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U.S. DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT, MARCH 1996: GUATEMALA

United States Department of State

Bureau for International Narcotics and Law Enforcement Affairs


GUATEMALA

I. Summary

Guatemala is both a major transshipment center of cocaine en route to the U.S. and a producer of opium and marijuana. Recent information indicates that large quantities of chemicals, particularly ephedrine, are diverted through Guatemala to Mexico and the United States. The Government of Guatemala (GOG), within the constraints of its limited resources, has worked with the USG in countering these threats. Narcotics trafficking is another corrosive element in Guatemala's nascent democracy, already afflicted by high levels of violence and corruption. In the GOG, some attention has been diverted from narcotics to fiscal issues and the peace process to end Guatemala's 35 year civil war. With USG support, the Department of Anti-Narcotics Operations (DOAN), a specially trained and equipped unit within the Guatemalan Treasury Police, continued to carry out investigations, interdiction operations, and a successful opium poppy and marijuana eradication campaign. In 1995, about one metric ton of cocaine was seized in Guatemala. In addition, aerial and ground operations eradicated over 85 hectares of opium poppy, virtually all the known cultivation. Guatemala is a party to the 1988 UN Convention, but has not yet implemented many of its provisions.

II. Status of Country

With hundreds of unmonitored airfields, an internal road network and river system leading to an uncontrolled border with Mexico, and with no air-search radar capability, Guatemala became the Colombian cartels' choice for cocaine transshipment in the early 1990s. As Guatemalan/US air interdiction programs became more effective in capturing and deterring cocaine smuggling via light aircraft, trafficking organizations shifted to land and sea smuggling modes, turning Guatemala into a major staging area for overland and sea-borne shipments.

Guatemalan drug and alcohol education and rehabilitation experts estimate that at least one out of four adults suffer from some sort of chemical dependency, principally alcohol abuse. Illicit drug use, while still small, has increased markedly since 1990 and contributes to the extremely high level of violence in the country, especially in the capital city.

Opium gum from poppy fields in northwest Guatemala is smuggled to Mexico for processing. Cannabis is grown throughout the country, primarily for domestic consumption. USG-supported DOAN units conduct manual eradication as well as drug-related investigations.

III. Country Actions Against Drugs in 1995

Policy Initiatives. There were few narcotics control policy or legislative initiatives during the last year of President de Leon Carpio's administration because of election-year political maneuvering. The Ministry of Government (MOG), preoccupied with a deteriorating public security environment, did not focus specifically on narcotrafficking as a major internal problem. No progress was made in developing a national counternarcotics master plan.

The GOG began to take several important steps to institutionalize its counternarcotics agencies--primarily the DOAN and the special narcotics prosecutors. On the law enforcement side, the MOG increased compensation for all police, including the DOAN, with two levels of risk bonuses. Although this was a much needed step, the GOG has yet to specifically recognize the skill and risk of the DOAN's work. Recognizing the shifting transportation modes used to smuggle cocaine into and through Guatemala, the GOG supported efforts to restructure the DOAN and to increase manpower in investigations, road and seaport inspections, and planning and training. The highly successful (and self-financed) port security program was expanded to a second port. With more GOG interest, this private sector program could be expanded to all ports within a year. The GOG also authorized drug eradication units to be formed as a separate division of the DOAN.

Accomplishments. Counternarcotics programs are divided among several ministries and not well coordinated at upper policy levels. The inter- ministerial coordinating committee established by the 1992 narcotics law has not functioned. Nonetheless, the GOG has sustained very credible anti-narcotics enforcement programs, primarily through the DOAN but also in other areas of the government such as the Attorney General's office.

GOG action on extradition of suspected narcotraffickers has been mixed. Since 1989, five have been extradited to the United States and two requests have been formally denied. On a positive note, Guatemala expelled two Americans in 1995 wanted in the U.S. on narcotics-related charges.

Law Enforcement Efforts. The DOAN was unable to intercept several known flights of drug-smuggling aircraft flying to the remote Peten, primarily because of insufficient radar warning time. Drug control authorities seized over 500 kilos of cocaine on the ground. Most suspect planes by- passed Guatemala en route to Mexico. The DOAN's success against major trafficking organizations have caused their fragmentation, thus increasing the difficulty of investigations.

As a result of detailed analysis of organizational requirements the MOG has decided to restructure the DOAN to enhance its overall command and control, investigative capability, and planning and logistics support. In addition, manual eradication units are being stream-lined and dedicated full time to antinarcotics missions. With USG support, the GOG completed construction of an anti-drug school to provide counternarcotics courses for the DOAN, other GOG institutions, and law enforcement officers in the region.

The Public Ministry strengthened the office of the special prosecutor for narcotics, adding several assistant prosecutors and investigators. An antinarcotics hotline was established for people to report suspected drug activity. The DOAN routinely attacks drug trafficking transportation networks, coordinating closely with US law enforcement agencies and with regional partners in Central America. The DOAN has also successfully conducted its own investigations and arrests, without USG support or intelligence.

Corruption. Corruption is a major problem in Guatemalan society. There have been strong efforts by both the USG and the GOG to ensure that counternarcotics programs not be corrupted. We have no proof that any senior officials of the current administration engage in, encourage, or facilitate the production or distribution of illicit narcotics or drug money laundering. Corruption in the courts is a major problem that the judicial branch is beginning to tackle with the support of various USG- backed initiatives. The Supreme Court has yet to establish specialty narcotics courts to help control corruption as outlined by Guatemala's 1992 narcotics law.

Agreements and Treaties. Guatemala is party to the 1961 UN Single Convention and its 1972 protocol, the 1971 UN Convention on psychotropic substances, and the 1988 UN Convention. While law enforcement efforts by the GOG have been fully consistent with the goals and objectives of the 1988 UN Convention, many aspects of it have not been codified into law, including controls on extradition, money laundering, and chemicals. This lack of legislation hampers law enforcement efforts. The GOG signed comprehensive bilateral drug control agreements with the U.S. in 1995; however, the de Leon administration did not move forward on needed implementation legislation. There is an extradition treaty between the U.S. and Guatemala, but the extradition relationship is not particularly productive.

Cultivation and Production. Typical opium poppy fields measure less than one-fifth of a hectare and are located among legitimate crops in steep mountain ravines at elevations of up to 10,000 feet. Poppies are grown from May to February, allowing a diligent farmer to have three harvests per year. The GOG has mounted manual eradication operations and permitted USG-supported aerial eradications that have virtually eliminated crop levels to negligible amounts, despite the continuing insurgency and problems in communication and logistics. Traffickers convert raw opium gum to morphine base in Guatemala before shipment to Mexico, where it is refined into heroin.

Drug Flow/Transit. Aerial interdiction successes in part caused narcotraffickers to shift emphasis to maritime and vehicular smuggling methods through Guatemala, and to develop less risky methods and routes; however, in late 1995 there was an apparent return to air smuggling, especially into Peten, a relatively unpatrolled region.

Domestic Programs. Several small, private demand reduction organizations work in Guatemala, coordinated by the National Council Against Alcoholism and Drug Addiction, CONAPAD, which reports to the office of the vice-president. CONAPAD has extremely limited financial resources for drug awareness programs and has begun to seek private sector support. The GOG is against legalization of drugs, and continues to provide some support for drug education programs.

IV. US Policy Initiatives and Programs

Policy Initiatives. Using intelligence gleaned from both aerial reconnaissance and informants, DOAN units eradicated an estimated 28 hectares of opium poppy in 1995. In addition to destroying fields which are inaccessible to aircraft, the DOAN provides a law enforcement presence in the growing areas and arrests growers whenever possible. With the opium poppy crop now under control, an integrated program of aerial and ground eradication should prevent Guatemala from returning to the ranks of major opium production. Guatemala should accelerate needed justice sector reforms, especially when dealing with narcotics cases.

Bilateral Cooperation. Working within its limited resources, the GOG collaborated well with USG law enforcement agencies on intelligence collection, criminal investigation, interdiction operations, and eradication of illicit cultivation. Because 1995 was an election year, additional reforms and legislative efforts did not advance significantly.

The Road Ahead. The out-going government has left the new administration an environment of public concern about violence and criminality as well as many long-term narcotics-related issues. Major cocaine transshipment is expected to continue for the foreseeable future. With USG assistance, the GOG will continue to develop more effective investigative and law enforcement units to control transshipment. Change in the judicial system will come more slowly.

Precursor chemical diversion will continue to be a significant problem, one the next Guatemalan Congress is expected to address with effective legislation. In addition, specific legislation is needed to control money laundering.

Opium poppy and marijuana cultivation will be controlled through periodic aerial and manual eradication supported by an intensive public information campaign. The GOG will increase public education and demand reduction efforts, focusing on school children. Cocaine abuse will continue to grow as traffickers pay for local support with cocaine that must be sold on the local market. Domestic cocaine trafficking and use will exacerbate domestic violence and strain even more the already shaky civilian police force.

[Editor's Note: EXCEL file; see Charts and Graphs Directory]

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