A/HRC/43/3/Add.1
(case Nos. 4783-2013, 4812-2013 and 2813-2015), which recognized the right to
bilingual and intercultural education of indigenous peoples in that area.
73.
Furthermore, there was some progress in the restitution of land rights to indigenous
peoples through litigation. In May, the Constitutional Court ordered the restitution of over
130 acres to the Aldea Vecinos de Chuarrancho indigenous community (file No. 1052-2017)
and the administration of communal lands by the indigenous authorities of the Ajawab’
people in San Pedro Jocopilas, Quiché (file No. 2994-2016).
74.
On 25 November, the Constitutional Court issued a judgment requiring Congress to
adopt a law to regulate water resources. The law should ensure recognition of the right of
indigenous peoples to water and of their unique relationship to water as a natural resource
(file No. 452-2019).
B.
Women and girls
75.
During the electoral campaigns, some candidates expressed their opposition to the
rights of women and girls, particularly regarding sexual and reproductive health and
education.66 Congress continued to debate Bill No. 5272 on the “protection of life and the
family”, which foresaw an increase in criminal penalties for abortion and the criminalization
of miscarriage (A/HRC/40/3/Add.1, para. 80). Of concern is the high birth rate among girls
under 18 years of age (32,167 in 2018, the most recent official information). Of those, 2004
were births of mothers under 15 years old, which constitute rape under national legislation.
67
76.
Violence against women remained widespread. From 1 January to 17 October, the
Office of the Attorney General received 43,271 complaints of violence against women, the
second most frequently reported crime. 68 This included 285 complaints of alleged
feminicide. 69 During that period, the judiciary obtained 86 convictions for feminicide. 70
However, the capacity to address this matter remains limited with only one prosecutor’s
office specializing in feminicide for the whole country. The Centre for Comprehensive
Support for Women Survivors of Violence (CAIMUS), which assists victims of violence
against women, remained underfunded and reported that delays in the transfer of funds
seriously compromised their essential work.
77.
Very little progress was made in the criminal case of the “Hogar Seguro Virgen de la
Asunción” (safe house of the Virgin of the Assumption), a shelter in which 41 girls living
under the protection of the State died in a fire in March 2017. 71 OHCHR is seriously
concerned about the spurious case filed by a former State employee in October against the
15 surviving girls, blaming them for the fire and accusing them of murder, among 18 other
serious charges.
C.
Migrants and asylum seekers
78.
Three years after the adoption of the Migration Code, which led to progress in the
recognition of the human rights of migrants, the Guatemalan Institute for Migration 72 is not
yet fully operational. Moreover, the by-laws of the Code, including with regard to the return
of migrants and the conditions of their detention, have not been adopted.
66
67
68
69
70
71
72
14
soy502.com/articulo/candidatos-comprometen-valores-familiares-foro-100931 (in Spanish).
National Statistical Institute, birth rates 2018. Available at ine.gob.gt/ine/estadisticas/bases-dedatos/vitales.
Information provided to OHCHR from the Office of the Attorney General, UIP/G 2019002341/hacmda, 30 October 2019.
Ibid.
Ibid.
oacnudh.org.gt/images/CONTENIDOS/ARTICULOS/PUBLICACIONES/
InformeHSVA.pdf (in Spanish).
This entity is mandated to guarantee the rights of migrants, advise the national migration authority on
migration policy, manage migration and exercise migration control.
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