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Guatemala

Executive Summary

Guatemala is a multiparty constitutional republic. In 2016 James Ernesto Morales Cabrera of the National Convergence Front party was sworn into office for a four-year term as president. 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 election held in 2019 as generally free and fair.

The National Civil Police (PNC), which is overseen by the Ministry of Government and headed by a director general appointed by the minister, is responsible for law enforcement and maintenance of order in the country. The Ministry of National Defense oversees the military, which focuses primarily on operations in defense of the country, but the government also used the army in internal security and policing as permitted by the constitution. The defense ministry completed its drawdown of 4,500 personnel from street patrols to concentrate its forces on the borders in 2018. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: harsh and life-threatening prison conditions; substantial problems with the independence of the judiciary, including malicious litigation and irregularities in the judicial selection process; widespread corruption; trafficking in persons; crimes involving violence or threats thereof targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, persons with disabilities, and members of other minority groups; and use of forced or compulsory or child labor.

Corruption and inadequate investigations made prosecution difficult. The government was criticized by civil society for refusing to renew the International Commission Against Impunity in Guatemala’s (CICIG) mandate, which expired on September 3. Impunity continued to be widespread for ongoing human rights abuses, endemic government corruption, and for mass atrocities committed during the 1960-1996 internal armed conflict.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year, many of which the Public Ministry, with support from CICIG, investigated and prosecuted on charges including money laundering, illegal political party financing, and bribery.

Corruption: On July 16, the Public Ministry brought charges against more than 50 persons, including 10 members of Congress, for receiving kickbacks from construction and medical supply procurement and for awarding public jobs by irregular means. Those charged included a former presidential candidate and a former minister of health. Charges included the acceptance of bribes for hospital construction after the 2012 earthquake in the western region, the acceptance of bribes in the purchase of unnecessary medical equipment, and the creation of phantom positions at the Ministry of Health. The case continued in the pretrial stage, and some of the accused remained at large.

In the Odebrecht case, involving bribes allegedly paid to former presidential candidate Manuel Baldizon and former communications minister Alejandro Sinibaldi, on July 23, High Risk Court A sentenced three persons close to Baldizon and Sinibaldi to six years in prison for money laundering, and two of them to an additional eight years for illicit association. Baldizon continued to be detained in the United States on an international arrest warrant on separate money laundering and conspiracy charges. Sinibaldi remained a fugitive and was implicated in another case of bribery and influence peddling linked to former president Otto Perez Molina’s administration.

The government was criticized by civil society for refusing to renew CICIG’s mandate, which expired on September 3. Despite the government’s request for CICIG to transfer capacity to the Public Ministry by the end its mandate, many in civil society believed the Public Ministry did not yet have the capacity to investigate corruption cases on its own and the decision to terminate CICIG’s mandate was made for political reasons. At the end of CICIG’s mandate, it had a public approval rating of approximately 70 percent.

Financial Disclosure: Public officials who earn more than 8,000 quetzals ($1,040) per month or who manage public funds are subject to financial disclosure laws overseen and enforced by the Comptroller General’s Office. The financial disclosures were available to the public upon request. Administrative and criminal sanctions apply for inadequate or falsified disclosures of assets.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Indigenous People

The government’s National Institute of Statistics estimated indigenous persons from 24 ethnic groups comprised 44 percent of the population. The law provides for equal rights for indigenous persons and obliges the government to recognize, respect, and promote the lifestyles, customs, traditions, social organizations, and manner of dress of indigenous persons. The government does not recognize particular indigenous groups as having a special legal status provided by national law.

Multiple local NGOs raised concerns over the killings of at least six indigenous leaders from January through September. According to NGO assessments, at least three of the victims may have been targeted because of their political involvement and advocacy for indigenous rights. On July 5, Isidro Perez and Melesio Ramirez were killed near Livingston by an armed group alleged to be connected to a former government minister. The Committee for Rural Development (CODECA) and indigenous leaders reported that Perez and Ramirez were killed during a CODECA protest and targeted due to their indigenous land rights activism. On September 14, Maya Achi Ancestral Authority representative Paulina Cruz Ruiz was killed in Baja Verapaz by unidentified gunmen in front of her house. Ruiz was active in organizing the March for Dignity in 2018 and had assisted the Maya Achi Ancestral Authorities to bring legal actions against mining projects in the area.

Indigenous representatives claimed actors in a number of regional development projects failed to consult meaningfully with local communities. In some cases indigenous communities were not able to participate in decisions affecting the exploitation of resources in their communities, including energy, minerals, timber, rivers, or other natural resources. They also lacked effective mechanisms for dialogue with the state to resolve conflicts, as Congress had not approved a legislative proposal to guide the implementation of prior consultation, as required by International Labor Organization (ILO) Convention 169. In 2018 the Constitutional Court ordered the Ministry of Energy and Mines to hold ILO Convention 169-compliant consultations with Xinka populations and upheld the suspension of the operating license of the San Rafael Mine until after conclusion of the consultations. As of October the government and Xinka authorities were negotiating who would represent the Xinka community in the consultations.

In July the Constitutional Court ordered the provisional closure of the Fenix nickel mine in Izabal Department, near the border with Honduras, until the Ministry of Energy and Mines conducted ILO 169-compliant consultations with local communities. The Russian conglomerate Solway, which bought the mine in 2014, was accused of violence against indigenous activists and illegal extraction of undeclared materials. The OHCHR reported the mine continued operations despite the court order to suspend activities. The OHCHR also reported the mine began operations in the Barrio Nuevo area despite a lack of consultations with local communities during the September state of siege declared by the government.

Indigenous communities were underrepresented in national politics and remained largely outside the political, economic, social, and cultural mainstream. This was mainly due to limited educational opportunities (contrary to law), limited communication regarding their rights, and pervasive discrimination. Government agencies dedicated to supporting indigenous rights lacked political support. These factors contributed to disproportionate poverty and malnutrition among most indigenous populations.

Indigenous lands lacked effective demarcation, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that security authorities lacked familiarity with indigenous norms and practices, which engendered misunderstandings. In February the government established the “Road to Prosperity,” a program to facilitate and implement an inclusive, participatory, and transparent dialogue between government officials and indigenous peoples to analyze and identify local needs and gaps in government services and to improve the quality and coverage of public services and projects.

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