Freedom of expression and association
Politically motivated persecution continued against human rights defenders, prosecutors, judges, journalists and political opponents who had fought against impunity and corruption, and their respective lawyers. Unfounded criminal proceedings caused multiple due-process violations, often with a gender bias affecting criminalized women.1
In January, prisoner of conscience and former prosecutor Virginia Laparra was finally released after almost two years in arbitrary detention. In July, a court declared her guilty in a second unfounded criminal proceeding, which forced her to go into exile. In March, the UN Working Group on Arbitrary Detention stated that journalist Jose Rubén Zamora’s detention was arbitrary and recommended his release. In October, after more than 800 days in pretrial detention, he was released from prison and put under house arrest. Cases against leaders of the suspended political party Semilla Movement continued to proceed. At the end of the year, former prosecutor Stuardo Campo remained in pretrial detention.
Right to a fair trial
The Public Prosecutor’s office and a significant part of the judiciary often led unfounded criminal prosecutions. During a visit to Guatemala in July, the Inter-American Commission on Human Rights pointed out that unfounded criminalization was evidence of a lack of judicial independence.
In October, Congress appointed more than 300 new magistrates for the appellate chambers and supreme court of justice, several of whom were alleged to be involved in corruption and the criminalization of critical voices, according to the media. International experts pointed out that the process did not meet international standards for the appointment of these positions and had been subject to the interests of powerful stakeholders.
Human rights defenders
Local organization Unit for Attacks on Human Rights Defenders in Guatemala registered at least 2,763 attacks on human rights defenders between January and October.
The body responsible for the analysis of risks to human rights defenders, convened by the Ministry of Interior, was reactivated. At the end of the year, the public policy for the protection of human rights defenders was still pending approval, and the state had not ratified the Escazú Agreement.
Indigenous Peoples’ rights
For the first time in many years, the government established a direct dialogue with several Indigenous authorities and committed to promoting a comprehensive development agenda that took their needs into account. In many parts of the country, however, Indigenous leaders faced criminalization for defending the territory and rights of Indigenous Peoples. Dozens of peasant (campesino) and Indigenous communities were at risk of forced evictions in the context of conflicts around land tenure.
Impunity
Delays and irregularities hindered the search for justice for crimes against humanity and war crimes perpetrated during the internal armed conflict from 1960 to 1996, including the Military Diary case. A court overturned the CREOMPAZ (former military detention centre) case and freed the accused retired military officers. In November, in the middle of the genocide trial against former general Benedicto Lucas, the attorney general unjustifiably dismissed prosecutors from the Human Rights Prosecutor’s Office who had been assigned to the case. Days later, a higher court cancelled the trial.
Gender-based violence
The government acknowledged state responsibility for the feminicides of María Isabel Véliz Franco and Claudina Velásquez in the early 2000s, as ruled by the Inter-American Court of Human Rights in 2014 and 2015. The government also committed to compensate for the deaths of 41 girls who were locked-in during a fire at a state-run shelter, Hogar Seguro Virgen de la Asunción, in 2017. Criminal proceedings against possible perpetrators had not concluded.
The Comprehensive Sex Education Bill was still pending approval at the end of the year.
The NGO LAMBDA Association registered at least 35 killings of LGBTI people from January to November. Same-sex marriage remained prohibited.
Economic, social and cultural rights
According to official data, levels of severe child malnutrition remained high. The government initiated dozens of complaints against the previous administration alleging misuse of public funds allocated to public services, including health and education. It announced measures to regulate the purchase of medical resources and prevent shortages that have undermined access to quality healthcare.
Right to a healthy environment
In March, the government published a national action plan on gender and climate change. In September, the government created the “water cabinet” to coordinate management of water resources, amid concerns over access to clean water.
