Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal and equal suffrage for those ages 18 and older. Members of the armed forces, police, and incarcerated individuals are not eligible to vote.
Elections and Political Participation
Recent Elections: In 2015 James Ernesto Morales Cabrera of the National Convergence Front party defeated National Unity of Hope candidate Sandra Torres in a second round of voting and was sworn in as president in January 2016. An Organization of American States international election observation mission characterized the elections as generally free and fair. The Attorney General’s Office continued to investigate allegations of illicit campaign financing in the 2015 elections and petitioned for immunity reviews against two parties’ secretaries general, including President Morales. An additional immunity review from 2017 against Morales for illicit campaign financing remained pending.
Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Traditional and cultural practices, in addition to discrimination and institutional bias, however, limited the political participation of women and members of indigenous groups.
While the indigenous population constituted 44 percent of the population, according to the latest 2002 government census, indigenous representation in national government was minimal. There was one indigenous female member on the Constitutional Court and one on the Supreme Court. In September the first and only female indigenous cabinet member, former labor minister Leticia Teleguario, resigned, citing personal reasons and not being able to continue supporting originally prioritized policies. There were approximately 20 indigenous members of Congress. Indigenous individuals comprised a larger share of elected local government officials, filling one-third (113 of 333) of the mayoral seats elected in 2015.
A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.
A number of NGOs, human rights workers, and trade unionists, however, reported threats, violence, and intimidation. The local human rights NGO Unit for the Protection of Human Rights Defenders (UDEFEGUA) reported 24 killings of human rights defenders from January through October. The NGO also reported 303 attacks against human rights defenders from January through September, compared with 493 attacks in all of 2017. According to human rights NGOs, many of the attacks related to land disputes and exploitation of natural resources. NGOs asserted the government did little to investigate the reports or prevent further incidents.
NGOs also reported the government, fringe groups, and private entities used threats of legal action as a form of intimidation. UDEFEGUA reported 158 cases of criminalization of human rights defenders from January through August.
Government Human Rights Bodies: The PDH monitors the human rights set forth in the constitution and reports to Congress. The government cooperated generally with the ombudsman. The office operated independently and issued public reports and recommendations, including an annual report to Congress on the fulfillment of its mandate. NGOs generally considered the PDH to be an effective institution with limitations in rural areas due to lack of resources.
The President’s Commission on Human Rights (COPREDEH) formulates and promotes human rights policy. COPREDEH also led coordination of police protection for human rights and labor activists. COPREDEH generally benefited from the administration’s cooperation and operated without political or party interference. Some NGOs claimed the COPREDEH was not an effective interlocutor on human rights issues.
The Congressional Committee on Human Rights drafts and provides guidance on legislation regarding human rights. The law requires all political parties represented in Congress to have a representative on the committee. Some NGOs did not consider the committee to be an effective forum for human rights promotion and protection.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
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 maintained 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. In March the Public Ministry established a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. On August 6, in compliance with a finding from the Inter-American Court on Human Rights, the Public Ministry launched the Isabel-Claudina Alert, a national alert system for finding disappeared women. According to the Public Ministry, 428 women were reported missing via the alert through November 26, with 294 women found and 134 alerts remaining active.
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. Unknown assailants murdered indigenous Maya women’s rights leader Juana Ramirez in Nebaj on September 21. The PDH reported Ramirez and her organization, the Ixil Women’s Network, had received multiple death threats for supporting female victims of violence.
Violence against women, including sexual and domestic violence, remained serious problems. The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women because of their gender. There were numerous examples of the PNC’s failure to respond to requests for assistance related to domestic violence. As of September 8, the PNC reported 48 open investigations against PNC officials for violence or discrimination against women or children.
Sexual Harassment: No single law, including laws against sexual violence, deals directly with sexual harassment, although several laws refer to it. Human rights organizations reported sexual harassment was widespread. On June 18, former minister of foreign affairs Edgar Gutierrez alleged that President Morales had abused at least one young women. Civil society expressed concern about the allegations, but no formal abuse charges were filed against President Morales. Gutierrez did not make public the evidence he claimed to have.
Discrimination: Although the law establishes the principle of gender equality and criminalizes discrimination, women faced discrimination and were less likely to hold management positions. Two women in high-level government positions claimed critics often used gender to undermine their credibility publicly or privately block their ability to do their jobs.
Birth Registration: Children derive citizenship by birth within the country’s territory 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 compulsory through age 14, access was limited in many rural areas; education through the secondary level is not obligatory.
Child Abuse: Child abuse remained a serious problem. A unit under the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. The Public Ministry reported 8,930 reports of minor abuse of all types, more than triple the number from the same period last year. The ministry reported 82 convictions for child abuse from January through August.
The NGO Mutual Support Group (GAM) reported 417 minors suffered violent deaths nationwide from January through June. While deaths of minors decreased overall, GAM reported an increase in the number of girls killed compared with the same period in the previous year. NGOs dealing with gangs and other youths reported young persons detained by police were subject to abusive treatment, including physical assaults.
Early and Forced Marriage: The legal age for marriage is 18. There were reports of early and forced marriages in some rural indigenous communities and in the Lev Tahor religious community. UNICEF reported 30 percent of women ages 20 to 24 years were first married or in union by age 18 (7 percent of them by age 15) between 2008 and 2014.
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. A new Regional Unit against Trafficking in Persons responsible for eight departments in the Western Highlands was launched in April, expanding the government’s investigative capacity against child pornography actors. The commercial sexual exploitation of children, including child sex tourism, remained a problem, including in privately run orphanages.
Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of stealing, extortion, transporting contraband, prostitution, and conducting illegal drug activities.
Institutionalized Children: As of September more than 500 children and adolescents lived in shelters run by the Secretariat for Social Welfare (SBS). The Secretariat against Sexual Violence, Exploitation, and Trafficking in Persons (SVET) continued temporarily to manage three shelters for children and adolescents, each with a capacity for 30 children. A government-mandated transfer of the three SVET shelters to SBS had not taken place by late November.
Overcrowding was common in shelters, and federal funding for orphanages remained limited. Local and international human rights organizations, including Disability Rights International, raised concerns that child abuse was rampant. A July investigative report claimed children with disabilities were consistently mistreated and neglected, including by being locked in cages. The Public Ministry received 22 formal reports of abuse or mistreatment of institutionalized minors during the year. In April adolescents rioted in a shelter, denouncing abuse by SBS employees and improper living conditions.
A March 2017 fire at the Hogar Seguro orphanage resulted in the deaths of 41 girls and severe injuries for 14 others. Authorities charged seven individuals with murder, abuse of authority, breach of duty, and abuse against minors in relation to the deaths of the 41 girls. Among those facing charges were former SBS secretary Carlos Rodas, former deputy secretary for protection and shelter Anahi Keller, and former shelter director Santos Torres. Trials continued, but there had been no convictions. On August 22, Congress approved a monthly government pension for the 15 survivors of the fire. The government did not make significant structural changes to the national shelter system, however.
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.html.
The Jewish population numbered approximately 1,500 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution contains no specific prohibitions against discrimination based on physical, sensory, intellectual, and mental disabilities. The law, however, mandates equal access to public facilities and provides some other legal protections. In many cases, however, the law was not enforced. The law does not mandate that persons with disabilities have access to information or communications.
The National Council for Persons with Disabilities reported few persons with disabilities attended educational institutions or held jobs. The council, composed of representatives of relevant government ministries and agencies, is the principal government entity responsible for protecting the rights of persons with disabilities. Most schools and universities did not have facilities accessible to persons with disabilities. In July, Congress published the Law against Sexual Violence, Exploitation, and Trafficking in Persons in braille, the first time a law was translated into braille and published.
The Federico Mora National Hospital for Mental Health, the only public health-care provider for persons with mental illness, lacked basic supplies, equipment, hygienic living conditions, and adequate professional staff. Media and human rights organizations reported mistreatment of residents, including physical, psychological, and sexual violence by other residents, guards, and hospital staff, especially with respect to women and children with disabilities. Multiple legal actions were pending against the hospital.
The government’s National Institute of Statistics estimated indigenous persons from 22 ethnic groups comprised 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 recognize particular indigenous groups as having a special legal status provided by national law.
Multiple local NGOs raised concerns over the killings of at least nine indigenous leaders from May through September. According to Public Ministry investigations and NGO assessments, at least three of the leaders killed may have been targeted because of their political involvement and advocacy for indigenous rights. The ministry was in the process of forming a technical working group charged with investigating the killings.
Indigenous representatives claimed actors in a number of 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. On September 3, the Constitutional Court ordered the Ministry of Energy and Mines to hold International Labor Organization (ILO) Convention 169-compliant consultations with Xinka populations, upholding the suspension of the operating license of Tahoe Resources’ San Rafael Mine until after conclusion of the consultations. Previously, businesses carried out consultations independently without government oversight. A 2017 ruling allowed a hydroelectric project to continue operations concurrently during consultations led by the energy and mines ministry.
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.
Indigenous lands lacked effective demarcation, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that security authorities lacked familiarity with indigenous norms and practices and this engendered misunderstandings. PNC and indigenous leaders in the Western Highlands worked together to establish 37 model police precincts to better serve indigenous-majority communities, reduce violence, expand government services, and establish rule of law. The PNC established substations in three indigenous villages, Salacuim, Teleman, and Tierra Blanca, at the request of communities.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law does not extend specific antidiscrimination protections to LGBTI individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Efforts to pass laws against such discrimination, including a gender identity law, encountered severe opposition among legislators. LGBTI human rights groups stated police officers regularly engaged in extortion and harassed male and transgender individuals whom they alleged to be sex workers. There was general societal discrimination against LGBTI persons in access to education, health care, employment, and housing. The government made minimal efforts to address this discrimination. Sandra Moran, the first openly lesbian member of Congress, was harassed and intimidated based on her sexual orientation. Several attacks targeted journalists for supposed membership in the LGBTI community. LGBTI activists groups reported increased social media attacks against them following President Morales’ August 31 decision to end CICIG’s mandate. PNC officials visited one local LGBTI NGO’s office on September 8, which the group claimed was an intimidation attempt.
According to LGBTI activists, gay and transgender individuals often experienced police abuse. The local NGO National Network for Sexual Diversity and HIV and the Lambda Association reported that from April 20 through November 11, 19 LGBTI persons were killed, including several transgender individuals the NGOs believed were targeted due to their sexual orientation. In May major media outlets reported that an unknown assailant shot and killed two LGBTI persons inside a home in Guatemala City. The case remained under investigation. The NGO Somos reported 35 violent attacks against LGBTI individuals during the year. LGBTI groups claimed women experienced specific forms of discrimination, such as forced marriages and forced pregnancies through “corrective rape,” although these incidents were rarely, if ever, reported to authorities. In addition transgender individuals faced severe discrimination.
HIV and AIDS Social Stigma
The law includes HIV/AIDS status among the categories prohibited from discrimination. Societal discrimination against persons with HIV/AIDS remained a problem, however, despite efforts by the Ministry of Health to address it. Forms of discrimination included being required by some government authorities to reveal HIV/AIDS test results to receive certain public benefits or from employers in order to be hired. In addition HIV/AIDS patients experienced discrimination from medical personnel when receiving services at some public hospitals and clinics and had their right to confidentiality violated by disclosure of their status. Discrimination against LGBTI persons with HIV/AIDS was particularly common and affected access to HIV-prevention programs, especially for transgender individuals.
Other Societal Violence or Discrimination
Several times vigilante mobs attacked and killed those suspected of crimes such as rape, kidnapping, theft, or extortion. The NGO Mutual Support Group reported three persons were killed and 41 injured in public assaults by vigilante groups from January through June.