Section 2. Respect for Civil Liberties
f. Protection of Refugees
The government made efforts, with significant support from the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations, in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for receiving and adjudicating asylum claims to grant refugee status to qualifying individuals. UNHCR reported that identification and referral mechanisms for potential asylum seekers were inadequate and requirements to travel to Guatemala City for parts of the process continued to limit access. Despite regulations published in 2019, there continued to be gaps and lack of clarity in the procedures for implementing the legal framework.
Asylum claims are processed by the Department of Refugee Status Determination of the Guatemalan Migration Institute. Recommendations on recognition are formulated by the National Commission for Refugees (CONARE), which is composed of delegates from four government entities: the Ministry of Labor and Social Security, Ministry of Foreign Affairs, Ministry of Interior, and Guatemalan Migration Institute. The National Migration Authority approves or denies asylum requests based on the recommendations made by CONARE. This interministerial process contributed to major delays on final case decisions and an increased backlog. With the intervention of central authorities and the PDH, some individuals in need of protection were able to access the asylum process, although only 29 of the 486 cases filed in 2020 were adjudicated as of October. CONARE was still processing cases from 2019 and 2020 and had yet to assess cases filed during the year, according to observers familiar with the process.
Access to Basic Services: Documentation needed to access government services, including health care, remained expensive and time-consuming to complete. Provisional Status, which must be renewed every 30 days, conferred a legal status to individuals who had undergone an interview as part of an application for refugee status and were awaiting a decision on their recognition as a refugee. Temporary Residence was accessible to recognized refugees, but the total cost was more than 3,000 quetzals ($388). Access to education for refugees was difficult due to the country’s onerous requirements for access to formal education, including documentation from the country of origin, although a mechanism existed to allow asylum seekers who might not have full documentation of prior education to be integrated into the education system. Adult asylum seekers often could not obtain accreditation of their foreign university degrees to practice their profession.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively. Rape and other sexual offenses remained serious problems.
The government took steps to combat femicide and violence against women. The judiciary continued to operate a 24-hour court in Guatemala City to offer services related to violence directed toward women, including sexual assault, exploitation, and trafficking of women and children. The judiciary also operated specialized courts for violence against women throughout the country, but not in every department. The Public Ministry maintained a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. The ministry also maintained a national alert system for finding disappeared women. Sexual violence remained widespread despite these advances. The ministry reported that 6,307 women were victims of rape from January to August, compared with 3,684 women in all of 2020.
The law establishes penalties for femicide of 25 to 50 years in prison without the possibility of reducing the sentence; however, femicide remained a significant problem. The NGO Mutual Support Group reported that from January to August, 395 women were killed, compared with 302 in the same period in 2020. According to judicial system data, no one was convicted of femicide as of November, compared with 34 in the same period in 2020. Mutual Support Group pointed to the lack of convictions as partly due to a judicial backlog stemming from COVID-19 closures in 2020 and partly to the judicial branch’s lack of attention to these crimes.
Violence against women, including sexual and domestic violence, remained widespread and serious. The law establishes penalties of five to eight years in prison for physical, economic, and psychological violence committed against women due to their gender. The Public Ministry estimated that reports of domestic violence decreased by more than 75 percent compared with the previous year, noting 410 cases of “intrafamily violence” in the first six months, perhaps due to fewer stay-at-home orders issued compared with 2020. The Public Ministry recorded 44,229 instances of violence against women from January to August, compared with 39,399 in the same period of 2020. The ministry noted that the judicial system convicted 1,118 perpetrators of violence against women from January to August, compared with 424 in the same period of 2020.
The case against Francisco Cuxum Alvarado and seven codefendants remained in the evidence-gathering phase. In January 2020 PNC officers arrested Cuxum Alvarado immediately after his deportation from the United States. The Public Ministry indicted him on charges of crimes against humanity and aggravated sexual assault against 36 Maya Achi women in Rabinal between 1981 and 1985. The Public Ministry indicted seven other defendants, former members of the civil defense patrols, on the same charges in 2018.
Sexual Harassment: Although several laws refer to sexual harassment, no single law, including laws against sexual violence, addresses it directly. Human rights organizations reported sexual harassment was widespread.
Women with disabilities and members of the LGBTQI+ community with disabilities remained at greater risk of being victims of continued sexual violence. Most persons with disabilities, especially women, did not report situations of violence and abuse because the reporting processes are complex and discriminate against them, among other reasons.
Reproductive Rights: Forced sterilization was purportedly common in persons with disabilities but reporting on these abuses was rare. There were no official reports during the year of coerced abortion or involuntary sterilization on the part of government authorities.
Cultural, geographic, and linguistic barriers hampered access to reproductive health care including contraceptives, particularly for indigenous women in rural areas, where contraceptives were also least likely to be available locally. The prevalence of modern contraceptive use remained low among indigenous women compared with all other women, and a lack of culturally sensitive reproductive and maternal health-care service providers deterred some indigenous women from accessing reproductive health care services.
In July the government approved the Policy for the Protection of Life and the Institutionality of the Family, an executive policy that sets forth policy principles, including a definition of family as a nuclear family with one male and one female parent, and a definition of life as starting at conception.
The government provided survivors of sexual violence who sought medical attention some services through the Model for Integrated Attention for Women Victims of Violence (MAINA) and the Model of Integrated Attention for Children and Adolescents (MAIMI) systems, administered by the Ministry of Public Health. The MAINA and MAIMI models provided victims with access to emergency contraceptives and antiviral medicines to prevent sexually transmitted diseases and unwanted pregnancy resulting from rape in addition to some justice services. Some hospitals classified sexual assault as a medical emergency; however, many survivors did not seek medical care due to cultural and geographic barriers. Authorities within the justice system commented that on occasion some hospital clinics did not have the required pills in stock to protect rape victims against sexually transmitted diseases or pregnancy.
According to a report by the Ministry of Health published in 2020, the maternal mortality rate among indigenous communities was 156 per 100,000 live births, compared with the national average of 108 per 100,000 live births.
One-half of all the maternal deaths occurred in four departments in the northwest of the country (Huehuetenango, San Marcos, Quiche, and Alta Verapaz), most of them in rural and dispersed areas with high rates of malnutrition, poverty, and concentrated populations of indigenous persons.
Most maternal deaths were due to preventable causes – hemorrhages (47 percent), hypertension (23 percent), infections (14 percent), and unsafe abortion (8 percent). Factors such as the lack of medical services available in indigenous languages and lack of providers and equipment in remote areas also played a role in these deaths. During the COVID-19 pandemic in 2020, prenatal care decreased by 16 percent.
The NGO The Reproductive and Sexual Health Observatory reported that from January to October, there were 60,464 births to mothers who were adolescents: 58,820 births to mothers between ages 15 and 19 and 1,644 to mothers between ages 10 and 14.
Access to menstrual products and the lack of separate boys’ and girls’ bathrooms in some rural schools continued to negatively affect adolescent girls’ access to education in rural areas of the country.
Discrimination: Although the constitution establishes the principle of gender equality, stating that all individuals are equal and have the same rights and that men and women enjoy the same opportunities and responsibilities, women, and particularly indigenous women, faced discrimination and were less likely to hold management positions. The law establishes equal pay for women and men in government offices by not allowing differences in pay based on “personal identity” but does not prohibit discrimination based on gender or prohibit sexual harassment in the workplace in the private sector. There are laws that restrict women from working in certain sectors, including in jobs deemed morally inappropriate. The law does not prohibit discrimination in access to credit based on gender.
The law provides for equality between men and women in divorce to both provide for care of the children and responsibility to provide financial and housing assistance to the children’s caretakers, who are often the women, both during and after the divorce. The PDH reported that divorce proceedings had improved in the last 20 years with regards to fairness between men and women. Observers, however, reported that men availed themselves of procedural delays involved with complications for women who must register children from previous relationships, thereby creating obstacles to child support for women in those cases.
Birth Registration: Children derive citizenship by birth within the country or from their parents. UNICEF described low birth registration as a “serious problem,” and UNHCR reported problems in registering births were especially acute in indigenous communities due to inadequate government registration and documentation systems. Lack of registration restricted children’s access to some public services and created conditions that could lead to statelessness.
Education: While primary education is free and compulsory through age 15, access was limited in many rural areas; education through the secondary level is not obligatory. International observers noted boys were prioritized for high school education in rural communities due to the need to travel long distances and girls’ perceived value in the home. UNICEF noted improvements in school feeding programs that increased access to nutrition for underserved communities and celebrated the government’s October reforms to the school nutrition program that increased expenditures on elementary and pre-elementary school feeding programs by 50 percent per student.
Child Abuse: Child abuse remained a serious problem. A unit under the Office of the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. The Public Ministry opened an integrated 24-hour care model providing medical, psychosocial, and legal support to children and adolescent victims of violence. The ministry reported 2,250 reports of abuse of minors of all types, approximately 1,700 fewer than in 2020. The ministry reported 48 convictions for child abuse from January through August, compared with 14 during the same period in 2020.
Child, Early, and Forced Marriage: The legal age for marriage is 18. The National Registry of Persons reported no attempts to register new underage marriages. Registry officials, however, reported they registered nine underage marriages unreported from previous years, all of which were entered before the 2017 prohibition of underage marriage took effect.
Sexual Exploitation of Children: The law provides sentences ranging from 13 to 24 years in prison, depending on the victim’s age, for engaging in sex with a minor. The minimum age of consensual sex is 18.
The law prohibits child pornography and establishes penalties of six to 10 years in prison for producing, promoting, and selling child pornography and two to four years’ imprisonment for possessing it. The Public Ministry and the PNC conducted several raids against alleged online child pornography networks. The Regional Unit against Trafficking in Persons, responsible for eight departments in the Western Highlands and launched in 2018, expanded the government’s investigative capacity against child pornography offenders. The commercial sexual exploitation of children, including child sex tourism, remained a problem, including in privately run orphanages. The COVID-19 pandemic forced most schools to operate virtually. According to SVET this led to more children spending unsupervised time online, which led to increased online exploitation of children. In July the PNC, acting on information from Interpol, rescued eight children from a child pornography trafficking ring in Zacapa.
Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of theft, extortion, commercial sexual exploitation, transporting contraband, and conducting illegal drug activities.
Institutionalized Children: More than 800 children and adolescents lived in shelters operated by the Secretariat for Social Welfare (SBS).
Overcrowding was common in both private and SBS shelters, and government funding for orphanages remained limited. The SBS reported there were no infrastructure improvements during the year, but that Hogar Esperanza, a state-run shelter, adjusted staffing to maintain specialized personnel. International human rights organizations reported Hogar Esperanza was housing children in spaces that resembled cages and that there was a clear need for reform to care adequately for children with disabilities. Observers also stated private shelters were often better than SBS shelters.
A criminal court set the date for public arguments in the Hogar Seguro fire case for March 2022. Hogar Seguro is a state-run orphanage under the authority of the SBS. Former SBS secretary Carlos Rodas and former deputy secretary for protection and shelter services Anahi Keller remained in pretrial detention with four others on charges of murder, abuse of authority, breach of duty, and abuse against minors following the deaths of 41 girls in the 2017 fire at the Hogar Seguro orphanage.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at