Guatemala is a multiparty constitutional republic. On January 14, Alejandro Eduardo Giammattei Falla of the We’re Going for a Different Guatemala Party was sworn into office for a four-year term as president. International observers considered the presidential election held in 2019 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. Members of security forces committed some abuses.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings arranged by government officials; harsh and life-threatening prison conditions; arbitrary arrest and detention; serious problems with the independence of the judiciary; serious restrictions on the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists; widespread corruption; lack of investigation of and accountability for violence against women; crimes involving violence or threats of violence targeting persons with disabilities, members of indigenous groups, and lesbian, gay, bisexual, transgender, and intersex persons; and use of forced labor, including child labor.
Impunity continued to be widespread. Corruption, concerted efforts by organized criminal actors, and lack of political will made meaningful investigation and prosecution of crimes difficult.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were reports that the government or its agents committed arbitrary or unlawful killings. As of August 31, the Public Ministry, which is responsible for the prosecution of all criminal cases, as well as the Office of Professional Responsibility of the National Civil Police (PNC), reported two complaints of homicide by police, the same number of complaints as in 2019. The Public Ministry continued to investigate a case of alleged excessive use of force, in which video security surveillance captured PNC officers shooting and killing Edgar Ic Perez after COVID-19 curfew hours on June 17.
The nongovernmental organization (NGO) Unit for the Protection of Human Rights Defenders alleged that at least 14 members of rural and indigenous activist groups were killed or died in disputed circumstances between January and August. Some of the killings appeared to be politically motivated, and all the cases remained under investigation at year’s end (see section 6, Indigenous People). In 2019, 15 activists or human rights defenders were killed.
The national government’s prosecution of former intelligence chief Jose Mauricio Rodriguez Sanchez continued. Rodriguez Sanchez was accused of genocide against the Maya Ixil community during the country’s 36-year internal armed conflict (1960-96). On February 4, a military expert proposed by the Public Ministry testified in the case against Luis Enrique Garcia Mendoza, operations commander under former president Rios Montt. The testimony focused on the chain of command of the Ministry of Defense during that period, both as a means to provide expert witness against the defendants and to identify other officers that might have given the orders. Judge Jimmi Bremer of High-Risk Court C indicted Garcia Mendoza in November 2019 on charges of genocide and crimes against humanity.
The Public Ministry continued investigation of another case for genocide against the Maya Ixil community from the last months of former president Romeo Lucas Garcia’s government (1978-82). Three high-ranking military officers, Cesar Octavio Noguera Argueta, Manuel Callejas y Callejas, and Benedicto Lucas Garcia, were charged in this case. According to the ministry, the case involved a minimum of 32 massacres, 97 selected killings, 117 deaths due to forced displacement, 37 cases of sexual assault, and 80 cases of forced disappearance. Many victims were children. In November 2019 the courts found sufficient evidence in the Public Ministry’s preliminary investigation to order a deeper investigation. Judge Miguel Angel Galvez scheduled a hearing for September 1 to rule on whether there was sufficient evidence to bring the case to public trial against the three defendants, but the hearing was suspended. The defense filed a request for house arrest for Callejas y Callejas and Lucas Garcia due to the heightened risk of COVID-19 in prison facilities. Judge Galvez denied the request because the defendants’ charges made them ineligible for house arrest under the law. Callejas and Lucas were both previously convicted of serious crimes in the Molina Theissen case and were serving 58-year sentences.
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 internal armed conflict period. The government did not comply, however, with an order from the high-risk courts, which handle sensitive cases often risky for judges to take on, to create a national commission on the search for disappeared persons and a national registry of victims.
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 1960-96 armed conflict. The courts needed to resolve several appeals and recusal motions filed in 2016 before a full trial could begin. The defense filed a request for house arrest for two former military officers indicted in the case, Byron Barrientos and Carlos Garavito, due to the heightened risk of COVID-19 in prison facilities. High-Risk Court A denied the request because the defendants’ charges made them ineligible for house arrest under the law. 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 reports alleging government workers employed them at the Federico Mora National Hospital for Mental Health (see section 6). 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.
According to the Conduct in UN Field Missions online portal, in February an allegation was made that Guatemalan peacekeepers deployed to a UN peacekeeping mission, raped a child. As of October the government was investigating the allegation.
Impunity within the PNC was not a pervasive and systemic issue. Impunity from prosecution for serious crimes within the PNC has generally been in decline for more than a decade, with several high-profile convictions of PNC officers now serving prison sentences. Lesser crimes of negligence and bribery by officers continued, however, with few convictions. Negligence by officers was largely the result of 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. Small monthly salaries of approximately 4,000 quetzals ($535) created an incentive to extort bribes. A large number of PNC officers were removed from the force over the past three years based on allegations of bribery. There were also anecdotal reports that the military extorted bribes and arbitrarily and temporarily detained persons when acting in support of the PNC. These instances seemed scattered and not related to military orders.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and the government generally respected these prohibitions.
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. There were numerous reports of government corruption during the year, including money laundering, illegal political party financing, and bribery, many of which the Public Ministry investigated and prosecuted.
To continue the fight against corruption after the expiration of the International Commission against Impunity in Guatemala’s mandate on January 21, the Giammattei administration declared the creation of the Presidential Commission against Corruption, with entry into force on January 22. Civil society organizations expressed concern regarding the new commission’s perceived lack of independence from the Giammattei administration.
As of October, Juan Francisco Sandoval, lead prosecutor for the Public Ministry’s Special Prosecutor’s Office Against Impunity, had received more than 40 administrative and judicial complaints launched by the former military group Foundation Against Terrorism, Gustavo Alejos, and former Guatemalan ambassador to the United States Julio Ligorria, among others. Three judges in the high-risk courts also incurred a litany of complaints. Civil society organizations noted the lengthy and costly judicial process for the defendants to resolve the complaints, even when the complaints themselves had little or no basis of proof.
Corruption: Former communications minister Alejandro Sinibaldi voluntarily returned to Guatemala and surrendered to authorities on August 24. Sinibaldi was 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; the Transurbano security case, involving alleged siphoning of approximately one million quetzals ($140,000) from security contracts for public transit; and a case of alleged illegal campaign financing in 2011.
The Transurbano case, involving former president Alvaro Colom, 10 of his ministers, and former chief of staff Gustavo Alejos, was delayed by several complaints filed by Gustavo Alejos against Judge Eduardo Cojulum. In 2008 the ministers signed an agreement that allowed the Urban Bus Company to form anonymous corporations and begin syphoning funds from a prepaid fare program.
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.
Financial Disclosure: Public officials who earn more than 8,000 quetzals ($1,030) per month or who manage public funds are subject to financial disclosure laws overseen and enforced by the Comptroller General’s Office. The financial disclosures were available to the public upon request. Administrative and criminal sanctions apply for inadequate or falsified disclosures of assets.
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 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 3,684 women were victims of rape from January to August, compared with 6,231 women in the previous year. NGOs partially attributed the lower number of cases filed to barriers to accessing the Public Ministry during the COVID-19 pandemic, including modified working hours for Public Ministry offices.
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, 302 women were killed, compared with 477 in the same period in 2019. According to judicial system data, 34 persons were convicted of femicide from January to November.
Violence against women, including sexual and domestic violence, remained widespread and serious. The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women due to their gender. As the government closed down nonessential businesses and most forms of travel, imposing a strict curfew for COVID-19, several NGOs, international organizations, and the government noted an increase in domestic abuse and violence against women. Data was scarce and difficult to collect, as some analysts noted women were not able to leave their homes to report abuses confidentially to police. Mutual Support Group estimated that domestic violence cases increased by nearly 200 percent compared with the previous year, noting 2,657 cases of “intrafamily violence” in the first six months. The Public Ministry recorded 39,399 instances of violence against women from January to August, compared with 40,993 in the same period of 2019. The ministry noted that the judicial system convicted 424 perpetrators of violence against women from January to August, compared with 1,149 in the same period of 2019.
In January, PNC officers arrested Francisco Cuxum Alvaradeo, 64, 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. The case against Cuxum was in the presentation of evidence phase, awaiting a resolution regarding the opening of a public trial. Cuxum’s case reopened the overall Maya Achi sexual violence case, which had remained blocked after a previous judge dismissed the charges against the seven other defendants and ordered their release. The case remained mired in a series of unresolved appeals.
Sexual Harassment: Although several laws refer to sexual harassment, no single law, including laws against sexual violence, address it in a direct manner. Human rights organizations reported sexual harassment was widespread.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, and violence. They did not always have the information and means to do so.
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. A lack of culturally sensitive reproductive and maternal health-care service providers deterred some indigenous women from accessing these services.
The government made progress to ensure that survivors of sexual violence who sought medical attention received sexual and reproductive health services, with some hospitals classifying sexual assault as a medical emergency; however, many survivors did not seek medical care due to cultural and geographic barriers.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Although the law establishes the principle of gender equality, women, and particularly indigenous women, faced discrimination and were less likely to hold management positions.
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.
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 were not effectively demarcated, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that security authorities’ lack of familiarity with indigenous norms and practices engendered misunderstandings.
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.
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. Observers in Izabal reported that as of September, the mine continued operations despite the 2019 court order to suspend activities. Observers reported that Solway employees were giving baskets of food and other bribes to locals to keep them from protesting the mine, as protests routinely disrupted mine operations. Observers also reported Solway was believed to have bribed municipal officials in El Estor to keep news of a COVID-19 outbreak on the mine compound from becoming public. The 2019 Constitutional Court order required the provisional closure of the mine until the Ministry of Energy and Mines conducted consultations compliant with Convention 169 of the International Labor Organization (ILO) with local communities.
Xinka authorities reported the court-ordered consultations were not progressing in regards to the San Rafael mine. 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.
Other Societal Violence or Discrimination
Vigilante mobs attacked and killed those suspected of crimes such as rape, kidnapping, theft, or extortion on several occasions. The NGO Mutual Support Group reported three persons were lynched and 45 injured in attempted lynchings by vigilante groups from January through August.
On June 6, villagers in San Luis, Peten, killed Domingo Choc, an indigenous spiritual guide and expert on medicinal plants and traditional healing methods. The mob confronted Choc in his house, where they beat him and burned him to death on allegations that he was practicing witchcraft. The mob violence was widely circulated in social media and caught national and international attention, due to its graphic nature and Choc’s ties with the anthropology departments of University of College London and Zurich University for research on indigenous healing practices. Multiple local NGOs and international organizations raised the killing as evidence of continued violent discrimination against indigenous peoples and their belief systems. While police continued to investigate the incident, observers and analysts noted the perpetrators, caught on video, seemed to be primarily motivated by religious animus against traditional Mayan spiritual practices and traditions, accusing Choc of being a witch. President Giammattei strongly condemned the incident and convened an interfaith group to discuss the need to prevent violence against indigenous spiritual guides in the future.
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The law explicitly prohibits discrimination with respect to employment or occupation based on race, color, sex, religion, political opinion, national origin or citizenship, age, and disability. The government did not effectively enforce the law and related regulations. Penalties were not commensurate with laws related to civil rights, such as election interference. Discrimination in employment and occupation occurred. Anecdotally, wage discrimination based on race and sex occurred often in rural areas.