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CA/EU Negotiations in Brussels

27 Feb 2008

Dear friends,

On January 24, 2008, El Nuevo Diario (Nicaragua) reported that the
European Union's Ambassador to Central America and Panama, H.E. Ms.
Francesca Mosca said that it is important that the Nicaraguan
government show transparency in public finance and approve the Rome
Statute of the International Criminal Court (ICC). Ambassador Mosca
added that the International Criminal Court's ratification is a point
of negotiation, 'but that it is not a pre-condition' for the
conclusion of an association agreement between Central American States
and the European Union. President Ortega of Nicaragua replied stating
that this is a very sensitive issue for his government and that it's
almost impossible for Nicaragua to accede to the Rome Statute.

Nicaragua, El Salvador and Guatemala are not yet States Parties to the
ICC. Together with Costa Rica, Honduras and Panama (as an Observer
State) – States Parties to the International Criminal Court- these
nations are currently finalizing the second round of negotiations to
conclude an Association Agreement with the European Union. In this
context several news outlets have reported on the negotiations,
highlighting in particular, discussions and concerns expressed by some
CA countries in reference to the potential inclusion of an ICC clause
in the association agreement.

According to the information provided below, 'Central America will ask
the European Union to respect each country's position towards the
International Criminal Court.' Mr. Roberto Echandi, Costa Rica's Chief
Negotiator on Political Affairs and Cooperation and spokesman pro
tempore, said that 'Costa Rica stands for consensus' and 'acts
together in a common cause with Central America: we are understanding
each other.'

Mr. Joao Aguiar Machado, Chief Negotiator of the EU delegation said
that the EU is interested in ensuring that Central American states
acknowledge the work of the ICC and ratify the Rome Statute. 'It is
still a very important issue…. and will continue to be,' said Aguiar,
after his first meeting with the Central American delegation.

Several actors have reacted, including the International Federation of
Human Rights (FIDH) and its members organizations Asociación de
Servicios de Promoción Laboral (ASEPROLA), Costa Rica ; Comisión de
Derechos Humanos de Guatemala (CDHG), Guatemala; Centro de Acción
Legal en Derechos Humanos (CALDH), Guatemala; Comisión de Derechos
Humanos de El Salvador (CDHES), El Salvador; and Centro Nicaragüense
de Derechos Humanos (CENIDH), Nicaragua. They sent a joint open letter
to the Heads of State of each of the Central American countries as
well as to the European Union requesting, among other important
topics, the inclusion of an ICC clause in the association agreement.

The letter is available in Spanish at:
http://www.coalitionfortheicc.org/documents/ueamcent2702e.pdf

Note that the translations below are unofficial and are provided by
the CICC Secretariat as a service to our members, and should not be
used for quoting in any official documents.

With regards,

Mariana Rodriguez-Pareja
CICC

***************
Chronological order

25 February 2008

1. "Posibles discrepancias en tema político entre Centroamérica y UE,"
Prensa Latina (Cuba/México)
http://www.prensalatina.com.mx/Article.asp?ID={449C4100-A619-425F-B136-31C14A4
0D164}&language=ES

"Central America and the European Union could face some disagreements
over the ratification of the Rome Statute of the International
Criminal Court, in order to conclude an association agreement. The
Salvadorian Deputy Minister of Foreign Affairs, Eduardo Calix said
that, although this topic is key for the European front, the region
considers it is essential to respect each country's position towards
the ICC.
This is the position Central America will stand for in Brussels, where
there are ongoing negotiations for an association agreement, said
Prensa Gráfica.
The Europeans want to have all the Central American states become
parties to the Rome Statute. Currently, only Costa Rica and Honduras
are members of the Court. Panama is also a State Party, but it is only
acting as an observer in the negotiations. Although these instruments
seek the investigation and prosecution of those who commit human
rights abuses, there is not always confidence in the ICC, stated the
President of the Central American Court of Justice, Mr. Dario Lobo. He
added that there are many interested in promoting cases at an
international level, but maybe there are not enough safeguards…."

2. "C.A. no cederá ante la UE sobre Estatuto de Roma," La Prensa
Grafica (El Salvador) http://www.laprensagrafica.com/nacion/998299.asp

"The Central American 'block' will ask the European Union - during the
second round of consultations- to respect their position towards the
ICC. The five countries (Costa Rica, El Salvador, Guatemala, Honduras,
and Nicaragua) who are part of the delegation that will negotiate an
association agreement with the EU agreed on that position…."

3. "Europeos y centroamericanos reanudan negociaciones en busca de
la asociación," Terra (Spain)
http://actualidad.terra.es/nacional/articulo/europeos_centroamericanos_reanudan_
negociaciones_busca_2278111.htm

"Costa Rican sources indicated that delegates and representatives of
civil society from the six countries will participate in this second
round of negotiations to conclude on February 29.
(…) According to the Costa Rican spokesman, in contrast to the first
round of negotiations that were held in San Jose de Costa Rica from
October 22 to 26, 2007 where only the basics were defined, this summit
in Brussels intends to be 'substantive'…..
Although the agreements over political affairs are very wide, the
drafting of the first chapter has presented many obstacles, such as
the request by the Europeans to include the International Criminal
Court issue. Not all the Central American states acknowledge this
institution that prosecutes crimes against humanity…."

4. "Inicia pulso en Bruselas," La Prensa Grafica (El Salvador)
http://www.laprensagrafica.com/economia/999135.asp

"Mr. Joao Aguiar Machado, Chief Negotiator of the EU delegation said
that the EU is interested in ensuring that Central American states
acknowledge the work of the ICC and ratify the Rome Statute.'It is
still a very important issue…. and will continue to be,' said Aguiar,
after his first meeting with the CA delegation.
Aguiar said that the proposal submitted by CA (to respect each
countries position towards the ICC) will be discussed today (25
February 2008). El Salvador, Nicaragua and Guatemala are the countries
that do not acknowledge the ICC. In Guatemala, the ratification bill
seems to be stalled in Congress, according to one of the delegations.
'What is being discussed here is the political will--- we do not agree
with crimes against humanity…. but the treaty itself is something
else,' said Alfredo Trinidad, Deputy MFA of Guatemala. Nevertheless,
since Arzú's presidency, the Executive Branch has requested the
Guatemalan National Assembly for ICC approval.

Costa Rica stands for consensus. 'El Salvador explained its position
to the rest of the countries, even in our case our MFA is the
President of the Assembly of States Parties. But Costa Rica acts
together in a common cause with CA and we are understanding each
other,' said Roberto Echandi, Costa Rica's Chief Negotiator on
Political Affairs and Cooperation and spokesman pro tempore for this
negotiation.

From the European front, some topics were more emphasized now that in
the first round of negotiations. 'They are further emphasizing the
issue of the non proliferation of weapons of mass destruction. Another
topic is international justice, where the ICC stands, and the struggle
against terrorism,' said Mr. Eduardo Calix, Deputy MFA of El Salvador
and chief of political and cooperation dialogue in the country…."

5. "C.A. no cederá ante la UE sobre Estatuto de Roma," La Prensa
Grafica (El Salvador) http://www.laprensagrafica.com/nacion/998299.asp

"Central America has a joint agreement to discuss during the second
round of negotiations with the European Union: they will ask the EU to
respect their position towards the International Criminal Court
(ICC)…."

27 February 2008

1. Open Letter of the International Federation of Human Rights (Fidh);
Asociación De Servicios De Promoción Laboral (Aseprola), Comisión De
Derechos Humanos De Guatemala (Cdhg), Centro De Acción Legal En
Derechos Humanos (Caldh), Comisión De Derechos Humanos De El Salvador
(Cdhes), Centro Nicaragüense De Derechos Humanos (Cenidh).

Available in Spanish at:
http://www.coalitionfortheicc.org/?mod=region&idureg=4
http://www.coalitionfortheicc.org/?mod=eu

1. "Piden ONG a UE que modere sus negociaciones con América Central,"
El Universal http://www.eluniversal.com.mx/notas/485812.html

"…Representatives from NGOs, parliamentarians and officials gathered
this week in Brussels, in the seat of the European Parliament, to
discuss the second round of negotiations to conclude a free trade
agreement, and increase political dialogue and cooperation between the
EU and Central America.

.....Ms Jimena Reyes, from the International Federation of Human
Rights (FIDH) urged, in particular, the inclusion of a clause to
accede to the ICC Statute to the countries in the region not yet
party: El Salvador, Guatemala and Nicaragua…."


28 February 2008

1. "Avanza negociación con Centroamérica de un Acuerdo de Asociación,
según la CE," Terra (España), 28 Feb 2008
http://actualidad.terra.es/nacional/articulo/avanza_centroamerica_acuerdo_asocia
cion_ce_2287275.htm

"The European Commission (EC) acknowledged the 'advances' in the
negotiations in Brussels with Central America….

[The Chief Negotiator of the EU delegation and General Director for
Latin America, the Portuguese Ambassador Joao Aguiar Machado said]
'Regarding human rights, there are some differences.'

Nevertheless, this difficulty is allegedly the inclusion of ICC
language in the text.

Two Central American countries, El Salvador and Nicaragua, have not
yet ratified the Rome Statute, funding treaty of the ICC, and argue
constitutional obstacles.

'This represents a problem,' said the EU Chief Negotiator.

'It will be necessary for them to resolve this at the domestic level,
something that seems to be quite hard. It may be one of the issues
more difficult to resolve is the political clause…"

29 February 2008

"Centroamericanos y europeos de acuerdo en concluir negociaciones en
2009," EFE (via Yahoo), 29 Feb 2008
http://es.noticias.yahoo.com/efe/20080229/twl-centroamericanos-y-europeos-de-acu
er-e1e34ad.html
"The Central American delegations and the European Union that are
currently in negotiations for an association agreement said that the
negotiations will conclude in 2009.
… The Spokesperson for the Central American group of states,
Ambassador Roberto Echandi-Guardián from Costa Rica said that his
balance of the negotiations is extremely positive.'
… Regarding the mention, in the political chapter, of the
International Criminal Court, whose treaty has not been ratified by El
Salvador, or Nicaragua, Echandi said that it constitutes a problem…."

Also available at: Telediario (Guatemala)
http://www.telediario.com.gt/index.php?id=9032&tim=

1 March 2008

"Comercio: ganador de II ronda C.A.- UE," La Prensa Grafica (Costa
Rica), 1 March 2008
http://www.laprensagrafica.com/economia/1002103.asp

"…The difficult point [in the negotiations] for El Salvador in this
pillar has to do with the request of the EU to ratify the Rome
Statute, which implies an acknowledgement of the International
Criminal Court.

`The ICC is one of the points of political dialogue that seeks for
more ICC ratifications, or at least the willingness to do', Mr. Joao
Aguiar Machado, Chief Negotiator of the EU delegation said. El
Salvador, Guatemala and Nicaragua do not recognize the ICC, while
Costa Rica and Honduras are Parties. The position of Central America
is to keep the status quo. 'We know of sensitivities in Central
America, but we will continue discussing this subject after these
negotiations', he added. The weight of his words does not leave calm
the countries that look for flexibility in this point…."

2 March 2008
"UE analizará propuesta de istmo sobre diálogo político," El
Financiero (Costa Rica), 2 March 2008
http://www.elfinancierocr.com/edactual/economia1442311.html

"Central America proposed to the EU a five subject agenda under the
political dialogue axis of the association agreement. The EU has
committed to provide an answer on this matter before the third round
to be held in El Salvador on April 14th. …. Meanwhile, the European
put three subjects on the table: the non-proliferation of weapons of
mass destruction, the fight against terrorism and the International
Criminal Court…."