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Guatemala

Executive Summary

Guatemala is a multiparty constitutional republic. The country last held national and local elections in 2019. Voters elected Alejandro Eduardo Giammattei Falla of the We’re Going for a Different Guatemala political party as president for a four-year term beginning January 2020. International observers considered the presidential election as generally free and fair.

The National Civil Police, which is overseen by the Ministry of Government and headed by a director general appointed by the minister, is responsible for law enforcement in the country. The Ministry of National Defense oversees the military, which focuses primarily on operations in defense of the country, but the government also used the army to support the National Civil Police in internal security operations, as permitted by the constitution. Civilian authorities at times did not maintain effective control over the security forces. There were credible reports that members of security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings; harsh and life-threatening prison conditions; arbitrary arrest and detention; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including violence, threats of violence, and unjustified arrests or prosecutions against journalists; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; serious government corruption; lack of investigation of and accountability for gender-based violence; crimes involving violence or threats of violence targeting persons with disabilities and members of indigenous groups; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and use of forced labor, including child labor.

Impunity continued to be widespread. Corruption, concerted efforts by organized criminal actors, and undermining of anticorruption institutions and the judiciary by corrupt political actors made meaningful investigation and prosecution of crimes, including corruption, involving public officials difficult.

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

Children

Birth Registration: Children derive citizenship by birth within the country or from their parents. UNICEF described low birth registration as a “serious problem,” and UNHCR reported problems in registering births were especially acute in indigenous communities due to inadequate government registration and documentation systems. Lack of registration restricted children’s access to some public services and created conditions that could lead to statelessness.

Education: While primary education is free and compulsory through age 15, access was limited in many rural areas; education through the secondary level is not obligatory. International observers noted boys were prioritized for high school education in rural communities due to the need to travel long distances and girls’ perceived value in the home. UNICEF noted improvements in school feeding programs that increased access to nutrition for underserved communities and celebrated the government’s October reforms to the school nutrition program that increased expenditures on elementary and pre-elementary school feeding programs by 50 percent per student.

Child Abuse: Child abuse remained a serious problem. A unit under the Office of the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. The Public Ministry opened an integrated 24-hour care model providing medical, psychosocial, and legal support to children and adolescent victims of violence. The ministry reported 2,250 reports of abuse of minors of all types, approximately 1,700 fewer than in 2020. The ministry reported 48 convictions for child abuse from January through August, compared with 14 during the same period in 2020.

Child, Early, and Forced Marriage: The legal age for marriage is 18. The National Registry of Persons reported no attempts to register new underage marriages. Registry officials, however, reported they registered nine underage marriages unreported from previous years, all of which were entered before the 2017 prohibition of underage marriage took effect.

Sexual Exploitation of Children: The law provides sentences ranging from 13 to 24 years in prison, depending on the victim’s age, for engaging in sex with a minor. The minimum age of consensual sex is 18.

The law prohibits child pornography and establishes penalties of six to 10 years in prison for producing, promoting, and selling child pornography and two to four years’ imprisonment for possessing it. The Public Ministry and the PNC conducted several raids against alleged online child pornography networks. The Regional Unit against Trafficking in Persons, responsible for eight departments in the Western Highlands and launched in 2018, expanded the government’s investigative capacity against child pornography offenders. The commercial sexual exploitation of children, including child sex tourism, remained a problem, including in privately run orphanages. The COVID-19 pandemic forced most schools to operate virtually. According to SVET this led to more children spending unsupervised time online, which led to increased online exploitation of children. In July the PNC, acting on information from Interpol, rescued eight children from a child pornography trafficking ring in Zacapa.

Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of theft, extortion, commercial sexual exploitation, transporting contraband, and conducting illegal drug activities.

Institutionalized Children: More than 800 children and adolescents lived in shelters operated by the Secretariat for Social Welfare (SBS).

Overcrowding was common in both private and SBS shelters, and government funding for orphanages remained limited. The SBS reported there were no infrastructure improvements during the year, but that Hogar Esperanza, a state-run shelter, adjusted staffing to maintain specialized personnel. International human rights organizations reported Hogar Esperanza was housing children in spaces that resembled cages and that there was a clear need for reform to care adequately for children with disabilities. Observers also stated private shelters were often better than SBS shelters.

A criminal court set the date for public arguments in the Hogar Seguro fire case for March 2022. Hogar Seguro is a state-run orphanage under the authority of the SBS. Former SBS secretary Carlos Rodas and former deputy secretary for protection and shelter services Anahi Keller remained in pretrial detention with four others on charges of murder, abuse of authority, breach of duty, and abuse against minors following the deaths of 41 girls in the 2017 fire at the Hogar Seguro orphanage.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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