war, democracy over anarchy, economic 
development over poverty and chaos, and social justice over 
exploitation and abuse.
  The accords pose numerous challenges, and their success will surely 
test the wills and commitment of all sides. But the goals established 
in the

[[Page H731]]

accords were mutually arrived at, and the end results, when fully 
realized, will be very significant.
  In fact, the effort put forth by both the government and the URNG 
through the long years of negotiations is already beginning to pay 
dividends.

                              {time}  1130

  Yesterday in what was clearly a signal of confidence in the peace 
process, some 30 guerrillas handed over their weapons to United 
Nations' observers. This act was the first of many similar events to 
take place throughout Guatemala in the coming months and serves notice 
that the commitment to peace is strong.
  Mr. Speaker, with the problems we currently face in the hemisphere, 
especially with the issue of the war on drugs, this recent news from 
Guatemala and Nicaragua as reflected in our other resolutions under 
consideration is very welcome.
  In conclusion, I want to thank the gentleman from New York [Mr. 
Gilman], my chairman, the gentleman from Indiana [Mr. Hamilton], the 
ranking member, the gentleman from New York [Mr. Ackerman], the 
subcommittee ranking member, and my colleagues, the gentleman from New 
York [Mr. Houghton], the gentleman from North Carolina [Mr. Ballenger], 
and the gentleman from American Samoa [Mr. Faleomavaega], for their 
sponsorship of this resolution and their support in bringing this bill 
to the floor today.
  I urge my colleagues to support this bill and to support the peace 
process in Guatemala.
  Mr. GILMAN. Mr. Speaker, I thank the gentleman from California [Mr. 
Gallegly] for introducing this resolution and for his supporting 
remarks.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HAMILTON. Mr. Speaker, I yield 2 minutes to the gentleman from 
New York [Mr. Ackerman].
  Mr. ACKERMAN. Mr. Speaker, I am pleased that, despite the hectic and 
trend-setting legislative pace, we have found the time today to take up 
House Concurrent Resolution 17 to congratulate the people of Guatemala 
on the establishment of the peace process for that nation.
  After 36 years of civil war, Guatemala has finally had a chance for a 
lasting peace. The URNG has agreed to demobilize and in fact the first 
URNG combatants are entering demobilization camps this week. The 
Guatemalan military has agreed to reduce its size by one-third, and the 
United States has pledged $265 million over 4 years for reconstruction.
  Even before the signing of the peace accords, the human rights 
situation in Guatemala had improved dramatically as a result of the 
cessation of hostilities last March. The government of President Arzu 
has moved aggressively to restructure the military command by reducing 
the number of general officers from 23 to 8 and removing those officers 
alleged to be involved in corruption or other abuses. But there is 
still a long way to go.
  Guatemala continues to suffer from a marked disparity in income 
distribution, and poverty is pervasive. According to AID, 75 percent of 
Guatemala's population live in poverty. Only 48 percent of its adults 
are literate, and its infant mortality rate is among the highest in 
Latin America.
  Yet despite of all this, or perhaps because of it, Guatemalans have 
chosen peace and democracy. They are to be congratulated for that 
choice.
  Mr. Speaker, I want to commend my colleague and chairman [Mr. 
Gallegly] for his great leadership in this area and for introducing 
this resolution, to our chairman [Mr. Gilman] for his stewardship, and 
for our ranking member [Mr. Hamilton] for his hard work on this 
resolution. I urge all of our colleagues to vote in support of House 
Concurrent Resolution 17.
  Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of the resolution.
  Let me join in expressing appreciation to the chairman of the 
committee [Mr. Gilman], the chairman of the subcommittee [Mr. 
Gallegly], and the ranking member of the subcommittee [Mr. Ackerman], 
for bringing forward this resolution. My understanding is this is the 
first resolution coming from that subcommittee, and I commend them for 
it.
  I am very pleased to cosponsor this resolution. It congratulates the 
people of Guatemala on the tremendous gains they have made in 
establishing lasting peace in their country. We are all aware that the 
path toward peace, as the gentleman from New York has indicated, has 
been a long one for Guatemala. It has required great patience by the 
people of that country. They have suffered horribly for 36 years under 
a very brutal civil war. It has required significant risks for peace, 
taken both by the Arzu government and the URNG leadership.
  Signing the peace accords on December 29, 1996, does not by any means 
complete the peace process in Guatemala. Guatemala faces very 
considerable obstacles in consolidating peace and a democracy that 
respects human rights. I am especially encouraged by the language in 
this resolution that pledges continued United States assistance to the 
peace process there.
  We are clearly dedicated to this process. We have already provided 
$15 million in support for the Guatemalan economy, and five United 
States personnel will be in Guatemala with the U.N. peace observation 
force. I strongly support this resolution. I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  I want to commend the gentleman from Indiana, the ranking member of 
our committee, for his remarks. I also want to commend the gentleman 
from California [Mr. Gallegly] and the ranking minority member [Mr. 
Ackerman] for their work on this resolution.
  Mr. Speaker, I am pleased to be an original cosponsor of this 
measure. I think it is befitting for this House to recognize the 
extraordinary determination and sacrifice that has brought about the 
end of a war that has been raging for more than 35 years in Guatemala.
  House Concurrent Resolution 17 acknowledges that Guatemala is 
building a new and a more democratic society under comprehensive peace 
accords signed on December 29, 1996.
  From the earliest days of his term, President Alvaro Arzu has shown 
exceptional courage and strong leadership in purging corrupt officers 
and suspected human rights violators from Guatemala's security forces.
  His willingness to confront these problems has won him the confidence 
of the people of Guatemala that was necessary to pursue a firm and 
lasting peace accord with the leftist insurgency. President Arzu built 
on the foundation laid by his predecessor, President Ramiro de Leon, 
with two central objectives: to end the war and make Guatemala a more 
just country for all of its people.
  Today, President Arzu's government has moved swiftly to form 
commissions responsible for implementing specific agreements on 
economic, political, and cultural reforms.
  Demobilization of the URNG guerrillas is one of the most important 
short-term tasks. Just this week, guerrillas have begun to voluntarily 
surrender their weapons to U.N. observers. International donors, 
including the United States, are coordinating efforts to retrain and to 
resettle roughly some 3,000 guerrillas and their supporters.
  The international community has pledged $1.9 billion to help 
implement the broad peace accords by extending education, health care, 
and economic opportunity to all Guatemalans. Our own Nation has pledged 
$260 million over a 4-year period for these efforts.
  Yes, much remains to be done to rebuild Guatemala's infrastructure 
and society. But we recognize today that the Guatemalan people have 
taken and are taking bold steps in the interest of peace, prosperity, 
and social justice.
  Mr. Speaker, I would like to conclude by recognizing the 
contributions of our State Department and our Agency for International 
Development to the cause of peace in Guatemala over the years. Along 
with the United Nations, our diplomats and development specialists have 
made indispensable contributions to the peace process.
  In conclusion, Mr. Speaker, I once again commend Mr. Gallegly for his 
leadership on this subject. We look forward to working with him on 
these issues throughout the 105th Congress.
  Mr. PORTER. Mr. Speaker, I rise today to add my voice to those of my

[[Page H732]]

colleagues who have expressed congratulations to the people of 
Guatemala for ending decades of civil war and embarking on a courageous 
effort to rebuild their country together. The peace and national 
reunification that has resulted from this process represents the 
beginning of a bright new day for this country which has seen so much 
horror and loss in the past.
  The civil war in Guatemala was one of the longest and bloodiest of 
this century. In the 36 years of fighting, the fabric of Guatemalan 
society was torn apart. As the peace process takes hold, the people of 
Guatemala will have to begin the arduous work of recreating their 
society and repairing the institutions that must serve them in the 
years to come. It is my hope that resolutions such as this, and the 
positive role that the United States played in the peace process, will 
become the symbols of a new era of United States involvement in 
Guatemala. I believe that we have much to offer the people of Guatemala 
in their efforts to build democratic institution and refashion a civil 
society, and I hope that they will turn to us for help.
  I continue to be concerned that, although the war has ended, the 
culture of impunity that has long plagued Guatemala remains. The Law of 
National Reconciliation established a general amnesty for war crimes, 
as well as a truth commission to help heal the wounds of war. We must 
do all that we can to see that those actions which fall outside the 
scope of the amnesty and the truth commission are prosecuted to the 
fullest extent of the law.
  Helen Mack, sister of Myrna Mack, who was brutally murdered by a 
Guatemalan death squad in 1990, is in town this week to discuss the 
application for amnesty made by her sister's killers. Such crimes do 
not fall within the parameters of the amnesty law, and we must press 
the Guatemalan Government to set firm limits on the amnesty provision 
in such cases.
  We must also ensure that the truth commission is given the 
information that it requires to complete its healing process for the 
Guatemalan people. This means that the United States Government must 
fully declassify documents dealing with human rights abuses in 
Guatemala during the civil war. Given our own shameful role in this 
conflict, this is the least we can do to support Guatemala's peace 
process.
  Mr. LANTOS. Mr. Speaker, I join my colleagues in urging the adoption 
of House Concurrent Resolution 17 congratulating the people of 
Guatemala on the success of the recent negotiations to establish a 
peace process for Guatemala. This is an important statement of 
congressional support and the people of Guatemala should know of our 
interest and concern and support for their efforts in the peace process 
there.
  Mr. Speaker, I join in congratulating the people of Guatemala on 
reaching a peaceful solution to the brutal civil war in which more than 
100,000 people were killed over the past 36 years. In the violence, 
thousands of individuals were tortured, raped, and ``disappeared.'' The 
frustrating and difficult U.N.-sponsored peace negotiations between the 
Guatemalan Government and the Guatemalan National Revolutionary Union 
[URNG] were not quick, but they have brought an end to the violence.
  At the same time, however, I wish to express my serious concerns 
regarding the sweeping amnesty provisions which were, ironically, 
dubbed the Law of National Reconciliation. This legislation, which 
passed the Guatemalan Congress after only 2 days of consideration on 
December 18, 1996, raises some questions that I wish to call to the 
attention of my colleagues. If misapplied, the Law of National 
Reconciliation, which followed the signing of the Peace Accords in 
Madrid on December 12, 1996, will not reconcile the people of Guatemala 
with government forces, but will plant the seeds of future suspicion 
and mistrust between the Guatemalan people and members of government 
agencies. I am concerned that the amnesty provisions could be used to 
open up a legal back door for human rights perpetrators to escape just 
prosecution.
  The broad amnesty provisions are also in direct conflict with the 
March 1994 Human Rights Accord, one of the proclaimed milestones in the 
Guatemalan peace process. This accord required both sides to agree that 
the government would not sponsor measures designed to prevent 
prosecution of human rights violations. I urge the Guatemalan 
authorities at least to apply the minimum safeguards in the Law of 
National Reconciliation when prosecuting human rights violations. While 
providing amnesty for political crimes related to the armed civil war, 
article 8 of this law excludes cases of genocide, torture, and forced 
disappearances from the amnesty, as well as crimes for which amnesty is 
prohibited by Guatemalan law or Guatemala's international treaty 
obligations.
  I am also concerned, Mr. Speaker, with regard to civil cases in which 
U.S. citizens are involved, which are not connected with the armed 
conflict. The Law of National Reconciliation could potentially be used 
to terminate the landmark cases brought against Guatemalan Government 
forces by U.S. citizens Helen Mack, sister of the slain Myrna Mack; 
Jennifer Harbury, the wife of Mr. Bamaca; Carole Denn, wife of Michael 
DeVine; and Sister Diana Ortiz. In addition, those few members of the 
military who have already been convicted in the DeVine and Mack cases 
could be released from prison. I hope the Guatemalan legal authorities 
will insure that all human rights perpetrators in Guatemala are brought 
to justice, and none of these cases will be terminated or suspended 
under the amnesty provisions.
  Mr. Speaker, I urge my colleagues to support this resolution today, 
but I also urge the Guatemalan Government to be certain that human 
rights violators are sought out and punished to the fullest extent of 
the law.
  Mr. HAMILTON. Mr. Speaker, I yield back the balance of my time.
  Mr. GILMAN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ewing). The question is on the motion 
offered by the gentleman from New York [Mr. Gilman] that the House 
suspend the rules and agree to the concurrent resolution (H. Con. Res. 
17).
  The question was taken.
  Mr. GILMAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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