A/HRC/43/3/Add.1
Annex
Report of the United Nations High Commissioner for Human
Rights on the situation of human rights in Guatemala
I. Introduction
1.
The present report was prepared pursuant to the agreement between the Office of the
United Nations High Commissioner for Human Rights (OHCHR) and the Government of
Guatemala, signed in January 2005 and renewed in September 2017 for an additional three
years. The report covers the year 2019 and is based on information collected and analysed by
OHCHR in Guatemala, as well as information provided by State institutions and other
stakeholders. Specific activities of OHCHR are detailed throughout the report.
2.
In 2019, OHCHR conducted 83 monitoring and fact-finding missions, provided 193
capacity-building courses to State institutions and civil society, and followed up on 104
emergency cases of alleged human rights violations. It regularly issued public statements and
produced two reports and several informational fact sheets, which are available on its website
(oacnudh.org.gt). It organized seven forums, including on business and human rights,
freedom of expression, the rights to water and sanitation, and transitional justice. It provided
strategic litigation and technical support for the implementation of judgments or reparations
ordered, especially in cases regarding the rights of indigenous peoples.
3.
The Office provided continuous technical assistance to State institutions at the
national and local levels, notably to the Office of the Ombudsperson; the Office of the
Attorney General; the judiciary; the Ministry of Labour; the Ministry of Health; the Ministry
of Education; the National Civil Police; the Presidential Commission on Human Rights; the
Presidential Secretariat for Women; and the Supreme Electoral Tribunal, among others.
Throughout its work, it collaborated with regional and international human rights-monitoring
mechanisms.
4.
The work of OHCHR in 2019 covered issues raised in the present report, notably
human rights defenders; independence of the judiciary; transitional justice; the fight against
impunity; security; inclusive and sustainable human development; and non-discrimination
and equality. OHCHR prioritized the situation of the most marginalized sectors of the
population: indigenous peoples; women and girls; people on the move; lesbian, gay, bisexual
and transgender persons; and persons with disabilities.
II. Context
5.
The new Government assumed office on 14 January 2020 in a challenging human
rights context, with persisting high levels of inequality, discrimination, insecurity and
impunity. The year 2019 was marked by significant setbacks and actions aimed at obstructing
the advancement of human rights, the rule of law, and the fight against corruption and
impunity. 1 The situation has continued to drive large numbers of Guatemalan nationals,
including unaccompanied children, to migrate.
6.
The presidential, legislative and municipal elections were at the centre of political
attention in 2019 (see paras. 13–16). Legal battles regarding the participation of several
presidential candidates overshadowed substantive debates and the presentation of political
platforms. Following the first round of voting, which was held on 16 June, discrepancies
between the digital and written copies of ballot-box returns led to the results being called into
question and to a weeks-long revision by the Supreme Electoral Tribunal. On 11 August,
following the second round of voting, Alejandro Giammattei (Vamos party) won the runoff
with 57.95 per cent of the votes against Sandra Torres2 (UNE party).3
1
2
3
2
ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24071&LangID=E.
On 2 September, Sandra Torres was arrested on charges of illegal campaign financing in 2015.
https://preliminares2019.tse.org.gt/201902/panel.html (in Spanish).
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