E. Guatemala
Perhaps the most overlooked genocide of the twentieth century has been the Guatemalan government's campaign against its Indian population. One reason that the genocide has attracted little attention may be that the Guatemalan government has been friendly to the United States.
Gun control in Guatemala has always been intimately tied to the military's determination to maintain itself as the dominant institution in society. [52] After taking power with a revolutionary army of just forty-five men, the Guatemalan government of 1871 speedily decreed the registration of all "new model" firearms. [53] Registered guns were subject to impoundment whenever the government thought necessary. [54] In 1873, firearms sales were prohibited, and firearms owners were required to turn their guns over to the government. [55]
Apparently, the enforcement of the 1873 law began to wane. In 1923, General Jose Orellana, who had taken power in a coup a few years before, put into force a comprehensive gun control decree. [56] The law barred most firearms imports, outlawed the carrying of guns in towns (except by government officials), required a license for carrying guns "on the public roads and railways," set the fee for a carry license high enough so as to be beyond the reach of poor people, and prohibited ownership of any gun that could fire a military caliber cartridge. [57]
In 1944, two officers led a revolt against the military government. [58] "Distributing arms to students and civilian supporters, they soon gained control of the city [Guatemala City, the capital], and two days later Ponce [the dictator] resigned, though not before nearly a hundred people had died in the sporadic fighting." [59] The first free elections in half a century were held. [60] The new government did not eliminate the gun control laws, but it did regularize the issuance of carry permits by specifying that the permits would be issued to an applicant who could "prove his good character by means of testimonials from two persons of known honesty." [61]
In 1952, the democratically-elected government of Jacobo Arbenz began an agrarian reform plan that expropriated large uncultivated estates. [62] Compensation was based on the taxable value of the land. The United Fruit Company was angry at the seizure of 386,000 acres of the company's reserve land in exchange for what the company considered inadequate compensation. [63] In June 1954, a force of Guatemalan exiles, trained by the CIA, invaded Guatemala from Honduras. [64] "Unable accurately to assess the situation in the capital, Arbenz resolved to do as he had done in 1944 and distribute weapons to the workers for the defense of the government. The army refused to obey, and on 27 June, Arbenz resigned . . . ." [65]
Contrary to the assertion of the authors, [66] it is unclear whether total repeal of the gun controls a decade before would have saved the democratic government. Firearms at a free-market price might still have been beyond the financial reach of the peasants and students in a very poor country. What might have made a difference, however, is the actual distribution of surplus military arms for free to the citizens of Guatemala while the democratic regime was in power. [67] But such a policy was not implemented, and for all practical purposes, the military retained a monopoly of force. As the authors note, the monopoly "made Arbenz, a duly elected President, serve at the Military's pleasure. When they wanted him to go, he went." [68]
In November 1960, reformist military officers attempted a coup and garnered the support of about half the army. [69] Peasants, wanting to fight for their own land, asked the rebels for guns so that the peasants could join the battle; the rebels refused. [70] The coup was finally crushed by loyalist forces who were supported by the United States. [71] From the 1960s to the 1980s, the Guatemalan government found itself engaged in perpetual counterinsurgency campaigns. As part of these campaigns, right-wing terror squads were unleashed to murder suspected subversives, although regular army units also participated extensively. [72] Approximately 100,000 Mayan Indians were murdered by the government during this period. [73]
Amnesty International has waged a long and courageous campaign against human rights abuses in Guatemala. [74] The authors reviewing Amnesty International's proposals for restoring human rights to Guatemala, note that the group nowhere advocates recognition of a strong legal right to arms or the arming of the victim populations. [75] Instead, Amnesty argues that the government should control itself better:
The government should also thoroughly review the present method of reporting and certifying violent deaths, particularly those resulting from actions taken by any person in an official capacity. The aim of such an inquiry should be to create procedures which will ensure that such deaths are reported to the authorities, who then impartially investigate the circumstances and causes of the deaths. All efforts should be made to identify the unidentified bodies that are found in the country and frequently buried only as "xx", in order to determine time, place and manner of death and whether a criminal act has been committed. [76]
Is the Amnesty proposal realistic? "It seems absurd," write Simkin, Zelman, and Rice, "to appeal to so blood-drenched a government to 'impartially investigate' atrocities its officials have committed." [77]
The failure of the Guatemalan government to prosecute its agents for perpetrating government-sponsored genocide suggests that hopes for domestic legal reform may be of little use in actually stopping genocide. As the next two chapters illustrate, international law may be of little greater practical efficacy.