[ 2005 ] Part 1 Chapter 3 Americas

Americas 373 Chapter III Political and security questions Americas During 2005, the United Nations continued to ceedings against Nicaragua in a dispute concern- advance the cause of lasting peace, human rights, ing navigational and related rights on the San sustainable development and the rule of law in Juan River. The General Assembly again called the Americas. With the ending of the mandate of on States to refrain from promulgating laws and the United Nations Verification Mission in Gua- measures, such as the ongoing embargo against temala at the end of 2004, the Guatemalan peace Cuba by the United States. The Assembly process had matured into a new phase in which granted observer status to the Ibero-American national actors had assumed fuller responsibility community of nations and the Latin American for monitoring and promoting the accords. A Integration Association. joint agreement in May between the Government of Guatemala and the Office of the United Nations High Commissioner for Human Rights resulted in the establishment of an office for Central America monitoring and reporting on human rights in that country. Despite efforts by the United Nations Stabili- The situation in Central America zation Mission in Haiti (MINUSTAH) and the Hai- Report of Secretary-General. As requested tian National Police to ensure a secure and stable by the General Assembly in resolution 58/239 environment in Haiti, the security situation re- [YUN 2003, p. 276], the Secretary-General submitted mained precarious. Outbreaks of violence and an August report on the situation in Central illegal activities of armed groups continued to be America [A/60/218], which summarized progress a serious concern. The risk of retaliation against achieved by countries in building democratic, MINUSTAH and UN personnel increased, ham- equitable and peaceful societies. The report de- pering the Mission’s ability to carry out its man- scribed activities by the United Nations Develop- date, including preparations for elections. The ment Programme (UNDP) and other UN bodies Mission’s mandate was extended and its capacity to support the efforts of Central American coun- expanded to address the increased political and tries in achieving sustainable development. security challenges prior to and after the elec- The Secretary-General stated that the electoral tions. The Security Council sent a mission to processes in some countries highlighted the need Haiti, in conjunction with the Ad Hoc Advisory for further electoral reforms, particularly in the Group of the Economic and Social Council, to as- area of political parties and their financing sess the situation and to make recommendations mechanisms. El Salvador and Guatemala held on how the international community could help presidential elections in which former actors in Haiti restore good governance and economic the countries’ civil wars played a principal role. and social stability. The Transitional Govern- However, political parties in both countries were ment launched the electoral process, which was unable to garner citizen participation. The elec- to be completed in time for the installation of a toral campaign in El Salvador in March 2004, new President in February 2006, but political and had pitted the ruling Alianza Republicana technical difficulties caused delays. It also Nacionalista (ARENA) against the Frente Fara- launched a national dialogue and adopted a dis- bundo Martí para la Liberación Nacional armament, demobilization and reintegration (FMLN), with other political parties unable to programme, the success of which depended on pose a significant challenge. ARENA won its the willingness of armed groups to lay down their fourth consecutive term in office, an outcome weapons. that had significant repercussions on El Salva- In other developments in the region, the Ibero- dor’s political system and deepened its polariza- American Secretariat was established at the Fif- tion. In Guatemala’s second democratic transfer teenth Summit of the Heads of State and Govern- of government since 1966, Óscar Berger was ment of the Ibero-American community of sworn in as the country’s President on 15 January nations. Costa Rica filed an application with the 2004. In the first months of the new Govern- International Court of Justice instituting pro- ment, Congress approved electoral reforms YUN05—5th proofs Dec. 19 2007 374 Political and security questions called for in the 1996 Agreement on a Firm and of Women and the Office of the Human Rights Lasting Peace [YUN 1996, p. 168]. Electoral reforms Procurator. in Honduras also progressed, with the imple- A joint agreement in May 2005 between the mentation of regulations on the issuance of sepa- Government of Guatemala and the Office of the rate lists for presidential, congressional and may- United Nations High Commissioner for Human oral elections; the participation of small political Rights (OHCHR) resulted in the establishment of parties; alliances among parties; and the dura- an OHCHR office for monitoring and reporting tion and financing of electoral campaigns. Voters on the national human rights situation. The of- elected Manuel Zelaya as President on 27 Novem- fice, which became operational in July, would ber 2004. In Nicaragua, the electoral system continue the work done by the United Nations needed profound transformation to ensure im- Verification Mission in Guatemala (MINUGUA) partiality and transparency for the November (see p. 376), advise the Government on human 2006 elections. rights policies and assist national institutions. As violence in Central America had become The new administration also made efforts to ad- widespread, with the homicide rate in some dress discrimination against the indigenous pop- countries reaching epidemic levels, public ulation, support a reparation programme for vic- security was a central concern. Youth gangs were tims of human rights violations, and publicly a major security threat in the region, with an esti- recognize State responsibility for past human rights violations. mated 200 to 400 gangs in Guatemala, compris- ing some 150,000 to 200,000 members between Despite progress achieved in the area of judi- 10 and 17 years old. The youth-gang phenome- cial reform, marginalized sectors of Central non was due to widespread migration as a result America had limited access to justice, resulting of the breakdown in family structures, a young in widespread impunity. Lack of independence population, 74 per cent of which was under the from other State powers, deficient funding and age of 35 in 2000, the impact of poverty on ado- poor coordination were issues prevalent in sev- lescents’ prospects, and the availability of eral judiciaries. In Guatemala, while centres for weapons. Organized crime had also afflicted the the administration of justice had been opened in region, with some countries becoming transit isolated, indigenous areas and there were more points for illegal drug-trafficking. Efforts to ad- mediation centres, poor inter-institutional coor- dress the public security crisis included joint op- dination and unclear policies on hiring bilingual erations by the police and military in El Salvador, staff for Guatemala’s indigenous population, half of whom did not necessarily speak Spanish, Guatemala and Honduras. The Secretary- had affected their effectiveness. Although the General expressed concern about the potential Honduran judicial system had been modernized for blurring the line between security and na- since the 1990s, resulting in a lessening of cor- tional defence matters and urged that the distinc- ruption, improved access to justice was not in- tion between the two be upheld. cluded in the reform. In El Salvador, an agree- While the region had advanced in establishing ment between the Supreme Court of Justice and peace through the eradication of violence, dis- the National Council on the Judiciary to establish crimination, impunity and inequities, UN hu- a judicial training programme marked a positive man rights mechanisms continued to observe development towards resolving tension between deficits in those areas. Women and children in the two institutions. A climate of mistrust of the Central America were often the victims of vio- justice system prevailed in Nicaragua, especially lence, and human rights defenders and journal- concerning the lack of political independence. A ists had become the target of threats and persecu- 2004 judicial career law regulating the judi- tion. Many obstacles hampered efforts to bring ciary’s administrative and financial management perpetrators of human rights abuses to justice, granted the politicized Supreme Court discre- and cases of torture, disappearances and extraju- tionary power to name a number of judges. dicial executions continued to go unpunished. In the area of governance, the Secretary- Inadequate Government funding of national hu- General said that corruption was endemic in man rights institutions had also slowed progress. Central America, although unprecedented steps The Special Rapporteur on violence against had been taken to address it. Corruption scandals women, in visits to Guatemala and El Salvador in in Costa Rica involving three former Presidents; 2004, cited impunity as one of the most promi- the alleged misuse of some $16 million by the for- nent concerns in both countries. As recom- mer Guatemalan President during his tenure; mended by the Special Rapporteur, the Govern- and the sentencing of the former Nicaraguan ment of El Salvador increased the 2005 budgets

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