A/HRC/43/3/Add.1
86.
As of the end of 2019, Congress has yet to approve Framework Bill No. 5125 on
disability, which has been pending since 2016 (CRPD/C/GTM/CO/1, para. 12). However,
other bills on the rights of persons with disabilities have advanced, including Bill No. 5463
on the creation of disability certification to access social protection programmes; Bill No.
5529 on the promotion of employment of persons with disabilities; Bill No. 5286 on the use
of guide dogs; and Bill No. 5603 on the official recognition of sign language. It is important
to ensure that these bills comply with applicable international human rights norms and
standards (See CRPD/C/GTM/CO/1, paras. 11, 16 and 76).
VII. Conclusions and recommendations
87.
In 2019, Guatemala held general elections in a context of significant threats to
democratic space, the independence of justice, and the combat against impunity and
corruption. Moreover, persistent inequality, racism and discrimination continued to
affect the majority of the population, notably indigenous peoples and women.
88.
The new Government and Congress, which assumed office on 14 January 2020,
has the opportunity to address outstanding challenges to enhance the protection of all
human rights for all people in Guatemala, and to build upon and consolidate advances
made in previous years.
89.
Based on the monitoring of her Office in Guatemala, and in addition to previous
recommendations, the United Nations High Commissioner for Human Rights:
(a)
Recommends that the 2020–2024 Congress prioritize a legislative agenda aimed
at strengthening the protection of and accountability for human rights violations and
to avoid the adoption of regressive legislation;
(b)
Urges all relevant authorities to carry out legal reforms to guarantee the
independence of the justice system, to protect judges, magistrates, prosecutors, lawyers
and witnesses, especially those involved in cases of transitional justice, corruption and
impunity, and to guarantee the rights to truth, justice, reparation and non-repetition;
(c)
Calls on authorities to adopt all measures needed to guarantee the merit-based
selection of judges and magistrates of the Supreme Court of Justice, the Appeals Courts
and the Supreme Electoral Tribunal, in strict compliance with the principles of
transparency, impartiality and objectivity;
(d)
Urges the Government and Congress to undertake a fiscal reform and
institutional strengthening and to prioritize budget allocations for human rights
compliance, notably for the rights to food, health, housing, water, education, social
security and access to justice;
(e)
Urges all relevant authorities to combat pervasive inequality and exclusion and
to address persisting gaps in the enjoyment of economic, social and cultural rights
between indigenous peoples and the rest of the population;
(f)
Urges the Government to review and reform laws, policies and programmes on
land, including by recognizing diverse land tenure systems and by regularizing land
registration and titling, especially for indigenous peoples and peasants;
(g)
Calls on all relevant authorities to regulate and monitor the activities of national
and international business enterprises to ensure that their activities comply with
international human rights standards;
(h)
Calls on all relevant authorities, media and other stakeholders to take proactive
measures to combat discrimination and prejudice, including hate speech, stigmatization
and stereotyping, especially against women, indigenous peoples, lesbian, gay, bisexual
and transgender persons, people on the move and persons with disabilities;
(i)
Calls on all State institutions to implement the recommendations contained in
the joint report on the situation of human rights defenders in Guatemala, 79 including
by adopting comprehensive measures for preventing attacks against human rights
79
16
oacnudh.org.gt/images/CONTENIDOS/ARTICULOS/PUBLICACIONES/
Informe_personas_defensoras.pdf (in Spanish).
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