Human Rights

SUPPORTING HUMAN RIGHTS AND DEMOCRACY:
THE U.S. RECORD 2005-2006

GUATEMALA

April 5, 2006

Guatemala is a democratic republic in which parties across the ideological divide participate freely in the political process. The law provides for freedom of speech, press, association, and assembly, which the Government generally respected. Justice system abuses continued, however, including unlawful killings by police, harsh and dangerous prison conditions, arbitrary arrest and detention, and failure to ensure due process. Poorly trained and equipped police, prosecutors, and judges were further disabled by corruption within their ranks and by intimidation and killing of their peers. Increased levels of societal violence committed by gangs, organized crime, vigilante groups, and unknown actors exacerbated human rights abuses. Groups engaged in promoting human rights continued to suffer from intimidation and violence. Weaknesses in these government institutions prevented adequate investigation and prosecution of all crimes, including numerous killings around the country, as well as threats and violent acts perpetrated against civil society activists and some NGOs engaged in exhumations of victims of the 36-year internal armed conflict. These weaknesses allowed for continuing impunity for human rights abuses committed during the internal armed conflict. The effectiveness of government programs to combat persistent violence and discrimination against women and indigenous communities, trafficking in persons, and lack of enforcement of labor laws was limited. Such consistent failures by weak government institutions eroded citizens’ confidence in governmental authorities and democratic principles.

The U.S. strategy in Guatemala focused on helping the Government build the capabilities of its democratic institutions while encouraging transparency, accountability, and respect for human rights and the rule of law. U.S. efforts in Guatemala aimed to strengthen the capacity of civil society to be a practical partner in the struggle to consolidate democracy.

One of the challenges to Guatemala’s democratic system is low citizen participation in the political process. The United States developed a joint project with the OAS to help Guatemala’s Supreme Electoral Tribunal implement new reforms to the Electoral Law. Those reforms included, among others, decentralizing poll centers for the 2007 general elections to encourage widespread citizen participation. The United States worked with 15 municipalities and municipal associations to strengthen decentralization, citizen participation, and transparency in local governance.

The United States also sponsored programs on the local government level in the areas of citizen participation, leadership, conflict resolution, and participatory planning, with particular emphasis on including disenfranchised groups.

While the press in Guatemala is free to report and criticize, it has not always enjoyed a productive working relationship with government institutions, particularly the National Civilian Police. The United States sponsored training to instruct both law enforcement and the press in crime scene protection. As a result, relations between these traditionally antagonistic groups improved, which also increased press access and ability to report the news.

Guatemala boasts a strong, if fragmented, civil society that played an important role as watchdog and advocate for democratic principles. In 2005, the Ambassador and other representatives of the U.S. Government met frequently with journalists, human rights defenders, labor leaders, and other activists to publicly express support for their work. The Embassy also continued to urge the Government to investigate threats and provide additional protection when appropriate.

Many NGOs reported burglaries of their offices after suspecting burglars were targeting sensitive information about their activities. U.S. officials met repeatedly with activists and encouraged the Government to carry out investigations. Responding directly to organizations’ need to protect potentially sensitive data, the Embassy hosted a data security seminar. The seminar, conducted by Embassy personnel, focused on simple, low-cost ways to safely store electronic files offsite. The seminar was well received and was attended by more than 40 individuals from various human rights organizations.

The United States advocated for the Guatemalan Congress to approve two government initiatives to strengthen the observance of human rights and rule of law. In July 2005, the UN High Commissioner for Human Rights opened a local office at the Government’s invitation. The United States endorsed government efforts to re-launch a UN Commission to Investigate Illegal Bodies and Clandestine Security Apparatus (CICIACS). The Constitutional Court had ruled against the original initiative in 2004, and the United States urged the Government to follow through on its pledge to submit a revised proposal.

One of the serious threats to democracy in Guatemala is its weak justice system. The United States provided substantial material and technical assistance to build the capacity of justice sector institutions and to initiate needed reforms. In an effort to improve prosecutions of serious crimes, the United States provided technical assistance in case analysis methodologies to the Public Ministry. That program also helped create an analysis unit that provided services to other prosecutors’ offices in corruption and money laundering cases. The project helped the Guatemalan judiciary implement oral pretrial procedures in Guatemala City. It was the first time such procedures were implemented since the law prescribing them was passed 11 years ago.

In January 2005, the United States began providing technical assistance to the Government and civil society organizations to help implement the Inter-American Convention Against Corruption and to develop a national agenda against corruption. To increase the capacity of the National Civil Police to investigate police officers implicated in crime or corruption, the United States helped create an Inspectorate General to oversee the Office of Professional Responsibility. U.S. law enforcement advisors helped the new inspectorate define its mandate, structure, and operational guidelines.

The United States provided material support and training to the Special Prosecutor for Human Rights and the Special Prosecutor for Crimes against Women, Children, and Victims of Trafficking in Persons. The United States continued to provide technical assistance to the office of the Human Rights Ombudsman to improve its capacity to monitor, register, and fight violations of due process in criminal cases.

In previous years, the United States funded expansion of a network of justice centers intended to modernize and streamline judicial processes while bringing them within reach of more citizens. The success of the justice centers had a multiplier effect, promoting local initiatives such as a shelter for domestic violence victims, a legal aid office at the University of San Carlos for non-criminal cases, and improvements in administrative services provided by other justice sector institutions. The United States secured a commitment from the Government to allocate resources for 15 centers in 2006.

At-risk youth are vulnerable to recruitment by the increasingly powerful gang structure, a trend that posed serious threats to citizens’ security in recent years and undermined citizens’ confidence in government. In 2005, the United States supported crime-prevention activities in 16 different Guatemalan jurisdictions. Another U.S.-funded program helped create local "crime prevention councils" to promote awareness and community involvement with at-risk youth. In addition, the program supported a local NGO in its efforts to develop model centers called "youth houses."

Unresolved issues from Guatemala’s 36-year internal conflict continued to fester. Many victims of political and human rights crimes remained missing while the accused perpetrators enjoyed impunity. The United States funded a project that developed legal cases related to human rights violations committed during the conflict. The project aimed to overcome institutional obstacles to prosecution that allowed for continued impunity. This project helped lay the groundwork for future prosecutions that could be applied in other human rights cases. In 2005, exhumations were conducted at 128 sites. Embassy personnel also visited sites to demonstrate support for forensics workers and victims’ families. In December, the National Reparations Program, one of the products of a three-year human rights project sponsored by the United States, made its first reparations payment to civilian victims of the internal conflict.

In past years, the United States encouraged the Defense Ministry to incorporate human rights training into its curriculum and provided technical assistance. In 2005, approximately 400 members of the military received formal training in human rights; all military personnel are now required to receive human rights training and it is embedded into every Guatemalan military school.

Historically, women and indigenous persons have been largely excluded from positions of influence in both politics and industry. To encourage greater representation, particularly in the political forum, the United States actively recruited women and indigenous persons to participate in its International Visitors Leadership and Fulbright Programs. An indigenous woman and city council representative participated in the program "Grassroots Democracy for Young Leaders."

Land conflicts, one of the sources of broader political conflict in the past, were particularly acute in the Alta Verapaz area. The United States funded a local NGO to mediate land conflicts and introduce their methodology for mediation to local authorities. U.S. funding helped provide training to Public Ministry staff in women’s rights, launch an awareness campaign in several languages, and develop a graduate certificate program for justice sector professionals, indigenous women, and civil society advocates.

The United States is concerned with building the capacity of government institutions to fight such ills as child labor and trafficking in persons (TIP). The United States funded projects to improve labor law compliance and to minimize the incidence of child labor. Through these projects, the United States supported the efforts of the Ministry of Labor and NGOs to train labor inspectors, educate employers and workers about their rights and responsibilities, and provide educational opportunities to children who would otherwise be forced to work.

The United States supported civil society’s effort to reform the penal code to provide for increased penalties for traffickers. Taking advantage of interest in trafficking generated by that effort, the United States sponsored a three-day joint training session for police, prosecutors, and victims’ assistance providers. The United States also funded a regional anti-TIP conference, co-hosted by the Guatemalan Government and the OAS, which was aimed at coordinating national anti-TIP efforts.

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