Also see the Department of States Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/. On During the dams construction from 1975 to 1985, more than 400 individuals died, and thousands were displaced. Lack of information about the laws implementation made it difficult to assess its impact on improving labor law enforcement. country comparison to the world: 69 UNHCR reported that identification and referral mechanisms for potential asylum seekers were inadequate and requirements to travel to Guatemala City for parts of the process continued to limit access. with at least two cars when traveling outside of Guatemala City. In In July 2020 President Giammattei announced a new 11-member, ministerial-level Presidential Commission for Peace and Human Rights to replace the Presidents Commission, the Secretariat for Peace (created to enact government commitments in the 1996 Peace Accords), and the Secretariat of Agricultural Affairs, which mediates land conflict. Narcotics trafficking is widespread, and large portions of the department are under the influence of drug trafficking organizations. including the most popular tourist destinations such as Antigua and Tikal. Salvatrucha (MS13) all contribute to violent crime. landing and offloading of aircraft transporting large amounts of cocaine. Criminals often look for drivers using cell phones at night and The government did not effectively enforce OSH laws. The hearing was suspended and rescheduled for February 2022. Significant human rights issues included credible reports of: harsh and life-threatening prison conditions; arbitrary arrest and detention; transnational repression against individuals in another country, including threats, harassment, surveillance, coercion, and misuse of international law enforcement tools; serious problems with the Negligence by officers largely resulted from a lack of sufficient training. Former SBS secretary Carlos Rodas and former deputy secretary for protection and shelter services Anahi Keller remained in pretrial detention with four others on charges of murder, abuse of authority, breach of duty, and abuse against minors following the deaths of 41 girls in the 2017 fire at the Hogar Seguro orphanage. The Jewish population numbered approximately 1,500. While the indigenous population constituted an estimated 44 percent of the population, according to the National Institute of Statistics, indigenous representation in national government was minimal. Consider staying in hotels or other lodging facilities that offer secure parking, doormen, and a dedicated and professional security staff. International observers noted boys were prioritized for high school education in rural communities due to the need to travel long distances and girls perceived value in the home. A factory or business owner is not obligated to negotiate a collective bargaining agreement unless at least 25 percent of workers in the factory or business are union members and request negotiations. Narcotics trafficking is widespread, and large portions of the department are under the influence of drug trafficking organizations. with Medication, Im trademarks, including those of some major U.S. food and pharmaceutical brands activity across the country. hours: 0800-1700 Monday-Thursday; 0800-1200 Fridays, Tel: Published by Teresa Romero , Mar 1, 2023. March 2019, Mixco residents caught two males attempting to escape on a NGOs also reported the government, fringe groups, and private entities used threats of legal action as a form of intimidation. The number of violent crimes reported by U.S. citizens and other foreigners has remained high and such crimes have occurred even in areas of Guatemala City once considered safe, such as Zones 10, 14 and 15. Penalties for OSH violations were not commensurate with those for crimes such as negligence. associated with the transport sector and the receipt of extortion payments from Inspections were generally not comprehensive, and if complaint driven, focused on investigating the alleged violation rather than attempting to maximize limited resources to determine compliance beyond the individual complaint. Additionally, these bus lines are prime According to NGOs that work on gender matters, the government reversed progress in recognition and acceptance of sexual and gender diversity, as evidenced by the minister of education cancelling a public-school module that taught sexual diversity and the increased discrimination against sexual education overall as ordered in the Executive Policy of the Protection of Life and the Family announced by President Giammattei in July. The Department of State published a new Travel Advisory for Guatemala on January 24, 2022, upgrading the COVID-19 information from Level 2 (Exercise Increased Caution) to Level 3 (Reconsider Travel) following The Centers for Disease Control and Prevention (CDC)'s release of a Level 3 Travel Health Notice for Guatemala. ramps for people with disabilities, most buildings remain inaccessible. OSACs report, Security The law provides criminal penalties for official corruption, but officials frequently engaged in corrupt practices with impunity. serve jail time, but it does not deter the amount of drunk driving taking place convergence of the Caribbean and North American plates). On January 4, unknown assailants tortured and killed Mayan spiritual guide Jesus Choc Yat in Quiche. The Regional Unit against Trafficking in Persons, responsible for eight departments in the Western Highlands and launched in 2018, expanded the governments investigative capacity against child pornography offenders. It is against the law to turn right on red unless otherwise posted, and The causes of these cancellations included missed court dates by prosecutors and defense attorneys due to sicknesses related to COVID-19, staffing and logistical constraints that prevented the transportation of preventively detained inmates from attending hearings, and the refusal by many court officials, many of whom were advanced in age, to attend hearings in fear of contracting COVID-19. As of November the government had paid approximately 99 percent of the 200 million quetzals ($26 million) in individual reparations to families affected by the dam. Many employers of domestic servants routinely paid less than minimum wage, failed to register their employees with the Guatemalan Institute of Social Security, and demanded 16-hour days for six or more days a week for live-in staff. The law does not extend specific antidiscrimination protections to LGBTQI+ individuals based on their sexual orientation, gender identity or expression, or sex characteristics. of 422 cases reported to the PNC. Travel or prevent tourists from reaching their destination. Office of the Special Envoy for Critical and Emerging Technology, Office of the U.S. The case known as Cooptation of the State continued against former president Otto Perez Molina, former vice president Roxana Baldetti and her chief of staff Juan Carlos Monzon, and dozens of coconspirators for illegal campaign financing, money laundering, and illegal payments for public contracts, among other charges. sporadic police presence in rural areas cause significant underreporting. traffic incidents can escalate quickly to violence. is an annual report produced in conjunction with the Regional Security Office Another 1,242 juvenile inmates were held in three new alternative measures facilities. Many motorists carry Country Council in Guatemala City is active, meeting bi-monthly. evinced a slight downward trend, with a total of 2,351 reported cases compared U.S. government personnel and family members are prohibited from traveling to/throughout the above-mentioned areas for personal travel but are permitted to travel throughout the rest of Guatemala, including tourist destinations such as Tikal, Antigua, Lake Atitln, and Pacific coast areas in the Santa Rosa and Escuintla Departments. This bilateral work between both unstable terrain. existing eruption scenarios. On April 13, the Congressional Executive Board swore in seven of the 10 new Constitutional Court members for the 2021-2026 term starting on April 14. All U.S. government personnel and family members are prohibited from traveling to Huehuetenango Department for personal travel, except for the city of Huehuetenango. but by the end of 2018 had dropped to about 22. The uncertainty caused by the recurring dismissals hurt morale has experienced a number of historically significant earthquakes above 7.0. Mall; the motives for the crime are unknown, but the incident further GENEVA (27 July 2021) - UN rights experts* have expressed concerns over the criminalisation, violations of due process and health rights of an indigenous human rights defender in Guatemala. convergence of the Caribbean and North American plates). In Transit: Airplanes, Public Transport, and Overnights. hosts a Northern Triangle-focused OSAC conference every spring. seismic activity, volcanic eruptions, severe and unpredictable weather, and The Pan American Defense Fund published a report in July on tortilla-making shops in urban centers in five different departments employing underage indigenous girls. Police The situation worsened during the pandemic and labor experts reported on some employers from the apparel industry not providing personal protective equipment and ignoring COVID-19 safety guidelines. This report documents the human rights situation in 149 countries in 2021, as well as providing global and regional analysis. See the Department of States Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/. In view of her consequent loss of immunity after not being sworn in for a new term on the Constitutional Court, Porras departed the country on April 14 and remained abroad as of November 29. It identified more than 60 criminal structures, presented more than 110 casesin which over 680 people were involvedand presented 34 proposals for legal reforms to Guatemala's Congress.. of the Guatemalan Tourism Institute (INGUAT) at 7a Avenida 1-17, Zona 4, Centro page. Cvico, Guatemala City. They were not subject to Social Security and had no way to accumulate credits for health care or pension. The law prohibits all forms of forced or compulsory labor. The government generally respected the protesters rights, although there were some reports of excessive use of force against protesters by government forces. Criminal penalties for forced labor range from eight to 18 years imprisonment and a fine. outside the city is limited. assistance: Fair to poor. On December 10, the government declared the successful conclusion of the ILO 169 consultations with those indigenous groups they designated as participants in the process. Thousands of children and adolescents in the Central American triangle of Guatemala, Honduras and El Salvador are growing up . departments due to crime. Human rights organizations reported sexual harassment was widespread. Would you like to continue with this session or log out? The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, but there were cases of prison officials negligence that allowed prisoners to experience violence and degrading conditions. The ministry also maintained a national alert system for finding disappeared women. Women operates in Guatemala City, Antigua, and some other urban areas. U.S. government personnel in Guatemala may not use There were no government restrictions on academic freedom or cultural events. The judicial system generally failed to provide fair or timely trials due to inefficiency, corruption, and intimidation of judges, prosecutors, and witnesses. Prison conditions were harsh and life threatening, with multiple instances of inmates killing other inmates. Aurora International Airport (GUA) offers direct flights to/from the United Do not physically resist any robbery attempt. Persons with disabilities experienced violence, harassment, intimidation, and abuses, including incidents incited, perpetrated, or condoned by government officials such as police, medical professionals, and personal attendants and staff at institutions. Read the entire Travel Advisory. In January the Cabinet for Social Development officially introduced an executive policy to support the integration of midwives into the health-care system. On October 24, President Giammattei declared a 30-day state of siege in El Estor after dozens of protesters, including environmental defenders and indigenous activists, blocked coal trucks from accessing the mine and clashed with PNC forces who attempted to clear the road for mining traffic. Fifteen cases of reparations remained unresolved. Police investigations often fail to result in an Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively. The number of reported missing persons also Review the. Prominent anticorruption prosecutors were fired or removed from significant cases, and corrupt actors threatened independent judges by filing complaints based on spurious charges to strip them of immunity to prosecution. Their vehicles are Level 2, indicating travelers should exercise increased caution due to crime. bus drivers, extortion threats are also reported in other commercial sections Authorities did not thoroughly investigate most acts of violence and threats and often discarded trade union activity as a motive from the outset of the investigation, allowing these acts to go unprosecuted. emergency services, and medical services barely meet the needs of the of 422 cases reported to the PNC. arrest people found driving under the influence of alcohol/drugs and offenders may Maintenance for these The threats often included harassing mentions of his sexual orientation. Gonzalez Arango, a public leader for the Xinka people in the case of the Pan American Silver Escobal mine, later recovered. homicides reported for 2019. report. the crater. There were also reports of forced child labor in agriculture, production of garments, domestic work, street begging, making corn tortillas, and vending (see section 7.c.). Further reports indicated that online learning resources when available were focused on visually and auditorily impaired students and that few solutions were provided for students with other disabilities. These violations, particularly common in export and agricultural industries, resulted in limiting or denying employees access to the public health system and reducing or underpaying workers pension benefits during their retirement years. Reports indicated police ignored writs of habeas corpus in cases of illegal detention, particularly during neighborhood antigang operations. hire a vetted driver at the kiosk under the SAFE sign. travel from the capital. Mudslides To meet the quota, workers believed themselves compelled to work extra hours, sometimes bringing family members, including children, to help with the work. Observers noted little progress was made in access to voting for persons with disabilities. gang-related extortion operations. Taxi drivers can be equivalent): 110 or "Mr. Bernardo Caal Xl has been criminalised because he, on behalf of his community, took a case all the way to the Supreme Court to try to halt the Oxec . Guatemala The Special Prosecutors Office for Crimes against Judicial Workers and Unionists reported that from January to August, it had received 53 complaints of crimes or offenses against trade unionists and labor activists. According to the OHCHR, there was a significant increase in attacks and incidents of defamation and intimidation against indigenous defenders of indigenous land, territory rights, and natural resources. to the Directorate of Migration, the United States deported 54,160 Guatemalans back ruins such as Tikal do not provide access for disabled people. must also be aware of the high frequency of demonstrations/protests in The workers formed a union and presented their request for notification of the prohibition of termination and their request for certification on August 1 to the Ministry of Labor. suffer from a lack of supplies (e.g. However, We would like to show you a description here but the site won't allow us. The government indicated a more open posture to discussing the issue, framed as a matter of vulnerable or at-risk communities, but critics claimed this definition did not address the full range of causes and effects of the movement of IDPs. Practices for Maximizing Security on Public Wi-Fi, Traveling PROATUR division is available 24/7 for tourist The government does not, however, recognize particular indigenous groups as having a special legal status provided by national law. Guatemala and to mitigate the dangers of volcanic and weather conditions. detain drivers involved in accidents resulting in injury, holding them in The Labor Ministry reopened during the year after closing because of COVID-19 restrictions, but its labor rights enforcement performance did not improve. has a number of infrastructure concerns. In February 2020 Public Ministry investigations found that while in prison on corruption charges, Gustavo Alejos, former chief of staff under then president Alvaro Colom, accepted at least 20 visits from officials associated with the selection process in his hospital ward in the days before the selection committees provided their lists. Doctors and hospitals often lies on a major fault line known as the Motagua/Chixoy-Polochic fault complex (the Unlicensed taxis and taxi companies serve metropolitan areas. There were no reports of political prisoners or detainees. groups and with a guide is still highly advisable to reduce the risk of assault violence, a heavily armed population, and a police/judicial system unable to The law establishes penalties for femicide of 25 to 50 years in prison without the possibility of reducing the sentence; however, femicide remained a significant problem. The There was general societal discrimination against LGBTQI+ persons in access to education, health care, employment, and housing. However, The Ministry of Labor conducted some inspections to monitor compliance with minimum wage law provisions but often lacked the means of transportation for proper enforcement. Kidnappings Be aware of your surroundings and avoid walking or driving at night. homicide rates 8-16% higher than police homicide rates. Public hospitals frequently experience serious The judiciary also operated specialized courts for violence against women throughout the country, but not in every department. Rural The law provides for access to lawyers and bail for most crimes. Voting in braille existed, but it did not guarantee secret voting. Petn, as well as between Tikal and the Belize border. the lake. aircraft in Guatemala does not meet International Standardization Organization Central America, the trend has been positive over the past several years. Overcrowding was common in both private and SBS shelters, and government funding for orphanages remained limited. Persons with disabilities, especially underrepresented groups, experienced higher levels of violence and abuse, including sexual assault. Independent Monitoring: The government permitted visits by local and international human rights groups, the Organization of American States, public defenders, and religious groups. In 2022, there were more than 17 homicides per 100,000 inhabitants in Guatemala, the second consecutive increase. Illegal drug sales and use were widespread. Penalties were not commensurate with laws related to civil rights, such as election interference. of schedule. members and imitators will use various types of social media to threaten their targets LGBTQI+ groups claimed lesbian, bisexual, and queer women experienced specific forms of discrimination, such as forced marriages and corrective rape intended to cause pregnancy, although these incidents were rarely, if ever, reported to authorities. OSAC encourages travelers to use this report to gain baseline knowledge of security conditions in Guatemala. seismic events, 85 of which were seismic movements measuring 3.5 or higher. The law prohibits child pornography and establishes penalties of six to 10 years in prison for producing, promoting, and selling child pornography and two to four years imprisonment for possessing it. Satellite Taxis The law requires officers to hold at least a high school degree, but they often had much less, and some individuals had as little as six months of police training before being sent out on the streets. The government did not effectively enforce the law, a situation exacerbated by the weakness of the labor inspectorate and labor court systems. After being inactive in the first quarter of 2020, the National Tripartite Commission met virtually after March 2020. vaccines and health guidance for. particularly serious concern in less-developed regions of the country is There Visitors are strongly advised to avoid swimming in the Pacific Ocean, since currents and undertows are strong, and beaches lack adequate lifeguards or emergency response. Departments webpage on security for travelers On May 12, the special prosecutor against impunity presented formal charges against former member of congress Alejandro Sinibaldi in the Transurbano case. At least 160 women have been killed in the first four months of 2021 in Guatemala more than one per day. Rape and other sexual offenses remained serious problems. If you wish to remain on travel.state.gov, click the "cancel" message. An undetermined number of dismissed employees returned to their previous employers as conditions stabilized. OSACs reports, Road Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. for an available Uber; expect the driver to request that a passenger ride in Guatemala He was released on June 11 pending a hearing on the charges of irregularities related to the documents he submitted to register a political party. The law does not prohibit discrimination in access to credit based on gender. In 2018 the Constitutional Court ordered the Ministry of Energy and Mines to hold ILO Convention 169-compliant consultations with Xinka populations and upheld the suspension of the operating license of the San Rafael Mine until after conclusion of the consultations. The law prohibits workers from working more than 12 hours a day. The Public Ministry, acting independently of the executive branch but dependent on funding approved by congress, may initiate criminal proceedings on its own or in response to a complaint. Congress refused to seat re-elected independent incumbent Constitutional Court magistrate Gloria Porras, citing a provisional injunction. Trade union leaders and human rights groups reported employers required workers to work overtime without legally mandated premium pay. The ministry established a hotline to receive complaints, but workers stated that often no one answered their calls. to 2,500 the year prior. Phones: Critical or Contraband? de Transito de Guatemala reported 6,510 motor-vehicle accidents, 1,585 deaths, However, PROVIAL patrols most major A prosecutor reported that in October, after her office removed her from a high-profile corruption case, unknown individuals in unmarked cars photographed her mother and sister outside their houses on several occasions. The local NGO Guatemalan resources make it difficult to combat narcotics trafficking 2021 Country Reports on Human Rights Practices: Guatemala Bureau of Democracy, Human Rights, and Labor Download [1 MB] Translations In this section / EXECUTIVE SUMMARY EXECUTIVE SUMMARY Section 1. The law prohibits the execution of warrants between 6 p.m. and 6 a.m. unless the government has declared a state of siege. INACIF (Instituto Nacional de Ciencias Forenses de Guatemala), Review Castro stated that the judge did not consider as an aggravating circumstance that the murder was motivated by a witchcraft accusation against Choc, when in fact he was a Mayan scholar and researcher of ancient medicinal plants. On January 27, 2019, Guatemala National Police rendered safe an IED Access to education for refugees was difficult due to the countrys onerous requirements for access to formal education, including documentation from the country of origin, although a mechanism existed to allow asylum seekers who might not have full documentation of prior education to be integrated into the education system. groups should request security escorts. Prepare a contingency plan for emergency situations. extortion fees to the gang. Guatemala historically has had one of the highest violent crime rates in This Request security escorts, which are available for tourist groups, from the Guatemalan Tourism Institute (. protective custody pending investigation. Safety Abroad. NGOs claimed admittance procedures for LGBTQI+ prisoners were not implemented, noting particular concern regarding procedures for transgender individuals. common victims. The Public Ministry maintained a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection.
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