GUATEMALA COUNTRY REPORTS

2019 Human rights Watch

2017/2018 Amnesty International

The institute

2019 – Freedom House

WORLD REPORT 2019 HUMAN RIGHTS WATCH

Guatemala three branches of government, and prompting the resignation and arrest of the country’s then-president and vice-president in 2015, for their alleged participa- Progress in prosecuting corruption and abuse made in recent years is at risk due tion in a scheme to defraud the customs authority by collecting bribes instead of to serious obstruction from the government. This progress was the result of the customs duties. collaboration of the Attorney General’s Office with the United Nations-backed In- Prosecutors also pressed charges against scores of officials—including more ternational Commission against Impunity in Guatemala (CICIG), established in than a dozen current and former members of Congress from six different political 2007 to investigate organized crime and reinforce local efforts to strengthen the parties—for hiring people in Congress who never performed any work for the in- rule of law. At time of writing, CICIG and the Attorney General’s Office were pros- stitution (or already received a salary from another employer) and pocketing the ecuting more than a dozen current and former Congress members, as well as for- wages for those “phantom jobs.” mer President Otto Pérez Molina and former Vice-President Roxana Baldetti, who In October 2018, former Vice-President Baldetti was sentenced to 15 years and were arrested on corruption charges in 2015. six months in prison for her role in a scheme to defraud the state for US$18 mil- In August, President Jimmy Morales announced that he would not renew CICIG’s lion. At time of writing, other major corruption cases brought since 2015 were mandate when it expires in September 2019. In September, he prohibited CICIG still in pretrial proceedings. Commissioner Velásquez from re-entering the country. At time of writing, the Constitutional Court had ordered that Velásquez should be allowed to return, but Accountability for Past Human Rights Violations authorities indicated they would not comply with this order. In May 2018, three former military officers were sentenced to 58 years each for In August, the Guatemalan Congress approved in a preliminary vote a bill that the enforced disappearance of then 14-year old Marco Antonio Molina Theissen contains provisions that would discriminate against lesbian, gay, bisexual, and and the rape of his sister Emma in 1981. After Emma escaped from an army base transgender (LGBT) people and expand the criminalization of abortion. The bill where she was raped, officers went to her house and took away her younger remained pending in Congress at time of writing. brother in apparent retaliation. Among those convicted was Benedicto Lucas García, former top military officer and brother of former military dictator Romeo Public Security, Corruption, and Criminal Justice Lucas García. One officer was sentenced to 33 years for the rape. Violence and extortion by powerful criminal organizations remain serious prob- The trial against former Guatemalan dictator Efraín Ríos Montt and a former sol- lems in Guatemala. Gang-related violence is an important factor prompting peo- dier for their role in the 1982 Dos Erres massacre, in which Guatemalan army ple, including unaccompanied children and young adults, to leave the country. special forces killed around 200 civilians as part of their counterinsurgency pol- Guatemala suffers from high levels of impunity, partly because criminal proceed- icy during the armed conflict, had been scheduled for August 2018. It eventually ings against powerful actors often suffer unreasonably long delays due to exces- started in October and was ongoing at time of writing. However, Ríos Montt died sive use of motions by criminal defendants. Those delays are compounded by in April. In 2011 and 2012, five former members of the military were convicted for courts often failing to respect legally mandated time frames and sometimes tak- their roles in the massacre. ing months to reschedule suspended hearings. Intimidation against judges and In May 2013, Ríos Montt was found guilty of genocide and crimes against human- prosecutors and corruption within the justice system continue to be problems. ity for the assassination of over 1,771 Mayan Ixil civilians in 105 massacres, when Despite these obstacles, investigations by CICIG and the Attorney General’s Of- he was head of state in 1982 and 1983. He was sentenced to 80 years in prison, fice have exposed more than 60 corruption schemes, implicating officials in all but 10 days later the Constitutional Court overturned the verdict on procedural

248 249 WORLD REPORT 2019 HUMAN RIGHTS WATCH

grounds. The retrial began in March 2016 but was suspended two months later which could mean that the provision of sexual and reproductive information, because of outstanding legal challenges. The trial restarted in October 2017 with counseling, or referrals might result in sentences of up to 10 years. The bill just one session per week. Ríos Montt died before the trial concluded. In Sep- needs to pass another round of votes, as well as an approval per article, before tember 2018, the other defendant in the case, the former head of intelligence, the president can sign it into law. was acquitted. Sexual Orientation and Gender Identity

Violence Against Journalists The proposed “Life and Family Protection” bill that was approved in a prelimi- Journalists are targets of harassment and violence. In February 2018, the bodies nary version in August also contains provisions that discriminate against LGBT of journalist Laurent Castillo and radio worker Luis de León were found bound people. It prohibits same-sex marriage and defines marriage as a union between with gunshot wounds to the head outside the town of Santo Domingo, in people who were a man and a woman “by birth,” thus excluding many transgen- Guatemala’s southwestern Suchitepéquez department. In June 2017, TV journal- der people. The bill defines “sexual diversity” as “incompatible with the biologi- ist Carlos Rodríguez survived a gunshot to the head. In June 2016, radio journal- cal and genetic aspects of human beings.” ist Álvaro Aceituno was killed, and in March 2015, journalists Danilo López and The bill also establishes that “freedom of conscience and expression” protect Federico Salazar were assassinated. In January 2017, investigations by CICIG and people from being “obliged to accept non-heterosexual conduct or practices as the Attorney General’s Office implicated Congressman Julio Juárez from govern- normal.” This provision could be interpreted to mean that people can be denied ment party FCN-Nación in the latter crime. At time of writing, the case was in pre- services on the basis of sexual orientation or gender identity, in violation of in- trial proceedings. ternational human rights law.

Women and Girls’ Rights Key International Actors In March 2017, 41 adolescent girls were killed in a fire in the Hogar Seguro gov- The UN-backed CICIG plays a key role in assisting Guatemala’s justice system in ernment-run shelter. Fifty-six girls had been locked up for the night in a space prosecuting violent crime. CICIG works with the Attorney General’s Office, the that could safely hold only 11, without access to water or a restroom, following a police, and other government agencies to investigate, prosecute, and dismantle protest against the poor living conditions and treatment received in the shelter— criminal organizations operating in the country. It is empowered to participate in including reports of sexual violence stretching back years. After at least six hours criminal proceedings as a complementary prosecutor, to provide technical assis- in those conditions, one of the girls set a mattress on fire so guards would open tance, and to promote legislative reforms. the door—but they didn’t. Three public officials were due to stand trial in Febru- ary 2019 for involuntary manslaughter and breach of duty, among other charges. In August 2018, CICIG and the attorney general presented a renewed request to At time of writing, proceedings against nine others were ongoing. strip President Jimmy Morales of his presidential immunity in order to investigate his role in illicit campaign financing. Two weeks later, Morales, flanked by mili- Under current law, abortion is legal in Guatemala only when the life of a preg- tary and police officers, announced that he would not renew CICIG’s mandate nant woman or girl is in danger. In August, Guatemalan Congress approved a when it expires in September 2019. The following week, he announced that he preliminary version of the “Life and Family Protection” bill, which would expand had prohibited CICIG Commissioner Iván Velásquez—who was on a work trip the criminalization of abortion and could subject women who have miscarriages abroad—from re-entering the country. to prosecution. It would also raise the maximum sentence for abortion from 3 to 10 years and would make it a crime to engage in “the promotion of abortion,”

250 251 European Court of Human Rights judgments. military, including the former head of the The judgments were regarding the violation of High Command of the Guatemalan Army, the right to freedom of association in relation were sent to trial charged with crimes against to the authorities’ refusal to register humanity and rape against Emma Guadalupe associations of Greece’s national minorities in Molina Theissen, and the enforced 2007, 2008 and 2015. The new provision disappearance of her younger brother, Marco amended the Code of Civil Procedure to allow Antonio Molina Theissen. the possibility of reopening proceedings in Criminal proceedings remained stalled these cases. However, the NGO Greek against former members of the military on Helsinki Monitor expressed concern over the charges related to multiple cases of enforced limitations placed by the law in relation to the disappearances and unlawful killings carried reopening of such proceedings, including on out in a military base, now known as grounds of national security and public order. Creompaz, in the northern Alta Verapaz region. Appeals filed against decisions affecting the victims’ rights were pending and several officers remained at large. In both GUATEMALA cases, victims and human rights defenders Republic of Guatemala were intimidated and harassed inside or Head of state and government: Jimmy Morales Cabrera outside the court and online. After several failed attempts since 2015, the trials of Thousands continued to flee the country to former military head of state José Efraín Ríos escape high levels of inequality and Montt and former intelligence chief violence. Human rights defenders, in Rodríguez Sánchez resumed in October. particular those working on land, territorial and environmental issues, were at great risk IMPUNITY and faced smear campaigns. Impunity and Judges and prosecutors continued to face corruption persisted, undermining public intimidation and pressure. Efforts to fight trust in local authorities and hindering impunity were at great risk of setbacks due to access to justice. Recent progress to increased resistance from certain political consolidate the criminal justice system and actors. A constitutional reform introduced in the rule of law was challenged. High-profile Congress in November 2016, aimed at cases of past crimes under international law consolidating efforts towards justice and remained stalled. accountability and strengthening the independence of the judiciary, had not been LEGAL, CONSTITUTIONAL OR approved at the end of the year. Mass INSTITUTIONAL DEVELOPMENTS protests took place in August and September In August, Augusto Jordan Rodas took up and the country faced a political crisis when office as Ombudsperson for Human Rights. several members of the government resigned In November, the last criminal provisions in September, in reaction to President referring to the death penalty were declared Morales’ attempt to expel the head of the unconstitutional. International Commission against Impunity in Guatemala (an independent body established TRANSITIONAL JUSTICE by the UN and the Guatemalan government Despite progress in the prosecution of some in 2006 to strengthen the rule of law post- crimes against humanity committed during conflict). the internal armed conflict (1960-1996), efforts towards truth, justice and reparations HUMAN RIGHTS DEFENDERS remained halted, and the vast majority of Human rights defenders faced continuous cases continued to suffer setbacks and threats, stigmatization, intimidation and undue delays. Five former members of the attacks.

180 Amnesty International Report 2017/18 The Guatemalan NGO Unit for the 400 people, including children and elderly Protection of Human Rights Defenders in people, who were stranded at the northern Guatemala said that defenders working on border with Mexico from early June in poor rights related to land, territory and the sanitary conditions. They had abandoned environment faced the highest number of their community situated in Laguna Larga attacks. In January, Sebastián Alonso Juan hours before a massive eviction was carried was killed during a peaceful protest against out. By the end of the year the authorities the construction of hydroelectric projects in had not facilitated their return. the Ixquisis region of San Mateo Ixtatán. In addition, human rights defenders were REFUGEES’ AND MIGRANTS’ RIGHTS constantly subjected to smear campaigns to Thousands of Guatemalans migrated to the stigmatize and discredit them and their work USA through Mexico in an effort to escape in an attempt to force them to stop their the high levels of inequality and violence legitimate activities. From the end of June, affecting marginalized groups. UNHCR, the members of the Centre for Environmental, UN refugee agency, said that between Social and Legal Action were targeted with January and October 18,764 Guatemalans smear campaigns after they challenged the sought asylum in other countries. licence of Minera San Rafael mining Unaccompanied children from Guatemala company in San Rafael Las Flores. The comprised the biggest group of arrivals justice system was regularly misused to target apprehended at the US border. Although and harass human rights defenders in an large numbers of people continued to be attempt to break up movements and forcibly returned to Guatemala, there was no organizations, and silence human rights comprehensive mechanism or protocol in defenders. place to address the needs of returnees who A General Instruction by the Public were sent back to the same conditions and Prosecutor’s Office containing guidelines to danger that they had fled. effectively investigate attacks against human rights defenders was under review pending CHILDREN’S RIGHTS its approval for several months. Despite some In March, 41 girls died in a fire in the Virgen progress, the process to create, in de la Asunción government-run shelter in consultation with civil society, a San José Pinula municipality while locked comprehensive public policy for the inside a classroom. The deaths revealed the protection of human rights defenders had not lack of sufficient and adequate measures to concluded by the end of the year. protect children’s rights in Guatemala. A number of public officials were charged, but LAND DISPUTES delays in the investigation were reported. In September the Supreme Court recognized High levels of child pregnancy remained a the lack of prior consultation with the Xinca particular concern. The Observatory on Indigenous People of Santa Rosa and Jalapa, Sexual and Reproductive Health registered who had been negatively affected by the 69,445 births by girls and young women activities of the mine of San Rafael Las aged from 10 to 19 between January and Flores. The Court ordered the Ministry of September. Energy and Mines to carry out a consultation, but it also allowed the company to continue mining operations. As a result, an appeal was filed before the Constitutional Court, which remained pending. In September the Inter-American Commission on Human Rights ordered Guatemala to protect the rights of around

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Institute on Religion and Public Policy Report:

Religious Freedom in the Republic of Guatemala

Executive Summary

While Guatemala continues to struggle with human rights abuses, the government has not contributed to systematic violations of religious freedom. Rather, the entrenched human rights violations continue to target the population of indigenous Mayans who came under fire during the Guatemalan civil war. The indigenous population practices a variety of syncretic religions, and while they do not face persecution for their religious beliefs, they continue to suffer injustices on a day-to-day basis due to social inequalities and the impunity enjoyed by political officials who orchestrated the near-genocide of the indigenous population during the thirty-six year civil war.

Institute on Religion and Public Policy

The Institute on Religion and Public Policy is an international, inter-religious non- profit organization dedicated to ensuring freedom of religion as the foundation for security, stability, and democracy. The Institute works globally to promote fundamental rights and religious freedom in particular, with government policy- makers, religious leaders, business executives, academics, non-governmental organizations and others. Twice nominated for the Nobel Peace Prize, the Institute encourages and assists in the effective and cooperative advancement of religious freedom throughout the world.

History of Religious Freedom and Politics in Guatemala

Since the Spanish settled Guatemala in the 15 th century, Catholicism and the indigenous Mayan religion have dominated the country. In the initial stages of colonization, Catholic churches were erected on Mayan sacred sites. In such instances, the indigenous population was granted unlimited visitation rights, which have usually been upheld. While the Catholic Europeans enjoyed a comparatively luxurious lifestyle and boasted a monopoly on wealth and land, the two religions existed independently without significant conflict.

In 1944, a military junta led by Major Francisco Javier Arana and Captain Jacobo Arbenz Guzmán orchestrated a successful coup toppling dictator Juan Federico Ponce Vaides. The new leaders subsequently called for Guatemala’s first democratic election, which was won by popular writer and teacher Juan José Arévalo Bermejo. However, in 1954 the United States engineered a coup against the democratically-elected President Jacobo Arbenz due to his intention to make 1620 I Street, NW Suite, LL 10, Washington, DC 20006 • 202.835.8760 P • 202.835.8764 F [email protected] • www.religionandpolicy.org •

modest land reforms against the interests of US-based produce-giant United Fruit Company. After Arbenz’s official resignation, Castillo Armas, the leader of the revolutionary forces as well as the newly installed president, lacked the popular support and experience to continue Guatemala’s progressive democratic initiatives. His ineptitude and corrupt policies effectively ended the country’s burgeoning democracy and plunged Guatemala back into a state of civil conflict where it would remain for over four decades.

The period from 1960-1996 is officially known as the Guatemalan Civil War, during which thousands of indigenous peoples were slaughtered by the Guatemalan military. The majority of this conflict coincided with the US-USSR Cold War, during which the United States consistently supplied the Guatemalan military with arms and training. Unfortunately, this effort by the US to combat the spread of communism fueled the military rule that led to the deaths of numerous indigenous Guatemalans. By the 1970s, old and new insurgent groups were joining together in the fight against the now entrenched military regime. With this growth of guerilla groups, the war took place increasingly in the Mayan highlands leading to the final phase of the conflict marked by the state engaged in war against its own people. The indigenous Mayan population suffered the brunt of the attacks because they constituted a majority of the insurgents due to their frustrations over the vast discrepancies in living conditions between the elite and the general population. In 1982, various guerilla groups joined together to form the Guatemalan National Revolutionary Unity (URNG). Extremist right-wing opposition, frustrated with its inability to pin down the enemy, formed its own set of vigilante groups, most notably the Secret Anti-Communist Army (ESA) and the White Hand (La Mano Blanca), which tortured and murdered those suspected of leftist activities. According to the United Nation’s Commission for Historical Clarification, at the war’s end in 1996, an estimated 200,000 civilians were killed by the military government, the vast majority of them being non-violent victims of the conflict. Some review bodies, including the Spanish Constitutional Court, have labeled the war as genocide.

The war ended with the signing of the Peace Accords in 1996; however, the peace discussions began as early as 1991, with the UN stepping in to assist in moderation by 1994. The Human Rights Accord, signed in March, 1994, provided a new mechanism for ending the systematic violation of human rights by introducing a UN Verification Mission (MINUGUA) into the country. The UN presence signified the international community's intention to monitor the Guatemalan government’s respect for human rights. Thus, the Peace Accords, finished in 1996, officially ended the thirty-six year struggle and lay the groundwork for a move towards reconstruction. Today, Guatemalan citizens democratically elect their leaders, but the injustices suffered during the Civil War continue to go unpunished. While the indigenous Mayan population does not suffer outright discrimination for their religious beliefs, they endure lasting inequalities in a country with one of the largest margins for wealth disparity in the

Western Hemisphere, resulting from the human rights violations carried out during the Civil War.

Legal Status

The Guatemalan Constitution provides for complete religious freedom as a core component for upholding human rights domestically and internationally. At the most basic level, the government upholds this policy, as there have been no reports of discrimination based on religious affiliation, belief, or practice.

There is no official state religion; however, Article 37 of the Constitution explicitly recognizes the Catholic Church as a distinct legal personality. This does not necessarily mean that the Catholic Church receives special political privileges. For example, in 2001, then- President Alvaro Arzú signed into law the country’s first successful legislation on reproductive health policy despite opposition from the Catholic Church.

The Government does not subsidize religious programs, and the Constitution allows for, but does not require, religious education in schools. Additionally, the Government does not establish requirements for religious recognition nor impose registration requirements on any group or body wishing to worship or practice together. Religious groups do have to register to conduct legal business (i.e. renting/ leasing, purchasing, entering contracts). The Catholic Church is exempted from this provision due to its official legal status. However, any religious organization may apply for legal recognition by submitting an application including its bylaws and a list of original members to the Ministry of Government. Religious organizations are tax-exempt.

In 1994, the Guatemalan government and the leftist guerilla organization, the Guatemala National Revolutionary Unity, signed the Agreement on Resettlement of the Population Groups Uprooted by the Armed Services Conflict. The Agreement applies to all persons uprooted by the conflict and recognizes their option to return to place of origin or resettle in another place of their choice. Other provisions of the Agreement include the security of NGOs and churches (Section II (11))

Specific Instances of Religious Discrimination

All applications for legal status are ostensibly accepted, except when, “the organization does not appear to be devoted to a religious objective, appears to be in pursuit of illegal activities, or engages in activities that appear likely to threaten the public order.” In its country report for 2008, the US State Department noted that no applications were rejected during the period the report covered. However, many Protestant leaders report that the process is often lengthy and burdensome, lasting anywhere from six months to several years. These bureaucratic difficulties have led 7,000 Protestant churches to either not apply for

legal registration or to not complete the process. Additionally, while churches in Guatemala are considered tax-exempt, some Protestant leaders noted that local officials made them pay property tax.

While the Guatemalan Civil War ended over a decade ago, the country still suffers intense systematic issues stemming from discrepancies in wealth between indigenous and non-indigenous peoples. Guatemala’s rich live an insulated existence, able to use their considerable monetary advantages to pay for private security, schooling, and health care. Only 5 out of 10 fifteen year-old indigenous children are literate, while 8 out of 10 non-indigenous children of the same age are. Only 16% of indigenous people have regular access to medical care. In a country where the elite enjoy more helicopters per capita than anywhere in the world, the poor—comprised primarily of the indigenous population—endure in a country with one of the highest murder rates in Latin America and highest chronic level of malnutrition anywhere in the region. The near-genocide and incredible displacement the indigenous Mayan population suffered during the Civil War allowed the elite (around 2% of the Guatemalan population) to secure over 70% of the land. Additionally, the country suffers from increased power of organized crime. In an interview with Brookings Institution, one Guatemalan observed, “You used to be at risk here if you said the wrong thing politically or joined the wrong group, but today you may die simply because you are on the wrong road at the wrong time.” While victimization may have shifted from outright persecution of the indigenous population, those without the means to afford their own security have consistently suffered from this uptake in organized crime.

The Guatemalan Government is continually plagued with issues of impunity, as those charged with committing human rights violations both during and after the Civil War continually evade retribution for their actions. The government remains inherently corrupt; according to Iberobarómetro 2008 , a regional survey, only 25% of the Guatemalan population has any confidence in the police, while only 15% trusts the Constitutional Court and the Supreme Court, in both cases amongst the lowest figures in the region. Furthermore, those who work toward justice and to combat impunity often end up facing their own set of dangers. Members of the Human Rights Ombudsman’s Office, which opened 12 million archives containing evidence of human rights abuses committed during Guatemala’s internal armed conflict, some of which amount to crimes against humanity, have been victims of attacks and threats. To date, no high-ranking officer or official has ever been brought to justice for their role in ordering, planning or carrying out the widespread and systematic human rights violations which took place in Guatemala during the Civil War. As early as March 1994, the Guatemalan Government began signing peace accords which covered human rights, Mayan rights, and social welfare. Additionally, the government set up a Commission on Clarification to examine past human rights abuses. However, these vague improvements still exist mainly on paper. The government continually suffers from its own corruption and lacks the infrastructure to ensure

proper implementation, as such reforms threaten the privileges of Guatemala’s powerful. Even the current president, Álvaro Colom, who has been credited for actively working to strengthen social programs and introduce positive tax reforms, is under investigation for collaboration in the recent murder of Guatemalan lawyer Rodrigo Rosenberg; the scandal has brought to light further issues of corruption, impunity, and public insecurity.

For several years, representatives of Catholic, Protestant, Jewish, and traditional Mayan spirituality groups have participated in the Interreligious Dialogue and the Foro Guatemala to discuss social and political agendas. Generally, Catholics and Mayans have encountered very few issues regarding the co-existence of their faiths within the country. The rise of Protestantism, especially those denominations with evangelical tendencies, has in some ways upset the balance between the indigenous population and their Catholic counterparts. As such, Mayan representatives have notably clashed with those from the Protestant communities during these meetings.

Evangelicalism rose in popularity during the years of internal conflict due to its promises of a glorious afterlife. Today, Guatemala plays host to the largest contingency (by percent of population) of Pentecostals in Latin America. Guatemalan Pentecostal churches offer business classes, teach adherents how to properly handle their money, and encourage their congregations to seek leadership positions within their communities. Rather than promising that oppression will lead to rewards in the afterlife, this shift in focus now suggests that God does not want his followers to be poor and that poverty does not equal humility, therefore allowing the Pentecostal churches to act as agents of social change in ways which the government has been either unable or unwilling to do on its own. While some consider this stance to be “theological extortion”—that is, those who remain in poverty have not given enough to God and simply need to give more— Pentecostals have nevertheless proven successful at helping numerous disadvantaged Guatemalans build a better life for themselves in spite of government corruption.

United States Foreign Policy

According to the United States State Department, U.S. policy objectives in Guatemala include: supporting the institutionalization of democracy and implementation of the peace accords;

Encouraging respect for human rights and the rule of law, and the efficient functioning of the International Commission Against Impunity in Guatemala (CICIG);

Supporting broad-based economic growth and sustainable development and maintaining mutually beneficial trade and commercial relations, including

ensuring that benefits of CAFTA-DR reach all sectors of the Guatemalan populace;

Three areas of focus for USAID/Guatemala's program are modeled after the Millennium Challenge Account areas--ruling justly, economic freedom, and investing in people, and include “more responsive, transparent governance through strengthened justice and greater transparency and accountability of governments,” and, “healthier, better educated people, through: increased and improved quality of social sector (health and education) investments and increased use of quality maternal-child and reproductive health services, particularly in rural areas.” Unfortunately, the US Foreign Policy towards Guatemala does not list specific plans of action for undertaking and ensuring these types of reforms.

In May 2007, the House unanimously passed H.Res.100, “Expressing the sympathy of the House of Representatives to the families of women and girls murdered in Guatemala and encouraging the Government of Guatemala to bring an end to these crimes.” Among other recommendations, the resolution “ encourages the Secretary of State to urge the government of Guatemala to: (1) honor the victims of the brutal murders and to continue to include in the Department of State's annual Country Reports on Human Rights Practices all instances of improper investigatory methods, threats against human rights activists, and the use of torture with respect to cases involving the murder and abduction of women and girls in Guatemala; (2) hold accountable those law enforcement and judicial officials who fail to investigate and prosecute the murders adequately; and (3) take measures to ensure that the special Guatemalan police and prosecutorial units are adequately staffed and have sufficient resources.” A similar resolution passed unanimously in the Senate in March 2008 (S.Res.178).

Conclusion

While Guatemala is not a hotbed for issues of religious discrimination, the country still suffers from intense structural issues stemming from over 35 years of internal combat. Guatemala’s shaky footing means previous human rights violations continue to go unpunished, as those with access to the documents detailing the atrocities are reticent to release them, fearing for their own safety. Similarly, those aligned with progressive movements dedicated to helping the nation gain strength and momentum consistently find themselves in danger, as murders continue to plague the country. As the political divide between left and right has lessened over the past decade, Guatemala now faces difficulties surrounding the equally divisive categories of poverty and wealth, a division which negatively impacts the indigenous Mayan population.

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COUNTRY REPORTS

Guatemala - Select a Country Report - PARTLY FREE 53 /100 Overview: While Guatemala holds regular elections that are generally free, organized Aggregate Freedom Score crime and corruption severely impact the functioning of government. Violence and criminal extortion schemes are serious problems, and victims 53 have little recourse to justice. Journalists, activists, and public ofcials who

Least Free (0) Most Free (100) confront crime, corruption, and other sensitive issues risk attack. Freedom Rating 4/7 Key Developments: Political Rights 4/7 KEY DEVELOPMENTS IN 2018:

In August, the attorney general and the UN-backed International Civil Liberties 4/7 Commission against Impunity in Guatemala (CICIG) made a third request to lift President Jimmy Morales’s immunity, after collecting (1=Most Free, 7=Least Free) further evidence suggesting that the president and his party, the National Convergence Front (FCN), had received illegal contributions On this Page during the 2015 campaign period. However, Congress subsequently voted to retain Morales’s immunity in October. Overview Responding to the increased pressure from the CICIG, President Key Developments Morales declared in late August that he would not renew its mandate and in September barred Iván Velásquez, the commission’s head, from reentering the country. The Constitutional Court subsequently ruled Political Rights and Civil Liberties that the government must allow Velásquez’s return. However, Morales still refused to permit his reentry at year’s end, in deance of the court’s two attempts in 2017 failed. However, Congress voted to retain Morales’s  Freedom in the World 2019  MENU  Freedom in the World 2019  MENU ruling. immunity in October.

In December, the solicitor general accused three Constitutional Court A2. Were the current national legislative representatives elected through free and fair elections? 3 / 4 judges who had ruled in favor of the CICIG of malfeasance and violating the constitution, and petitioned the Supreme Court to allow a vote in Members of the 158-seat, unicameral Congress are elected to four-year Congress to lift the judges’ immunity, which would clear the way for terms. Like the presidential election, the 2015 polls were deemed credible, their potential impeachment. but observers noted irregularities, and 11 municipal contests had to be repeated. A CICIG report released that year stated that 25 percent of A report published by the newspaper Nuestro Diario in August campaign contributions to political parties had come from business interests, uncovered widespread monitoring and illegal surveillance of diplomats, and another 25 percent originated with organized crime groups. politicians, journalists, civil society activists, and other critics of the A3. Are the electoral laws and framework fair, and are they implemented government. impartially by the relevant election management bodies? 2 / 4

Authorities and lawmakers in recent years have taken some steps to address Political Rights and Civil Liberties: a serious lack of transparency in party nancing, and to prevent illegal party nancing—both of which were serious problems in the 2015 polls. In 2016, POLITICAL RIGHTS: 22 / 40 (−1) the legislature approved electoral reforms that included stronger oversight of parties’ nancial disclosures, and in 2017, the Supreme Electoral Tribunal A. ELECTORAL PROCESS: 8 / 12 (TSE) implemented mechanisms to monitor nancing procedures and A1. Was the current head of government or other chief national penalize illegal electoral nancing. In June 2018, the TSE announced that it authority elected through free and fair elections? 3 / 4 would dissolve the ruling FCN due to party nance violations. Five other parties were also targeted for dissolution by the TSE for nancial The constitution stipulates a four-year presidential term, and prohibits irregularities during the year. However, it was unclear at year’s end whether reelection. In a runoff election in 2015, President Morales won a plurality of the TSE’s decisions would be enforced, and a court halted the dissolution the vote, with 67 percent. The election was judged as generally credible, process for the FCN in October. although electoral observers reported some irregularities, including intimidation and vote buying. An estimated 20 election-related murders In October, Congress passed legislation to reform the penal code, which occurred during the campaign period, mostly involving mayoral candidates weakened the legal framework by reducing penalties related to party nance and their relatives. violations from four to twelve years in prison to one to ve years, and allowing such sentences to be commuted. In August 2018, the attorney general and the CICIG indicated that they had gathered further evidence suggesting that the president and his party, the B. POLITICAL PLURALISM AND PARTICIPATION: 10 / 16 FCN, had received illegal contributions during the 2015 campaign period. B1. Do the people have the right to organize in different political parties They subsequently led a third request to lift the president’s immunity, after or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or Minorities struggle to fully exercise their political rights. Members of  Freedom in the World 2019  MENU  Freedom in the World 2019  MENU groupings? 3 / 4 indigenous communities hold just 20 seats in the 158-seat legislature, although they comprise over 40 percent of the population, and there are few Political groups and organizations generally operate without encountering initiatives aimed at promoting their participation. Women are legal restrictions. However, new groups sometimes face bureaucratic delays underrepresented in politics, though small women’s rights groups, mainly from the TSE when attempting to register. those working to draw attention to violence against women, have some visibility in the political sphere. At the end of 2018, the Minister of Foreign Elections take place within an inchoate multiparty system in which new Relations was the only woman in the president’s cabinet. A representative in parties are frequently created. New parties that lack resources and the current legislature is the rst to self-identify as a member of the LGBT infrastructure face disadvantages in gaining broad support. A lack of party (lesbian, gay, bisexual and transgender) community. nance regulations allows some candidates and parties access to vast resources. C. FUNCTIONING OF GOVERNMENT: 4 / 12 (−1) B2. Is there a realistic opportunity for the opposition to increase its C1. Do the freely elected head of government and national legislative support or gain power through elections? 3 / 4 representatives determine the policies of the government? 2 / 4 Elections at the national and local levels are competitive, and new parties The elected government and legislature determine government policies, but routinely gain signicant quotas of power. Guatemalan politics are unstable they are frequently subject to inuence by outside interests. The president’s and power rotates between parties frequently, which can discourage a party, the FCN, was established by former military ofcials, and Morales’s traditional opposition from coalescing. Political candidates risk attack during association with them has raised questions about military inuence in his campaign periods. administration. The media outlet Nómada revealed in 2017 that the B3. Are the people’s political choices free from domination by the president and the military’s high-ranking ofcers were receiving a monthly military, foreign powers, religious hierarchies, economic oligarchies, or any bonus from the Ministry of Defense. Former defense minister Williams other powerful group that is not democratically accountable? 2 / 4 Mansilla resigned over the controversy, and he was arrested in January 2018 on corruption charges in connection with Morales’s bonus. Mansilla awaited Verbal harassment and physical violence against voters is common during trial at year’s end. elections, and can deter political participation. Weak campaign nance regulations permit lopsided nancing of candidates, as well as nancing of Recent investigations of electoral and party nance corruption have shed candidates by special interests and organized criminal groups, distorting the light on the inuence of nonelected and illicit groups over the government. political choices of citizens. In April 2018, the attorney general and CICIG C2. Are safeguards against ofcial corruption strong and effective? 1 / 4 revealed that President Morales and his party may have received over $2 (−1) million in illegal campaign contributions from Guatemalan businesses. Direct vote buying is also common. Corruption, which is often related to organized crime, remains a serious problem. The CICIG and the attorney general have pressed forward with B4. Do various segments of the population (including ethnic, religious, investigations of high-level ofcials in current and past administrations, but gender, LGBT, and other relevant groups) have full political rights and electoral opportunities? 2 / 4 authorities and lawmakers have repeatedly attempted to undermine their  Freedom in the World 2019  MENU D.F FreRedEoEmD in OtheM W OorlFd 2 E01X9PRESSION AND BELIEF: 11 / 16 (−1) MENU work. D1. Are there free and independent media? 2 / 4 After the CICIG and attorney general petitioned to lift Morales’s immunity, the president announced in August 2018 that he would not renew the While the constitution protects freedom of speech, journalists often face commission’s mandate, which is due to expire in September 2019. On the day threats and practice self-censorship when covering sensitive topics such as of his announcement, a convoy of military vehicles repeatedly drove around drug trafcking, corruption, organized crime, and human rights violations. the CICIG’s ofces, the US embassy, and other embassies that support the Threats come from public ofcials, illicit actors, the police, and individuals CICIG, a move viewed by observers as an act of intimidation. In September, aligned with companies operating on indigenous lands. Physical attacks Morales declared the CICIG’s head, Iván Velásquez, a threat to public against journalists occur each year. In February 2018, a newspaper journalist security and banned his reentry into the country. Two weeks later, the and radio station publicist were found murdered near Santo Domingo. It was Constitutional Court ordered the government to allow Velásquez’s return, not clear whether the murders were connected to the journalist’s reporting. but Morales deed the ruling and had not allowed him to reenter Guatemala Media workers have reiterated demands that the government implement a at year’s end. Also in December, the government revoked the diplomatic journalists’ protection program that was agreed to in 2012, but despite credentials of 11 foreign nationals working for CICIG, forcing them to leave Morales’ verbal commitment, no progress has been made. the country. In January, Congressman Julio Juárez Ramírez was arrested and charged Score Change: The score declined from 2 to 1 because the government made with plotting the murder of two journalists in 2015. One of the murdered consistent efforts during the year to undermine anticorruption work, including reporters had been investigating corruption in a municipality where Ramírez attempts to dismantle the UN-backed anticorruption body, the International was mayor. He awaited trial at year’s end. Commission against Impunity in Guatemala. Despite threats facing journalists, independent media outts including el C3. Does the government operate with openness and transparency? 1 / 4 Periódico, Nómada, and Plaza Pública continue to provide critical information.

Public information ofces frequently fail to publish data about public D2. Are individuals free to practice and express their religious faith or expenditures as required. The Law on Access to Information is poorly nonbelief in public and private? 4 / 4 enforced, and dedicated nongovernmental organizations (NGOs) continue to The constitution guarantees religious freedom, and individuals are free to le grievances over its nonapplication and, together with the Ofce of the practice and express their religious faith or nonbelief in practice. Human Rights Ombudsman (PDH), work to encourage the government to adhere to its provisions. D3. Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4 The government’s contracting and budgeting processes are opaque and racked with corruption. The CICIG has continued to investigate violations Although the government does not interfere with academic freedom, and to call for reforms to address these problems, though there is little scholars have received death threats for questioning past human rights political will to implement its recommendations. abuses or continuing injustices. CIVIL LIBERTIES: 31 / 60 (−2) D4. Are individuals free to express their personal views on political or 4  Freedom in the World 2019  MENU  Freedom in the World 2019  MENU other sensitive topics without fear of surveillance or retribution? 2 / 4 (−1) The constitution guarantees freedom of association, and a variety of NGOs Many Guatemalans take precautions when speaking about social and operate. However, groups associated with human rights, indigenous rights, political issues outside of their homes due to a high level of insecurity in the and environmental rights face violence and intimidation. According to the country. Ireland-based rights group Front Line Defenders, 26 human rights defenders were killed in Guatemala in 2018; many of those killed advocated for A report published by the newspaper Nuestro Diario in August 2018 indigenous rights. In September 2018, the Unit for the Protection of Human uncovered widespread monitoring and illegal surveillance of diplomats, Rights Defenders in Guatemala (UDEFEGUA), an NGO, reported politicians, journalists, civil society activists, and other critics of the intimidation and surveillance of several human rights leaders following the government by authorities between 2012 and 2015. Journalists and human government’s August announcement that it would not renew the CICIG’s rights defenders also reported being surveilled throughout 2018. The mandate. stepped-up surveillance, along with increased intimidation and harassment of perceived opponents of the government, has encouraged greater self- E3. Is there freedom for trade unions and similar professional or labor censorship among ordinary citizens. organizations? 2 / 4

The score declined from 3 to 2 because reports of widespread surveillance of Guatemala is home to a vigorous labor movement, but workers are politicians, journalists, civil society activists, and other government critics, along frequently denied the right to organize and face mass rings and blacklisting. with increased intimidation and harassment of perceived opponents of the Trade-union members are also subject to intimidation, violence, and murder, government, has encouraged greater self-censorship among ordinary citizens. particularly in rural areas.

E. ASSOCIATIONAL AND ORGANIZATIONAL RIGHTS: 6 / 12 F. RULE OF LAW: 6 / 16 (−1)

E1. Is there freedom of assembly? 2 / 4 F1. Is there an independent judiciary? 2 / 4

The constitution guarantees freedom of assembly, but this right is not always The judiciary is hobbled by corruption, inefciency, capacity shortages, and protected. Police frequently threaten force, and at times use violence against the intimidation of judges, prosecutors, and witnesses, both by outside protesters. Protests related to environmental or indigenous rights issues actors and inuential gures within the judiciary. However, the were met with harsh resistance from the police and other armed groups Constitutional Court demonstrated independence in several notable rulings during the year. in 2018, including those that blocked legal maneuvers by the government aimed at dismantling the CICIG and undermining its investigations. In September 2018, Guatemalans took to the streets in a march to condemn Nonetheless, the president’s refusal to comply with the court’s ruling that corruption and demand the continuation of the CICIG. The government ordered the CICIG head’s reentry to Guatemala raised serious concerns deployed thousands of military and police personnel to prevent the marchers about attacks on the judiciary’s independence. Additionally, in December from approaching Congress. 2018, the solicitor general accused three Constitutional Court judges who had ruled in favor of the CICIG of malfeasance and violating the constitution, E2. Is there freedom for nongovernmental organizations, particularly and petitioned the Supreme Court to allow a vote in Congress to lift the those that are engaged in human rights– and governance-related work? 2 / judges’ immunity, which would clear the way for their potential High levels of violence, kidnappings, and extortions at the hands of the  Freedom in the World 2019  MENU  Freedom in the World 2019  MENU impeachment. police, drug trafckers, and street gangs continue, with related fears and risks routinely affecting the lives of ordinary people. The link between the F2. Does due process prevail in civil and criminal matters? 1 / 4 (−1) state, politicians, the military, and illicit actors complicates a cohesive response to the country’s security challenges. Despite these challenges, the Due process rights are guaranteed in the constitution, but those rights are homicide rate dropped for the ninth straight year in 2018. At the end of the inconsistently upheld, due in part to corruption in the judiciary and an year, police reported 3,881 homicides, compared to 4,409 homicides in ineffective police force in which many police ofcers routinely violate the 2017, and 4,550 in 2016. law, and the rights of citizens. Access to justice remains a problem, especially for the indigenous community. In 2017, CICIG Commissioner Velásquez Prison facilities are grossly overcrowded and rife with gang and drug-related claimed that 97 percent of crimes committed in Guatemala go unpunished, violence and corruption. Prison riots are common, and are frequently deadly. and placed the blame for such impunity on criminal networks that had inltrated state institutions. Some perpetrators of past human rights abuses were held accountable in 2018, including three former military ofcers who were sentenced to 58 In 2018, the new minister of the interior implemented several measures that years in prison in May for a rape and forced disappearance dating to 1981. weakened the independence and professionalism of the police force, Former military dictator Efraín Ríos Montt, who was convicted of genocide in including the removal of senior ofcials and detectives without due process 2013 before the Constitutional Court overturned his verdict and rolled back or justication, such as the head of the police and his top advisers, as well as his trial, died in April with his case still pending. In September, a national 11 investigators who were working with the CICIG. Promotions in the police court ruled that the Guatemalan army committed genocide during Montt’s force were also granted to personnel who, according to some experts, did not rule in 1982 and 1983, but found José Mauricio Rodríguez Sánchez, Montt’s meet the required qualications. director of military intelligence, not guilty of crimes against humanity.

Disciplinary action was taken against a number of independent judges during F4. Do laws, policies, and practices guarantee equal treatment of various the year, in apparent retaliation for their rulings on sensitive cases related to segments of the population? 1 / 4 corruption and human rights abuses. According to the Human Rights Unit of the Public Prosecutor’s Ofce, 62 reports of harassment and threats against Equal rights are guaranteed in the constitution, but minorities continue to judges and prosecutors were led between January and July 2018. face unequal treatment. Indigenous communities suffer from high rates of poverty, illiteracy, and infant mortality. Indigenous women are particularly Score Change: The score declined from 2 to 1 because the interior minister took marginalized. Discrimination against the Mayan community is a major measures to undermine the independence and professionalization of the police concern. force, including the removal of police leadership and senior ofcers without justication, and due to pressure on prosecutors and judges in corruption and LGBT people are not covered under antidiscrimination laws. They face human rights cases. discrimination, violence, and police abuse. The PDH has stated that people suffering from HIV/AIDS also face discrimination. F3. Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2 / 4 The constitution prohibits discrimination based on gender, but women continue to face gender-based inequality, and sexual harassment in the workplace is not penalized. The indigenous community’s access to economic opportunities and  Freedom in the World 2019  MENU  Freedom in the World 2019  MENU socioeconomic mobility remain limited, with more than 70 percent of the G. PERSONAL AUTONOMY AND INDIVIDUAL RIGHTS: 8 / 16 indigenous population living in poverty. Guatemala has one of the highest rates of child labor in the Americas, with over 800,000 children working in G1. Do individuals enjoy freedom of movement, including the ability to the country. Criminal gangs often force children and young men to join their change their place of residence, employment, or education? 3 / 4 organizations or perform work for them. While there are no explicit restrictions on free movement, violence and the threat of violence by gangs and organized criminal groups inhibits this right in practice, and has prompted the displacement of thousands of people.

G2. Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 2 / 4 Our Work

Protections for property rights and economic freedom rarely extend beyond Reports Guatemalans with wealth and political connections. Access to land is Regions especially limited for the indigenous community and for women in particular. Business activity is hampered by criminal activity including extortion and News fraud. An inefcient state bureaucracy, rife with unclear and complicated Events regulations, also contributes to difculties in establishing and operating a business. About Us

G3. Do individuals enjoy personal social freedoms, including choice of Donate Now marriage partner and size of family, protection from domestic violence, and control over appearance? 2 / 4 Freedom in the World 2019

Physical and sexual violence against women and children remains high, with Report perpetrators rarely prosecuted. The National Institute of Forensic Sciences (INACIF) reported 671 femicides between January and the end of November Map 2018. The law permits abortion only when a pregnancy threatens the life of Countries the woman. In 2017, a decree banned marriages for children under the age of 18, though some observers expressed skepticism that it would be enforced. Methodology Acknowledgements G4. Do individuals enjoy equality of opportunity and freedom from economic exploitation? 1 / 4 @FreedomHouse #FreedomInTheWorld