Guatemala is a multiparty constitutional republic. In January 2016 James Ernesto Morales Cabrera of the National Convergence Front party was sworn into office for a four-year term as president. International observers considered the presidential election held in 2015 as generally free and fair.
Civilian authorities at times did not maintain effective control over the security forces.
Human rights issues included reports of harsh and life-threatening prison conditions; 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, and impunity continued to be widespread. Parts of the government collaborated with the International Commission against Impunity in Guatemala (CICIG) (an entity created by agreement between the government and the UN) to prosecute the worst forms of corruption. On August 31, however, President Morales announced he would not renew the CICIG mandate, which expires in September 2019. On September 4, authorities barred CICIG commissioner Ivan Velasquez from re-entry for reasons of “national security.” The government asked CICIG to transfer capacity to the Public Ministry by the end of its mandate.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention, but there were credible reports of extrajudicial arrests, illegal detentions, and denial of timely access to a magistrate and hearing as required by law. Suspects are entitled to challenge in court the legal basis or arbitrary nature of their detention. If successful, their release usually took several days. There was no compensation for those ruled unlawfully detained.
ROLE OF THE POLICE AND SECURITY APPARATUS
The PNC, which is overseen by the Ministry of Government and headed by a director general appointed by the ministry, 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. On March 31, the defense ministry withdrew 4,500 personnel from street patrols to concentrate its forces on the borders. The drawdown process began in 2016.
Civilian authorities in some instances failed to maintain effective control over the PNC, and the government lacked effective mechanisms to investigate and punish abuse and corruption. On August 31, the Ministry of Government, with the support of the Ministry of Defense, deployed a convoy of armed jeeps at various points in the capital, including in front of an embassy, CICIG headquarters, and a prominent local human rights organization. The jeeps were mobilized from Interagency Task Forces and were donated for the purpose of counternarcotics operations. Local NGOs pointed out the jeep deployment coincided with President Morales’ announcement he would not extend the CICIG mandate and was intended as a show of force, intimidation, and an attempt to repress civil society.
There were reports of impunity involving security forces. In cases involving police forces, the ORP is responsible for internal investigations and the Public Ministry is responsible for external investigations. A police reform commission, established by a previous administration, has a legal mandate to make necessary changes to reform police forces. On May 20, Police Reform Commissioner Adela Torrebiarte resigned, alleging that the Ministry of Government purposefully blocked police reform initiatives.
The ORP reported that from January through August, there were six complaints of police extortion and 135 for abuse of authority, compared with 17 and 290, respectively, during the same period in 2017. The PNC routinely transferred officers suspected of wrongdoing rather than investigating them.
Critics accused police of indiscriminate and illegal detentions when conducting antigang operations in some high-crime neighborhoods.
The ORP conducted internal investigations of misconduct by police officers. During the first eight months of the year, the ORP reported receiving 362 complaints of misconduct by police.
All new PNC and soldiers receive training in human rights and professional ethics. The Ministry of Defense Human Rights Directorate collaborated with other government human rights offices to provide internal and interagency human rights trainings to soldiers.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law requires presentation of a court-issued warrant to a suspect prior to arrest unless police apprehend a suspect while in the act of committing a crime. Police may not detain a suspect for more than six hours without bringing the case before a judge. Authorities did not regularly respect this right and did not promptly inform some detainees of the charges against them. After arraigning suspects, the prosecutor generally has three months to complete the investigation if the defendant is in pretrial detention, and six months to complete the investigation if the defendant is granted house arrest. The law prohibits the execution of search warrants between 6 p.m. and 6 a.m. unless the government has declared a state of siege. Judges may order house arrest for some suspects. The law provides for access to lawyers and bail for most crimes. The government provides legal representation for indigent detainees, and detainees have access to family members. A judge has the discretion to determine whether bail is permissible for pretrial detainees.
Arbitrary Arrest: There were no reliable data on the number of arbitrary detentions. Most accounts, however, indicated that police ignored writs of habeas corpus in cases of illegal detention, particularly during neighborhood antigang operations.
Pretrial Detention: As of August 31, prison system records indicated 52 percent of prisoners were in pretrial detention. The law establishes a one-year maximum for pretrial detention, regardless of the stage of the criminal proceeding, but the court has the legal authority to extend pretrial detention without limits as necessary. Authorities regularly held detainees past their legal trial or release dates. Lengthy investigations and frequent procedural motions by both defense and prosecution often led to lengthy pretrial detentions, delaying trials for months or years. Observers noted the slow pace of investigations, lack of judicial resources, and a culture of indifference to detainee rights hampered efforts to reduce pretrial detention and illegal incarceration. Authorities did not release some prisoners after they completed their full sentences due to the failure of judges to issue the necessary court order or other bureaucratic delays. Former medical school dean Jesus Oliva committed suicide on June 11 after having been in trial detention since May 2015, most of that in pretrial detention before his trial opened in August 2017. A few days before his death, Oliva’s attorney requested house arrest for him because he suffered depression, but a judge rejected the request. Oliva was charged in a corruption case involving the government health system that concluded on September 26. Other defendants in the case were sentenced to six years in prison and immediately released on bail after having already served more than three years in prison.
e. Denial of Fair Public Trial
The constitution and the law provide for an independent judiciary. The judicial system generally failed to provide fair or timely trials due to inefficiency, corruption, and intimidation of judges, prosecutors, and witnesses.
Judges, prosecutors, plaintiffs, and witnesses continued to report threats, intimidation, and surveillance, most often from drug trafficking organizations. By the end of August, the special prosecutor for crimes against judicial workers received 157 complaints of threats or aggression against workers in the judicial branch, compared with 129 through August 2017.
The constitution provides for the right to a fair and public trial, the presumption of innocence, the defendant’s right to be present at trial, and the right to legal counsel in a timely manner. The law requires the government to provide attorneys for defendants facing criminal charges if the defendant cannot find or afford an attorney. Defendants and their attorneys may confront adverse witnesses and present their own witnesses and evidence. The law provides for plea bargaining for minor offenses with short-term prison sentences and the right of appeal. Three-judge panels render verdicts. The law provides for oral trials and mandates free language interpretation for those needing it; however, interpreters were not always available. Officials conduct trials in Spanish, the official language, although many citizens only speak one of the 23 officially recognized indigenous languages.
The Public Ministry, acting semi-independently of the executive branch, may initiate criminal proceedings on its own or in response to a complaint. Private parties may participate in the prosecution of criminal cases as plaintiffs.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Individuals and organizations have access to administrative and judicial remedies to submit lawsuits seeking damages for, or cessation of, a human rights violation or other alleged wrongs. While the judiciary was generally impartial and independent in civil matters, it suffered from inefficiencies and a legal system that often permits spurious complaints. The judiciary estimated the country had a ratio of 2.46 judges for every 100,000 inhabitants, which international and domestic observers considered insufficient.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution and the law prohibit such actions, and the government generally respected these prohibitions. In 2016 President Morales dismissed Jorge Lopez, the secretary of administrative and security matters of the president, and his deputy, Cesar Sagastume, for alleged illegal surveillance. At year’s end the case remained under investigation by the Public Ministry. In August a local newspaper published an investigative series alleging that former president Otto Perez Molina created an illegal surveillance network in 2012 to listen to calls, mirror mobile phones, and access social media accounts. According to the article, the Ministry of Government dismantled the network in 2015.
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 February 13, the Public Ministry brought charges against former president Alvaro Colom and nine former members of his cabinet after a long-running investigation into fraud involving a bus system in Guatemala City known as Transurbano. Prosecutors claimed that in local currency equaling approximately $35 million, government funds were paid to a consortium of private bus companies in charge of the Transurbano system in a deal approved by Colom’s cabinet without proper legal oversight. According to prosecutors, almost one-third of the money was spent on equipment that was never used. On March 1, a judge found sufficient evidence to charge the defendants, and Colom and the former members of his cabinet were placed under house arrest.
On January 20, the Public Ministry, accompanied by CICIG personnel, conducted raids as part of an investigation of the Brazilian company Odebrecht, which allegedly paid local currency worth $17.9 million in bribes to local officials. The investigation led to charges against former presidential candidate Manuel Baldizon, who was detained in Florida on an international arrest warrant on September 18 on separate money laundering and conspiracy charges. Baldizon was accused of accepting inn local currency at least $1.3 million in bribes from Odebrecht to help it win public works contracts. Authorities also sought the arrest of former communications minister Alejandro Sinibaldi, who allegedly distributed the bribes and embezzled at least nine million dollars. Sinibaldi remained a fugitive and was implicated in another case of bribery and influence peddling linked to former president Otto Perez Molina’s administration.
Financial Disclosure: Public officials who earn more than 8,000 quetzals ($1,070) 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
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 maintained 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. In March the Public Ministry established a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. On August 6, in compliance with a finding from the Inter-American Court on Human Rights, the Public Ministry launched the Isabel-Claudina Alert, a national alert system for finding disappeared women. According to the Public Ministry, 428 women were reported missing via the alert through November 26, with 294 women found and 134 alerts remaining active.
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. Unknown assailants murdered indigenous Maya women’s rights leader Juana Ramirez in Nebaj on September 21. The PDH reported Ramirez and her organization, the Ixil Women’s Network, had received multiple death threats for supporting female victims of violence.
Violence against women, including sexual and domestic violence, remained serious problems. The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women because of their gender. There were numerous examples of the PNC’s failure to respond to requests for assistance related to domestic violence. As of September 8, the PNC reported 48 open investigations against PNC officials for violence or discrimination against women or children.
Sexual Harassment: No single law, including laws against sexual violence, deals directly with sexual harassment, although several laws refer to it. Human rights organizations reported sexual harassment was widespread. On June 18, former minister of foreign affairs Edgar Gutierrez alleged that President Morales had abused at least one young women. Civil society expressed concern about the allegations, but no formal abuse charges were filed against President Morales. Gutierrez did not make public the evidence he claimed to have.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Although the law establishes the principle of gender equality and criminalizes discrimination, women faced discrimination and were less likely to hold management positions. Two women in high-level government positions claimed critics often used gender to undermine their credibility publicly or privately block their ability to do their jobs.
Birth Registration: Children derive citizenship by birth within the country’s territory 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 compulsory through age 14, access was limited in many rural areas; education through the secondary level is not obligatory.
Child Abuse: Child abuse remained a serious problem. A unit under the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. The Public Ministry reported 8,930 reports of minor abuse of all types, more than triple the number from the same period last year. The ministry reported 82 convictions for child abuse from January through August.
The NGO Mutual Support Group (GAM) reported 417 minors suffered violent deaths nationwide from January through June. While deaths of minors decreased overall, GAM reported an increase in the number of girls killed compared with the same period in the previous year. NGOs dealing with gangs and other youths reported young persons detained by police were subject to abusive treatment, including physical assaults.
Early and Forced Marriage: The legal age for marriage is 18. There were reports of early and forced marriages in some rural indigenous communities and in the Lev Tahor religious community. UNICEF reported 30 percent of women ages 20 to 24 years were first married or in union by age 18 (7 percent of them by age 15) between 2008 and 2014.
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. A new Regional Unit against Trafficking in Persons responsible for eight departments in the Western Highlands was launched in April, expanding the government’s investigative capacity against child pornography actors. The commercial sexual exploitation of children, including child sex tourism, remained a problem, including in privately run orphanages.
Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of stealing, extortion, transporting contraband, prostitution, and conducting illegal drug activities.
Institutionalized Children: As of September more than 500 children and adolescents lived in shelters run by the Secretariat for Social Welfare (SBS). The Secretariat against Sexual Violence, Exploitation, and Trafficking in Persons (SVET) continued temporarily to manage three shelters for children and adolescents, each with a capacity for 30 children. A government-mandated transfer of the three SVET shelters to SBS had not taken place by late November.
Overcrowding was common in shelters, and federal funding for orphanages remained limited. Local and international human rights organizations, including Disability Rights International, raised concerns that child abuse was rampant. A July investigative report claimed children with disabilities were consistently mistreated and neglected, including by being locked in cages. The Public Ministry received 22 formal reports of abuse or mistreatment of institutionalized minors during the year. In April adolescents rioted in a shelter, denouncing abuse by SBS employees and improper living conditions.
A March 2017 fire at the Hogar Seguro orphanage resulted in the deaths of 41 girls and severe injuries for 14 others. Authorities charged seven individuals with murder, abuse of authority, breach of duty, and abuse against minors in relation to the deaths of the 41 girls. Among those facing charges were former SBS secretary Carlos Rodas, former deputy secretary for protection and shelter Anahi Keller, and former shelter director Santos Torres. Trials continued, but there had been no convictions. On August 22, Congress approved a monthly government pension for the 15 survivors of the fire. The government did not make significant structural changes to the national shelter system, however.
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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish population numbered approximately 1,500 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution contains no specific prohibitions against discrimination based on physical, sensory, intellectual, and mental disabilities. The law, however, mandates equal access to public facilities and provides some other legal protections. In many cases, however, the law was not enforced. The law does not mandate that persons with disabilities have access to information or communications.
The National Council for Persons with Disabilities reported few persons with disabilities attended educational institutions or held jobs. The council, composed of representatives of relevant government ministries and agencies, is the principal government entity responsible for protecting the rights of persons with disabilities. Most schools and universities did not have facilities accessible to persons with disabilities. In July, Congress published the Law against Sexual Violence, Exploitation, and Trafficking in Persons in braille, the first time a law was translated into braille and published.
The Federico Mora National Hospital for Mental Health, the only public health-care provider for persons with mental illness, lacked basic supplies, equipment, hygienic living conditions, and adequate professional staff. Media and human rights organizations reported mistreatment of residents, including physical, psychological, and sexual violence by other residents, guards, and hospital staff, especially with respect to women and children with disabilities. Multiple legal actions were pending against the hospital.
The government’s National Institute of Statistics estimated indigenous persons from 22 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 nine indigenous leaders from May through September. According to Public Ministry investigations and NGO assessments, at least three of the leaders killed may have been targeted because of their political involvement and advocacy for indigenous rights. The ministry was in the process of forming a technical working group charged with investigating the killings.
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. On September 3, the Constitutional Court ordered the Ministry of Energy and Mines to hold International Labor Organization (ILO) Convention 169-compliant consultations with Xinka populations, upholding the suspension of the operating license of Tahoe Resources’ San Rafael Mine until after conclusion of the consultations. Previously, businesses carried out consultations independently without government oversight. A 2017 ruling allowed a hydroelectric project to continue operations concurrently during consultations led by the energy and mines ministry.
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 and this engendered misunderstandings. PNC and indigenous leaders in the Western Highlands worked together to establish 37 model police precincts to better serve indigenous-majority communities, reduce violence, expand government services, and establish rule of law. The PNC established substations in three indigenous villages, Salacuim, Teleman, and Tierra Blanca, at the request of communities.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law does not extend specific antidiscrimination protections to LGBTI individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Efforts to pass laws against such discrimination, including a gender identity law, encountered severe opposition among legislators. LGBTI human rights groups stated police officers regularly engaged in extortion and harassed male and transgender individuals whom they alleged to be sex workers. There was general societal discrimination against LGBTI persons in access to education, health care, employment, and housing. The government made minimal efforts to address this discrimination. Sandra Moran, the first openly lesbian member of Congress, was harassed and intimidated based on her sexual orientation. Several attacks targeted journalists for supposed membership in the LGBTI community. LGBTI activists groups reported increased social media attacks against them following President Morales’ August 31 decision to end CICIG’s mandate. PNC officials visited one local LGBTI NGO’s office on September 8, which the group claimed was an intimidation attempt.
According to LGBTI activists, gay and transgender individuals often experienced police abuse. The local NGO National Network for Sexual Diversity and HIV and the Lambda Association reported that from April 20 through November 11, 19 LGBTI persons were killed, including several transgender individuals the NGOs believed were targeted due to their sexual orientation. In May major media outlets reported that an unknown assailant shot and killed two LGBTI persons inside a home in Guatemala City. The case remained under investigation. The NGO Somos reported 35 violent attacks against LGBTI individuals during the year. LGBTI groups claimed women experienced specific forms of discrimination, such as forced marriages and forced pregnancies through “corrective rape,” although these incidents were rarely, if ever, reported to authorities. In addition transgender individuals faced severe discrimination.
HIV and AIDS Social Stigma
The law includes HIV/AIDS status among the categories prohibited from discrimination. Societal discrimination against persons with HIV/AIDS remained a problem, however, despite efforts by the Ministry of Health to address it. Forms of discrimination included being required by some government authorities to reveal HIV/AIDS test results to receive certain public benefits or from employers in order to be hired. In addition HIV/AIDS patients experienced discrimination from medical personnel when receiving services at some public hospitals and clinics and had their right to confidentiality violated by disclosure of their status. Discrimination against LGBTI persons with HIV/AIDS was particularly common and affected access to HIV-prevention programs, especially for transgender individuals.
Other Societal Violence or Discrimination
Several times vigilante mobs attacked and killed those suspected of crimes such as rape, kidnapping, theft, or extortion. The NGO Mutual Support Group reported three persons were killed and 41 injured in public assaults by vigilante groups from January through June.
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.
Discrimination in employment and occupation occurred. Anecdotally, wage discrimination based on race and sex occurred often in rural areas.