مؤتمر صحفي لنائبة مفوضة الأمم المتحدة السامية لحقوق الإنسان، فلافيا بانسيري، في غواتيمالا

22 May 2014

Good morning,

Thank you all for your presence today, the day I conclude my visit to Guatemala.

I would like to express my appreciation to the Government for its hospitality and for its willingness to engage in dialogue. During my visit, I met with President Otto Perez Molina, the Ministers of Foreign Affairs and of Interior, as well as the Chairman of the Presidential Commission for Human Rights. I had the opportunity to meet with the President of Congress and the Ombudsman. At the end of this press conference, I will meet with the Attorney-General.

Of equal importance, I met with victims of human rights violations, human rights defenders, authorities, organizations, and indigenous leaders and women and civil society organisations. I thank each and everyone I met for the time they took to meet with me and their openness in sharing their difficulties and aspirations in pursuing respect and enjoyment of human rights.

At the end of my mission, I would like to share some of the conclusions from the fruitful meetings I had. In general terms, I would like to begin by acknowledging the significant progress made in key areas important to the population, such as combating the high levels of malnutrition through the Zero Hunger Program and promoting the rural economy through the implementation of the Integral Rural Development Policy. I also welcome the commitment of the State to remain open to receiving visits by UN Special Rapporteurs and Working Groups, particularly the current requests for visits by the Special Rapporteurs against torture, freedom of association and the right to truth, justice and reparation, and the Working Group on mercenaries. In my speech, I will further develop other specific issues that received particular attention during my visit.

Combating impunity

As acknowledged in the most recent report of the High Commissioner, in recent years Guatemala has taken unprecedented steps in the fight against impunity, in cases involving organized crime, drug trafficking, corruption and serious human rights violations. The commitment of the staff of the Attorney-General’s Office, in particular under the leadership of Claudia Paz y Paz, and the effective inter-agency coordination between the Public Ministry, the Ministry of Interior, the National Civil Police and the Institute for Forensic Science - INACIF - have been key in these achievements. Preserving and continuing these achievements must be a priority and we hope that the State as a whole will assume this challenge.

Violence against women in its various manifestations is still worrying. In this regard, I welcome the initiative from the members of the Supreme Court of Justice to create courts against femicide and other forms of violence against women. I reiterate the importance of continuing with their expansion.

I had the opportunity to meet with victims of serious violations committed during the internal armed conflict, as well as with victims of more recent human rights violations. I was very much affected by their suffering, but also inspired by their spirit and courage to seek justice. Guatemala can not afford to make backward steps in the fight against impunity, both in cases of the past and of the present. Given the recent appointment of the Attorney-General and Head of the Public Ministry, I would like to highlight the importance of continuing to advance in the fight against impunity. In particular, I would like to underline the need to strengthen the Prosecution Unit for Human Rights to shed some light on human rights violations, including attacks against human rights defenders. Likewise, I must emphasize the need to maintain strict control of the staff working in the Special Methods Unit of the Attorney-General’s Office, and the cases they follow, to ensure judicial guarantees of due process are not violated.

I reiterate the willingness of OHCHR, within its mandate, to continue working side by side with the Public Ministry to achieve this goal.

The fight against impunity is multifaceted and is a responsibility of the State as a whole. In this regard, I am pleased to note the commitment by the Congress to adopt the amendments to the Law on the Judiciary and the Organic Law of the Public Ministry this year. I also call on the need to prioritize discussions regarding the initiatives to reform the Law of “Amparo” (writ of protection) and "Pretrial”, as well as amendments to the Public Order Law. Other essential measures to end impunity include: further strengthening of the Courts with jurisdiction in cases of higher risk; expanding the scope of the specialized courts of femicide and other forms of violence against women, and strengthening the National Institute of Forensic Science, as well as providing these institutions with adequate resources.

I would also welcome the recent election by Congress of the Rapporteurs of the National Preventive Mechanism against Torture, which is a very valuable contribution to help ensure that persons deprived of their liberty are free from torture and ill-treatment. It is necessary to approve the budget of the mechanism, so it can start its work soon. I also welcome the favorable opinion on the initiative to reform the law on the Judiciary, which is expected to be adopted soon by the plenary of the Congress.

I should highlight the important role that Congress has, within its mandate, to ensure that the national legal framework is in line with the State's international obligations on human rights; particularly with regard to investigation, prosecution and punishment of serious human rights violations that occurred in the past, and the right of victims to truth, justice, reparation and to guarantees of non-repetition of these violations.

Allow me to recall the key role the Congress will play in the final selection process to elect the judges, based on the lists of candidates submitted by the nominating committees. In this context, as discussed with the President of the Congress, we are concerned that the recent calls made by the legislative power against the judicial one regarding the peace consolidation through Operative Paragraph 3-2014 may affect the principle of judicial independence and impartiality as well as the process itself. I would also like to emphasize that this decision may affect the complete independence of powers, which is the cornerstone of a democratic state.

In the context of the fight against impunity for crimes committed during the internal armed conflict, I had the opportunity to hear the voices of indigenous women victims of sexual violence in the military detachment of Sepur Zarco. Their bravery is certainly an example to all of us. In this respect, I encourage organizations that support them to continue with their work; and I urge the public prosecutor and the judicial system to continue its efforts to investigate the facts and provide reparations to the victims.

It is important to recall that the State has the obligation to ensure the right to truth, justice, reparation and guarantees of non-repetition to victims of serious human rights violations committed during the internal armed conflict. I would like to emphasize that reconciliation should not be considered as an alternative to justice. One can not build peace and development in a country when impunity persists. Similarly, the jurisprudence of the Inter-American Court for Human Rights has reiterated the inadmissibility of amnesties and of prescriptions of human rights violations and of those establishing exceptions that hinder the investigation, prosecution and punishment of those responsible for serious human rights violations.

I want to underline the commitment of OHCHR to continue to support those who seek justice. Guatemala has a legal system that has demonstrated its ability to impart justice; as said by the High Commissioner during her visit to Guatemala in 2012, only political will is needed to make it happen.

Nominating commissions

The nominating commissions have the primary responsibility to ensure that professionals of unquestionable qualifications, competence and integrity are selected to be part of the final list of candidates for judges of the Supreme Court and the Court of Appeals. To fulfill this important mission, I would like to reiterate the recommendations of the High Commissioner in relation to the previous processes regarding the need to have a discussion and an assessment based on objective criteria, in a reasoned and public manner, including the requirement of recognize the integrity of candidates. I also urge the Commissions that will soon be established to ensure equitable inclusion of women and indigenous candidates.

I salute the efforts of civil society in their active participation in monitoring and follow-up of these processes and trust that their comments will be considered by the nominating commissions.

Indigenous Peoples

I agree with the President that overcoming structural discrimination and racism is one of the main challenges for Guatemala. Although indigenous peoples make up the majority of the population, being an indigenous person in Guatemala continues to imply a denial of rights in several areas, including access to basic services, property, land, education, health, justice, participation and decent working conditions.

Indigenous authorities of Chichicastenango, Nebaj (Quiché), Sololá and the 48 cantons of Totonicapan, among others, described to me in detail the major challenges they face in strengthening their autonomy and exercising their functions. I appeal to the State as a whole to recognize their contribution to the maintenance of peace, security and governance in the country. The need to strengthen traditional dialogue mechanisms and community decision-making mechanisms is urgent, as well as ensuring greater participation of indigenous women within these mechanisms.

During my visit to Izabal, I gained first-hand knowledge of the efforts of indigenous communities to assert their rights of access to land, recognition of collective ownership and participation in the decision-making processes of public policies through legal claims. I urge the authorities to adopt the appropriate legal framework, in conformity with international law, to recognize traditional forms of tenure, ownership and collective ownership of land by indigenous communities.

I am very concerned by the fact that granting licenses for extractive and energy projects continues to generate social tensions in Guatemala. Respect by the State of its duty to consult indigenous peoples as well as the construction of spaces for dialogue based on the principles of good faith, pave the way to prevent and effectively respond to the challenges in this country. The consultation process should be developed in conformity with international standards and incorporate traditional forms of consultation and decision-making used by indigenous communities. In this context, I call for a model of inclusive development, in which indigenous peoples have the opportunity to be legitimate stakeholders, participate in decision-making processes and share benefits.

Human rights defenders

Through the testimonies that I received from a broad range of defenders who work for justice, indigenous peoples' rights, peasant communities and the environment, I fully realized the difficult context in which they perform their work and the enormous risks to which they are exposed. It is with concern that I received information on cases of threats, attacks and smear campaigns against them. According to the Protection Unit for Human Rights Defenders in Guatemala (UDEFEGUA) 18 human rights defenders were murdered in 2013.

I was also informed of cases where there seems to be a pattern of criminal proceedings at the local prosecutors , in the context of defending human rights linked to the exploitation of natural resources. Disproportionate offences are used in the allegations, such as conspiracy, terrorism or kidnapping, which correspond to the logic of a war against organized crime and not to social movement demands.

Other elements of concerns are the actions and smear campaigns to stigmatize human rights defenders, which are articulated through various media. To counteract this trend it is necessary for the authorities to further raise public recognition of the legitimacy of the work performed by human rights defenders.

The Government also shared information with me on important initiatives being undertaken to ensure the protection of human rights defenders at risk. I would particularly highlight the efforts made by the Government to establish a mechanism to protect journalists. It is important that a similar mechanism is created to protect human rights defenders, and to conduct investigations into the attacks they have suffered. Ending impunity is the best way to protect them.

Security

I am aware of the efforts of the Government of Guatemala in reducing the number of violent deaths, although I am still concerned about the high number of violent deaths, including of women and children. I take note of the launch of the National Policy for the Prevention of Violence and Crime, as well as of the increase in the number of police officers. It is foreseen that there will be 35,000 police officers by the end of the year. As discussed with President Otto Perez Molina, I trust that this increase in the police force will allow a gradual withdrawal of the armed forces from public security tasks.

The Ombudsman

When the High Commissioner visited Guatemala in 2012, the Congress was about to select a new Ombudsman. I am now pleased to acknowledge the remarkable efforts made by Dr. Jorge De Leon Duque in strengthening the National Human Rights Institution (PDH) and in particular the 36 auxiliary offices covering the 22 departments of Guatemala. The PDH remains the reference for citizens who feel their human rights have been violated. The confidence of the people in the institution is the first step to ensuring the protection of their human rights. The tasks of promoting a human rights culture and oversight function over public administration are central to strengthening democratic spaces both locally and nationally. I would like to reiterate the willingness of the OHCHR to continue supporting and providing technical assistance to the PDH.

Finally, I thank the Government for the renewal of the agreement that allows the Office to be present in Guatemala for three more years. This is uplifting and I want to reiterate and reaffirm our commitment to continue work in the country and to support efforts to ensure the full enjoyment of human rights by all Guatemalans.

Thank you very much.