CIIDH Analysis: to know the situation regarding the defense and promotion of human rights in Guatemala
By Emma Gómez / Translated by Max Leigthon
For decades, the country has been hurt by multiple social, political and economic problems. It is hard to believe that the situation gets worse every year. As citizens we do not give credit to all the injustices that afflict us.
In every government there is a slight hope that the situation could change or improve, but it does not get worse. Every time new studies and researches come out that show the precarious situation of hundreds of Guatemalans. There is a pending debt in education, health, justice, access to housing, freedom of expression and other rights that are established in the Political Constitution of the Republic.
The multiple denunciations and demands for these rights will one day have an echo, but only history will tell us.
Criminalization
As if that were not enough, the human rights situation in the country is even worse with the criminalization of people who promote democracy and denounce acts of corruption. A report by the International Center for Human Rights Research (CIIDH) reveals that from 2020 to the beginning of January 2024, criminalization and persecution of human rights defenders were evident, particularly against justice operators involved in the fight against corruption. This allowed the consolidation of the authoritarian State, the institutional capture by de facto powers with an evident agenda far from the fight against corruption and impunity.
The report Criminalization of Former Justice Operators in Guatemala: An Analysis of Cases and their Relationship to Open Justice states that the criminalization of human rights defenders (HRDs) has been the most frequent type of attack in Guatemala over the past seven years. This practice was initially directed against indigenous leaders defending land and territory. The demand for rights has been systematically persecuted due to the complicity between companies (both national and international) and public actors, mainly the Public Prosecutor’s Office and the Judiciary.
In addition, it points out that the Public Prosecutor’s Office continues to carry out persecution actions, which is a latent risk against human rights defenders, as well as against democracy.
The report emphasizes that the persecution has targeted a diversity of actors, including lawyers, students, journalists, human rights defenders, former officials of the International Commission Against Impunity in Guatemala (CICIG), former prosecutors, former judges, former judges of the Constitutional Court and the Supreme Court of Justice, the former Human Rights Ombudsman, workers of the Supreme Electoral Tribunal, as well as defenders of land and natural resources.
Data from the report
The document also cites a publication by the Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA), which shows a strong upward trend in attacks against human rights defenders (HRDs), including those perpetrated through social networks.
This reflects a context of strong repression, political violence and threats, particularly during the 2023 electoral period.
During 2020 there were a total of 1055 attacks on HRDs, of which 349 affected women, 559 men and 147 civil society organizations. During 2021, there was a slight decrease, with a total of 1002 attacks on HRDs, of which 348 concerned women, 533 men and 121 civil society organizations. During 2022, there was an increase in attacks on HRDs, with a total of 3574 attacks on HRDs reported, 1149 of which targeted women, 2267 targeted men and 158 targeted civil society organizations.
While during 2023 again the attacks report a significant increase, as there were a total of 8680 cases, of which 2520 were directed at women, 5370 at men, and of these people, 816 are of sexual diversity. In addition, 790 civil society organizations were attacked during the year.
The increase continued in 2023, registering a total of 9,496 attacks. This increase cannot be explained solely by the change in methodology implemented between 2021 and 2022, which included the registration of attacks perpetrated through social networks.
The social, political, economic and human rights situation in Guatemala has significantly influenced the increase in attacks, reflecting the general deterioration of the country, especially with regard to human rights defenders. As analyzed in the context of this research, the electoral context had a particular impact on the increase in documented attacks, as noted by UDEFEGUA.
Thus, what began in territories far from the capital became a pattern of persecution that also reached journalists and community communicators, and in recent years, those investigating alleged cases of corruption linked to high-level officials of the three most recent governments. The objective, without a doubt, has been to silence the defense of human rights, as well as the fight against corruption and impunity.
Among the recommendations, it is noted that Open Justice can be understood as an emerging paradigm of public management, aligned with a democratic model that seeks to build a more accessible, responsive and inclusive justice administration system for citizens. This approach also incorporates a series of fundamental principles that would contribute to the strengthening of democracy.
In addition, it is necessary to advance in the reforms of the justice system, putting people at the center. That is, to promote reforms that incorporate or institutionalize mechanisms with participatory and inclusive approaches in the design of justice policies and services, in order to ensure that everyone has adequate access to legal services for all.
