CHAPTER V FOLLOW-UP ON RECOMMENDATIONS ISSUED BY THE IACHR IN ITS COUNTRY REPORTS OR THEMATIC REPORTS SECOND REPORT ON FOLLOW-UP ON RECOMMENDATIONS ISSUED BY THE IACHR ON THE SITUATION OF HUMAN RIGHTS IN GUATEMALA I. INTRODUCTION 1. The present chapter is aimed at monitoring the recommendations made in the report “Situation of Human Rights in Guatemala,” approved by the Inter-American Commission on Human Rights (“the Commission” or “the IACHR”), on December 31, 2017 (hereinafter “Country Report”),1 in compliance with subparagraph 9 of Article 59 of its Rules of Procedure. Pursuant to this provision, on the basis of Chapter V of its Annual Report, the Commission shall follow up on the measures adopted to comply with the recommendations it made in the Country Report. 2. At the invitation of the Republic of Guatemala (“Guatemala” or “State”), the IACHR made an on-site visit to the country between July 31 and August 4, 2017. The IACHR drafted the Report on the Situation of Human Rights in Guatemala (Country Report), which was approved by the IACHR on December 31, 2017, with a series of recommendations to the state, on the basis of the findings and information obtained, before, during, and subsequent to the on-site visit. In the Country Report, the Commission pointed out that the information consistently received during the visit indicated that, essentially, more than 20 years after the Peace Accords were signed, many of the reasons leading to the internal armed conflict have persisted: an economy based on the concentration of economic power in the hands of the few; a weak state structure, with few resources because of limited tax collection and high levels of corruption. Structural problems persist, such as racial discrimination, social inequality, widespread severe poverty and exclusion, chronic child malnutrition, low levels of education, and the lack of access to justice, which constitute an obstacle to full respect for human rights in Guatemala. There are also parallel power structures hampering the fight against impunity and corruption, and preventing the strengthening of the rule of law. 3. In the conclusions of its Country Report, the IACHR believes it is indispensable for the state to redouble its commitment to continuing the efforts undertaken to combat impunity, violence, intolerance, and corruption, on the basis of the policies and programs of prevention and respect for human rights, as well as justice that is strengthened, independent, and impartial. In particular, it underscores the importance of guaranteeing conditions so that the International Commission against Impunity in Guatemala (Comisión Internacional contra la Impunidad en Guatemala―CICIG), along with the Office of the Public Prosecutor (Ministerio Público) can carry out its work efficiently, as well as approving constitutional reform of justice in line with the highest human rights standards. It also urged the state to move ahead with its efforts to adopt laws, policies, and programs aimed at bridging the persistent inequality and exclusion gap. Finally, the Commission stated its willingness and readiness to contribute and collaborate with the state of Guatemala to implement a human rights agenda aimed at guaranteeing and protecting the rights of its inhabitants. 4. In 2018, the IACHR submitted its first follow-up report on the Country Report. This year, by means of communications on September 19 and 20, the IACHR requested the state and its Human Rights Ombudsperson (Procurador de Derechos Humanos―PDH) to submit information on compliance with the recommendations contained in the Country Report, granting it a 30-day delay. On October 4, 2019, the Commission requested civil society organizations to provide information about compliance with the report. 1 IACHR, Situación de derechos humanos en Guatemala [Situation of Human Rights in Guatemala], OEA/Ser.L/V/II. Doc. 208/17, December 31, 2017. The State responded by means of a note on October 10, 2019,2 and November 53 and 6, 2019;4 and the PDH replied on October 17, 2019.5 Various civil society organizations responded to the IACHR’s request for information.6 On December 26, 2019, the IACHR transmitted to the state a copy of the preliminary draft of this document, which is part of Chapter V in its 2019 Annual Report, in accordance with its Rules of Procedure, and requested that it forward its observations within a month. The State submitted its response on January 13, 2020 requesting to include the note that was sent on November 6, 2019 and received on January 21, 2020.7 That note was incorporated, as pertinent, in this final versión approved by the Commission on February 6, 2020. The Commission appreciates and thanks the state for the information it has received, whose relevant parts were included in the present report. The IACHR also thanks civil society organizations and the PDH for the information they provided. 5. The present review is divided into five sections focusing on the measures adopted by the state in 2019 in order to comply with the recommendations made by the Commission and pending challenges. The structure used in the IACHR report, subject of the monitoring concerning the recommendations, is followed. Each section refers to recommendations made by the IACHR in the respective chapters, where the principal aspects of the progress and challenges identified are examined, and conclusions about their compliance are presented. 6. This review is conducted in light of the information submitted by the state and civil society organizations, as well as information that the Commission has gathered when monitoring the general human rights situation in the country. To this end, the Commission has used the information received from the state, public hearings,8 investigations conducted ex officio, inputs from the individual petitions and cases mechanism, precautionary measures, and requests for information under the authority set forth in Article 41 of the American Convention on Human Rights (American Convention),9 as well as information available from other public sources and the decisions and recommendations made by specialized international institutions, among others. 7. The IACHR reiterates the importance for Guatemala to fully comply with the recommendations made in the report. It also reiterates its readiness to collaborate with the state in the framework of its mandate and duties, to ensure the effective enjoyment of human rights of all persons. 2 Owing to a technical matter, the IACHR did not receive the response until November 6, 2019. Republic of Guatemala, Report from the State of Guatemala on progress in human rights to prepare the IACHR Annual Report for 2019, October 10, 2019. 3 Republic of Guatemala, Supplementary report from the State of Guatemala on progress in human rights to prepare the IACHR Annual Report for 2019, received on November 6, 2019. 4 Republic of Guatemala, Report from the State of Guatemala on compliance with the recommendations contained in the IACHR’s “Report on the Situation of Human Rights in Guatemala, 2017,” of November 6, 2019. 5 PDH, Follow-up on compliance with the recommendations issued by the report on the situation of human rights in Guatemala 2017, received on October 17, 2019. 6 Impunity Watch, Law Firm for Human Rights (Asociación Bufete Jurídico de Derechos Humanos―BDH), Center for Forensic Analysis and Applied Sciences(Centro de Análisis Forense y Ciencias Aplicadas―CAFCA), Center for Justice and International Law (CEJIL), Amnesty International, and Unit for Human Rights Defenders of Guatemala (Unidad de Defensoras y Defensores de Derechos Humanos―UDEFEGUA). 7 Republic of Guatemala, MFA, Note of January 13, 2020. 8 IACHR, Hearings on: human rights of older peasant adults in Guatemala and reports of threats to judicial independence in Guatemala, May 10, 2019, and obstacles, setbacks, and challenges to progress in human rights in Guatemala, September 23, 2019. 9 IACHR, Requests to the state for information on the initiative for Law No. 5272 relative to “the protection of life and the family” of January 30, 2019; on adoption of the initiative for Law 5257 of April 5, 2019; and on conservation of the Historical Archive of the National Police (Archivo Histórico de la Policía Nacional―AHPN) of June 12 and August 6, 2019. 616 II. FOLLOW-UP ON RECOMMENDATIONS A. General recommendations • Create, together with the IACHR, a Follow-Up Mechanism to the Recommendations of the instant report. • Make sure that the CICIG, under the direction of its Commissioner, Iván Velásquez, is able to fulfill its mandate with the proper protections, without harassment, threats or undue interference, in accordance with the Agreement creating it. • Endow the Presidential Commission for the Coordination of Executive Policy on Human Rights (Comisión Presidencial Coordinadora de la Política del Ejecutivo en materia de Derechos Humanos―COPREDEH) and the Office of the Human Rights Ombudsperson with sufficient human and budgetary resources to be able to fully comply with their mandates. • Ratify the Inter-American Convention against All Forms of Discrimination and Intolerance, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, the Inter-American Convention on Protecting the Rights of Older Persons, and the Additional Protocol to the American Convention on Human Rights to Abolish the Death Penalty. • Continue with efforts to eradicate extreme poverty and hunger, especially, to adopt emergency measures to eliminate the serious issue of child