Click Here for Larger Image >> Gang members hang out at the courtyard inside El Hoyon prison, in Escuintla, Guatemala, Aug. 22, 2005. A string of violent and mysterious killings targeting gang members and criminals in Guatemala has prompted rumors of a "social cleansing," an effort to weed out undesirable members of society. Some blame police, others point a finger at vigilante groups sick of rising crime. Police say rival gangs are responsible. (AP Photo/Rodrigo Abd)

In 2005, the Human Rights Ombudsman's Office discovered millions of documents archiving the human rights abuses that occurred at the hands of security forces during the civil war. More recently, the Human Rights Ombudsman's Office has been working to make these archives public and hold the people guilty of the crimes accountable; however, as a result, staff members received threats and were attacked. The wife of the Human Rights Ombudsman director was kidnapped and tortured.

In September 2008, well-known environmental activist Yuri Melini, who was working to stop water contamination and the absorption of land in natural reserves, was shot seven times. Fortunately, he survived the ordeal, though he sustained great trauma and physical pain. As of 2009, investigations into the perpetrator(s) of the crime are ongoing, though human rights groups claim there is not enough being done.

In May 2009, lawyer Rodrigo Rosenberg was murdered. Rosenberg, fearing he may be killed, made a video just days before his death where he blamed President Alavaro Colom for his murder. Prior to his death, Rosenberg worked on a case for Khalil Musa, who was a member of the board of directors for the Rural Development Bank Banrural, which is federally owned. As a member of the board, Musa discovered the government was laundering money, creating fake organizations to receive money, and financing companies that were in reality a front for the illegal drug trade. Khalil Musa and his daughter Marjorie Musa were later shot in their car. In the video left behind by Rosenberg, he stated that he was killed for the work he did on the Musa case. President Colom denies any involvement in Rosenberg's death. As of September 2009, investigations were ongoing, with seven people arrested in conjunction with the crime, five of whom were police officers.

Women

In 2008, there were 687 cases of homicide in which women were the victims. In many of these cases, the victims' bodies showed evidence of rape and torture. However, according to the Special Unit for Crimes against Women, cases of rape decreased 10.8 percent from 2007. In April 2008, the government passed the law against femicide and other forms of violence against women, which seeks to punish those who commit physical, economical, and psychological violence against women. Although Guatemala has seen positive steps toward preventing violence against women, according to the U.N. commissioner for human rights, there is a culture of blaming the victim for crimes and a failure to effectively investigate crimes with female victims.

Women also face workplace discrimination. They are generally concentrated in low-wage jobs in agriculture, retail, textiles, apparel, government, and the informal sector, where they receive lower wages. Women are also not given management positions as often as men.

Children

The children of Guatemala face dire conditions, including the lack of proper education and nutrition. According to UNICEF, children in Guatemala have one of the worst nutritional diets in the region, with 23 percent of children between the ages of 3 months and 5 years living malnourished. In addition, approximately 50 percent (3.7 million) children live in poverty. However, the government of Guatemala is making positive steps toward improving the lives of children in the country, including the recent establishment of the Food and Nutritional Security Secretariat that aims to eradicate malnutrition.

Although the government has created universal access to education, many children never complete school. According to the Ministry of Education, 42 percent of children who attended first grade did not finish sixth grade, and 45 percent of those who attended seventh grade did not finish ninth grade. There is a decrease in school attendance for children living in rural areas and children from indigenous families, compared to those living in urban areas. However, the Ministry of Education recently promised to increase the funding for schools and provide financial aid in the form of scholarships to underprivileged children. Children often do not finish school because they must get a job to help provide for themselves or their families. UNICEF estimates that 23 percent of children between the ages of 7 and 16 are part of the work force.

Children are all too often subjected to abuse and exploitation. The Secretariat of Social Welfare received 504 child protection cases in 2008, but the public welfare system of the country does not receive adequate funding to meet the needs of disadvantaged children. According to the U.S. State Department, 3,000 children are living on the streets of Guatemala City, many vulnerable to gang recruitment. Children are often recruited and made to steal, transport contraband, participate in prostitution, or involve themselves with illegal drugs. Approximately 3,000 children in the country are part of a gang.

Sexual exploitation and trafficking are also serious problems. Children between the ages of 8 and 14 are usually sold for approximately 750 to 1,500 quetzales, or 97 to 194 U.S. dollars. The children are used for labor or sexual exploitation. The Public Ministry's Special Unit Against Trafficking received 136 cases in 2008, but their work resulted in the sentencing of only one person. The unit cannot adequately combat human trafficking because it does not have enough staff, and it is underfunded. However, the government recently established a National Plan of Action, which focuses on child protection.

Prison Conditions/Judicial System

The prisons of Guatemala are substandard, lacking security, medical facilities, and adequate food. The U.S. State Department reported prisons are overcrowded, with 8,242 people living in 19 prisons with a capacity for only 6,974 people. Violence and drugs are serious problems infecting prisons, with 16 percent of prisoners belonging to a gang.

Although Guatemala promises certain judicial rights, like fair trials, representation by a lawyer, and the presumption of innocence, the court system is saturated with corruption and people are often denied their rights. For those who are illegally detained, police often ignore their right to habeas corpus. The right to a fair and speedy trial is often hindered by the ineffectiveness of the court system, corruption, inadequate personnel, and a deficiency in funds. Making matters worse, judges, prosecutors, and plaintiffs are sometimes manipulated by government officials and other individuals in powerful positions. If not subjected to manipulation, they, along with witnesses, are sometimes victims of intimidation and threats. As a result, many crimes go without investigations and with few convictions. According to the CICIG, only 7 percent of murders end in a conviction.

The National Civilian Police (PNC, acronym based on Spanish name) is riddled with corruption and inadequacies. In 2008, the Office of Professional Responsibility received 1,510 complaints of police unlawfulness, including 12 on killings, seven disappearances, nine kidnappings, 119 thefts, and seven rapes. Many of these complaints were sent to the Public Ministry; however, very few trials resulted. The police have also been accused of abuse, torture, kidnapping for ransom, and using excessive force. In addition, police sometimes threaten to bring fake drug charges against prostitutes, unless they give sexual favors or money. Homosexuals and transgendered people are also victims of harassment and threats from the police.

Despite allegations of mistreatment, many police officers are transferred to another area and never receive an investigation. According to the U.S. State Department, the PNC is understaffed, ill-trained, and lacking adequate funding. As a result of the inefficiencies of the police, citizens began taking it upon themselves to stop crime by killing people they believe to be members of gangs, kidnappers, or drug dealers.

Press Freedoms

In general, the government respects freedom of the press, with several independent and international media outlets working in the country. Conversely, four national TV channels operate in Guatemala, all of which have the same owner. These channels generally produce information that is favorable toward the government; as a result, they have been criticized for being biased.

Journalists face intimidation tactics such as threats and attacks that impede their ability to work. The Special Prosecutor's Unit for Crimes Against Journalists and Unionists reported 35 complaints from journalists of intimidation and attacks. The U.N Development Program lists Guatemala as one of its countries at risk for journalists. According to Reporters Without Borders, journalists who report on the corruption of the government are more prone to attacks.

In May 2008, Jorge Merida Perez, a journalist for Prensa Libre, was killed by a gunman at his home in Coatepeque, Quetzaltenago. At the time of his death, Perez was exposing corruption in Coatepeque and researching the mayor's connection with the illegal drug trade. Unfortunately, this is only one of several incidents where a journalist was killed for her/his work.

Labor

Although Guatemala has laws meant to regulate labor and provide humane conditions for workers, employers do not always comply with the law. The minimum wage in Guatemala is 52 quetzales (USD 6.73); however, two people working on minimum wage could not make enough money to support the average family. In the informal sector, most people do not receive minimum wage, and over half of the people working in rural areas do not receive the wages, benefits, and social security promised to them by law.

The law limits a workweek to 48 hours, with one paid 24-hour period without work per week. However, this does not apply to domestic labor, and people are often forced to work overtime without compensation. Labor laws are difficult to enforce because of the insufficient labor court systems, poor fines, and employers preventing inspectors from entering businesses to assess the working conditions. When the labor courts make a decision, companies often do not comply and threaten workers who try to enforce the decision. In addition, standards of health and safety are not met by companies, and accidents resulting in injury or death are rarely investigated.

Workers have the right to establish labor unions; however, leaders and unionists are often under attack, facing threats, bodily harm, and death. According to advocacy groups, the killing of trade union activists and their families has increased since 2007.

Drugs

The illegal drug trade is a severe problem in Guatemala with more than 400 metric tons of South American cocaine coming through the country every year. Because of the corruption and inefficiencies of the Guatemalan government, Mexican drug lords are taking their business to Guatemala, where the border is rural, and the police of the Pacific and Mexican coast are unable to deal with the drug problem.

Although the government has immense problems handling drug trafficking, some policies have been implemented to curtail drugs in the country. A new law was created in regard to the incineration of drugs, which uniforms the process for incineration, quickens processing times and trials, and allows for stronger cases. An aerial anti-drug and terrorism program was also created, with four helicopters to help combat drug trafficking. Despite these new laws, only a fraction of the drugs that come through the country have been confiscated, and no major drug traffickers have been convicted for their crimes.

U.S. Policy

The United States generally has strong relations with Guatemala. The main goals of the United States are supporting democracy and the peace accords as well as promoting human rights and the CICIG. In addition, the United States encourages broad-based economic growth, sustainable development, as well as cooperative and beneficial trade, with strong commercial relations, while also working to end money laundering, corruption, narcotics trafficking, and alien-smuggling. Finally, the United States also supports resolutions that define territorial disputes in an effort to encourage Central American integration.

The U.S. Agency for International Development (USAID) has a strong presence in Guatemala. Currently, USAID is working to expand upon the economy and make it a strong trading partner. The main objectives of the USAID program, modeled after the Millennium Challenge Account areas, are to help Guatemala rule in a just manner, with economic liberty while investing in its people.

Updated November 2009