Guatemala is a multiparty constitutional republic. On January 14, Alejandro Eduardo Giammattei Falla of the We’re Going for a Different Guatemala Party was sworn into office for a four-year term as president. International observers considered the presidential election held in 2019 as generally free and fair.
The National Civil Police, which is overseen by the Ministry of Government and headed by a director general appointed by the minister, is responsible for law enforcement 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 to support the National Civil Police in internal security operations, as permitted by the constitution. Civilian authorities, at times, did not maintain effective control over the security forces. Members of security forces committed some abuses.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings arranged by government officials; harsh and life-threatening prison conditions; arbitrary arrest and detention; serious problems with the independence of the judiciary; serious restrictions on the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists; widespread corruption; lack of investigation of and accountability for violence against women; crimes involving violence or threats of violence targeting persons with disabilities, members of indigenous groups, and lesbian, gay, bisexual, transgender, and intersex persons; and use of forced labor, including child labor.
Impunity continued to be widespread. Corruption, concerted efforts by organized criminal actors, and lack of political will made meaningful investigation and prosecution of crimes difficult.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports of new disappearances by or on behalf of government authorities. The Public Ministry continued to investigate and prosecute cases of forced disappearances from the internal armed conflict period. The government did not comply, however, with an order from the high-risk courts, which handle sensitive cases often risky for judges to take on, to create a national commission on the search for disappeared persons and a national registry of victims.
The CREOMPAZ case, named after the Regional Center for UN Peacekeeping Training Institute where a mass burial site for disappeared persons was found, continued for former military officers indicted in 2017 on charges of forced disappearance and crimes against humanity during the 1960-96 armed conflict. The courts needed to resolve several appeals and recusal motions filed in 2016 before a full trial could begin. The defense filed a request for house arrest for two former military officers indicted in the case, Byron Barrientos and Carlos Garavito, due to the heightened risk of COVID-19 in prison facilities. High-Risk Court A denied the request because the defendants’ charges made them ineligible for house arrest under the law. Former congressman Edgar Justino Ovalle Maldonado, also charged in the case, remained in hiding after the Supreme Court lifted his immunity from prosecution in 2017.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Many of these groups, however, were the subject of harassment and threats, and they faced pressure and attacks from government actors.
A number of NGOs, human rights workers, and trade unionists reported threats, violence, and intimidation. The NGO Unit for the Protection of Human Rights Defenders (UDEFEGUA) reported 10 killings of human rights defenders from January through June and 677 attacks against human rights defenders in the same period, compared with 494 attacks in all of 2019. According to UDEFEGUA, attacks related to land disputes and exploitation of natural resources, involving mainly indigenous communities, increased drastically after COVID-19 restrictions were implemented, affecting 70 communities between January and June. NGOs asserted the government did little to investigate the reports or prevent further incidents.
NGOs also reported the government, fringe groups, and private entities used threats of legal action as a form of intimidation. According to UDEFEGUA, from January to June, there were at least 13 new unfounded judicial cases filed against human rights defenders. As of October the Foundation Against Terrorism, led by Ricardo Mendez Ruiz, had on file more than 100 cases, both civil and criminal, against human rights and transitional justice NGOs, human rights defenders, and judicial workers.
The United Nations or Other International Bodies: The mandate of the UN International Commission against Impunity in Guatemala (CICIG) expired in September 2019 and was not renewed as it had been in previous years. CICIG cases were transferred to the Special Prosecutor’s Office against Impunity in the Public Ministry. Subsequently, local CICIG employees reported harassment and spurious lawsuits for performing their duties for CICIG.
Government Human Rights Bodies: The PDH monitors the human rights set forth in the constitution and reports to congress. The PDH opposed several congressional bills during the year, including the NGO law (see section 2.b.). On July 8, the Congressional Committee on Human Rights voted to bring the ombudsman to a congressional plenary session to answer questions regarding the display of the LGBTI pride flag at the PDH offices and the circulation of a reproductive rights pamphlet after the Supreme Court banned the promotion of abortion. Civil society NGOs speculated the PDH was brought to congress as an intimidation tactic, perhaps even to call a dismissal vote. While the PDH attempted to operate independently and issued public reports and recommendations as in past years, congress applied significant political pressure, including threats to withhold the PDH’s funding. NGOs generally considered the Office of the PDH to be an effective institution with limitations in rural areas due to lack of resources.
The Congressional Committee on Human Rights drafts and provides guidance on legislation regarding human rights. The law requires all political parties represented in congress to have a representative on the committee. Some NGOs did not consider the committee to be an effective forum for human rights promotion and protection.
The President’s Commission on Human Rights formulates and promotes human rights policy, represents the country in international human rights forums, enacts international recommendations on human rights, and leads coordination of police protection for human rights and labor activists.
On July 30, President Giammattei announced a new 11-member, ministerial-level Presidential Commission for Peace and Human Rights to replace the President’s Commission; the Secretariat for Peace (created to enact government commitments in the 1996 Peace Accords); and the Secretariat of Agricultural Affairs, which mediates land conflict. Starting on August 1, the three had 90 days to transfer their files to existing institutions such as the PDH and the Secretariat for Planning and Programming. Civil society expressed concern that dissolving the President’s Commission could lead to a lack of mechanisms for enacting the recommendations of international forums, such as the Inter-American Commission on Human Rights, and could result in restarting the process for creating a national plan for the protection of human rights defenders. It also was not clear which government entity would continue negotiations for Chixoy reparations. Civil society representatives said that dissolving the Secretariat for Peace could lead to a lack of mechanisms for payment of reparations to victims of the armed conflict and the loss of important files that could be used as evidence in transitional justice cases.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
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 3,684 women were victims of rape from January to August, compared with 6,231 women in the previous year. NGOs partially attributed the lower number of cases filed to barriers to accessing the Public Ministry during the COVID-19 pandemic, including modified working hours for Public Ministry offices.
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, 302 women were killed, compared with 477 in the same period in 2019. According to judicial system data, 34 persons were convicted of femicide from January to November.
Violence against women, including sexual and domestic violence, remained widespread and serious. The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women due to their gender. As the government closed down nonessential businesses and most forms of travel, imposing a strict curfew for COVID-19, several NGOs, international organizations, and the government noted an increase in domestic abuse and violence against women. Data was scarce and difficult to collect, as some analysts noted women were not able to leave their homes to report abuses confidentially to police. Mutual Support Group estimated that domestic violence cases increased by nearly 200 percent compared with the previous year, noting 2,657 cases of “intrafamily violence” in the first six months. The Public Ministry recorded 39,399 instances of violence against women from January to August, compared with 40,993 in the same period of 2019. The ministry noted that the judicial system convicted 424 perpetrators of violence against women from January to August, compared with 1,149 in the same period of 2019.
In January, PNC officers arrested Francisco Cuxum Alvaradeo, 64, 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. The case against Cuxum was in the presentation of evidence phase, awaiting a resolution regarding the opening of a public trial. Cuxum’s case reopened the overall Maya Achi sexual violence case, which had remained blocked after a previous judge dismissed the charges against the seven other defendants and ordered their release. The case remained mired in a series of unresolved appeals.
Sexual Harassment: Although several laws refer to sexual harassment, no single law, including laws against sexual violence, address it in a direct manner. Human rights organizations reported sexual harassment was widespread.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, and violence. They did not always have the information and means to do so.
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. A lack of culturally sensitive reproductive and maternal health-care service providers deterred some indigenous women from accessing these services.
The government made progress to ensure that survivors of sexual violence who sought medical attention received sexual and reproductive health services, with some hospitals classifying sexual assault as a medical emergency; however, many survivors did not seek medical care due to cultural and geographic barriers.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Although the law establishes the principle of gender equality, women, and particularly indigenous women, faced discrimination and were less likely to hold management positions.
Trafficking in Persons
The government’s National Institute of Statistics estimated indigenous persons from 24 ethnic groups made up 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, however, recognize particular indigenous groups as having a special legal status provided by national law.
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 were not effectively demarcated, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that security authorities’ lack of familiarity with indigenous norms and practices engendered misunderstandings.
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.
The Russian conglomerate Solway, which bought the Fenix nickel mine in Izabal Department in 2014, continued to stand accused of violence against indigenous activists and illegal extraction of undeclared materials. Observers in Izabal reported that as of September, the mine continued operations despite the 2019 court order to suspend activities. Observers reported that Solway employees were giving baskets of food and other bribes to locals to keep them from protesting the mine, as protests routinely disrupted mine operations. Observers also reported Solway was believed to have bribed municipal officials in El Estor to keep news of a COVID-19 outbreak on the mine compound from becoming public. The 2019 Constitutional Court order required the provisional closure of the mine until the Ministry of Energy and Mines conducted consultations compliant with Convention 169 of the International Labor Organization (ILO) with local communities.
Xinka authorities reported the court-ordered consultations were not progressing in regards to the San Rafael mine. 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.
Other Societal Violence or Discrimination
Vigilante mobs attacked and killed those suspected of crimes such as rape, kidnapping, theft, or extortion on several occasions. The NGO Mutual Support Group reported three persons were lynched and 45 injured in attempted lynchings by vigilante groups from January through August.
On June 6, villagers in San Luis, Peten, killed Domingo Choc, an indigenous spiritual guide and expert on medicinal plants and traditional healing methods. The mob confronted Choc in his house, where they beat him and burned him to death on allegations that he was practicing witchcraft. The mob violence was widely circulated in social media and caught national and international attention, due to its graphic nature and Choc’s ties with the anthropology departments of University of College London and Zurich University for research on indigenous healing practices. Multiple local NGOs and international organizations raised the killing as evidence of continued violent discrimination against indigenous peoples and their belief systems. While police continued to investigate the incident, observers and analysts noted the perpetrators, caught on video, seemed to be primarily motivated by religious animus against traditional Mayan spiritual practices and traditions, accusing Choc of being a witch. President Giammattei strongly condemned the incident and convened an interfaith group to discuss the need to prevent violence against indigenous spiritual guides in the future.
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The law explicitly prohibits discrimination with respect to employment or occupation based on race, color, sex, religion, political opinion, national origin or citizenship, age, and disability. The government did not effectively enforce the law and related regulations. Penalties were not commensurate with laws related to civil rights, such as election interference. Discrimination in employment and occupation occurred. Anecdotally, wage discrimination based on race and sex occurred often in rural areas.