Since 2017 to date, democratic institutions and the rule of law in the country have faced a severe deterioration, according to the Inter-American Commission on Human Rights (IACHR). On August 30, preliminary observations were published from the visit carried out in July of this year.
The experts have compiled a series of recommendations that should be adopted to overcome the obstacles identified by the Commission, which include vulnerable groups, human rights defenders, the judicial system and even the actions of some State institutions and agencies.
“The instrumentalization of the penal system for these purposes and under the patterns recorded represents one of the greatest risks to democratic stability in Guatemala,” is one of the conclusions expressed in the report.
Structural problems such as poverty, inequality, discrimination and social exclusion, which are aggravated by levels of corruption and impunity, are also exacerbated. In addition, failure to comply with the Peace Accords has led to setbacks and impunity for human rights violations that occurred in the past, according to the IACHR.
“The IACHR warns that democratic governance, accountability and the possibility of addressing the country’s structural problems are seriously hampered by a legislative branch that resists generating new alliances and political agreements to benefit democracy and the human rights of the population,” it reads.
Recommendations
The Commission preliminarily issues 40 recommendations that must be complied with because the country is a party to the American Convention.
“Taking measures to ensure that, in the short term, the operation of the Human Rights Ombudsman’s Office conforms to its constitutional mandate in favor of the protection of the human rights of the Guatemalan population” is one of the first suggestions made.
In addition, the legal framework of the Presidential Commission for Peace and Human Rights (Copadeh) should be strengthened, making it permanent and optimizing its operation. As well as generating conditions and a comprehensive reparation plan for exiled persons.
“Conduct an independent review of the functioning of the Public Prosecutor’s Office (MP) and its impact on human rights, taking into account the widely reported allegations of a lack of objectivity,” the IACHR reiterated in its report.
He added that the misuse of the penal system by using punitive power against justice operators, human rights defenders, legislators, journalists, students, teachers, members of political parties, public officials, among others, must cease.
It also refers to the need to ensure, through legal means, the separation of the functions of the Supreme Court of Justice (SCJ) and to strengthen the autonomy of the Supreme Electoral Tribunal, by strengthening the Judicial Career Council.
“Ensure the necessary conditions for the operation of the Nomination Committees to integrate the list of candidates for the Supreme Court of Justice (SCJ) and the Chambers of the Court of Appeals, so that they can carry out the selection process with sufficient time to comply with the legally established deadline and in accordance with inter-American standards, under criteria based on merit and professional capabilities, and free of undue interference of any kind,” urges the IACHR.
The observations do not ignore freedom of expression, and consider that a mechanism for the protection of journalists should be implemented to guarantee their life and integrity; a national plan to investigate violations of freedom of expression and to adapt domestic regulations regarding the radio spectrum.
Also mentioned are groups of women, people with disabilities, the sexually diverse community, prisoners, indigenous peoples, Afro-descendants, older people, children and adolescents.
MP if pronounced
The Prosecutor’s Office stated that it regrets that the IACHR report made invisible the information provided to them about their work at the time of the visit.
“During the visit to the headquarters of the MP, they were informed of the official information and the Attorney General was emphatic in asking the rapporteurs to include the official information from the MP in the preliminary observations report so that it would be objective and not biased,” the institution said.
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