Fifty-eighth session

Item 26 of the provisional agenda*

The situation in Central America: procedures for the establishment of

a firm and lasting peace and progress in fashioning a region of peace, freedom, democracy and development

United Nations Verification Mission in Guatemala

Report of the Secretary-General**

Summary

I. Introduction

1. The present report is the eighth on compliance with the peace accords signed by the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), submitted pursuant to the mandate entrusted to the United Nations Verification Mission in Guatemala (MINUGUA) by the General Assembly in its resolution 51/198 B of 27 March 1997. It covers developments from 1 May 2002 to 15 July 2003.

MINUGUA - Eighth report

2. MINUGUA, which will be completing its ninth year in 2003, is entering its final phase of operations. The Mission’s mandate was last extended until 31 December 2003, by resolution 57/161 of 16 December 2002. In that resolution the General Assembly took note of the request of the Government of Guatemala for a final extension through the end of 2004, considering that elections will be held in 2003 and a new Administration is scheduled to take office in January 2004. The resolution noted concerns in Guatemalan civil society and in the international community that voids would be created should MINUGUA depart Guatemala before a new Government had taken office and demonstrated its commitment to the peace process.

MINUGUA - Eighth report

3. On 18 April 2002, I informed the General Assembly that I had designated Tom Koenigs of Germany as my Special Representative in Guatemala and Head of MINUGUA, effective 1 August 2002. Mr. Koenigs replaced Gerd Merrem.

MINUGUA - Eighth report

4. During the period covered by the present report, MINUGUA continued to verify compliance with the peace agreements while intensifying a transition programme designed to strengthen the capacity of national actors to carry the peace agenda forward following the conclusion of the Mission. Among MINUGUA’s transition partners in Guatemala, special priority has been placed on the Office of the Human Rights Ombudsman. Under a memorandum of understanding signed in 2002, the Mission has been providing training in the area of human rights verification, thus sharing the experience gained in this field since the installation of MINUGUA.

5. The Mission’s transition strategy also attaches great importance to ensuring follow-on to the peace process by the international community, particularly through the specialized agencies, funds and programmes of the United Nations system. MINUGUA has intensified its coordination with the Office of the United Nations High Commissioner for Human Rights, in the expectation that it will expand its presence in Guatemala as MINUGUA departs. Also of importance is the United Nations Development Programme (UNDP) technical assistance for peace priorities and reporting by the United Nations country team on compliance with socio-economic commitments envisaged in the peace accords. The Mission has also been supporting efforts to strengthen the role of government/civil society commissions established under the peace agreements to ensure follow-through and participation in the implementation process.

6. Progress in implementation fell short of expectations and was insufficient to inject momentum into a peace process that had stagnated in previous years. Advances were verified in certain areas, such as the passage of legislation against discrimination, the redeployment of military units and the development of a national reparations programme for the victims of human rights violations committed during the armed conflict. But there was also inaction on many important issues. Moreover, progress was overshadowed by such negative trends as the worsening public security situation, persistent corruption, setbacks in the fight against impunity and an ongoing climate of intimidation against justice officials and human rights defenders.

7. Consolidating the vision of the peace accords will require greater political will, the involvement of all sectors of society and the continued engagement of the international community. The critical evaluation of progress during this past period should not be a cause for pessimism. Nor should we lose sight of the broader gains of the Guatemalan peace process. With elections approaching in November 2003 and a new Administration to take office next year, the challenge ahead will be to consolidate gains to date and to deepen crucial processes of reform. Political context