[Congressional Record (Bound Edition), Volume 153 (2007), Part 8]
[Senate]
[Pages 10763-10765]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

  SENATE RESOLUTION 178--EXPRESSING THE SYMPATHY OF THE SENATE TO THE 
FAMILIES OF WOMEN AND GIRLS MURDERED IN GUATEMALA, AND ENCOURAGING THE 
  UNITED STATES TO WORK WITH GUATEMALA TO BRING AN END TO THESE CRIMES

  Mr. BINGAMAN submitted the following resolution; which was referred 
to the Committee on Foreign Relations:

                              S. Res. 178

       Whereas, since 2001, more than 2,000 women and girls have 
     been murdered in Guatemala;
       Whereas most of the victims are women ranging in age from 
     18 to 30, with many of the cases involving abduction, sexual 
     violence, or brutal mutilation;
       Whereas, from 2001 to 2006, the rate at which women have 
     been murdered in Guatemala has almost doubled, increasing at 
     a higher rate than the murder rate of men in Guatemala during 
     the same period;
       Whereas, according to data from Guatemala's Public 
     Prosecutors Office, few arrests and fewer convictions have 
     occurred, and prosecutors, forensics experts, and other state 
     justice officials have not brought the perpetrators to 
     justice;
       Whereas, from 2001 to 2006, there were only 20 convictions 
     for the murders of women and girls;
       Whereas the Human Rights Ombudsman of the Government of 
     Guatemala has reported that in 1 year alone police officers 
     were implicated on 10 separate occasions in the murder of 
     women in Guatemala, and recommended that such officers and 
     other officials be held accountable for their acts;
       Whereas an effective, transparent, and impartial judicial 
     system is key to the administration of justice, and the 
     failure to ensure proper investigations and prosecutions 
     hampers the ability to solve crimes and punish perpetrators;
       Whereas inadequate financial, human, and technical 
     resources, as well as a lack of forensic and technical 
     expertise, have impeded the arrest and prosecution of 
     suspects;
       Whereas the Special Prosecutor for Crimes Against Women of 
     the Government of Guatemala has reported that her office has 
     reviewed approximately 800 incidents of domestic violence per 
     month, with some of those cases ending in murder, and that 
     deaths could have been prevented if the legal system of 
     Guatemala provided for prison sentences in cases of domestic 
     violence;

[[Page 10764]]

       Whereas the murders of women and girls in Guatemala have 
     brought pain to the families and friends of the victims as 
     they struggle to cope with the loss of their loved ones and 
     the fact that the perpetrators of these heinous acts remain 
     unknown to the proper authorities;
       Whereas many countries in Latin America face significant 
     challenges in combating violence against women, and 
     international cooperation is essential in addressing this 
     serious issue;
       Whereas the United States Agency for International 
     Development (USAID) has provided assistance to the Government 
     of Guatemala to implement judicial reform and rule of law 
     programs, and in fiscal year 2006, Congress provided 
     $1,500,000 for programs to combat impunity, corruption, and 
     crimes of violence, of which $500,000 is to be allocated to 
     strengthen the special prosecutorial units charged with 
     investigating the murders of women in Guatemala;
       Whereas the Government of Guatemala has undertaken efforts 
     to prevent violence against women, as evidenced by its 
     ratification of the United Nations Convention Against Torture 
     and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, the United 
     Nations Convention on the Elimination of All Forms of 
     Discrimination Against Women, done at New York December 18, 
     1979, the Inter-American Convention on the Prevention, 
     Punishment, and Eradication of Violence Against Women, done 
     at Belem do Para, Brazil June 9, 1994, and other 
     international human rights treaties, and the enactment of 
     laws and the creation of state institutions to promote and 
     protect the rights of women;
       Whereas the Government of Guatemala has created special 
     police and prosecutorial units to address the brutal murders 
     of women in Guatemala;
       Whereas, in June 2006, the Government of Guatemala 
     successfully abolished the ``Rape Law'' which had absolved 
     perpetrators of criminal responsibility for rape and certain 
     other crimes of violence upon the perpetrator's marriage with 
     the victim;
       Whereas legislators from various parties in Guatemala have 
     joined lawmakers from Mexico and Spain to form the 
     ``Interparliamentary Network against `Femicide''';
       Whereas the Government of Guatemala and the United Nations 
     recently entered into an agreement to establish the 
     International Commission Against Impunity in Guatemala 
     (CICIG), which has a mandate to investigate and promote the 
     prosecution of illegal security groups and clandestine 
     security organizations that function with impunity and are 
     suspected of attacking human rights defenders, justice 
     officials, and other civil society actors; and
       Whereas continuing impunity for crimes against women is a 
     threat to the rule of law, democracy, and stability in 
     Guatemala: Now, therefore, be it
       Resolved, That the Senate--
       (1) expresses its sincerest condolences and deepest 
     sympathy to the families of women and girls murdered in 
     Guatemala, and recognizes their courageous struggle in 
     seeking justice for the victims;
       (2) expresses the solidarity of the people of the United 
     States with the people of Guatemala in the face of these 
     tragic and senseless acts;
       (3) condemns the ongoing murders of women and girls in 
     Guatemala, and encourages the Government of Guatemala to act 
     with due diligence in order to promptly investigate these 
     killings, prosecute those responsible, and continue to work 
     toward eliminating violence against women;
       (4) urges the Government of Guatemala to recognize domestic 
     violence and sexual harassment as criminal acts and to 
     provide the resources and commitment necessary to strengthen 
     the integrity of the prosecutorial and judicial systems;
       (5) urges the President and the Secretary of State to 
     incorporate the investigative and preventative efforts of the 
     Government of Guatemala regarding the murder of women and 
     girls into the bilateral agenda between the Governments of 
     Guatemala and the United States;
       (6) encourages the Secretary of State to support efforts by 
     the Government of Guatemala to train and equip the special 
     police and prosecutorial units of the Government of Guatemala 
     to conduct thorough and proper investigations of crimes of 
     violence against women, and to implement judicial reform and 
     rule of law programs;
       (7) encourages the Secretary of State and the Attorney 
     General to provide assistance in establishing a comprehensive 
     missing persons system and an effective state protection 
     program for witnesses, victims' relatives, and human rights 
     defenders;
       (8) urges the Government of Guatemala to hold accountable 
     those law enforcement and judicial officials whose failure to 
     investigate and prosecute the murders adequately, whether 
     through negligence, omission, or abuse, has led to impunity 
     for these crimes;
       (9) encourages the Secretary of State to support efforts to 
     identify perpetrators and unknown victims through forensic 
     analysis, including assisting the Government of Guatemala in 
     adequately funding the National Institute for Forensic 
     Science (INACIF) and training lab personnel in investigatory 
     and evidence gathering protocols;
       (10) urges the Secretary of State--
       (A) to express support for the efforts of the victims' 
     families and loved ones to seek justice for the victims,
       (B) to express concern relating to any harassment of these 
     families and the human rights defenders with whom they work, 
     and
       (C) to express concern with respect to impediments in the 
     ability of the families to receive prompt and accurate 
     information in their cases;
       (11) encourages the Secretary of State to continue to 
     include in the Department of State's annual Country Reports 
     on Human Rights Practices all instances of improper 
     investigatory methods, threats against human rights 
     activists, and the use of torture with respect to cases 
     involving the murder and abduction of women and girls in 
     Guatemala;
       (12) recommends that the United States Ambassador to 
     Guatemala continue to meet with the families of the victims, 
     women's rights organizations, and the officials of the 
     Government of Guatemala who are responsible for investigating 
     these crimes; and
       (13) recommends that the Secretary of State develop a 
     comprehensive plan to address and combat the growing problem 
     of violence against women in Latin America.

  Mr. BINGAMAN. Mr. President, I rise today to speak about the tragic 
deaths of women and girls in Guatemala, and to submit a resolution 
urging increased U.S. involvement in addressing this serious issue.
  Since 2001, more than 2,000 women and girls have been murdered in 
Guatemala. The murder rate of these women almost doubled from 2001 to 
2006, increasing at a higher rate than the murder rate of men. While 
these killings may be due to a variety of factors, what clearly unifies 
these cases is the fact that very few of the perpetrators have been 
brought to justice. Indeed, it is my understanding that as of 2006 
there have been only 20 convictions for these killings. In some of the 
cases police have been implicated in the crimes.
  The lack of respect for the rule of law, inadequate legal protections 
for women, ongoing violence in the country, corruption, insufficient 
resources, substandard investigations, and the lack of independent and 
effective judicial and prosecutorial systems, all contribute to the 
inability of the Government of Guatemala to hold those responsible for 
these killings accountable for their crimes. The result is a general 
sense of impunity for crimes against women in the country.
  The Government of Guatemala has taken some steps to address these 
killings. Guatemala has created special police and prosecutorial units 
to investigate these murders, and repealed the so called ``Rape Law'' 
which had absolved perpetrators of criminal responsibility for rape 
upon the perpetrator's marriage with the victim. The Government also 
recently entered into an agreement with the United Nations to establish 
the International Commission Against Impunity in Guatemala, CICIG, 
which has a mandate to investigate and prosecute illegal security 
groups operating with impunity. And Guatemala established the National 
Institute for Forensic Sciences to improve investigatory and evidence 
gathering efforts.
  The resolution I am submitting today is aimed at raising awareness of 
this issue and encouraging the governments of Guatemala and the United 
States to work together to stop these killings. Among other things, the 
resolution: condemns these murders and expresses the sympathy of the 
Senate to the families of women and girls murdered in Guatemala; 
encourages the Government of Guatemala to act with due diligence in 
investigating and prosecuting those responsible for these crimes; urges 
the Government of Guatemala to recognize domestic violence as a 
criminal act and to provide adequate resources necessary to strengthen 
the integrity of the prosecutorial and judicial systems; urges the 
President and the Secretary of State to incorporate this issue into the 
bilateral agenda between the governments of Guatemala and the United 
States; and encourages the Secretary of State to provide assistance in 
training and equipping special police units to investigate these 
crimes, implementing judicial reforms and rule of law programs, 
establishing a missing persons system, creating an effective witness

[[Page 10765]]

protection program, and supporting efforts to enhance forensic 
capabilities.
  Mr. President, I urge my colleagues to support this important 
resolution and give this issue the attention it deserves.

                          ____________________