UN Human Rights Chief Volker Türk concludes official visit to Guatemala

I am today ending my official visit to Guatemala. A multi-ethnic country, with a rich ancestral culture, with which my Office has a long and deep-rooted relationship.

It was a priority for me to come to Guatemala at a crucial moment in its history, and to support the country in its efforts to strengthen democracy, the rule of law, to fight against corruption and establish a clear and transformative human rights agenda.

What happened during the 2023 electoral period has been of utmost concern to me. I feared that the regressive forces who had co-opted the State structures would also succeed in overturning the popular will expressed at the ballot box. The efforts and determination of many sectors of the society, especially the 106-day mobilization of Indigenous Peoples and social movements, have been successful in preserving democracy and the rule of law. It was an honour to meet some of them this week.

I am particularly pleased to see how Guatemalans are aware of their rights.

I am also encouraged by the actions of some of the private sector representatives I met, who are implementing environmentally friendly production processes, and who use the United Nations Guiding Principles on Business and Human Rights to guide their activities. I encourage other private sector businesses to do the same.

During my visit, I saw the firm commitment of President Bernardo Arévalo’s Government to the rule of law, democracy, and human rights. I am pleased to see the human rights agenda as part of the Executive's programmes and activities. And that among its priorities is the creation of an effective mechanism for the protection of human rights defenders.

However, for a State to function, the three powers must work in harmony. So far, this is not happening. There is enormous polarization between State institutions. Public opinion is highly fragmented. Corruption levels remain very high. Mistrust between different groups is growing.

As one human rights defender I met told me: "Democracy is still in danger. We must do whatever is necessary to change the status quo". I fully agree with this assessment. Maintaining the status quo is not sustainable and benefits no one.

I conveyed this message to all interlocutors I met.

We need to broaden our perspective and think long term. We must believe that a better future exists and that it is about rebuilding trust, rebuilding bridges, and joining forces to overcome the challenges, for the benefit of society as a whole.

To achieve this, we need to change the parameters. Institutions must move away from protecting themselves in order to protect the people.

All laws to be adopted must respect international human rights standards. I conveyed this to the members of Congress I met with.

And it is necessary to address some of the country's main problems, including high levels of inequality, so that young people decide to stay and commit to the building of their own country, rather than choosing the path of emigration.

Another major challenge is gender inequality and violence against women and girls. Guatemalan women suffer from a huge gender gap in all aspects, especially with regard to being equally represented in State institutions.

"We need specific public policies to stop being rendered invisible", a woman human rights defender told me. Other women advocated for quota policies and gender parity at all State levels. Change is possible and it is already happening. An example of that is the appointment by President Arévalo of six women governors.

The structural discrimination, and the levels of racism and inequality faced by the Indigenous Maya, Xinka, and Garifuna Peoples, as well as by people of African descent - which constitute the majority of the country’s population -, is devastating. It is one of the most pressing challenges. I am particularly concerned about the high number of evictions which are currently happening. The dispossession of their lands is a scourge that has worsened in recent years. The lack of recognition of their collective rights is another pending issue. Access to justice and the lack of basic services are other pending issues.

Discrimination also affects LGBTIQ+ people and people with disabilities, as well as other groups in situations of vulnerability. I call for more public policies to address effectively all forms of discrimination and guarantee the full enjoyment of rights, on an equal basis.

I am deeply concerned about the misuse of criminal law to persecute human rights defenders, justice officials, journalists, students and indigenous authorities.

It is a pattern that has troubled me for years, including before I became UN High Commissioner for Human Rights, but which I now find highly alarming.

Dozens have been criminalized and face judicial proceedings based on spurious grounds. More than 50 individuals have been forced to leave the country due to fears for their safety and live in exile as refugees. They are  victims of persecution, and their cases are a matter of international concern and an issue of accountability for human rights violations.

I urge the Attorney General to adopt the necessary measures so that this persecution ends immediately. All those in exile should be able to return immediately and in safe conditions.

It is particularly regrettable that the people being persecuted are those who are trying try to fight corruption or expose it, as well as those fighting to ensure that serious human rights violations that occurred in the context of the internal armed conflict (1960-1996) do not go unpunished.

Another pending issue is the lack of progress in the search for justice, in particular the trials related to the internal armed conflict.

The provisions of the Peace Accords have not been fully implemented, especially the guarantees of non-repetition. This is why I am concerned about the case of the "Alaska Summit Massacre" in 2012, in which seven people died and dozens were seriously injured when the army opened fire on a peaceful demonstration, and that it took nearly 12 years for this case to come to trial.

The renewal of the judiciary to strengthen its independence is also urgent. A unique opportunity for this is the election of judges of the Supreme Court of Justice and the Court of Appeal, scheduled for next October. All eyes are on the selection of these judges. It is essential for this election process to be carried out in full transparency, strictly respecting judicial independence and implementing the highest international standards. These judges will be crucial to return to the path of the rule of law.

The challenges are manifold, but I leave reassured that the willingness of the Government, the vitality of civil society, the participation of Indigenous Peoples and the support of the private sector can reverse the course of the last decades and improve the promotion and protection of human rights in Guatemala.

I also encourage the international community to continue supporting the Government’s efforts in this regard.

*During his visit, the High Commissioner met with President Bernardo Arévalo and other senior government officials, as well as members of the judiciary and Congress, and the Ombudsperson. He also met with indigenous leaders, civil society organisations, representatives of the private sector and members of the diplomatic corps and UN entities. In addition to Guatemala City, the High Commissioner went to Totonicapán, where he met with indigenous authorities.