A/HRC/43/3/Add.1 79. In 2019, OHCHR documented situations of collective expulsions; denial of access to the asylum request procedure; arbitrary detention, including of children, in inadequate conditions; 73 and separation of family members. OHCHR conducted capacity-building activities with the Office of the Ombudsperson on the rights of migrants, especially in border areas. 80. In May 2019, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families issued its concluding observations on the second periodic report of Guatemala (CMW/C/GTM/CO/2), in which it raised concerns regarding the situation of migrants in transit in Guatemala, notably with regard to sexual violence, threats, robbery and forced labour recruitment. The Committee also raised concern about extortion of migrants by agents of the National Civil Police and the General Directorate of Migration during migratory controls and bus interceptions, especially at borders. 81. OHCHR is concerned about the signing of the cooperation agreement on protection requests between the State party and the United States, given the lack of institutional, technical and financial capacity to guarantee the rights of asylum seekers to be transferred to Guatemala under the agreement. In the period January 2014 to August 2019, Guatemala only recognized 416 refugees.74 There were only eight staff members working for the division of the Guatemalan Migration Institute responsible for processing asylum applications. These constraints could expose migrants and asylum seekers to human rights abuses and violations. D. Sexual diversity and gender identity 82. Lesbian, gay, bisexual and transgender persons, including young people, continued to suffer harassment, abuse and isolation, including within their families. As at 10 December, nine gay men, two lesbian women, one bisexual man and six transgender women had been murdered in 2019.75 On 25 March, Jose Diaz, an 18-year-old defender of the rights of lesbian, gay, bisexual and transgender persons, was murdered in Huehuetenango, his body bearing multiple signs of violence. 83. For the first time, an openly gay man was elected to Congress, despite the documentation of homophobic or stigmatizing statements made against the lesbian, gay, bisexual and transgender population during the campaigns. OHCHR notes with concern that Congress continued to push the final debate on Bill No. 5272 on the “protection of life and the family”, which contained provisions that would decriminalize hate crimes against lesbian, gay, bisexual and transgender persons.76 84. On 20 July, a parade for sexual diversity and gender identity was held in Guatemala City, with thousands of people participating. However, it is of concern that during a postparade celebration in the offices of the lesbian, gay, bisexual and transgender organization “Gente Positiva” (Positive People), patrols of the National Civil Police entered the premises without a warrant and launched tear gas into the enclosed space.77 E. People with disabilities 85. Guatemala has ratified the Convention on the Rights of Persons with Disabilities, but has yet to develop a human rights-based model in which the decision-making of persons with disabilities is supported. 78 People with disabilities continue to be institutionalized and segregated, such as in the Federico Mora Hospital, where they live under the tutelage of the Director of the Mental Health Hospital (A/HRC/37/3/Add.1, para. 53). 73 74 75 76 77 78 In the first semester of 2019, the authorities arrested and detained 2,521 migrants, an increase of 68.7 per cent over the same period in 2018. refworld.org.es/pdfid/5dc5e6fa4.pdf (in Spanish). According to an observatory of RENADS/Lambda on violent deaths related to sexual orientation and gender identity. OL GTM 12/2018, A/HRC/37/3/Add.1, para. 50, and A/HRC/40/3/Add.1, para. 83. oas.org/es/cidh/prensa/comunicados/2019/196.asp (in Spanish). Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal recognition before the law, para. 7. 15