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Guatemala

Section 1. Respect for the Integrity of the Person

b. Disappearance

There were no reports of new disappearances by or on behalf of government authorities. The Public Ministry continued to investigate and prosecute cases of forced disappearances from the 1960-1996 internal armed conflict period, although at times Attorney General Maria Consuelo Porras stalled cases of genocide and disappearances from that period. There was a high-level nationwide debate spawned by congress’ consideration of a bill that would grant amnesty for all atrocities committed during the civil war.

On May 27, a High-Risk Court judge issued 17 arrest warrants for individuals materially involved with, or who directly enforced, disappearances, torture, rape, and extrajudicial executions in 1983 and 1985, as documented in a leaked military file referred to as Diario Militar. The PNC initially detained 11 of the 17 individuals and detained a 12th when he voluntarily attended a related judicial proceeding. Five more individuals remained at large and were being sought by victims’ families. Initial judicial hearings to proceed to trial began in September after months of stalling by the defendants’ lawyers and attempts to dismiss the judge.

The CREOMPAZ case, named after the Regional Center for UN Peacekeeping Training Institute where a mass burial site for disappeared persons was found, continued for former military officers indicted in 2017 on charges of forced disappearance and crimes against humanity during the 1960-1996 armed conflict. The delay in resolving several appeals and recusal motions filed in 2016 prevented the opening of a full trial. Byron Barrientos and Carlos Garavito remained in custody. Former congressman Edgar Justino Ovalle Maldonado, also charged in the case, remained in hiding after the Supreme Court lifted his immunity from prosecution in 2017.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, but there were cases of prison officials’ negligence that allowed prisoners to experience violence and degrading conditions. The Office of the UN High Commissioner for Human Rights (OHCHR) noted that documentation and reporting mechanisms for torture and other cruel, inhuman, or degrading treatment or punishment remained weak, thereby hindering a full understanding of the prevalence of the problem. The OHCHR also noted that many official complaints cited unsafe and cramped conditions at Federico Mora National Hospital for Mental Health during the COVID-19 pandemic. Most of these complaints remained unresolved.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in February 2020 of sexual exploitation and abuse by a Guatemalan peacekeeper deployed to the UN Organization Stabilization Mission in the Democratic Republic of the Congo. The allegation involved rape of a child. Both the government and the United Nations launched investigations into the allegation, but as of November both inquiries remained pending.

Impunity within the PNC was not a widespread or systemic issue. Impunity from prosecution for serious crimes within the PNC declined, with several high-profile convictions of PNC officers sentenced to imprisonment. Lesser crimes of negligence and bribery by officers continued, however, with few convictions. As of October more than 90 police officers were removed from the force based on bribery allegations. Most of the cases were documented in social media with videos taken by civilians. These removals formed part of PNC institutional policy to combat corruption. These instances appeared scattered and not related to military orders. Negligence by officers largely resulted from a lack of sufficient training. The law requires officers to hold at least a high school degree, but they often had much less, and some individuals had as little as six months of police training before being sent out on the streets.

In some areas impunity remained a significant problem in the PNC and the military. Impunity was evident in the Port, Airports, and Border Points Division (DIPAFRONT) of PNC forces dedicated to investigating crimes involving national borders, such as drug trafficking, smuggling, contraband and evasion of paying taxes by moving money outside the country. International law enforcement organizations reported private-sector actors paid some DIPAFRONT officers to avoid investigations into their operations. Government records did not include internal investigations in the PNC of these bribes.

Impunity for high-level officials from disciplinary or criminal prosecution existed. In several instances when PNC or Public Ministry investigators opened a case against high-level officials, the investigators were subsequently removed.

The PNC utilizes three mechanisms to identify and investigate abuses: an anonymous tip line using a landline telephone number, a tip line to receive complaints using a messaging application, and in-person complaints. The PNC Internal Affairs Division conducts internal surveillance of PNC officers’ performance and follows a disciplinary process with an internal tribunal to decide cases. That division wiretaps criminal structures found to be working with corrupt PNC officers, but the unit was not authorized to investigate criminal structures within the PNC. The government’s main mechanism to rid the PNC of corruption is to remove PNC officers suspected of these abuses, often without investigation or tribunal. The PNC has a unit devoted to criminal investigation of human rights violations, funded by donor countries, but the unit lacked political and material support.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening, with multiple instances of inmates killing other inmates. Sexual assault, inadequate sanitation, poor medical care, and significant overcrowding placed prisoners at significant risk.

Physical Conditions: Prison overcrowding was a problem. As of August 31, according to prison authorities, there were 24,989 inmates held in facilities designed to hold 6,997 persons. To ease prison overcrowding, the Rehabilitation Subdirectorate of the penitentiary system processed 3,680 early release requests from April to October, more than double the previous year’s figure. Better coordination between sentencing judges and defense attorneys led to 1,398 inmates being granted early release by the courts during the same period.

As of December 10, there were 596 juvenile inmates in four traditional detention centers and the halfway house, which were designed for 557 inmates. Another 1,242 juvenile inmates were held in three new alternative measures facilities. Despite a reduction in overcrowding, there were 231 inmates in the Centro Juvenil de Privacion de Libertad para Varones juvenile detention facility, designed for 155 individuals. The courts had not sentenced approximately 18 percent of juvenile inmates held in detention.

Prison officials acknowledged safety and control problems, including escape attempts, gang fights, inability to control the flow of contraband goods into prisons, inmate possession of firearms and grenades, and the fabrication of weapons. Prisoners conducted criminal activity both inside and outside of prisons. Media reported that transnational criminal gangs and drug trafficking groups controlled major prisons. According to prison authorities, from January through August 31, at least 17 inmates died of unnatural causes while in prison. On August 11, after prison officials transferred Barrio 18 gang leaders from the overcrowded El Infiernito Prison to other facilities, in part to curtail their extorsion practices and other criminal activity, gang members took 18 guards hostage, including the prison director. The hostages were released after officials returned the Barrio 18 leaders to El Infiernito. The adult penitentiary system added a K-9 unit to search for narcotics and cell phones in its new correctional model as a measure to reduce criminal activity.

Physical conditions, including sanitation facilities, medical care, ventilation, temperature control, and lighting, were inadequate. Prisoners had difficulty obtaining potable water, complained of inadequate food, and often had to pay for additional sustenance. Illegal drug sales and use were widespread.

Media and NGOs reported female inmates faced physical and sexual abuse. Female inmates reported unnecessary body searches and verbal abuse by prison guards. Children younger than age four could live in prison with their mothers, but the penitentiary system provided inadequate food for young children, and many suffered from illness. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights groups stated that other prisoners often sexually assaulted LGBTQI+ individuals, and there were insufficient facilities to protect LGBTQI+ individuals in custody. NGOs claimed admittance procedures for LGBTQI+ prisoners were not implemented, noting particular concern regarding procedures for transgender individuals.

Administration: 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 or to document the results of such investigations.

Independent Monitoring: The government permitted visits by local and international human rights groups, the Organization of American States, public defenders, and religious groups. The Office of the Human Rights Ombudsman (PDH) and the National Office for the Prevention of Torture, both independent government bodies responsible for ensuring that the rights and well-being of prisoners are respected, also periodically visited prison facilities.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but officials frequently engaged in corrupt practices with impunity. Despite numerous allegations of corruption among the legislative and executive branches of the government, few high-profile cases were prosecuted during the year, and anticorruption efforts within the judiciary stalled. Prominent anticorruption prosecutors were fired or removed from significant cases, and corrupt actors threatened independent judges by filing complaints based on spurious charges to strip them of immunity to prosecution.

On July 23, Attorney General Porras abruptly fired the head of the Office of the Special Prosecutor Against Impunity, Juan Francisco Sandoval. On the evening of July 23, Sandoval fled the country after he held a press conference at the Office of the Human Rights Ombudsman, in which he implicated several sitting and former government officials in corruption cases. Over the following weeks, protesters demonstrated in support of Sandoval and called for the attorney general’s removal. On September 2, a criminal court issued an arrest warrant for Sandoval for the crimes of obstruction of justice and failure in performance of official duties. On November 30, the Public Ministry announced a new set of charges against Sandoval including abuse of authority, fraud, and conspiracy related to deals Sandoval allegedly made with cooperating witnesses in corruption cases. As of December 16, Sandoval remained out of the country.

Threats against independent judges also posed a threat to anticorruption efforts. Judges who presided over high-profile criminal cases faced continued efforts to strip them of their immunity, which would expose them to potential prosecution and retaliation for their judicial rulings.

The Presidential Commission Against Corruption serves the administrative function of introducing reforms that promote transparency, but it lacked both the resources and the mandate to actively investigate corruption cases. During the year civil society representatives criticized the commission for a perceived lack of independence.

Corruption: As of November former communications minister Jose Luis Benito remained a fugitive, and authorities requested an Interpol Red Notice for his arrest. In October 2020 the Special Prosecutor’s Office Against Impunity seized approximately 122 million quetzals ($15.9 million) in cash found in 22 suitcases inside Benito’s home in the city of Antigua, and the Public Ministry subsequently issued an arrest warrant for Benito on charges of money laundering.

On May 12, the special prosecutor against impunity presented formal charges against former member of congress Alejandro Sinibaldi in the Transurbano case. Sinibaldi had originally been expected to cooperate as a witness in the prosecution of the case but was eventually formally charged with money laundering and other crimes. The Transurbano case involving former president Alvaro Colom, 10 of his ministers, and former chief of staff Gustavo Alejos Cambara, involved a 2008 agreement signed by the ministers that allowed the urban bus company to form anonymous corporations and begin siphoning funds from a prepaid fare program. Sinibaldi was previously implicated in the Odebrecht case, involving bribes allegedly paid to himself and former presidential candidate Manuel Baldizon; the Construction and Corruption case, in which Sinibaldi was accused of money laundering and paying bribes while communications minister from 2012 to 2014; and a case of alleged illegal campaign financing in 2011.

The case known as Cooptation of the State continued against former president Otto Perez Molina, former vice president Roxana Baldetti and her chief of staff Juan Carlos Monzon, and dozens of coconspirators for illegal campaign financing, money laundering, and illegal payments for public contracts, among other charges. Several injunctions filed by the multiple defendants continued to stall the case. On May 19, the government dropped some of the charges levied against Perez Molina, including one linked to money laundering. On the same day, in a move that was widely criticized by domestic and international civil society, the government arrested Juan Francisco Solorzano Foppa, a former investigator on the original case that brought Perez Molina’s case to trial, and Anibal Arguello, a lawyer who had worked for the UN-backed International Commission Against Impunity in Guatemala and who was a witness in the main case against Perez Molina. As of December both Foppa and Arguello remained under house arrest.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively. Rape and other sexual offenses remained serious problems.

The government took steps to combat femicide and violence against women. The judiciary continued to operate 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. The Public Ministry maintained a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. The ministry also maintained a national alert system for finding disappeared women. Sexual violence remained widespread despite these advances. The ministry reported that 6,307 women were victims of rape from January to August, compared with 3,684 women in all of 2020.

The law establishes penalties for femicide of 25 to 50 years in prison without the possibility of reducing the sentence; however, femicide remained a significant problem. The NGO Mutual Support Group reported that from January to August, 395 women were killed, compared with 302 in the same period in 2020. According to judicial system data, no one was convicted of femicide as of November, compared with 34 in the same period in 2020. Mutual Support Group pointed to the lack of convictions as partly due to a judicial backlog stemming from COVID-19 closures in 2020 and partly to the judicial branch’s lack of attention to these crimes.

Violence against women, including sexual and domestic violence, remained widespread and serious. The law establishes penalties of five to eight years in prison for physical, economic, and psychological violence committed against women due to their gender. The Public Ministry estimated that reports of domestic violence decreased by more than 75 percent compared with the previous year, noting 410 cases of “intrafamily violence” in the first six months, perhaps due to fewer stay-at-home orders issued compared with 2020. The Public Ministry recorded 44,229 instances of violence against women from January to August, compared with 39,399 in the same period of 2020. The ministry noted that the judicial system convicted 1,118 perpetrators of violence against women from January to August, compared with 424 in the same period of 2020.

The case against Francisco Cuxum Alvarado and seven codefendants remained in the evidence-gathering phase. In January 2020 PNC officers arrested Cuxum Alvarado immediately after his deportation from the United States. The Public Ministry indicted him on charges of crimes against humanity and aggravated sexual assault against 36 Maya Achi women in Rabinal between 1981 and 1985. The Public Ministry indicted seven other defendants, former members of the civil defense patrols, on the same charges in 2018.

Sexual Harassment: Although several laws refer to sexual harassment, no single law, including laws against sexual violence, addresses it directly. Human rights organizations reported sexual harassment was widespread.

Women with disabilities and members of the LGBTQI+ community with disabilities remained at greater risk of being victims of continued sexual violence. Most persons with disabilities, especially women, did not report situations of violence and abuse because the reporting processes are complex and discriminate against them, among other reasons.

Reproductive Rights: Forced sterilization was purportedly common in persons with disabilities but reporting on these abuses was rare. There were no official reports during the year of coerced abortion or involuntary sterilization on the part of government authorities.

Cultural, geographic, and linguistic barriers hampered access to reproductive health care including contraceptives, particularly for indigenous women in rural areas, where contraceptives were also least likely to be available locally. The prevalence of modern contraceptive use remained low among indigenous women compared with all other women, and a lack of culturally sensitive reproductive and maternal health-care service providers deterred some indigenous women from accessing reproductive health care services.

In July the government approved the Policy for the Protection of Life and the Institutionality of the Family, an executive policy that sets forth policy principles, including a definition of family as a nuclear family with one male and one female parent, and a definition of life as starting at conception.

The government provided survivors of sexual violence who sought medical attention some services through the Model for Integrated Attention for Women Victims of Violence (MAINA) and the Model of Integrated Attention for Children and Adolescents (MAIMI) systems, administered by the Ministry of Public Health. The MAINA and MAIMI models provided victims with access to emergency contraceptives and antiviral medicines to prevent sexually transmitted diseases and unwanted pregnancy resulting from rape in addition to some justice services. Some hospitals classified sexual assault as a medical emergency; however, many survivors did not seek medical care due to cultural and geographic barriers. Authorities within the justice system commented that on occasion some hospital clinics did not have the required pills in stock to protect rape victims against sexually transmitted diseases or pregnancy.

According to a report by the Ministry of Health published in 2020, the maternal mortality rate among indigenous communities was 156 per 100,000 live births, compared with the national average of 108 per 100,000 live births.

One-half of all the maternal deaths occurred in four departments in the northwest of the country (Huehuetenango, San Marcos, Quiche, and Alta Verapaz), most of them in rural and dispersed areas with high rates of malnutrition, poverty, and concentrated populations of indigenous persons.

Most maternal deaths were due to preventable causes – hemorrhages (47 percent), hypertension (23 percent), infections (14 percent), and unsafe abortion (8 percent). Factors such as the lack of medical services available in indigenous languages and lack of providers and equipment in remote areas also played a role in these deaths. During the COVID-19 pandemic in 2020, prenatal care decreased by 16 percent.

The NGO The Reproductive and Sexual Health Observatory reported that from January to October, there were 60,464 births to mothers who were adolescents: 58,820 births to mothers between ages 15 and 19 and 1,644 to mothers between ages 10 and 14.

Access to menstrual products and the lack of separate boys’ and girls’ bathrooms in some rural schools continued to negatively affect adolescent girls’ access to education in rural areas of the country.

Discrimination: Although the constitution establishes the principle of gender equality, stating that all individuals are equal and have the same rights and that men and women enjoy the same opportunities and responsibilities, women, and particularly indigenous women, faced discrimination and were less likely to hold management positions. The law establishes equal pay for women and men in government offices by not allowing differences in pay based on “personal identity” but does not prohibit discrimination based on gender or prohibit sexual harassment in the workplace in the private sector. There are laws that restrict women from working in certain sectors, including in jobs deemed morally inappropriate. The law does not prohibit discrimination in access to credit based on gender.

The law provides for equality between men and women in divorce to both provide for care of the children and responsibility to provide financial and housing assistance to the children’s caretakers, who are often the women, both during and after the divorce. The PDH reported that divorce proceedings had improved in the last 20 years with regards to fairness between men and women. Observers, however, reported that men availed themselves of procedural delays involved with complications for women who must register children from previous relationships, thereby creating obstacles to child support for women in those cases.

Systemic Racial or Ethnic Violence and Discrimination

There are no laws, policies, or state programs that specifically contribute to the reduction of racism, according to international human rights organizations. The constitution provides for protections against discrimination, and the law provides for a penalty of one to three years’ imprisonment and a fine of up to 3,000 quetzals ($388) for acts of discrimination. Other legal and material efforts to combat discrimination include litigation instructions for discrimination crimes by the Public Ministry.

The government generally did not effectively enforce laws against discrimination. Of the 12 agreements that make up the Peace Accords signed in 1996, the two in which the government had made the least progress in implementing were those specifically dealing with matters related to indigenous persons: the Agreement on Identity and Rights of Indigenous Peoples and the Agreement on Socioeconomic Aspects and Agrarian Issues.

According to the OHCHR, there was a significant increase in attacks and incidents of defamation and intimidation against indigenous defenders of indigenous land, territory rights, and natural resources.

Indigenous spiritual leaders, such as Mayan spiritual guide Jesus Choc Yat in Quiche, were attacked or killed.

The executive branch lacked a coordinated approach to address poverty and unemployment concentrated mainly in indigenous and Afrodescendant communities, although there were some government programs directed at the needs of these populations. In January the Cabinet for Social Development officially introduced an executive policy to support the integration of midwives into the health-care system. The policy promotes the inclusion of midwives in health-care institutions, which international human rights organizations noted should help fight discrimination against indigenous persons’ cultural practices.

Indigenous Peoples

The government’s National Institute of Statistics estimated indigenous persons from 24 ethnic groups made up 44 percent of the population. The law provides for equal rights for indigenous persons and obliges the government to recognize, respect, and promote the lifestyles, customs, traditions, social organizations, and manner of dress of indigenous persons. The government does not, however, recognize particular indigenous groups as having a special legal status provided by national law. The government is party to the International Labor Organization convention 169 (ILO 169) on Indigenous Peoples’ Rights, which stipulates that the government must consult with indigenous groups prior to implementing large infrastructure projects in indigenous territories. Observers indicated the government did not always consult with all affected parties and indigenous leaders, and activists regularly reported being harassed and threatened for their work. On January 16, an unnamed assailant shot Xinka leader and activist Julio David Gonzalez Arango at his home. Gonzalez Arango, a public leader for the Xinka people in the case of the Pan American Silver Escobal mine, later recovered.

Indigenous lands were not effectively demarcated, making the legal recognition of titles to the land problematic. Indigenous representatives claimed actors in several regional development projects failed to consult meaningfully with local communities. In some cases indigenous communities were not able to participate in decisions affecting the exploitation of resources in their communities, including energy, minerals, timber, rivers, or other natural resources. They also lacked effective mechanisms for dialogue with the state to resolve conflicts.

The Russian conglomerate Solway, which bought the Fenix nickel mine in Izabal Department in 2014, continued to stand accused of violence against indigenous activists and illegal extraction of undeclared materials. On December 10, the government declared the successful conclusion of the ILO 169 consultations with those indigenous groups they designated as participants in the process. The community’s self-determined governance structure, the Ancestral Council of Q’eqchi Peoples, was excluded from the consultations, and critics claimed that the government purposely neglected to include the group. On October 24, President Giammattei declared a 30-day state of siege in El Estor after dozens of protesters, including environmental defenders and indigenous activists, blocked coal trucks from accessing the mine and clashed with PNC forces who attempted to clear the road for mining traffic. According to local observers present at the scene, a police force outnumbering protesters by a ratio of seven to one broke up the protest and allowed mining traffic to continue along the road.

Between May 21 and November 26, the Ministry of Energy and Mines held four court-ordered ILO-169 preconsultations with Xinka authorities to discuss the Pan American Silver mine (formerly San Rafael) at Escobal. Another three meetings are planned for early 2022 to finish the preconsultation process. In 2018 the Constitutional Court ordered the Ministry of Energy and Mines to hold ILO Convention 169-compliant consultations with Xinka populations and upheld the suspension of the operating license of the San Rafael Mine until after conclusion of the consultations.

Discrimination against indigenous cultures and customs existed in the health-care system. Civil society organizations of indigenous midwives in rural areas reported that their services were not recognized by government health-care institutions under the Ministry of Public Health such as Centers of Integral Maternal Care. This lack of recognition of indigenous midwives and the vital role they play as authorities, leaders, and family members in rural indigenous communities created a cleavage between the government and indigenous 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. Government agencies dedicated to supporting indigenous rights lacked political support. These factors contributed to disproportionate poverty and malnutrition among most indigenous populations.

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