Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were several reports that the government or its agents committed arbitrary or unlawful killings. As of August 31, the PNC and its Office of Professional Responsibility (ORP), the mechanism for investigating security force abuses, reported no complaints of homicide. The Human Rights Ombudsman’s Office (PDH), however, reported one complaint of murder, and the Attorney General’s Office, commonly known as the Public Ministry, reported one case of homicide, three cases of manslaughter, and one case of premeditated murder by PNC officers through August. Local media reported that a PNC officer killed a grocery store owner on January 4 in Santiago Atitlan, Solola. The trial was pending at year’s end.
On October 9, authorities arrested 13 members of the military from the San Juan Sacatepequez military brigade for the alleged extrajudicial killing of Hector Donaldo Contreras Sanchez in December 2015. According to media reports, the soldiers accused Contreras of consuming marijuana and proceeded to beat him unconscious. Forensics report later found no evidence of the victim being under the influence of alcohol or drugs. The case was under Public Ministry investigation at year’s end.
On January 6, the Public Ministry arrested 14 high-ranking former military officers on charges of human rights violations for hundreds of extrajudicial executions during the internal armed conflict (1990-96) at former Military Zone 21, a site currently known as the Regional Training Command for Peacekeeping Operations (CREOMPAZ) in Coban, Verapaz. The CREOMPAZ case was assigned to a high-risk court, a special court created in 2009 with competence to hear cases that pose a serious risk to the judges, the prosecutor, the defense, or any other individual involved in the case. On June 7, the court found sufficient evidence to send eight individuals to trial. On September 14, the Public Ministry appealed the exclusion of a number of charges in the proceedings. At year’s end the trial date had not been confirmed.
Retrial proceedings restarted on March 16 against former head of state Efrain Rios Montt and his intelligence chief, Jose Mauricio Rodriguez Sanchez, in the case of genocide involving the Maya Ixil community. Proceedings had been suspended after the First Court of Appeals ruled that Rios Montt and Rodriguez Sanchez should be tried separately. Rios Montt had been found guilty of genocide and crimes against humanity and was originally sentenced to 80 years in prison. Later the Constitutional Court overturned the conviction on procedural grounds and returned the case to a different court for rehearing. In 2015 a high-risk court determined that Rios Montt was mentally unfit for public trial but ordered that the trial continue behind closed doors and with a guardian present. It also ruled that any verdict could be used only for the application of corrective measures on behalf of the victims and that Rios Montt cannot be sentenced to prison.
On November 16, in a different case against Rios Montt, a high-risk court dismissed a motion by the defense team to suspend criminal prosecution for genocide and crimes against humanity. The defense argued that Rios Montt was mentally unfit to stand trial. The court was scheduled to rule on February 9, 2017, on whether to send Rios Montt to trial. At year’s end the retrial dates had not been set for either case.
As of December the government had paid $14.2 million in reparations to families affected by the Chixoy Hydro-Electric Dam. During the dam’s construction (1975-85), more than 400 individuals died and thousands were displaced. As part of a 2014 reparations agreement, the government agreed to pay $156 million over 15 years in individual and community reparations to those who were affected.
There were no new reports of politically motivated disappearances. The government took actions to investigate and prosecute cases of forced disappearances from the internal armed conflict period (1960-96). On January 6, four high-ranking retired army officers were arrested for the 1981 forced disappearance of minor Marco Antonio Molina Theissen. On August 22, the Attorney General’s Office presented new charges against retired army general Benedicto Lucas Garcia, who was also charged in the CREOMPAZ mass graves case. On October 25, a high-risk court found sufficient evidence to charge Lucas Garcia with illegal detention, torture, and sexual violence, and it accepted new charges of aggravated sexual assault for the other four defendants. The court was to determine whether all five defendants would go to trial on January 13, 2017.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, there were credible reports of abuse and other mistreatment by PNC members.
In October preliminary hearings, a court ordered the trial of PNC agents Carlos Baten Perez, Rogelio Perez Hernandez, Nancy Evelia Rodriguez Alai, and Cesar Augusto Funes Morales for the torture and illegal detention of four suspects in April 2015 in the Villa Nueva suburb of Guatemala City. As of November the case was in the evidentiary phase, during which the Public Ministry presents all available evidence in advance of the trial.
Prison and Detention Center Conditions
Prison conditions were harsh and potentially life threatening, with multiple instances of inmates killing other inmates. Sexual assault, inadequate sanitation and medical care, and gross overcrowding continued to place prisoners at significant risk. On July 18, prisoner Byron Lima Oliva, a former army captain, was killed, along with 12 others, inside the Pavon prison. Lima Oliva was serving a 20-year sentence for the 1998 murder of human rights defender Bishop Juan Jose Gerardi and had alleged ties to political corruption and narcotics-trafficking networks. At year’s end CICIG was investigating the case.
Physical Conditions: Prison overcrowding continued to be a problem. According to the prison system registry, as of September 6, there were 20,743 inmates, including 1,974 women, held in facilities designed to hold 6,742 persons. Physical conditions including sanitation and bathing facilities, dental and medical care, ventilation, temperature control, and lighting were wholly inadequate. Prisoners had difficulty obtaining potable water, complained of inadequate food, and often had to pay for additional sustenance. Illegal drug sales and use continued to be widespread. Prison officials continued to report a loss of safety and control, including escape attempts, gang fights, inability to control the flow of contraband goods into prisons, and the fabrication of weapons. Prisoners continued to direct criminal activity both inside and outside of prisons. From January through September 5, at least 55 inmates died of unnatural causes while in prison.
Conditions for male and female prisoners were generally comparable throughout the country. Media and nongovernmental organizations (NGOs) reported that female and juvenile inmates faced continuing physical and sexual abuse. Female inmates reported unnecessary body searches and verbal abuse by prison guards. Children below age four could live in prison with their mothers, although the penitentiary system provided inadequate food for young children, and many suffered from illness. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights groups alleged that other prisoners often sexually assaulted LGBTI individuals and that there were insufficient facilities to protect LGBTI individuals under custody. The Ministry of Government approved treatment standards for LGBTI prisoners in 2015, and NGOs trained authorities on their implementation during the year, although NGOs considered the improvements to be minimal. Occasionally authorities held pretrial detainees together with convicted prisoners, juveniles with adults, and male and female detainees together.
Media reported similar conditions of abuse and overcrowding at the four juvenile detention centers administered separately by the Secretariat of Social Welfare. In October a judge ordered the closing of the annex of one of the detention centers for one year and mandated reform of the facilities.
Administration: The government’s independent Office of the Human Rights Ombudsman (PDH) and the National Office for the Prevention of Torture (NOPT), whose responsibilities include prisoner rights, received complaints and conducted oversight of the prison system. The PDH and the NOPT can submit recommendations to the prison system based on complaints. No independent agency or unit, however, had a mandate to change or implement policy or to act on behalf of prisoners and detainees. Recordkeeping remained inadequate.
While the law requires authorities to permit prisoners and detainees to submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions, authorities failed to investigate most allegations of inhuman conditions and treatment or to document the results of such investigations in a publicly accessible manner.
Independent Monitoring: The government permitted visits by local and international human rights groups, the Organization of American States (OAS), public defenders, and religious groups. The PDH and the NOPT also periodically visited prison facilities. The PDH reported it was sometimes difficult to gain access to the juvenile detention centers administered by the Secretariat of Social Welfare.
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.
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.
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. Despite a 5 percent increase in its operating budget, the PNC remained understaffed, inadequately trained, and insufficiently funded, all of which substantially impeded its effectiveness.
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. Authorities arrested approximately 272 police officials through August, similar to the previous year’s rate. A Police Reform Commission, established under a previous administration, has a legal mandate to make necessary changes to reform the police forces. Under this framework the commission developed software to improve PNC information systems, including through a new automated victim support system that consolidates information from victims as soon as they interact with PNC at the police station; created a professional school for officers and a formal education policy; and provided almost all of the country’s 54 Victim Support Offices with improved facilities and upgraded information systems.
During the year there were 747 complaints of police extortion and 206 for abuse of authority, compared with 31 and 856, respectively, in 2015. The PNC routinely transferred officers suspected of wrongdoing rather than investigating and punishing them.
Critics accused police of indiscriminate and illegal detentions when conducting antigang operations in some high-crime neighborhoods. Security officials allegedly arrested and imprisoned suspected gang members without warrants or on fabricated drug charges. The local press also reported police involvement in kidnappings for ransom.
On March 3, a soldier, Guilber Josue Barrios, allegedly drugged and raped a 14-year-old student at a civil-military institute administered by the Ministry of Defense. The suspect absconded, which prevented his trial from moving forward. A number of NGOs asserted that the Ministry of Defense demonstrated a lack of effective collaboration with civilian authorities to prevent this type of incident.
The ORP conducted internal investigations of misconduct by police officers. In the first eight months of the year, the ORP reported receiving 1,462 complaints alleging misconduct by police personnel.
All new PNC and military soldiers receive some training in human rights and professional ethics. During the year the Ministry of Defense elevated its Office of Human Rights to a directorate, providing it direct access to the minister; more than doubled its personnel; and conducted active outreach to human rights organizations.
The government took actions to investigate and prosecute cases of sexual abuse from the internal armed conflict period. On February 26, retired army officers Esteelmer Reyes and Heriberto Valdez were sentenced to 120 and 240 years of prison, respectively, for sexual violence and domestic and sexual slavery involving 15 indigenous women in Sepur Zarco in 1982-83.
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 and file a case in court or seek a formal extension of the detention period. 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 can 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, although most accounts indicated that police continued to ignore writs of habeas corpus in cases of illegal detention, particularly during neighborhood anti-gang operations.
Pretrial Detention: As of September 6, prison system records indicated 46 percent of prisoners were in pretrial detention. The law establishes a three-month limit for pretrial detention but 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. Authorities did not release some prisoners after completing their full sentences due to the failure of judges to issue the necessary court order or other bureaucratic delays.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Suspects are entitled to challenge in court the legal basis or arbitrary nature of their detention. If successful, their release is not immediate and usually takes several days. There was no compensation for those ruled unlawfully detained.
The constitution and the law provide for an independent judiciary. The judicial system failed to provide fair or timely trials due to inefficiency, corruption, insufficient personnel, 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 September, the special prosecutor for crimes against judicial workers received 192 complaints of threats or aggression against workers in the judicial branch, compared with 202 for the same period in 2015.
CICIG assisted the Ministry of Government and Public Ministry with the investigation of cases, including allegations of extrajudicial executions, extortion, trafficking in persons, improper adoptions, corruption, and drug trafficking.
The Supreme Court continued to seek the suspension of judges and to conduct criminal investigations of improprieties or irregularities in cases under its jurisdiction. The Judicial Disciplinary Unit investigated 1,178 complaints of wrongdoing against judges, technicians, and judiciary administrative staff through October, held hearings on 570 complaints, and applied sanctions in 360 cases, including disciplinary suspension without pay (277 cases) and recommending dismissal (34 cases).
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 have access to government-held evidence relevant to their case and may confront adverse witnesses and present their own witnesses and evidence. The law provides for plea bargaining 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 law extends the above rights to all defendants.
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
On July 22, a high-risk court released seven community leaders from Huehuetenango because kidnapping charges against them could not be substantiated. The seven had been arrested in 2015 for detaining 11 hydroelectric company workers in 2013 and had been held in preventive prison for 18 months. The court confirmed that the prisoners were community leaders or indigenous authorities mediating between the community and the hydroelectric company and expressed concern over criminalization of the rights to assemble and protest. Specifically, the presiding judge stated, “attempting to mediate a community conflict is not a crime.”
Local human rights NGO Unit for the Protection of Human Rights Defenders registered 68 cases of criminalization of human rights defenders through October. Charges included defamation, legal complaint, and arbitrary detention.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Individuals and organizations have access to administrative and judicial remedies to bring 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, excessive workload, and a legal system that often permits time-consuming but spurious complaints.
The constitution and the law prohibit such actions, and the government generally respected these prohibitions. On September 5, President Jimmy 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 Public Ministry was investigating their suspected involvement in the illegal monitoring of journalists, human rights defenders, business owners, and politicians. Media sources reported that former presidential advisor and current member of congress Herbert Melgar’s name also appeared in the criminal complaint filed with the Public Ministry, but he continued to serve in congress and had not been formally charged.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape, 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. The PDH Ombudsman for Women and activists agreed that full investigation and prosecution of domestic violence and rape cases took an average of two to three years if the victims had access to quality legal representation. Impunity for perpetrators remained very high. Rape survivors frequently did not report crimes due to lack of confidence in the justice system, social stigma, and fear of reprisal.
Rape and other sexual offenses remained serious problems. According to the Public Ministry, there were 11,399 reports of sexual or physical assault through August. During the same period, there were 610 convictions for sexual or physical assault on women, an increase from the 527 convictions in the same period the previous year.
The government took steps to combat femicide and violence against women. The PNC’s Special Unit for Sex Crimes, the Office of Attention to Victims, the Office of the Special Prosecutor for Crimes against Women, and a special unit for trafficking in persons and illegal adoptions within the Special Prosecutor’s Office for Organized Crime deal with various aspects of 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 September 2015 the government relaunched the Office of the Coordinator for the Prevention of Domestic Violence and Violence Against Women (CONAPREVI), which serves as the domestic violence interagency coordinator and includes several civil society organizations. CONAPREVI had been active under previous governments but was dormant in recent years due to a lack of leadership and funding.
The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women because of their gender, but violence against women, including domestic violence, remained a serious problem. The law prohibits domestic abuse, allows for the issuance of restraining orders against alleged aggressors and police protection for victims, and requires the PNC to intervene in violent situations in the home. The PNC often failed to respond to requests for assistance related to domestic violence, however, and women’s rights advocates reported that few officers received training to deal with domestic violence or to assist survivors.
On November 22, the Public Ministry established a special prosecutor for femicide. The Institute of Public Criminal Defense, a government institution, provided free legal, medical, and psychological assistance to survivors of domestic violence. Femicide remained a significant problem. Sexual assault, torture, and mutilation were frequently evident in killings. The NGO Mutual Support Group, using government data, reported 565 violent deaths of women through the end of September. As of that month, authorities convicted 56 individuals for femicide. NGOs expressed concern that sentences were sometimes lenient.
Sexual and domestic violence remained serious problems. The PDH Office of Ombudsman for Women supported survivors of domestic and social violence by accompanying them to judicial proceedings and offering some social services such as psychological support. The Office of Ombudsman for Indigenous Women also coordinated and promoted action by government institutions and NGOs to prevent violence and discrimination against indigenous women, but lacked resources to reach all areas. The office maintained no statistics on its caseload. Civil society organizations provided mediation and free legal services to low-income women.
Although the law affords protection, including shelter, to victims of domestic violence, there were insufficient facilities for this purpose. The Ministry of Government operated eight shelters for survivors of abuse in departments with the greatest incidence of domestic violence. Due to continual budget uncertainties, the shelters’ operations were erratic. Several shelters funded by private donors or municipal governments operated in cities and the countryside. Many of the centers provided legal and psychological support and temporary accommodation.
Sexual Harassment: No single law, including laws against sexual violence, deals directly with sexual harassment, although several laws refer to it, such as the Femicide Law. There were no reliable estimates of the frequency of sexual harassment; however, human rights organizations reported sexual harassment was widespread. The government ran a pilot program consisting of social media and bus advertisements to promote greater awareness against sexual harassment and to encourage victims and witnesses to report the crime. Under this pilot program, the PNC, local transit police, and other groups established protocols for handling sexual harassment complaints.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health, 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, particularly for indigenous women in rural areas. Discriminatory attitudes among health-care providers and a lack of culturally sensitive reproductive and maternal health-care services deterred many indigenous women from accessing these services.
As a result of efforts to expand health services to underserved communities, the government was able to decrease the maternal mortality ratio and increase the percentage of institutional deliveries. Although the country made progress towards decreasing the maternal mortality ratio, it remained relatively high at 88 deaths per 100,000 live births. The UN Population Fund (UNFPA) reported in 2016 that skilled health personnel attended only 66 percent of births. Unsafe abortion also contributed to the country’s high maternal mortality ratio; legal abortion was tightly restricted except to save the life of the mother.
Discrimination: Although the law establishes the principle of gender equality and criminalizes discrimination, women faced discrimination, particularly under family and labor law, and were less likely to hold management positions. The government’s Secretariat for Women’s Affairs advises the president on interagency coordination of policies affecting women and their development.
Women were employed primarily in low-wage jobs in agriculture, retail businesses, the service sector, textile and apparel industries, and government. Women also obtained employment more frequently in the informal sector, where pay was generally lower and benefits nonexistent. The 2015 Global Gender Gap Report estimated women’s earned income was 56 percent that of men, and women on average received 64 percent of men’s salaries for comparable work. Many women engaged in agricultural work and often reported receiving less than 50 percent of a man’s salary for similar work. Women may legally own, manage, and inherit property on an equal basis with men, including in situations involving divorce.
Economic violence is a crime under the femicide law. The law defines it as actions that deprive a woman of the economic benefits to which she is legally entitled and cause damage to her economic situation. The crime occurs most frequently during divorce when a husband refuses to pay alimony, cancels or liquidates bank accounts, or sells jointly owned property without the spouse’s knowledge. A slow court system and late notifications of legal actions or notifications in Spanish to women who could not read Spanish contributed to the situation. According to the Public Ministry, from January through September, 271 reports of economic violence were filed, and authorities obtained five convictions.
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. Factors such as the need to travel to unfamiliar urban areas, to interact with nonindigenous male government officials, and to speak Spanish inhibited some indigenous women from registering their children. Authorities prevented foreign citizens residing in the country without appropriate documentation from registering their locally born children prior to regularizing their own immigration status. Lack of registration restricted children’s access to some public services and created conditions that could lead to statelessness.
Education: While compulsory through age 14, education through the secondary level is not obligatory, and less than half of eligible children attended secondary school. Also, less than half of secondary schools were public. Girls, especially girls in indigenous communities, were significantly less likely than boys to be educated to the secondary school level. Access to compulsory education in primary school was limited in many rural areas.
Child Abuse: Child abuse remained a serious problem. In March the country created the unit of Special Prosecutor for Crimes against Children and Adolescents. A unit under the Special Prosecutor for Crimes against Women had previously handled child abuse cases. The Public Ministry reported that it convicted the abusers of 489 minor victims for sexual abuse or other types of violence through September.
According to the Secretariat against Sexual Violence, Exploitation, and Trafficking in Persons (SVET), from January through July, 1,552 cases of pregnancies of minors 14 years old or younger were recorded nationwide, with the majority of cases coming from the departments of Huehuetenango, Alta Verapaz, Guatemala, San Marcos, and Peten. The secretary estimated that 80 percent of these cases were due to intrafamily sexual abuse. SVET launched a press campaign with special events and training sessions in rural areas to combat pregnancy of minors.
The Secretariat of Social Welfare, which oversees children’s treatment, training, special education, and welfare programs, provided shelter and assistance to children who were victims of abuse but sometimes placed children in shelters with juveniles who had criminal records. The government operated a shelter for minor victims of violence, abandonment, and exploitation in San Jose Pinula and in two temporary shelters in Quetzaltenango and Zacapa. SVET had shelters for victims of human trafficking and sexual violence in Coatepeque, Coban, and Guatemala City.
Early and Forced Marriage: The legal age for marriage is 18. In 2015 Congress eliminated a provision that previously allowed girls to marry at 14 and boys at 16 with parental consent. There were reports of forced early marriages in some rural indigenous communities. UNICEF reported that 30 percent of women 20 to 24 years of age were first married or in union by age 18 (7 percent of them by age 15) between 2008 and 2014. In an effort to identify cases of early and forced marriage, the government instituted nationwide training programs and protocols to encourage public employees to report pregnancies and childbirth among underage mothers.
The NGO Childhood Refuge reported an estimated 15,000 irregular marriages of minors had occurred since 2015, 70 percent of which took place in the western part of the country. Given the change in law raising the minimum age for marriage, the NGO also reported an increase of informal unions involving minors, which essentially functioned as marriages.
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 Public Ministry reported several complaints of sexual assault or rape against minors and successfully prosecuted some aggressors. The Ministry’s Office of Trafficking increased the number of investigators and prosecutors to respond to the sexual exploitation of minors, including opening an office dedicated to cybercrime. SVET broadened its coordination role by engaging directly with municipal governments and mayors to educate them on combatting sexual abuse, child abuse, and trafficking.
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 PNC conducted several raids against alleged online child pornography networks. The commercial sexual exploitation of children, including child sex tourism, remained a problem, with credible reports of child sex tourism in Antigua, Guatemala City, and the Department of Solola.
According to figures for 2016 released by the Public Ministry’s Office of Special Prosecutor for Children, authorities received 5,257 reports of sexual violence against minors and youth up to 19 years of age by mid-September. It received 47 reports of sexual exploitation involving minors and 141 reports of trafficking in persons.
Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of stealing, transporting contraband, prostitution, and conducting illegal drug activities. According to law enforcement sources, there were approximately 15,500 Barrio 18 gang members and 13,950 Mara Salvatrucha gang members. The NGO Mutual Support Group reported that 74 minors suffered violent deaths nationwide between January and March, a significant increase from 2015. NGOs dealing with gangs and other youth reported that youth detained by police were subject to abusive treatment, including physical assaults.
A significant number of unaccompanied children attempted to leave the country. Polling indicated that the primary motivations for migration were a lack of economic and educational opportunity in the country, fear of violence, and family reunification. NGOs reported that the Secretariat of Social Welfare (SBS), which is responsible for the care of both returned migrant children and unaccompanied foreign migrant children, reported two cases of sexual abuse of children under its care during the year. The cases highlighted the persistent problem of overcrowding in shelters, along with security issues. For instance, according to PDH, 44 minors disappeared from secured SBS shelters from September to mid-November. One NGO provided shelter and comprehensive social services for unaccompanied foreign migrant children.
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 travel.state.gov/content/childabduction/en/legal/compliance.html.
The Jewish population numbered approximately 1,500 persons. During a May protest against Energuate, a power distribution company purchased in December 2015 by a company with connections to Israel, protesters used a banner that had an image of Jesus Christ and stated, “Jews killed me on the cross. Now Jews from Energuate are killing my people in Guatemala with energy.” Jewish community leaders filed a complaint with the PDH, which pursued the case in court. During the summer the protesting group and the Jewish community settled the matter out of court with a formal apology from the protesting group.
In June the former mayor of San Juan La Laguna, Antonio Adolfo Perez y Perez, was placed under house arrest during his trial for abuse of authority and discrimination for his involvement in the expulsion of members of the ultraorthodox Jewish sect Lev Tahor in 2014.
In September authorities raided the homes of the Lev Tahor community in Guatemala City. Authorities stated they were investigating reports of child abuse; however, they found no evidence. Lev Tahor members claimed they were persecuted because of their faith.
Trafficking in Persons
Late in 2015 Congress passed an antihuman smuggling law that designated migration-related smuggling as a crime. See also 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 in employment, education, access to health care, or the provision of other state services. 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 government devoted few resources to addressing the needs of persons with disabilities.
The National Council for Persons with Disabilities reported that 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. There were minimal educational resources for persons with disabilities. Most universities did not have facilities accessible to persons with disabilities. The Social Development Ministry had 23 employees with disabilities, but other ministries had very few, or no, such employees. During the year a previously ad hoc congressional committee on disabilities became permanent.
The National Council for Persons with Disabilities began a nationwide survey to estimate the number of persons with disabilities. It also signed cooperation agreements with various ministries including the Public Ministry and the Secretariat of Women’s Issues to address the needs of persons with disabilities in their infrastructure, services, and programs.
The Federico Mora National Hospital for Mental Health, the only public health provider for persons with mental illness, lacked basic supplies, equipment, hygienic living conditions, and adequate professional staff. It fired several employees in 2015 after disability advocates and media 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. Despite the staff changes, disability rights organizations noted little else had changed.
The government’s National Institute of Statistics estimated that indigenous persons from 22 ethnic groups comprised 44 percent of the population. Many experts believed the number was considerably higher. 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 under national law.
Indigenous representatives claimed that actors in a number of regional development projects failed to consult meaningfully with local communities. In some cases indigenous communities were not regularly or adequately consulted or 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. During the year courts suspended the operating licenses of several hydroelectric and mining projects for not complying with requirements for consultations with indigenous communities as required under International Labor Organization Convention (ILO) 169, recognizing the convention’s requirement that the government must play a role in the process. Previously, businesses had carried out consultations independently without government oversight. The government was working to design a more thorough consultations process consistent with ILO standards.
Indigenous communities continued to report a lack of public infrastructure investment in their communities, resulting in poor roads and limited access to running water and electricity. Indigenous persons reported the need for schools with bilingual (i.e., Spanish and their indigenous language) education and cultural studies; educational scholarships; leadership training to increase indigenous persons’ participation in politics; and the construction of universities (not only extension campuses), hospitals, and health clinics in their communities.
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. These factors contributed to continued disproportionate poverty among most indigenous populations.
In April the governor of Alta Verapaz, Estela Ventura, who is of indigenous descent, filed a criminal complaint against eight members of Congress on the grounds of harassment, racial discrimination, and influence peddling. The governor claimed to have recordings in which the representatives used racial slurs against her in a meeting. On August 31, a judge agreed to remove immunity for the eight representatives in order to open a full investigation.
Indigenous lands lacked effective demarcation, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that pervasive ignorance by security authorities of indigenous norms and practices engendered misunderstandings. The government located three police academies in largely indigenous areas of the country to increase the number of indigenous police officers and assign them to work within their own ethnic or linguistic communities.
The Department of Indigenous People in the Ministry of Labor, tasked with investigating cases of discrimination and representing indigenous rights, counseled indigenous persons on their rights. Limited resources hindered the department’s effectiveness. Indigenous persons were particularly vulnerable to labor trafficking.
The justice system significantly increased the number of legally mandated court interpreters for criminal proceedings and reported that it held 8,000 court proceedings in Mayan languages through August. Despite the increase, availability did not meet demand.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The country’s antidiscrimination laws do not apply to LGBTI individuals. LGBTI rights groups alleged that police officers regularly engaged in extortion and harassed male and transgender individuals they believed to be sex workers. There was general societal discrimination against LGBTI persons in access to education, health care, employment, and housing. The government undertook minimal efforts to address this discrimination. After being elected as president of the country’s first congressional women’s caucus in September, the first openly lesbian member of Congress, Sandra Moran, was subject to discrimination in the form of an online petition that demanded her removal due to her LGBTI status. Moran filed a complaint with the PDH.
According to LGBTI rights groups, gay and transgender individuals often experienced police abuse. A lack of trust in the judicial system and a fear of further harassment or social recrimination discouraged victims from filing complaints. NGOs conducted sensitization training classes with police officials but noted that the number of trained officials remained low. The National Police and Public Ministry changed their complaint registration systems to include a field identifying whether the complainant is a member of the LGBTI community. Due to general fears of discrimination, few LGBTI community members were comfortable self-identifying to officials.
LGBTI groups claimed that women experienced specific forms of discrimination such as forced marriages and forced pregnancies through so-called corrective rape, although these incidents were rarely, if ever, reported to authorities.
The Public Ministry and SVET took up the first case of trafficking in persons involving transgender individuals, rescuing and treating several victims and returning them to their home countries. The National Registry circulated an internal memo on nondiscrimination against the LGBTI community, although officials still barred transgender individuals from obtaining identification documents that reflected a different gender. Transgender individuals continued to face severe discrimination.
HIV and AIDS Social Stigma
The law does not expressly include HIV/AIDS status among the categories prohibited from discrimination. There was societal discrimination against persons with HIV/AIDS. Forms of discrimination included being required by 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 treatment in public hospitals and had their right to confidentiality violated by disclosure of their status. Discrimination against LGBTI persons with HIV/AIDS was particularly pronounced and affected their access to HIV-prevention programs.
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 that in the first three months of the year, five persons were killed in public lynchings, and 26 were injured. Many observers attributed the acts to public frustration with the failure of police and judicial authorities to provide justice and security. As a result local citizen security groups were formed and operated autonomously. In many instances PNC agents feared for their own safety and refused to intervene. In August a mob in Patulul set fire to and killed a man arrested as an alleged extortionist who had participated in the shooting of a microbus driver.