Open letter by European parlamentarians raising concerns regarding the deteriorating situation of human rights in Guatemala
European Parliament
Brussels, April 18, 2018
Mr. Jimmy Morales Cabrera
President of the Republic of Guatemala
Ms. Sandra Erica Jovel Polanco
Minister of Foreign Affairs in the Republic of Guatemala
Mr. Jorge Skinner-Klée Arenales
Ambassador of the Republic of Guatemalabefore the European Union
CC: Mr. Stefano Gatto, Head of the European Union Delegation in Guatemala
Mr. President, Madam Minister, Mr. Ambassador:
We the undersigned Members of the European Parliament respectfully writeto you today to express our concern regarding the human rights situation inGuatemala, and in particular the situation for human rights defenders. We dothis bearing in mind the important role defenders play in strengtheningdemocracy and the Rule of Law from their different spheres of action, andtaking into account the commitment that the international community, includingthe EU, has acquired to protect human rights defenders around the world.
On February 16, 2017, the European Parliament unanimously adopted aresolution expressing our concerns about the situation of human rightsdefenders in Guatemala. This resolution included, among other issues, areminder of the need to develop a public policy to protect human rights defenders,in line with the 2014 Sentence issued by the Inter-American Court of HumanRights. Equally, the resolution highlighted the need to undertake a reform ofthe justice system and to continue making progress in the fight againstimpunity and corruption in Guatemala.
According to information we have received as Members of the EuropeanParliament, since this resolution was approved there have been a number eventsand occurrences which imply that there has been a deterioration of the humanrights situation in the country.
In the first place, we regret that the severity and intensity ofaggressions against human rights defenders have increased; a pattern which hasbeen consolidated during the last two years in particular. For example,according to figures from UDEFEGUA, in 2017 a total of 483 acts of aggressionwere recorded against defenders, including 53 killings.
Also of concern is the campaign to delegitimise and attack institutionslinked to the defence of human rights, including in particular theInternational Commission against Impunity in Guatemala (Comisión Internacional Contra la Impunidad en Guatemala - CICIG) andattempts to oust its Commissioner, Mr. Iván Velásquez, and also attacks againstthe Office of the Human Rights Ombudsman (Procuraduríade Derechos Humanos - PDH), the Public Prosecutor’s Office, and justice operators,including the attempted murder of Human Rights Prosecutor Sonia Montes onFebruary 15 this year.
In the European Parliament we regret that rather than making determinedprogress to fulfil Guatemala’s commitments before the international community,the current legislative agenda includes several bills which contain significantsetbacks to human rights.
Instead of committing decisively to measures such as the development ofa public policy for the protection of defenders or the development of aNational Action Plan on Business and Human Rights in Guatemala, we noteparticularly the risk of a restriction on the right to defend human rights inGuatemala, via the following legislative proposals: the Law on Non-GovernmentalDevelopment Organisations, whose articles do not comply with internationalstandards regarding freedom of association; the reform to the description ofthe crime of terrorism in the Penal Code, as its wording classifies asterrorism actions that are included as part of the rights to freedom ofexpression and peaceful demonstration. We are also concerned about the proposalto reform Decree number 145-96 relating to the Law on National Reconciliation,that seeks to grant amnesty to all crimes committed during the internal armedconflict, including crimes against humanity, genocide, torture and forceddisappearance, which goes against international human rights standards.
Finally, as MEPs we reiterate our steadfast commitment to the fightagainst impunity and corruption as central elements to improve the situationfor human rights defenders and, consequently, the general human rightssituation in the country.
Indeed, we would like to expressly recognise the role that the CICIG hascarried out and continues to carry out in Guatemala. Moreover, we echo the callof United Nations Special Rapporteur on the independence of judges and lawyers,Mr. Diego García-Sayán, and we urge Guatemala to guarantee a transparentselection of the new Public Prosecutor based on strict, clear and objectivecriteria to evaluate the integrity and suitability of the candidates for therole, so as to demonstrate the unequivocal country’s commitment to a determinedfight against impunity.
We reiterate our highest esteem for the Republic of Guatemala, and wesend our kindest regards.
1. ALBIOL, Marina (GUE/NGL, Spain)
2. ANDERSON, Martina (GUE/NGL, United Kingdom)
3. BENITO ZILUAGA, Xabier (GUE/NGL, Spain)
4. BILBAOBARANDICA, Izaskun (ALDE, Spain)
5. BOYLAN, Lynn(GUE/NGL, Ireland)
6. CARTHY, Matt(GUE/NGL, Ireland)
7. CHILDERS, Nessa (S&D, Ireland)
8. CORRAO,Ignazio (EFDD, Italy)
9. CROWLEY, Brian (ECR, Ireland)
10. GONZÁLEZ PEÑAS, Tania (GUE/NGL, Spain)
11. HENKEL, Hans-Olaf (ECR, Germany)
12. NI RIADA, Liadh (GUE/NGL, Ireland)
13. SÁNCHEZ CALDENTEY, Lola (GUE/NGL, Spain)
14. TORRESMARTÍNEZ, Estefanía (GUE/NGL, Spain)
15. URBÁN CRESPO, Miguel (GUE/NGL, Spain)
16. VALERO, Bodil (GREENS/EFA, Sweden)
17. VERGIAT,Marie-Christine (GUE/NGL, France)