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.