Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/guatemal.txu

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TITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995




On January 19, unknown persons purposely set fire to the
judicial records building in Santa Cruz De Quiche, which held
numerous files regarding PAC abuses.  Quiche Judge Francisco
Perez stated that just before the fire he received threats from
Joyabaj PAC members attempting to persuade him to release two
of its members charged with committing multiple crimes,
including the deaths of numerous persons.

Corruption continues to plague the proper functioning of the
police force.  On June 25, a live grenade was tossed at the
residence of anticorruption transit police chief Ernesto Ruiz
Saenz De Tejada.  Ruiz was not injured in this attack, but he
resigned from the police force shortly afterward.

There are no known political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides for the inviolability of home,
correspondence, and private documents, but the authorities do
not always respect these provisions.  Elements of the security
forces continue to monitor private communications.  Many human
rights monitors reported receiving threats in the form of
surveillance, telephone calls, and anonymous letters.

On March 11, a year after an arrest warrant had been issued,
Juan Jose Garcia Orellana, a postal control officer charged
with operating a mail espionage ring in the post office for the
presidential security staff under the Serrano administration,
turned himself in to judicial authorities.  The authorities are
still gathering evidence in this case.

Through July, officials enforcing the military draft continued
to stop vehicles and enter homes and places of business without
legally required court orders.  Prior to August, under
recruitment practices adopted in some departments, potential
draftees receive three induction notices, after which they are
arrested if they do not report for enlistment.  Under the law,
such arrests must be effected pursuant to a court order.

On June 14, Amilcar Mendez, the founder of CERJ, filed a
lawsuit against Defense Minister Enriquez charging that the
armed forces' forced recruitment practices violated
constitutional provisions regarding obligatory military
service.  However, a court ruled the judicial branch did not
have jurisdiction over this matter because the Minister of
Defense had immunity from prosecution, which only Congress
could remove.  It referred the immunity question to the
Congress, which ruled that the case lacked legal merit, thus
effectively dismissing the entire lawsuit.

Through July 30, the Archbishop's human rights office handled
89 individual cases of forced recruitment.  In the same period,
the Human Rights Ombudsman's office reported receiving 663
complaints of forced recruitment.  The office obtained the
release of 268 persons from military service, of whom 79 were
minors.  On June 29, Defense Minister General Enriquez
announced a 6-month moratorium on forced recruitment, which was
confirmed by President De Leon during the June 30 Army Day
celebrations.  However, the Ombudsman reported three separate
instances of forced conscription in July.  On August 28, the
Defense Ministry once again ordered a suspension of forced
recruitment; since then, there were no further reports of
forced recruitment.  The army has continued the practice of
setting up draft boards consisting of the zone military
commander, the local representative of the Human Rights
Ombudsman's office, and other civilian leaders.

The Constitution requires that PAC service be voluntary.
However, army officers, military commissioners, and PAC leaders
often pressure men in areas of conflict to become members.
Nevertheless, PAC's do appear to enjoy some popular support; a
majority of respondents in a recent academic survey conducted
for the Human Rights Ombudsman in seven departments claimed to
be pleased with the PAC membership and with the PAC presence in
their communities.  However, some human rights monitors have
charged that PAC members may have felt intimidated by fellow
PAC members and did not give completely candid answers.

In June and July, CERJ filed a legal complaint on behalf of
former PAC member Juan Antonio Chumel with local judicial
authorities and the IACHR stating that since 1988, when Chumel
left the PAC's, PAC members threatened and intimidated Chumel
to the extent that he was forced to leave his community for
fear of his life.  There are other credible reports that others
who refused to serve in the PAC's suffered threats and other
abuses.

     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts

Guatemala's armed internal conflict entered its 34th year and
continued to be a major cause of human rights violations by
both government and guerrilla forces.

Communities of People in Resistance (CPR), groups of displaced
persons who have lived in remote areas to avoid army control
since the 1980's, claimed army harassment throughout the year,
including late evening helicopter overflights and restriction
of commerce.  Reflecting increased security in the valleys, in
February, a number of CPR's came down from the mountains and
established permanent villages.

According to statistics reported by the Archbishop's human
rights office, repeated URNG attacks against civilian
infrastructure targets damaged electrical and communication
facilities and petroleum storage areas.  The Church office
reported two persons injured by exploding mines planted by
guerrillas.  On August 22, guerrillas fired indiscriminately at
a civilian bus injuring 11 persons and killing 1 during an
attack against army units in Chupol, Chichicastenango.  On
various occasions guerrillas have also burned farms and
destroyed property of farm owners who refused to pay extortion.

Terrorist bombings conducted by unknown perpetrators continued
throughout the year.  Before the January 30 national
referendum, 25 explosive devices detonated or were deactivated
in Guatemala City alone.  Several of these devices were
accompanied by URNG leaflets.  Other bomb attacks were believed
to be orchestrated by free-lancing rightist groups opposed to
the referendum.  On March 6 and 7, bombs exploded at two key
bridges leading from the capital.  The army and the URNG
accused each other of planting the bombs.  On September 1, two
more pamphlet bombs exploded in the capital, releasing URNG
literature.  The home of a businessman and partial owner of the
newsweekly Cronica was bombed in June.  (He is the brother of
former peace talks conciliator and current president of the
Civil Society Assembly, Bishop Rodolfo Quezada.)  On September
22, three bombs went off in residential zones, killing one
child who was watching cars in exchange for tips.  On several
occasions death threat lists, including the names of human
rights and labor leaders and newspaper journalists, circulated,
but no one listed was injured or killed.

On August 12, a lower court judge dismissed the amnesty granted
four recently captured URNG guerrillas.  However, these
guerrillas were freed under a Penal Code provision, a move
considered legally controversial.  It had been common
government practice to excuse post-1988 crimes committed by
guerrillas even though the Amnesty Law only applies to
political and related crimes committed before 1988.  The
Government appealed this decision and is considering new
amnesty legislation to cover crimes committed after 1988.  The
URNG claims it holds no prisoners.

The army continued to deny it has ever held guerrilla leader
Efrain "Everardo" Bamaca or 35 other URNG prisoners of war as
claimed by the American citizen wife of Bamaca.  According to
army spokespersons, Bamaca was killed in battle.  The
Government denies holding prisoners clandestinely.  The
Government also denies reports the U.S. Government received
that the army took Efrain Bamaca captive in March 1992.  Those
reports indicated he had been wounded but that his injuries
were not life-threatening.  The reports included no information
to indicate that he was alive much beyond the first few weeks
after his capture.  The Guatemalan Government filed a writ of
habeas corpus on Bamaca's behalf, and the Supreme Court
assigned the Human Rights Ombudsman to conduct a special 30-day
investigation into the disappearance.  The Ombudsman developed
no new leads and turned responsibility for the investigation
back to the Attorney General.  The United Nations Verification
Mission, MINUGUA, is assisting in the investigation.

In January the URNG and the Government resumed peace talks with
the United Nations serving as moderator.  In late March, the
Government and the guerrillas signed a human rights accord that
called for the immediate establishment of a U.N. human rights
verification mission.  Although the start-up of this
international mission was delayed until September, the accord
was a major step forward.  As part of its mandate, the U.N.
team will seek to strengthen local institutions dealing with
human rights.  In November and December, MINUGUA accompanied
Human Rights Ombudsman officials inspecting army bases,
witnessing the turning in of rifles by PAC members and other
human rights-related activity.  Also in March, the Government
and the URNG agreed upon a calendar to address the major
outstanding negotiating issues.  In June the two sides signed
accords on "uprooted" peoples and the establishment of a
Historical Clarification Commission to catalog and analyze
human rights abuses related to the guerrilla war.  However, the
Commission will not name past violators, and its findings will
not have judicial force.  Following signing of this accord,
talks fell into a temporary hiatus.  They resumed in late
October to discuss indigenous rights.  No agreement was reached
on this issue by the end of the year.

MINUGUA reported that, on December 20, men identified by local
residents as military commissioners and their assistants
threatened MINUGUA officers and human rights activists during a
meeting in Tecpan, Chimaltenango.  During the meeting, one of
the armed men grabbed activist Eliseo Calel and beat him.
Calel had been pressing authorities to investigate and
prosecute those responsible for the August 1 death of
Chimaltenango activist Pascual Serech and the August 20 murder
of the judge handling the case, Elias Ogaldez.  Ogaldez had
ordered the arrest of a military commissioner alleged to have
been involved in Serech's death.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of expression.  There was
no evidence of harassment from senior government officials, but
both major press associations denounced incidents restricting
freedom of the press.  The media reported sensitive issues such
as corruption, as well as major human rights stories.  They
also publicized communiques from the URNG, leftist groups, and
others opposed to the Government or its policies.  Journalists
admit, however, that pressure and fears of reprisal result in
self-censorship and limits on investigative reporting.  For
example, there is no open criticism of the military nor is
there open discussion of important issues such as land use,
land ownership, or similar topics that would affect the
interests of powerful economic groups and individuals.  Reports
on human rights and narcotic trafficking are carefully written
and sourced so that neither journalists nor their institutions
are put at risk.  Radio and television station owners observe
that licensing procedures potentially give the government
powerful leverage over their editorial policies, but they have
not cited any instances in which the De Leon Government
attempted to abuse this power.

Continuing acts of political violence directed against
journalists give credence to their complaints of pressure and
coercion at the working level.  Through November the
Archbishop's human rights office recorded 25 separate political
acts against the media:  2 extrajudicial killings, 5 assaults,
and 18 intimidating acts.  On March 26, unknown men fired shots
at newspaper reporter Marco Tulio De la Roca, killing him and
injuring his companion.  Unknown perpetrators targeted
journalist Hector Adolfo Barrera Ortiz, first by a bomb
explosion outside his home and later by a kidnaping attempt
while at work.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for the right of peaceful assembly
and association.  Peaceful demonstrations were common and
demonstrators sometimes occupied government institutions,
including the presidential palace, government ministries, and
the Supreme Court building.  In all these cases, the police
acted with restraint, and the authorities negotiated a peaceful
departure of demonstrators.  The Government did not interfere
with political associations, although the law nominally
requires organizations to obtain legal status, a cumbersome and
expensive procedure.

     c.  Freedom of Religion

The Constitution provides for religious freedom, and the
authorities respect it in practice.  Religious personnel are
sometimes threatened on political grounds for their human
rights, indigenous rights, and land reform activities.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government does not restrict foreign travel, nor does it
revoke citizenship for political reasons.  The authorities did
not restrict movement inside the country except where the army
and PAC's limited travel in some areas of conflict.  Guerrillas
continued to establish roadblocks to rob private citizens,
extort protection payments from businessmen, attack and drain
petroleum trucks, and limit travel in certain rural areas.

Voluntary repatriation of refugees from Mexico continued.
According to the United Nations High Commissioner for Refugees
(UNHCR), 6,011 refugees were repatriated to Guatemala in 1994.
Since the initiation of the program, over 18,000 persons have
returned, despite the lack of suitable land which can support
the returning population.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens have the right to change their government by peaceful
and democratic means, through secret ballot and universal
suffrage for those 18 years of age and older.  Members of the
armed forces and police may not vote.  Since the return to
democracy and civilian rule in 1985, there have been seven free
elections.  International observers concluded that both the
January 30 national referendum and the August 14 congressional
elections were free and fair.

There are no legal impediments to women's participation in
politics, but women are underrepresented in the political
arena.  However, women do hold prominent political positions,
including three cabinet posts.  The first President of the
newly elected Congress was a woman, and 5 other women hold
seats in the 80-member body.  There are also two female Supreme
Court justices and one female Constitutional Court justice.

Indigenous people enjoy equal rights under the Constitution,
and some have attained positions as army officers (including
one general), judges, and government officials, including a
Cabinet member and five members of the newly elected Congress.
Nevertheless, limited educational opportunity and pervasive
discrimination (see Section 5) lead to their underrepresentation
in politics.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Government permits local human rights groups to operate
freely, but the security forces, PAC's, and extremist groups
continued to threaten and use violence against their members.
For example, on January 24 human rights monitor Amilcar Mendez
reported that a masked motorcyclist tried to run over his
16-year-old daughter, Miriam Rocio Mendez, who was en route to
the University of San Carlos.  The daughter was uninjured.
Five months later on June 29, the Mendez family reported there
were armed men outside his home.  However, when the police were
dispatched to the scene, the armed men had left.  In August an
unknown person called a Mendez relative in Guatemala City
stating that Mendez should not return to his home in Quiche
because he would be killed.

Rosalina Tuyuc, director of CONAVIGUA, the National Council of
Guatemalan Widows, reported that during June and July armed
soldiers repeatedly were stationed outside her parents' home in
Chimaltenango.  Throughout the year, the army has accused Tuyuc
and CONAVIGUA of being allied with the guerrillas.  The army
also charged that one of Tuyuc's brothers is a guerrilla
commander who engineered recent guerrilla attacks.  On June 22,
unknown men attacked, stabbed, and robbed Sara Poroj Vasquez,
an officer of the human rights organization GAM, "Grupo De
Apoyo Mutuo", outside her home.  No one was apprehended for
this attack.

Disturbed by political activities of some foreign visitors,
immigration authorities in late November began limiting U.S.,
Canadian, and Spanish visitors to 15-day stays (as opposed to
90 days previously).  When embassies and individuals protested,
the Government decided to issue all foreign visitors 30-day
stays.

Relations between the executive branch and the Human Rights
Ombudsman, who is congressionally appointed, remain tense.  The
Ombudsman repeatedly accused President De Leon, the previous
human rights ombudsman, of not taking action on the numerous
resolutions his office has issued concerning human rights.
However, the current Ombudsman has significantly reduced his
investigative staff, thus limiting his capacity to verify
complaints.  On September 7, the Ombudsman called for the
resignation of the National Police director because of
allegations of police abuse in the La Exacta incident (see
Section 1.a.).

High-ranking government officials working in the fields of
human rights and jurisprudence complained publicly and
privately of receiving threats stemming from their interest in
resolving cases related to human rights violations, official
corruption, and drug trafficking.

Both the Ombudsman's office and the Archbishop's human rights
office continued to enjoy widespread public support and
respect.  Senior government officials met numerous foreign
officials and human rights monitors.  International human
rights monitors travel throughout the country but on occasion
advise local military authorities of their presence to ensure
their safety, particularly in rural areas.  Despite a
persistent, 13-year effort, Peace Brigades International, an
international human rights organization which accompanies
persons whose lives may be in danger for their political
beliefs or activities, has been unable to obtain government
recognition.  The absence of legal status did not, however,
prevent Peace Brigades or other human rights organizations from
operating openly.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution states that all human beings are free and
equal in dignity and rights and that the State must protect the
life, liberty, justice, security, peace, and development of all
Guatemalans.

     Women

The Constitution asserts the principle of equality between the
sexes.  Nonetheless, women face job discrimination and on
average receive significantly lower pay than men.  They are
primarily employed in low-wage jobs in the textile industry,
agriculture, retail business, and the public sector.  More
working women than men are employed in the informal sector of
the economy, where pay and benefits are generally lower.  A
1989 survey reported that in Guatemala City women are
underrepresented in high-income categories and overrepresented
among poorly paid workers.

In some cases, domestic laws remain discriminatory against
women, such as the Penal Code's provisions on adultery.  Only
women may be charged with adultery, while men fall under a
different statute which is more limited, makes it more
difficult to prove, and carries a lesser penalty.

CONAVIGUA reported that violence against women, including
domestic violence, remains common but receives little
attention.  There is no specific law against domestic violence,
although it is considered to fall under other statutes.
Criminal sexual violence often goes unreported by victims, and
relatively few rape cases come to court.  The human rights
Ombudsman's office reported receiving 30 complaints per month
of spousal abuse committed by the male spouse.

     Children

The Constitution charges the Government with protecting the
physical health and mental and moral well-being of minors.
However, the abuse of street children (see Section 1.c.) is a
serious problem in major cities.  Estimated numbers of street
children range between 1,500 and 5,000, with the majority of
these youths concentrated in Guatemala City.  These children
are often recruited into thievery or prostitution rings.  The
Government and a number of nongovernmental organizations
operate youth centers, but the funds devoted to them are
inadequate for the problem.  An accord between Casa Alianza and
the Attorney General's office was not renewed because the De
Leon administration believes that the treatment of street
children is adequately addressed in existing laws.

COPREDEH, the Presidential Human Rights Commission, has formed
a special commission called the Permanent Commission for
Children, composed of Casa Alianza and representatives from the
judicial and executive branches, which met through October to
address the problems of street children.  Relations between
Casa Alianza and the National Police have fluctuated and only
improved due to the repeated personal intervention of the
police department's inspector general and the interest of the
department's minors division, office of professional
responsibility, and human rights office.  However, the police
department's office of criminal investigations has been
reluctant to release information on past alleged human rights
abuses committed by police officers.

     Indigenous People

The Constitution states that Guatemala is composed of diverse
ethnic groups and calls on the Government to recognize,
respect, and promote lifestyles, customs, traditions, social
organization, and the manner of dress of indigenous people.
Indigenous people comprise about one-half the population but
remain largely outside the country's political, economic,
social, and cultural mainstream.  Indigenous people suffered
most of the serious human rights abuses described throughout
this report.  Rural indigenous men were more likely than urban
dwellers to be drafted by the army or forcibly recruited by
either the army or guerrilla groups.  Although the Constitution
accords indigenous people equal rights, in practice they have
only minimal participation in decisions affecting their lands,
culture, traditions, and allocation of natural resources.

Rural indigenous people have limited educational opportunities
and thus have limited employment opportunities.  Many
indigenous people are illiterate and do not speak Spanish.
Linguistic barriers hinder interaction with the Government and
limit access to public services, including the judiciary,
because few officials speak any of the 21 indigenous
languages.  Indigenous persons arrested for crimes are often at
a disadvantage due to their lack of Spanish.  The public
defender's office is charged with providing judicial
translating services but is not sufficiently staffed to cope
with the problem.  Under the new Criminal Procedures Code, the
Government is required to provide translating services to all
who need it in criminal proceedings.

     People with Disabilities

The Constitution provides that the State should protect
disabled persons.  Nonetheless, physically disabled persons are
discriminated against in employment practices, and few
resources are devoted to combat this problem or otherwise to
assist people with disabilities.  There is no legislation
mandating provision of accessibility for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution and the Labor Code provide workers complete
freedom of association and the right to form and join trade
unions.  Major reforms to the Labor Code in 1992 mandated
concrete steps to improve worker rights by facilitating freedom
of association, strengthening the rights of working women,
increasing penalties for violations of labor laws, and
enhancing the role of the Labor Ministry and labor courts in
enforcing them.  All workers have the right to form or join
unions, including public sector employees, with the exception
of members of security forces.  National Police officers have
unsuccessfully attempted to form a trade union or association.
Between 5 and 8 percent of the work force is organized.  The
993 registered unions in the country are independent of
government and political party domination.

The Labor Code amendments simplified the process for unions to
obtain legal status.  This was further revised when the
Minister of Labor made administrative changes to reduce the
number of steps needed within the Ministry for consideration of
union applications, establishing strict timetables and warning
officials that noncompliance with the timetable could lead to
dismissal of those responsible for the delay.

These new regulations accelerated the approval procedure, and
the backlog of union applications was basically eliminated by
midyear.  The Labor Ministry has granted legal status to 63
unions since late 1993, and only 13 applications are still
pending.  Of the registered unions, 834 are in the private
sector and 159 are in the public sector.  The Labor Ministry
initiated a program to assist unions with their applications,
to avoid some of the pitfalls still inherent in the Labor Code.

Workers have the right to strike, but Labor Code procedures
make legal strikes cumbersome.  Labor organizers criticize the
requirement that two-thirds of the workers must approve a vote
to strike, the prohibition of strikes by agricultural workers
at harvest time, and the right of the Government to prohibit
strikes which it deems as seriously affecting the national
economy.  Those strikes that do occur, frequently in the public
sector, are generally called without legal authorization, and
in practice the Government makes no effort to intervene on the
basis of illegality.  Nonetheless, the lack of legal approval
for a strike can be used as a threat against strikers.  Public
sector workers held a series of work stoppages in early 1994
and suffered no sanctions for their action.  Indeed, the
Government negotiated and reached a peaceful accommodation with
the public labor force.

The law protects workers from retribution for forming and
participating in trade union activities, but enforcement of
these provisions varies.  While an increasing number of
employers accept unionization, many routinely seek to
circumvent Labor Code provisions in order to resist union
activities, which many view as historically confrontational and
disruptive.  An ineffective legal system and the inadequate
level of penalties for violations has hindered enforcement of
the right to form and participate in trade union activities.
While penalties were increased in the 1992 Labor Code reform,
the previous Supreme Court (replaced in October 1994) delayed
full implementation of the reforms.

Trade union leaders and members were victims of a marked
increase in violence and abuse, such as threats, assassination
attempts, kidnapings, and physical harm.  In one incident,
police killed and wounded several persons while attempting to
arrest workers who were illegally occupying a ranch (see