HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF GUATEMALAN REPORT ON CIVIL AND POLITICAL RIGHTS

Human Rights Committee
72nd session
18 July 2001
Afternoon





Chairperson Expresses Concern at Government Failure to Redress
Human Rights Violations, Continued Activities of Paramilitary Groups


The Human Rights Committee this afternoon concluded its consideration of a second periodic report of Guatemala, with the Chairperson, in preliminary observations, expressing concern about the Government's failure to redress human rights violations and the continued activities of paramilitary groups.

Chairperson Prafullachandra Natwarlal Bhagwati said that positive measures had been taken in the field of the administration of justice in Guatemala; and a special prosecution to deal with threats against judges had been set up; but these measures did not seem to have made any appreciable difference.

The Chairperson said that the activities of the paramilitary groups had continued and several instances of human rights violations were not redressed; investigations of allegations of human rights violations were slow; and there was absence of punishment.

Earlier in the meeting, Experts raised a number of issues such as the exoneration of rapists; prostitution and social abuse of children; the right to freedom of opinion with regard to the ownership of radio stations; minimum age for compulsory education; the status of domestic servants; the role of the Government in the failure of the referendum to adopt the constitutional reform; and the right to bearing weapons, among other things.

Formal, written concluding observations and recommendations on the second periodic report of Guatemala will be adopted by the Committee in private and will be released towards the end of its three-week session, which concludes on 27 July.

A three-member Guatemalan delegation was on hand throughout the three meetings to present the report and to answer to questions raised by Committee members. As one of the 148 States parties to the International Covenant on Civil and Political Rights, Guatemala is obligated to submit periodic reports to the Committee on how it was giving effect to the provision of the treaty.

When the Committee reconvenes at 10 a.m. on Thursday, 19 July, it will discuss, in a closed meeting, its draft concluding observations on country reports considered this session. At 3 p.m., it will take up the second periodic report of the Democratic People's Republic of Korea in a public meeting.

Discussion of Guatemalan Report

In follow-up questions, Experts raised a number of issues such as the exoneration of rapists; prostitution and social abuse of children; the right to freedom of opinion with regard to the ownership of radio stations; minimum age for compulsory education; the status of domestic servants; the role of the Government in the failure of the referendum to adopt the constitutional reform; and the right to bearing weapons, among other things.

In response to the questions, the delegation said that the rights of the indigenous population could not be protected properly because the proposal for constitutional reform had not been accepted by the people. The failure of the referendum was attributed to the weak participation of the people; voter turnout was was only 15 per cent. The Government believed in implementing its own models of legislation for the protection of its indigenous population, and not copying foreign laws as had been done in the past.

With respect to the achievements of women, there were no statistics and information available, the delegation said. The causes of the violation of women's rights were numerous, and could not solely be attributed to the war, but still the social structure was not in favour of respect for women's rights.

The Catholic Church had no direct impact on the decisions of the Government. The Church was a social leader, the delegation said. The Government recognized its obligation to protect the right to life of all its citizens. The existing law prohibited the practice of abortion, except in cases in which the life of the mother was in danger. No women had been prosecuted for illegal abortions.

There was a special chapter in the labour law concerning domestic workers, the delegation said; minors could not be employed as domestic servants; and the legal provisions had been strengthened. In addition, labour laws had been improved with regard to women's work, particularly their rights during pregnancy and after delivery; and their maternal leave with pay had been ensured.

Eight years of compulsory education was provided for children, the delegation said. However, the code of child had not come into effect because of problems.

Free expression of opinion had no limit under the Guatemalan law, the delegation said; and the right to freedom of expression was guaranteed constitutionally.

The system of auctioning in the distribution of radio frequencies did not restrict the right to freedom of expression of the population, the delegation said. Radio stations were run by private entrepreneurs and their programmes were disseminated throughout the country. Similarly, the four television channels were run by private companies; this did not affect the freedom of expression.
Guatemalan law did not tolerate any form of concessions relating to rape, the delegation said. Even acts of rape committed by law enforcement agents were not exempted by law.

The possession of arms was recognized as a right by the Constitution, the delegation said. However, strict control of the weapons' calibers and the manner it which it could be carried should be checked. At present, because of the long period of war, it would take more time to control the number of small arms in the hands of the population.

Preliminary Observations on Report of Guatemala

In preliminary observations, Committee Chairperson Prafullachandra Natwarlal Bhagwati said that the report was frank and candid and it had been submitted without much delay. According to the delegation, positive measures had been taken in the field of the administration of justice; special prosecution to deal with threats against judges had been set up; but these measures did not seem to have made any appreciable difference. The report had failed to reveal the concrete human rights situation on the ground; it lacked statistical data and it did not address the concerns of the Committee which were expressed in its concluding observations relating to the initial report of that country.

The Chairperson also said, among other things, that during the last two years, threats against judges had continued, as well as lynching of judges, the last being on 13 March 2001. The activities of the paramilitary groups had continued and several instances of human rights violations were not redressed; investigations of allegations of human rights violations were slow; and there was absence of punishment. It was regrettable that the referendum on a constitutional amendment was defeated by a popular vote; and the extension of the death penalty to acts of kidnapping without death was also to be regretted.



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