CICIG

I recently came across this article from the New Yorker magazine about the ‘self-murder’ of Rodrigo Rosenberg, which transfixed Guatemala and much of the international media at the end of 2009. You may remember that he was the lawyer who had released on his death a video which began with him saying, “Good Afternoon, my name is Rodrigo Rosenberg Marzano… sadly if you are watching or hearing this message it is because I was murdered by President Alvaro Colom…” His accusations were seized on to generate the most serious political crisis seen in Guatemala for some years. Allegations were made about other people too: the president’s wife, private secretary and a major party funder.

The article, 'A Murder Foretold', by David Grann, reminds me of the recent book by Francisco Goldman, ‘The Art of Political Murder’. It is well worth the read, and like many things in Guatemala, seems to throw up more questions than answers.

Unbelievable stories from an all too believable country.

Whilst CICIG-the International Commission against Impunity in Guatemala- is no stranger to criticism, it has come under attack in recent weeks, the intensity of which seems to be aimed at delegitimising the very basis of the organisation. During this time it is wise to remember who the CICIG are, what its mandate is and the influence it has had in the country since its arrival. CICIG was founded in 2006 due to concerns over corruption in the justice system. Their mandate was prolonged in 2009 at the request of the current head of state, Alvaro Colom with funding until September 2011. Crucially, the organisation’s mandate has been very clear from the start; that is, to carry out the following three functions: First, CICIG shall investigate the existence of illicit security forces and clandestine security organizations that commit crimes that affect the fundamental human rights of the citizens of Guatemala, and identify the illegal group structures (including links between State officials and organized crime), activities, and modes of operation and sources of financing. Second, CICIG's professional personnel shall support the work of Guatemalan institutions, principally the Attorney General in his work to investigate and prosecute the individuals involved in the illegal groups. Additionally, CICIG will make recommendations to the Government for the adoption of new public policies mechanisms and procedures directed at the eradication of these groups and will strengthen the State's capacity to protect the basic human rights of its citizens. Third, the Commission shall provide technical assistance to Justice Sector institutions in order to leave the Public Prosecutors Office and National Civilian Police better equipped to fight organized crime even after the conclusion of CICIG's mandate. The roles represent CICIG’s commitment to deconstructing the institutionalised corruption of the state as well as strengthening the judiciary and its independence from state politics.

The lamentable resignation of Carlos Castresana, head of the International Commission against Impunity in Guatemala, better known by its initials as CICIG, has focussed attention on this important body. We should not forget how unique it is, as you can read in this interesting paper [1] sent to us recently. Its main thrust is that CICIG can be a model for how to organise external intervention to mend legal systems.

CICIG is unique in the sense that it is not entirely an international effort, nor is it wholly domestic, it has a bit of both but ultimately has to fit into the Guatemalan judicial system. It is also unique in being able to suggest reform, and includes training local personnel, all taken together ought to create a lasting legacy.

News this last week from Guatemala centred on the resignation of Carlos Castresana, head of CICIG, the UN International Commission against Impunity in Guatemala. It seems to me that CICIG had been important in providing some measure of hope for the victims of impunity – victims, mostly interestingly, of the Guatemalan State.

Recently, Barbara Schieber in The Guatemala Times, published a piece which again highlighted the contradictions in Guatemala around state responsibility and state ability to tackle the endemic violence affecting that country.

The Association of Bi-national Chambers of Commerce (ASCABI) has requested that the Guatemalan government announces a state of prevention (Un Estado de Prevención is its rightful term and doesn’t translate easily into English). It is, in fact, a decree suspending particular and named constitutional rights. The article states that the limitations to civil and human rights include the following: the right to organise meetings, the right to public demonstrations, and includes state censorship of the media. What is exercising the minds of ASCABI is the level of violence in the country and its effect on their ability to make money, sorry, to provide a better environment for foreign investment.

ASCABI constitutes the Chamber of Commerce of Brazil, Colombia, Israel, Canada, US, Germany, Spain, India, and Mexico. On the face of it this appears a strange mixture though off the top of my head, there is the Canadian interest in quelling any struggles against mining interests.  It might be interesting to see what is of interest to, for example, India, Israel and Germany. This grouping sees the Estado de Prevención as being an effective way to control delinquency and to promote security in Guatemala. What might also be an effective measure should they bother to look, would be fiscal reform. However, surprise, surprise, Guatemala´s private sector opposes any fiscal reform to support the justice and security sectors in their country.

Last Sunday, among the now routine roll-call of violent death in Guatemala appeared one name for whom the grave would not be silent. “Good Afternoon, my name is Rodrigo Rosenberg Marzano… sadly if you are watching or hearing this message it is because I was murdered by President Alvaro Colom…” His accusations have been seized on to generate the most serious political crisis seen in Guatemala for some years. Allegations are made about other people too: the president’s wife, private secretary and a major party funder.

You might think that the only anti-impunity measure that Guatemala needs is to have a justice system that works. However, that is simple to say and very difficult to bring about after “agents or former agents of the State have woven a secret, behind-the-scenes network dedicated to obstructing justice. They have created a virtual alternative government that functions clandestinely with its own standardized and consistent modus operandi. In such a context, crimes are not clarified, and those responsible are not identified. Society finally forgets the cases and becomes resigned”, according to the Institute of Political, Economic and Social Studies in 2000.