guatemala human rights report 2020
Outgoing president Morales had only one woman in his cabinet in 2019, while President-elect Giammattei named two female ministers by year’s end. [1] Guatemala: Last chance for justice – dangerous setbacks for human rights and the fight against impunity in Guatemala (AMR 34/0611/2019).
While the Constitutional Court overruled Morales later that month, Velásquez and 11 investigators were not allowed to return to the country. The constitution stipulates a four-year presidential term, and prohibits reelection. Her case was still continuing at year’s end. Congress approved a state of siege declaration in six northeast departments in September 2019, after three soldiers were killed in a clash with drug traffickers. Alejandro Giammattei was elected president in August after defeating former first lady Sandra Torres in a runoff; he will take office in 2020. Guatemalan politics are unstable and power rotates between parties frequently, which can discourage a traditional opposition from coalescing. Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? Congress also moved forward with the discussion of Bill 5257, which could have led to the arbitrary closure and further criminalization of civil society organizations, however, despite numerous attempts, was unable to pass it into law. Prison facilities are grossly overcrowded and rife with gang and drug-related violence and corruption. Ho… October 7, 2020 “Every Day I Live in Fear” Violence and Discrimination Against LGBT People in El Salvador, Guatemala, and Honduras, and Obstacles to Asylum in … Election monitors received complaints from female officeholders and candidates who consistently reported discrimination. His office also faced severe budget restrictions that limited its ability to carry out its functions. The government succeeded in definitively shutting down the International Commission against Impunity in Guatemala (CICIG). Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? In the August 2019 runoff, Alejandro Giammattei of the Vamos party won 58 percent of the vote, defeating former first lady Sandra Torres of the center-left National Unity for Hope party (UNE). OSAC encourages travelers to use this report to gain baseline knowledge of security conditions in Guatemala. The first openly gay man to enter Congress, Aldo Dávila, was elected in 2019, but political opportunities remain rare for the LGBT+ community. The reader is cautioned to refer to the source documents, available through Regional Documentation Centres, for explanation of these statistics and for additional information that i… United Nations High Commissioner for Human Rights. High levels of violence, kidnappings, and extortions at the hands of the police, drug traffickers, and street gangs continue, with related fears and risks routinely affecting the lives of ordinary people. |
Does due process prevail in civil and criminal matters? Access to justice remains difficult, especially for the indigenous community. 03.02.21. The Strategy aims to secure U.S. borders and protect American citizens by addressing the security, governance, and economic drivers of illegal migration and transnational crime, while increasing opportunities for U.S. and other businesses. Dianna worked at the Guatemala Human Rights Commission from 1994 to 2002. The report reflects investigative work that Human Rights Watch staff undertook in 2020, usually in close partnership with human rights activists in the country in questions. Reports covering the general conditions, state of human rights, and major events of countries. Human Development Index (HDI), male: n.a.
However, OAS election monitors reported that this provision was inconsistently applied during the 2019 elections; some candidates who belonged to different parties than the one that nominated them were rejected before the TSE overruled those decisions. Authorities and lawmakers in recent years have taken some steps to address the lack of transparency in party financing and to prevent illegal party financing—both of which were serious problems in the 2015 polls. Under this scheme, from November, the US started return asylum seekers from Honduras and El Salvador to Guatemala, generating serious concerns regarding risks to their rights to life and integrity, and protection from deportation. Electoral crimes prosecutor Óscar Schaad fled Guatemala days before the first round in June 2019, after he and his family were threatened; Schaad resigned in November. Protests related to environmental or indigenous rights issues have been met with harsh resistance from the police and other armed groups. Political candidates risk attack during campaign periods; Spanish news agency EFE reported that at least 10 candidates were killed in the run up to the June 2019 elections. Only 19.38 percent of the incoming Congress is female. However, new groups sometimes face bureaucratic delays from the TSE when attempting to register. LGBT+ people face discrimination, violence, and police abuse and are unprotected by legislation. Disciplinary action was taken against several judges in 2019, in apparent retaliation for their rulings on sensitive cases related to corruption and human rights abuses. The authorities continued to obstruct the fight against impunity, putting justice and the rule of law at risk. Attacks against human rights defenders intensified, in a context of shrinking spaces for civil society. Indigenous communities suffer from high rates of poverty, illiteracy, and infant mortality. The judiciary is hobbled by corruption, inefficiency, capacity shortages, and intimidation of judges, prosecutors, and witnesses, both by outside actors and influential figures within the judiciary. Elections take place within an inchoate multiparty system in which new parties are frequently created. Criminal gangs often force children and young men to join their organizations or perform work for them. Featured pages. The constitution guarantees freedom of assembly, but this right is not always protected. Promotions were also granted to personnel who, according to some experts, did not meet the required qualifications. Giammattei will replace outgoing president Morales, whose term ends in January 2020. Geneva-Paris-Guatemala City, January 18, 2021 - The defense of human rights continues to be a high-risk activity in Guatemala, with more than 1000 attacks on defenders in 2020 and a total lack of a public agenda that would guarantee the right to defend human rights, says a briefing published today by the Observatory (OMCT-FIDH) and UDEFEGUA. Country Reports on Human Rights Practices The annual Country Reports on Human Rights Practices, also known as the Human Rights Reports, cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights … Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people - Mission to Guatemala (A/HRC/18/35/Add.3) Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health - Mission to Guatemala (A/HRC/17/25/Add.2) Weak campaign finance regulations have historically permitted lopsided financing of candidates, as well as financing of candidates by special interests and organized criminal groups, distorting the political choices of citizens. |
In recent years, investigations by CICIG and the Attorney General’s Office have exposed more than 60 corruption schemes, implicating officials in all three branches of government, and prompting the resignation and arrest of the country’s then-president and vice-president in 2015. Brazil: Covid-19 deaths of human rights defenders due to dismantling of social policies and government neglect. GUATEMALA 2018 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Guatemala is a multiparty constitutional republic. Northern Triangle Country Conditions: Ranking the Highest and Lowest Areas of Reported Homicides, Disappearances, and Extortion - May 2019 (PDF) Northern Triangle and Mexico Country Conditions - May 2019 (PDF) Map. The Law on Access to Information is poorly enforced, and dedicated nongovernmental organizations (NGOs) continue to file grievances over its nonapplication and, together with the Office of the Human Rights Ombudsman (PDH), work to encourage the government to adhere to its provisions. While the results were judged as credible, Organization of American States (OAS) electoral observers noted irregularities including disturbances, ballot burning, voter intimidation, and acts of violence; monitors reported seven election-related murders. The indigenous community’s access to economic opportunities and socioeconomic mobility remain limited, with more than 70 percent of the indigenous population living in poverty. The establishment of the International Commission against Impunity in Guatemala has helped the Attorney General prosecute extrajudicial killings and corruption. Country Reports . Indigenous communities that were devastated by the 1960–96 civil war and land rights advocates in the region were especially affected. In 2016, the legislature approved electoral reforms that included stronger oversight of parties’ financial disclosures, regulation of paid publicity of campaigns, and stronger oversight and sanctioning powers for the TSE. Join the Freedom House monthly newsletter, 1850 M St. NW Floor 11 In September the government decreed a state of emergency for 30 days in 22 municipalities in the east of the country after the killing of three soldiers; the state of emergency was extended for a further 30 days during which raids were reported by community organizations and radio stations. Defenders also continued to face smear campaigns on social media, in the national media and by senior officials, including members of the government and Congress, aimed at discrediting their legitimate activities. Situation of human rights in Guatemala: Report of the United Nations High Commissioner for Human Rights (A/HRC/46/74) 1. Corruption also affected the process to select new Supreme Court and appellate court judges, which began in July 2019. President Morales warned that he would not renew CICIG’s mandate in 2018 after it petitioned to lift his immunity, and barred Commissioner Iván Velásquez from returning to Guatemala from a trip abroad that year. The government continued to obstruct the work of the CICIG, in breach of the orders of the Constitutional Court, the country’s highest court. In July 2019, the government signed an agreement with the United States that forces migrants passing through Guatemala to claim asylum there first. See all data, scores & information on this country or territory. Are safeguards against official corruption strong and effective? In July 2019, several legislators filed a legal motion against three Constitutional Court magistrates after they temporarily suspended deliberation of the National Reconciliation Law amendment; the proposal would have offered amnesty for crimes committed during the civil war. National Change Union (UCN) candidate Mario Estrada was disqualified after he was arrested on charges of drug trafficking in the United States in April 2019; prosecutors alleged that Estrada sought the Sinaloa drug cartel’s support and conspired to assassinate political rivals. No specific legislation exists to protect women from political violence. Groups of military veterans also sought to influence the popular will during the 2019 campaign, threatening an election boycott and violence if their demands for pension payments were not met. Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? Verbal harassment and physical violence against voters are common during elections, and can deter political participation. Score Change: The score declined from 3 to 2 because several presidential candidates were disqualified shortly before the first round of elections, including a candidate who accused of plotting acts of violence against political rivals; another candidate and a prosecutor were also threatened with violence during the campaign, resulting in a less fair contest. While the constitution protects freedom of speech, journalists face threats and self-censor when covering sensitive topics including drug trafficking, corruption, organized crime, and human rights violations. CICIG operations ended in September, after its mandate was left unrenewed. In July, Guatemala signed an agreement with the United States that forces asylum seekers traveling through the country to apply there first. She also updated the Council on Eritrea and on … However, groups associated with human rights, indigenous rights, and environmental rights face violence and criminalization of their work. |
Together with the Public Prosecutor's Office, the CICIG investigated and identified more than 70 criminal structures in more than 120 high-profile corruption cases, several of them related to human rights violations. Do individuals enjoy equality of opportunity and freedom from economic exploitation? Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? A historic lack of party finance regulations has allowed some candidates and parties access to vast resources. Guatemala is home to a vigorous labor movement, but workers are frequently denied the right to organize and face mass firings and blacklisting. By the end of 2019, Guatemala had yet to adopt the public policy for the protection of human rights defenders ordered by the Inter-American Court of Human Rights in 2014. Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? The electoral board of the town of San Jorge resigned after receiving death threats, and elections were not held in city according to OAS monitors. Corruption, which is often related to organized crime, remains a serious problem. The United States is one of Guatemala’s largest trading partners. International observers considered the presidential election held in 2015 as generally free and fair. CICIG closed when its mandate expired in September. The homicide rate for women in Guatemala is triple the global average. The inadequate response of the Public Prosecutor's Office to the government's breaches of the Constitutional Court rulings and the lack of a transition plan for the CICIG's closure weakened the rule of law and the fight against impunity.[1]. Recent investigations of electoral and party finance corruption have shed light on the influence of nonelected and illicit groups over the government. Indigenous women are particularly marginalized. Violence and extortion by powerful criminal organizations remain serious problems in Guatemala. Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? The government continued to obstruct the work of the CICIG, in breach of the orders of the Constitutional Court, the country’s highest court, and refused to renew its mandate, leading to its definitive closure. On August 11, Alejandro Giammattei was elected president for a four-year term set to begin on January 14, 2020. International observers considered the presidential … The constitution guarantees freedom of association, and a variety of NGOs operate. Outgoing president Jimmy Morales attempted to unilaterally shut the UN-backed International Commission against Impunity in Guatemala (CICIG) in January, but his effort was halted by the Constitutional Court. Public information offices frequently fail to publish data about public expenditures as required. Physical and sexual violence against women and children remains high, with perpetrators rarely facing prosecution. Is there freedom for trade unions and similar professional or labor organizations? Foreign Government Reports. The PDH has stated that people living with HIV and AIDS also face discrimination. On August 11, Alejandro Giammattei was elected president for a four-year term set to begin on January 14, 2020. However, progress was made in indicting officers suspected of committing crimes against humanity and genocide during the war. In January 2019, Morales tried to unilaterally end the agreement that governed CICIG and ordered its international staff to leave Guatemala. The present report is submitted pursuant to the agreement between the Office of the United Nations High Commissioner... 2. Otherwise, we'll assume you're OK to continue. Do laws, policies, and practices guarantee equal treatment of various segments of the population? Presidential candidate Estrada, who was arrested in the United States, was accused of promising cabinet positions to the Sinaloa drug cartel in return for their support. Political groups and organizations generally operate without encountering legal restrictions. Cookie Statement
Serious challenges remained to the independence of prosecutors, judges and magistrates in Guatemala, particularly those working on high-profile cases such as those taken up by the CICIG and cases relating to the internal armed conflict. No reason was given for raiding the station, which stopped transmitting via radio when the siege was declared but continued operations online. While Guatemala holds regular elections that are generally free, organized crime and corruption severely impact the functioning of government. To read in Spanish, click here or scroll down. Maternal mortality ratio (deaths per 100,000 live births) n.a. While as much as 60 percent of the population is indigenous, only one indigenous presidential candidate ran in 2019. Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? Thailand. In November, the last criminal provisions referring to the death penalty were declared unconstitutional. Conviction rates are low. Geneva, 27 February 2020. The June 2019 election results were deemed credible, but observers noted irregularities, disturbances, and threats of violence. Former attorney general Thelma Aldana, who pursued a high-profile corruption case against former president Otto Peréz Molina (2012–15), was barred in April and lost a Constitutional Court appeal in May. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA), an NGO, registered 3 killings, 5 attempted murders, and 361 attacks against human rights defenders from January to July 2019; 28 criminal complaints against defenders were filed during this period. This was the third attempt to lift their immunity ahead of possible impeachment proceedings. Zury Ríos, the Valor party candidate and daughter of former dictator Efraín Ríos Montt, was barred in May because of a legal provision that bars members of his family from holding office. Elections at the national and local levels are competitive, and new parties routinely gain significant quotas of power. Were the current national legislative representatives elected through free and fair elections? Three members of the military high command were indicted in November 2019 and a retired army general was indicted in December. Trade-union members are also subject to intimidation, violence, and murder, particularly in rural areas. The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA), a local human rights organization, registered 467attacks against human rights defenders, including at least 20 killings and attempted killings, in rural areas mostly. You can use this tool to change your cookie settings. In its 1997 report on human rights in Guatemala, the U.S. Department of State said: Politically motivated killings continued with disturbing frequency, albeit at lower levels than in recent years. Electoral reforms enacted in 2016 included a provision to restrict the practice of switching party affiliation, or transfuguismo, for legislators. Journalists and human rights defenders reported incidents of harassment and surveillance throughout 2019. World Report 2020 is Human Rights Watch’s 30th annual review of human rights practices around the globe. Violence, inequality and poverty remained the main push factors for forced migration from the country, leading thousands of Guatemalans to seek protection in Mexico and the United States. Despite this and deficiencies in Guatemala’s refugee protection system, in July, the governments of Guatemala and the United States signed an Asylum Cooperative Agreement, also known as a "safe third country" agreement. Physical attacks against journalists occur regularly. In 2017, a decree banned marriages for children under the age of 18, though the law is not effectively enforced. The first asylum seeker forced to travel to Guatemala under the agreement was sent from the United States in November. Gang-related violence is an important factor prompting people, including unaccompanied children and young adults, to leave the country. Many Guatemalans take precautions when speaking about social and political issues outside of their homes due to a high level of insecurity in the country. The constitution prohibits discrimination based on gender, but women continue to face gender-based inequality; women are usually paid less for their labor than men, and sexual harassment in the workplace is not penalized. President-elect Giammattei also maintains connections to former military officials. The Government demonstrated an increased willingness to arrest and prosecute those responsible and achieved some convictions in high-profile cases; however, in many cases, the scarcity of law enforcement resources and a weak prosecutorial and judicial system prevented the Government from adequately investigating killings and other crimes or arresting and succ… Labor laws obstruct union membership and impeded strikes. 8 September 2020 Guatemala: Further information: Hospital workers have been paid The 652-page volume reviews human rights practices and trends in …
However, background information on the status of women in society is important to a comprehensive understanding of the issue. However, the Constitutional Court demonstrated independence in several rulings in 2019, including its January decision to stop President Morales from halting CICIG activity. Distinguished President, Excellencies, Colleagues, Friends, I am honoured to present reports by the Secretary General and my Office regarding the human rights situations in Colombia, Cyprus, Guatemala… Permissions
Observers reported that armed groups and criminal organizations attempted to sway the results of some local races. The elected government and legislature determine government policies, but they are frequently subject to influence by outside interests. Due process rights are guaranteed in the constitution, but those rights are inconsistently upheld, due in part to corruption in the judiciary and an ineffective police force in which many officers routinely violate the law and the rights of citizens. Discussions progressed in Congress on regressive legislation, such as Bill 5377, which would grant an amnesty to those accused of and even those convicted of crimes under international law and human rights violations perpetrated during the armed conflict (1960-1996). Minorities struggle to fully exercise their political rights. While it is outside the scope of this document to detail such information, the following statistics may be useful to note. In April, evidentiary hearings were held against seven former members of the civil defense patrols (PACs) who were charged with crimes against humanity for engaging in sexual violence against 36 Maya Achí women during the civil war. Your choice regarding cookies on this site
New parties that lack resources and infrastructure face disadvantages in gaining broad support. Human rights is an issue in Guatemala. Guatemala 2020 Crime & Safety Report. The situation of human rights defenders continued to deteriorate. Emergency Assistance and Thematic Programs. In February 2019, legislators considered an amendment to the law governing NGOs that would narrow their legal scope, introduce a more difficult registration process, and restrict their ability to receive foreign funding. The CICIG and the attorney general have pressed forward with investigations of high-level officials in current and past administrations, but authorities and lawmakers have repeatedly attempted to undermine their work. Are individuals free to practice and express their religious faith or nonbelief in public and private? Those at particular risk were people focusing on the defence of the land, territory and environment, the fight against impunity in cases related to the internal armed conflict or corruption cases taken up by the CICIG. The constitution guarantees religious freedom, and individuals are free to practice and express their religious faith or nonbelief in practice. In early June, the agricultural ministry relented by diverting $5.5 million from a grant program to veterans. In September the Constitutional Court ordered that the selection process for magistrates be suspended and repeated because of serious irregularities, including a lack of performance evaluations of judges and magistrates, which the Judicial Career Council was responsible for carrying out. Is there a realistic opportunity for the opposition to increase its support or gain power through elections? Prison riots are common, and are frequently deadly. Bilateral Economic Relations. Members of the unicameral Congress, which will expand from 158 seats to 160 when it sits in 2020, are elected to four-year terms. On August 12, 2020, Guatemala’s Supreme Court ruled that Rodas had failed to comply with a 2017 decision that ordered the Ombudsperson’s Office (Procurador de los Derechos Humanos, … An inefficient state bureaucracy, rife with unclear and complicated regulations, also contributes to difficulties in establishing and operating a business. The remaining 79 seats were split between 16 parties; none of them won more than 10 seats. In 2018, the interior minister implemented measures that weakened the independence and professionalism of the police, including the removal of senior officials and detectives without due process or justification.
Journalists, activists, and public officials who confront crime, corruption, and other sensitive issues risk attack. In August, Augusto Jordan Rodas took up office as Ombudsperson for Human Rights. Judicial officials reported security incidents and faced constant smear campaigns and stigmatization, as well as dozens of criminal, disciplinary and other complaints aimed at punishing them for rulings in favour of human rights and the fight against impunity or at deterring them from taking on such cases. Equal rights are guaranteed in the constitution, but minorities continue to face unequal treatment. Prevalence of female genital mutilation/cutting among girls and women (% of girls and young women ages 15–49) n.a. Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? CICIG continued to investigate violations and called for reforms until its mandate expired, but the political will to implement these recommendations is lacking. Violence and criminal extortion schemes are serious problems, and victims have little recourse to justice. DOS CSO Report -. An annual report by Front Line Defenders shows that at least 331 human rights defenders were killed in 2020, most fighting for environmental causes. Washington, DC 20036. Guatemala had the fourth-highest rate of teen pregnancy in Latin America in 2019. The nominating committee responsible for finalizing the list of candidates, which included individuals suspected of connections to criminal groups, shortened the length of time available for reviewing applications and watered down the vetting process. In her report, the United Nations High Commissioner for Human Rights describes the situation of human rights and the activities of the Office of the High Commissioner in Guatemala … The September 2019 state of siege declaration suspended freedom of assembly, instituted a curfew, and granted broad powers for authorities to detain individuals in the northeastern reaches of Guatemala until it expired in November. In January 2016 James Ernesto Morales Cabrera of the National Convergence Front party was sworn into office for a four-year term as president. Despite these challenges, the homicide rate dropped for the tenth straight year; the police reported 3,578 homicides in 2019, down from 3,881 in 2018. The UCN won 12. By the end of year, Guatemala had yet to ratify the Escazú Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean and the International Convention for the Protection of All Persons from Enforced Disappearance. Congress moved forward with the discussion of regressive bills, taking them closer to adoption. In January 2019, Congress began considering the amendment to offer amnesty for civil war-era crimes; it would release those awaiting trial on such violations. Access to land is especially limited for the indigenous community and for women in particular. Freedom of movement and assembly were restricted, and authorities raided an indigenous radio station before the declaration expired in November. GTM102808.FE - Guatemala: Current human rights situation - Nov 2003 (PDF) GTM42132.E - Guatemala: Reports of attacks or killings of National Advancement Party (PAN) members and/or their families in Chacaj, Nenton department, between December 2001 and January 2002 - Oct 2003 (PDF)