Media Work
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NISGUA Articles and Interviews

Questions and Answers: Sarah Aird
Washington Report on the Hemisphere
Conducted by Chanin Webb
December 4, 2001

Sarah Aird is the Director of NISGUA, a Washington and Guatemala-based NGO seeking to change U.S. policy and promote justice in Guatemala. She is actively involved in the Ríos Montt genocide case.

What is the status of the genocide case against Efraín Ríos Montt, current president of the Guatemalan Congress and a former dictator?
Roughly eleven communities have brought a legal case against him. They are the survivors and family of those who were victims of the massacres he allegedly authored. Along with another ten communities, they make up the Association for Justice and Reconciliation (AJR), which is a broad alliance bringing charges of genocide against the military high commands of both former dictators, Efraín Ríos Montt and Lucas García. They know all the risks involved, but nevertheless feel that the country needs to have justice. They have found the courage to bring these cases forward. Although they have important legal support, they are the ones at risk for actively prosecuting the case against Ríos Montt. The Center for Human Rights Legal Action, which is their legal representative, estimates that all the key eyewitnesses in the case will be interviewed by the end of the year. I don’t know if that is realistic, but it was the last estimate I heard.

As the case moves forward, what are the major obstacles to overcome?
In terms of obstacles, one of the first and most obvious is that these cases are not just being brought against people who committed violations twenty years ago, but against those who committed such heinous acts yet are still now at the highest echelons of power. They still have strong ties to the military and have great influence in the country. One clear example of how this has played out is the recent attack on AJR president Anselmo Roldán, who only survived by throwing up his arm to deflect a blow. The would-be assailant, unable to finish his task, ran away when Anselmo’s son appeared on the scene. It was not merely a threat, but an attempt on his life: had the attack gone as planned, he would have been killed. These are the sorts of intimidations that the people and their leaders are facing. Another indication of the dangers are the number of witnesses that have requested international accompaniment because they feel their lives are in danger due to daily threats. The government is not providing any sort of witness protection program and the lack of any institutional support for them is a tremendous problem. The major concern at this particular stage is that the current administration is deeply involved in acts of intimidation (as current head of Congress, Ríos Montt, is in a position to prevent these cases from moving forward). So in some sense, it is very unlikely that these cases will go to trial while the current administration is still in power, which might mean that the cases will not be heard until 2004. But at the same time, a lot can still be done and with the proper national and international pressure, the situation could be significantly changed.

Why is this case important in establishing a precedent for hemispheric, if not global, justice?
One of the reasons that this case is so important is that it will help establish a precedent for the future role of the survivors and affected communities. The litigation is not being led by NGOs nor by concerned observers from the outside, but by the people who themselves suffered from the massacres. They are the heroes. The fact that these cases are survivor-driven is really important in setting an international example. This is also the first case in the Americas where genocidal crimes against humanity are being brought against a sitting public official. In that sense, this is really precedent-setting and can serve as a model, not only in Latin America but also in the fight against impunity worldwide.

How has Guatemalan public opinion changed regarding the indigenous communities since the end of the 36-year civil war in 1996?
Since the termination of the conflict there have been some positive changes, such as a resurgence of civil society and the formation of non-governmental organizations and other groups that previously were unable to exist – although that is not to say that these associations and civil society groups are able to work freely and without threats and intimidation even now.

According to the latest MINUGUA (UN Peace Mission in Guatemala) report, apartheid exists in Guatemala on a de facto basis. For the most part, conditions have not changed: the indigenous populations continue to face the same discrimination as in the past.

The current administration of President Alfonso Portillo was elected on promises to fight crime, reform the justice system and protect human rights. Have these pledge been upheld?
Easy answer… This administration is incredible in its willingness to be transparent in its corruption. While other governments may have tried to hide it a bit more, the Portillo administration is facing new accusations of stolen monies and acts of bribery almost on a weekly basis. These high levels of corruption are undermining the entire legal process. Corruption and injustice have been constant themes of this administration. In general, the human rights situation also has worsened since the Portillo administration has come into power. For example, one of the reforms that was supposed to have come from the UN-brokered pace accords was the restructuring of the national police. Today, much of the police force is still made up of those with a military background; within the past year alone, the force has been responsible for increasing human rights violations.

In general, the judicial system has also been a disaster, with the one bright light being the relative success in resolving the Bishop Juan Gerardi assassination case. However, in that particular instance, the people found guilty were not so tightly connected to Ríos Montt and his FRG party that it was politically important to try to protect them. Thus, it was easier to move the case forward, helped by an incredible amount of international pressure, which really has been effective. But at the same time, this case has come at a high price, with several of the judges and individuals involved in it being forced to flee the country on grounds of personal safety, while others have been killed. So while the case is a shining light, it has come at a very high price.

What shortfalls in democracy exist in the country today?
Basically, Congress, which is dominated by the FRG and headed by Ríos Montt, is really the powerhouse behind this administration, with Portillo being little more than a figurehead. Portillo has been on the sidelines; he has not been active in the legislative process and has been absent during the majority of congressional sessions. You can say that he has really been out of the loop, quite marginalized. That is just one example of how the idea of having different branches of government to help balance power is not working at this time. The vice president is really the person in the executive branch working with congress, and he is also an FRG strongman. Such practices threaten the solidity of governmental institutions found in today’s Guatemala.