Experts of the Committee on the Elimination of Discrimination against Women Welcome Women’s Increased Participation in Public Life in Guatemala, Ask the State about Political Violence and Gender Stereotyping
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the tenth periodic report of Guatemala, with Committee Experts welcoming the increased participation of women in public life, and asking about political violence and gender stereotyping.
A Committee Expert said Guatemala was to be congratulated on steps taken to increase women’s participation in public life since the last constructive dialogue in 2017. In 2021, a bill was introduced with the aim of increasing the representation of women and indigenous people within the political sphere. However, less than 20 per cent of Guatemala’s current Congress were women, and violence, discrimination and a lack of resourcing continued to impede the ability for women to fully engage in political and public life. What measures did the State party take to increase the representation of women within this space?
Genoveva Tisheva, Committee Expert and Country Rapporteur for Guatemala, said that the Committee was concerned about evidence of a lack of respect for the will of voters and for fundamental civil and political rights after the most recent elections. There were reports of acts of political repression, attacks on the integrity of the vote, and reprisals and intimidation by the Public Prosecutor, police and Government institutions. How did the State party plan to stop political violence and intimidation, and criminal prosecution of representatives of institutions that acted with integrity and independence?
A Committee Expert said that gender stereotyping and patriarchal norms in Guatemala created an environment that allowed for extreme discrimination against women and the most severe forms of gender-based violence. What concrete measures were in place to address discriminatory gender stereotypes and negative portrayals of women, including all forms of objectification of women in the media and advertisements, and how effective were those measures?
The delegation said that it was promoting active women’s participation in society. To increased rural and political engagement, municipal offices that promoted the rights of women were established in 340 municipalities. In 2024, record high numbers of females would take office in the legislature. The State was participating in dialogue with several women’s organisations on establishing quotas for women’s representation in political parties.
Ana Leticia Aguilar Theissen, Presidential Secretary for Women of Guatemala and head of delegation, said the State had created a Law for the Protection of Procedural Subjects and Persons Linked to the Administration of Criminal Justice, as well as specialised prosecutor's offices for human rights defenders within the Public Prosecutor's Office. The National Civil Police carried out specialised processes to analyse risks to human rights defenders. The Public Prosecutor's Office approved in 2018 a protocol for the investigation of crimes committed against human rights defenders and had trained justice operators in international standards for the defence of human rights defenders.
The delegation added that the country was going through difficult times. This year, the Constitutional Court had issued a resolution regarding the separation of powers. State bodies were compelled to recognise the Constitutional Court’s decision. The Constitutional Court had resolved over eight complaints, including complaints made by civil society organisations related to the right to protest. The Ministry of Interior promoted the rights to conduct peaceful demonstrations and to freedom of movement, which were provided for by the Constitution.
Also, the delegation said that work had started in 2022 on communication campaigns addressing stereotypes. The State had started an intensive media campaign in that regard. The campaign stressed that violence against women was a crime. It sought to fight the trivialisation of violence against women. Education was provided to public officials on the gender perspective of human rights, stereotypes and victimology.
In concluding remarks, Ana Leticia Aguilar Theissen, Presidential Secretary for Women of Guatemala and head of delegation, thanked the Committee for their questions. The Committee could count on the State party to address its recommendations. The President’s Office was particularly devoted to promoting women’s rights. The United Nations Entity for Gender Equality and the Empowerment of Women was a significant partner to the State party. The people of Guatemala were all committed to the implementation of Convention.
Ana Pelaez Narvaez, Committee Chairperson, thanked the delegation for the constructive dialogue, which provided further insight into the situation of women in Guatemala. She encouraged the State party to implement the Committee’s concluding observations for the benefit of all women and girls in the State.
The delegation of Guatemala was comprised of representatives from the Presidential Secretariat for Women, the Constitutional Court, the Ministry of Public Finance, Health and Social Assistance Commission, Presidential Committee Against Discrimination and Racism towards Indigenous People, the Ministry of Labour, the Permanent Mission of Guatemala to the United Nations Office and other international organizations in Geneva, Ministry of the Interior, Ministry of Bilingual and Intercultural Education, National Institute of Forensic Sciences, and other institutions.
The Committee on the Elimination of Discrimination against Women’s eighty-sixth session is being held from 9 to 27 October. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public with non-governmental organizations and national human rights institutions at 3:30 p.m. on Monday, 16 October.
Report
The Committee has before it the tenth periodic report of Guatemala (CEDAW/C/GTM/10).
Presentation of Report
ANA LETICIA AGUILAR THEISSEN, Presidential Secretary for Women of Guatemala and head of delegation, said the Presidential Secretariat for Women constituted the State’s main mechanism for the advancement of women. When the current Government took office, a political dialogue between women's organizations and the President of the Republic began, as a result of which the current Presidential Secretary was appointed. The Secretariat currently had a conceptual and methodological framework that allowed for progress in the mainstreaming of public policy actions for equality between men and women in the State.
The living conditions of women had worsened due in part to cumulative historical factors. The State party needed to make a greater effort to meet the guidelines contained in the National Policy for the Promotion and Integral Development of Women. Significant progress was made in the development of legal and public policy instruments related to equality between men and women, however, it was necessary to advance the management, implementation and monitoring of these instruments to promote the integral development of women, guarantee their human rights and promote equality.
According to the 2018 National Population Census, 51.7 per cent of the population aged four or over were women, of which 31.1 per cent lived in rural areas. Of these, 31.2 per cent were Mestizo, 19.6 per cent were Mayan, 1.3 per cent were Afro descendants, 0.1 per cent were Garifuna and 0.7 per cent were Xincas. The total fertility rate fell from 2.6 in 2018 to 2.3 in 2021.
In 2019, the maternal mortality ratio was 105 deaths per 100,000 live births, a reduction from the level of 114 deaths per 100,000 recorded in 2016. Indigenous women and women with no or low level of schooling continued to be the most likely to die from causes related to pregnancy and childbirth. In 2016, 37,624 adolescents aged 10 to 19 fell pregnant, four per cent of whom were girls aged 10 to 14. 88 per cent of women performed unpaid work, compared to 12 per cent of men. 6.1 per cent were unpaid domestic workers, of which women accounted for 98 per cent. Of the total number of employed women, 45.3 per cent were self-employed. There had been a constant increase in violence against women since 2008, when the Law against Femicide and Other Forms of Violence Against Women entered into force.
The Secretariat would deliver a report on compliance with policies for women, as well as a roadmap for its evaluation and update by 2024. The National Commission for Combating Violence was being personally chaired by the President of the Republic, who has set up a Ministerial Bureau to support this mechanism. The State had set up Comprehensive Support Centres for Women Victims of Violence and created a Model of Integral Care for Women Victims of Violence, which implemented a permanent jurisdictional body. Addressing violence against women was a national priority. The State party was currently developing a protocol for providing support and consular protection for migrant women victims of violence. The Ministry of the Interior had a programme for the prevention of domestic violence, which provided social, psychological and legal support services. The Ministry also coordinated the preparation of the draft reform of the Law on the Prevention, Punishment and Eradication of Domestic Violence, which aimed to strengthen bodies for the prevention and eradication of violence against women, as well as the regulation of Comprehensive Support Centres for Women Victims of Violence. The Household Quality and Well-Being Survey examined the prevalence of violence against women at the national level. It would strengthen the National Information System on Violence against Women and inform public policy measures, especially in the territories.
The State had created a Law for the Protection of Procedural Subjects and Persons Linked to the Administration of Criminal Justice, as well as specialised prosecutor's offices for human rights defenders within the Public Prosecutor's Office. The National Civil Police carried out specialised processes to analyse risks to human rights defenders. The Public Prosecutor's Office approved in 2018 a protocol for the investigation of crimes committed against human rights defenders and had trained justice operators in international standards for the defence of human rights defenders.
The State had also established an Intersectoral Mechanism for Follow-Up to the Convention, which aimed to eliminate all forms of discrimination against women. Representatives, and another mechanism to follow up on United Nations Security Council resolution 1325 on "Women, Peace and Security". Both were made up of representatives of women's organizations and civil society, government bodies and agencies of the United Nations System.
The State had updated and implemented its Plan for the Prevention of Teenage Pregnancy for 2018 to 2022, and its General Law on the fight against the HIV-AIDS. It had also developed a protocol and plan to tackle trafficking in persons that placed special focus on adolescents. The protocol was being used in all health services.
The State was implementing the Central American Integration System’s Agenda for the Economic Empowerment of Rural Women and the National Decent Employment Policy of 2008 to 2023. In 2021, it created the National Commission for Decent Employment, composed of the Ministries of Labour and Social Welfare, Education, Economy, Social Development, Agriculture, Livestock and Food. During 2022 and 2023, a specific budget was granted to the Commission to provide technical training in English and nursing, which benefited 60.9 per cent of women.
During the State of Public Calamity related to the COVID-19 pandemic, regulations were issued and particular institutional actions were designed for indigenous women, such as the 2020 protocol on protection of indigenous women’s language and culture and the general recommendations for the protection of indigenous women's human rights, diversity and lifestyle.
The National Policy for the Promotion and Integral Development of Women was completed in 2023. The State would continue evaluating and updating it in 2024. It aimed to address inequality. The State had devised a “Budget Classifier” with a gender focus, however, its application remained a challenge. The State had devoted more and better resources to increasing women's access to justice and decentralising services for investigation. The State had also developed a Strategic Agenda for Addressing the Human Rights of Women and Girls with Disabilities, the implementation of which was supported by the Presidential Secretary for Women and other responsible entities.
Questions by Committee Experts
GENOVEVA TISHEVA, Committee Expert and Country Rapporteur for Guatemala, said that she was impressed by the State’s efforts for women and the richness of its diversity, nature and history. The Expert welcomed the outcomes of the democratic elections announced on 28 August 2023 by the State Party’ s Supreme Electoral Tribunal. The new President and Vice-President of Guatemala were elected as a result of peaceful and free elections, with active participation of women. The transition of power, officially recognised by the current President, was expected for 14 January 2024. These positive political changes gave hope for reversing regressive trends in women’s rights and for opening opportunities.
Despite that, the Committee was concerned about evidence of a lack of respect for the will of voters and for fundamental civil and political rights. There were reports of acts of political repression, attacks to the integrity of the vote, reprisals and intimidation after the elections by the Public Prosecutor, police and Government institutions. How did the State party plan to stop political violence and intimidation, and criminal prosecution of representatives of institutions that acted with integrity and independence? When would the State party unconditionally release Virginia Laparra, her lawyer Claudia González and all arbitrarily detained prosecutors, judges, independent journalists, human rights defenders and former officials from the International Commission against Impunity in Guatemala? How would it guarantee the safety, non-prosecution and the freedom of expression of all women from the women’s movement, indigenous women and women’s human rights defenders?
Guatemala had a legal and public policies framework on human rights and women’s human rights, but lack of implementation, violations of the rule of law principle and systematic hampering of access to justice for women and girls made it ineffective. Women from minorities, indigenous and vulnerable groups continued to be affected by the loss of their social, economic and political autonomy and their bodily autonomy, reproductive and care work, and exclusion from education. What were the concrete steps that the State party would undertake to ensure the non-discrimination of such women in all public and private spaces? What measures would be taken to protect internally displaced women, and guarantee and maintain the rule of law to protect life and bodily integrity of women in Guatemala, given the realities of sexual violence and disappearances?
How did the State party make the Convention and its Optional Protocol known amongst women by disseminating it at the local level? When would the State party ratify, among others, the International Convention for the Protection of All Persons from Enforced Disappearance; the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights?
Another Committee Expert expressed hope that the post-electoral conflict in the country would resolve peacefully. They were concerned with systematic harassment of prosecutors and judges and about the independence of judiciary. She commended on the progress made in preventing femicide and increasing the coverage of courts. However, indigenous women still had to travel to major cities to seek justice. What was being done to continue to improve access to justice for indigenous and Afro-descendant women? What was being done to bring justice to persons with disabilities and migrant women?
Responses by the Delegation
The delegation said that the country was going through difficult times. The Constitutional Court in July 2023 issued a resolution establishing that the “Seed Movement” and the “National Party for Hope” should take part in the general elections in August. Similarly, in 2023, it issued a resolution regarding the separation of powers. State bodies were compelled to recognise the Constitutional Court’s decision. Transitional democracy was carried out in accordance with the Constitution. The Constitutional Court had resolved over eight complaints, including complaints made by civil society organisations related to the right to protest. The Ministry of Interior promoted the rights to conduct peaceful demonstrations and to freedom of movement, which were provided for by the Constitution.
The Ministry was implementing measures to prevent femicide, including training courses with local commissions, dialogues with women, and workshops on domestic violence. A department for prevention of femicide was established within the civil national police, and professional development courses on femicide were provided to police officers. The coverage of care centres units had been expanded.
The Public Prosecutor’s Office had broadened access to justice on the municipal level by establishing 27 local prosecution offices. It had 19 comprehensive care units which promoted women’s empowerment and care for young persons. Nine units were undertaking criminal analysis into disappearances of women. There was also a special unit promoting Mayan women’s rights. Instructions were issued for gender mainstreaming in investigations and criminal prosecutions. Complaints services were in place for women experiencing violence.
The Commission for Peace and Human Rights had special units for training for public officials and the public at large. Peace and human rights trainings, which addressed the Convention, were attended by over 35,000 people.
The State had established an Indigenous People’s Secretariat, which provided a court interpretation service for different indigenous languages. The service was provided in specialised criminal courts for crimes against women, among others. There was a protocol promoting persons with disabilities’ increased access to courts. The State made the websites of judicial bodies accessible, including for visually impaired persons.
There were three regional offices which provided expert support and counselling to indigenous victims of violence. Over 59,000 women had turned to these bodies since 2017. During the COVID-19 pandemic, an emergency hotline was established, which provided counselling in four languages. It had received 14,000 calls. Since March 2021, over 1,500 victims and survivors had received support from the defenders of indigenous women.
Virginia Pala, Claudia Gonzales and others mentioned were being investigated by the competent authorities.
The State party would consider ratification of the International Convention for the Protection of All Persons from Enforced Disappearance.
Questions by Committee Experts
GENOVEVA TISHEVA, Committee Expert and Country Rapporteur for Guatemala, asked if the State party envisioned implementing special measures to address political violence and intimidation of women and hold perpetrators accountable.
A Committee Expert asked if the specialised staff in the women’s prosecution agencies and interpreters also had a knowledge of indigenous culture. Were judges and prosecutors trained in gender-based approaches?
Another Committee Expert asked whether sign language interpretation was provided in courts for persons with impaired hearing.
Responses by the Delegation
The delegation said investigative and other bodies would ensure that the results of the elections were recognised. The rights of women needed to be respected in that regard as well.
Judicial interpreters were knowledgeable in Mayan culture. 110 interpreters existed across 14 departments. This service was available at all times. The State was drafting text on legal terminology in Mayan. There were workshops for members of the judiciary on human rights and gender aspects, as well as training in sign languages.
A training programme contributed to increasing the skills of the police in preventing and eradicating violence against women and protecting women human rights defenders. The Commission against Discrimination had provided trainings to 800 members of the civil police on preventing discrimination based on ethnicity, religion, disability and other grounds. The Indigenous Women Defenders Office conducted awareness campaigns with the national civil police in detecting and preventing crimes of violence. The police considered the cultural relevance of their actions.
The Constitutional Court had delivered several gender sensitive judgments. Mayan and spoken word copies of the Constitution were also available.
Questions by Committee Experts
A Committee Expert what compensation and rehabilitation the State had provided to the victims of conflict occurring during the Guatemalan Civil War, which continued from the 1960s to 1996. What problems had the State encountered in implementing its national action plan on women, peace and security? The Committee had recommended the State to elevate the Women’s Secretariat to ministerial level, allocate it adequate resources and improve its operational efficiency, but its budget had decreased between 2021 and 2022. Why was this? When would the State consider creating a Ministry of Women? How would the State strengthen the Office for the Defence of Indigenous Women, ensuring departmental delegates who spoke local indigenous languages? What were the State’s plans for implementing policies on women, peace and security after 2023?
Responses by the Delegation
The delegation said that the budget for the Women’s Secretariat was tied to issues of international cooperation. That represented a major challenge.
The United Nations Entity for Gender Equality and the Empowerment of Women was increasing its support for the State’s women, peace and security agenda. The State was forming internal institutional agreements on issues concerning women, peace and security. The national policy promoting women’s rights ended in 2023. An assessment of implementation of the policy would be carried out to inform the improvement of policy instruments. The State had implemented an oversight mechanism and were concluding a roadmap for further implementation of the policy after 2023. In 2023, there was an increase in donations and Government resources to enable further activities. Financial allocations for women’s issues had not decreased.
The finance commission was considering a request to increase the budget of the Women’s Secretariat by 100 per cent in 2024 comparing to 2023. Such an increase would benefit all women in Guatemala.
Questions by Committee Experts
A Committee Expert asked if the State party had identified priority areas for intervention via temporary special measures. Given the substantial lack of representation of women and indigenous people in political spheres, would the State party introduce any temporary special measures to achieve gender parity and increase the representation of minorities? What steps were taken to adopt temporary special measures to strengthen the effective participation of women in the National System of Development Councils and at all levels of public management? The Expert recommended that the State party adopt specific goals and timelines to increase the public participation of women belonging to minority groups, and introduce affirmative action measures such as quotas within the parliament, political parties, foreign service and senior Government positions. Were any steps taken to adopt temporary special measures to increase the participation of women in formal employment and women’s access to healthcare?
According to the report, the Ministry of the Interior was implementing a protocol to introduce security measures for unions, rights’ defenders and other groups. What was the progress of this protocol, and what other temporary special measures had been introduced to ensure the safety and protection of human rights defenders, women’s organisations and those participating in civil society?
Responses by the Delegation
The delegation said that it was promoting active women’s participation in society. To increased rural and political engagement, municipal offices that promoted the rights of women were established in 340 municipalities. In 2024, record high numbers of females would take office in the legislature. The State was participating in dialogue with several women’s organisations on establishing quotas for women’s representation in political parties.
Questions by Committee Experts
A Committee Expert asked if the budget for the national action plan for women until 2025 and the women’s rights directive had been determined.
Another Committee Expert said that there were not enough women in political parties in the State. Mechanisms needed to be implemented to promote increased representation.
Responses by the Delegation
The delegation said the State party had made progress on developing financial indicators for women’s rights and budgeting for women’s policies. A training programme on peace and security had been provided since 2021 to over 34,000 people, over 53 per cent of whom were women public servants.
Guatemala was committed to gender equality. 11 per cent of the members of the directorate of the parliament were women, and women also stood as speakers or deputy speakers in the parliament. Female members of the parliament had submitted a bill with a view to promoting the political participation of women. In 2021, the Supreme Court updated gender equality policy and drafted a protocol on preventing violence against women in political elections.
Questions by Committee Experts
A Committee Expert said that gender stereotyping and patriarchal norms in Guatemala created an environment that allowed for extreme discrimination against women and the most severe forms of gender-based violence. What concrete measures were in place to address discriminatory gender stereotypes and negative portrayals of women, including all forms of objectification of women in the media and advertisements, and how effective were those measures? Women with disabilities and indigenous women continued to face multiple forms of discrimination, which prevented them from marrying or having children, and increased the possibility of separation from children and forced sterilization. It was extremely difficult for women with disabilities who were victims of gender-based violence to access care and needed services due to physical and communication barriers. What specific measures were in place for comprehensive reparation for human rights violations committed against women and girls, including indigenous women and girls with disabilities?
What effective steps was the State party taking to prevent and protect women from gender-based violence? What were the State party’s measures for the prevention of femicides in regard to focused and early interventions in gender-based violence cases? What were the State party’s measures to strengthen the capacities and coverage of the specialised justice and the Prosecutor's Office against the crime of femicide in the areas with the highest incidence?
What were the State party’s policies and concrete measures to prevent, investigate, prosecute and punish offences against the lesbian, bisexual, transgender and intersex community? In 2017, consultations were carried out for the proposal of a national policy to guarantee the human rights of this community. What steps had the State party taken to reactivate and finalise the policy? What steps was the State party taking for the collection and analysis of data on gender-based violence against lesbian, bisexual, transgender and intersex women?
What were the steps taken to ensure that women and girls had access to immediate comprehensive quality care, including access to methods of preventing sexually transmitted infections and HIV, such as post-exposure prophylaxis? What steps was the State party taking to decentralise and strengthen public institutions that provided essential services and access to justice?
Another Committee Expert said that the anti-trafficking law of 2009 criminalised sex and labour trafficking and prescribed penalties of eight to 18 years imprisonment. However, the definition of trafficking in the law appeared to be inconsistent with that of international law. The domestic law defined trafficking broadly, including all labour exploitation and illegal adoption without the purpose of exploitation. Was the definition of trafficking in persons being changed? Corruption amongst some members of the security forces also was a problem in Guatemala. Corrupt officials facilitated trafficking crimes and perpetuated impunity by accepting bribes, working with criminal organisations and inhibiting law enforcement. What were the outcomes of court cases on corruption and trafficking involving State officials?
Sex traffickers exploited Guatemalan adults and children within the country and in Mexico, the United States, Belize and other foreign countries. Lesbian, gay, bisexual, transgender and intersex persons were at particular risk of falling victim to sex trafficking. Traffickers also forced Guatemalan adults and children to work in agriculture and domestic services. In particular, indigenous women, women of African descent and rural women were vulnerable to be trafficked for the purposes of forced labour and sexual exploitation. Traffickers often targeted individuals who migrated within the country from rural areas to cities. However, it seemed that victims did not receive efficient protection. The Government had decreased funding for shelters. How many of them were available in Guatemala? Was a national referral mechanism in place and effective?
The Office of the Ombudsman for Human Rights was focused on ensuring the human rights for victims of trafficking, however, it seemed there was no mechanism to ensure victims received court-ordered payments. The Government did not report that victims received any restitution since 2016. How many trafficking cases involving women and girls were investigated and prosecuted in the last two years and with what outcome concerning punishment of traffickers and reparation for victims? Had a public debate been held on prostitution, which was legal in Guatemala?
Responses by the Delegation
The delegation said work had started in 2022 on communication campaigns addressing stereotypes. The State had started an intensive media campaign in that regard. The campaign stressed that violence against women was a crime. It sought to fight the trivialisation of violence against women.
The Ministry of Education mainstreamed in all programmes indigenous cultural and linguistic specificities and adapted teaching materials to make them culturally pertinent. All educational publications were certified as having appropriate linguistic components. The State also promoted teaching in endangered minority languages. There was a 13 per cent increase in enrolment in pre-primary schooling, and a seven per cent increase in enrolment in basic education.
A programme on eradicating domestic violence was carried out through violence prevention units. It had a budget of over six million quetzals. The State had awareness raising campaigns on domestic violence for the public sector and the general public. Also, working plans on the rights of the lesbian, gay, bisexual, transgender and intersex community were being developed. Special units were used to deliver these programmes. They conducted broadcasting and created social media content that addressed gender-based violence.
The State party had launched a central office and three regional prosecution offices addressing femicide. These offices were focusing on the regions with the highest number of cases. One in five women were victims of femicide. Protocols existed on investigation of femicide. Education was provided to public officials on the gender perspective of human rights, stereotypes and victimology.
The judiciary provided specialised justice. It had recorded 83,000 violent cases against women, and issued 16,000 convictions for such cases. The State had established a specialised court to address trafficking and migrant issues. The judiciary had increased staff to drive forward gender equality. 106 courts were educated to pay special attention to domestic violence and violence against women. The judiciary was working to increase access to justice for all groups. The upcoming Census would collect data on the prevalence of violence against women.
To address HIV transmission, the State had introduced the campaign “Inform Yourself”. 7,000 women had HIV. The recorded numbers were rising — the State had identified 506 HIV cases in 2021 and 770 in 2022, as they were determined to discover more cases. Training programmes were delivered in domains of sexual and reproductive health. Treatment was provided between 2019 and 2021 to over 20,000 adults and young girls. Over 220,000 informative campaigns were launched on HIV screening.
In 2022, the State party devised a public policy on promoting the rights of lesbian, gay, bisexual, transgender and intersex persons. The Ministry of Interior had protocols which addressed these groups. Also, public prosecution services for this community had been improved.
Guatemala created an institute to provide free legal advice and aid to victims of crime and their families. The budget for this institute was 53 million quetzals. The State had developed a law on sexual violence exploitation and human trafficking. Sentences provided in the Criminal Code for sexual violence crimes were diversified to protect legal rights. Through a 2022 amendment to migration law, harsh sentences of up to 30 years imprisonment were issued for crimes involving loss of life in the context of human trafficking.
The State had a Vice-Presidential Secretariat in charge of addressing trafficking and sex exploitation, which had provided shelters to over 1,000 victims to date. It provided comprehensive care to victims, forged alliances with several governmental and international bodies and carried out campaigns. It had drafted a safety guide to the internet in Mayan language addressing victims of trafficking. Protocols were also drafted which addressed ways to identify trafficking victims.
Questions by Committee Experts
A Committee Expert asked about links between gender stereotyping and gender-based violence. How did the State party address gender stereotyping of women in vulnerable contexts in its campaigns?
Another Committee Expert said that there was a fund for the victims of femicide, but there appeared to be no statistics nor a special fund for victims of trafficking.
ANA PELÁEZ NARVÁEZ, Committee Chairperson, asked what measures were taken to classify forced sterilisation against women with disabilities as a crime. What was being done to prevent their children from being taken away from them?
Responses by the Delegation
The delegation said that the State party was facing challenges addressing in gender stereotyping, despite its efforts. It would continue to bring change in society. In 2023, a provision introduced in the official gazette addressed the rights of victims of trafficking and other crimes to dignified reparation.
Forced sterilisations were not carried out. The State was beginning the process of certifying persons with disabilities and providing them with the spaces they needed.
Questions by Committee Experts
A Committee Expert said Guatemala was to be congratulated on steps taken to increase women’s participation in public life since the last constructive dialogue in 2017. In 2021, a bill was introduced with the aim of increasing the representation of women and indigenous people within the political sphere. Furthermore, in 2021, the Gender Equity Policy was reviewed and updated to address violence against women in political and economic spaces. From 2017 to 2021, women represented 56 per cent of justices of the peace, 50 per cent of supreme court judges, and 51 per cent of staff within the public sector. However, less than 20 per cent of Guatemala’s current Congress were women, and violence, discrimination and a lack of resourcing continued to impede the ability for women to fully engage in political and public life. As of the 2019 elections, women represented only three per cent of mayors, 19 per cent of deputies and 12 per cent of positions in municipal corporations. Furthermore, only 21 per cent of local election candidates were women. Did this number improve since the 2023 election? Only four of 30 political parties in the 2023 elections had a female lead. What percentage of women were represented at the local and municipal levels since the 2023 election, and what tangible measures had been introduced to increase their participation? What percentage of women were working at the international level as diplomats, including as ambassadors and consul-generals? What measures did the State party take to increase the representation of women within this space?
Amendments to the Electoral and Political Parties Law included “effective mechanisms to promote women’s participation in elections”. What were these mechanisms and how were they enforced? Additionally, reports indicated no tangible measures, such as quotas, were introduced since the amendments. Would the State party consider further amending the Elections and Political Parties Law to ensure gender parity? How did the State party plan to ensure that diverse women and indigenous peoples were represented in positions of leadership?
Violence, discrimination and harassment against women engaging in politics were widespread, particularly against indigenous women and other minority groups. The updated Gender Equity Policy included protocols to address violence against women in political spaces. What were these protocols, how were they enforced, and what had been the results thus far? Did the State party introduce any other measures to reduce violence against women in politics? Further, women from rural and remote areas of Guatemala faced several barriers to participating in public life, including geographical distance, poverty, poor educational outcomes and deeply entrenched patriarchal attitudes. What measures did the State party introduce to increase the representation of women from rural communities in politics and public life, including accessible training, awareness raising, education and resourcing? The State party needed to engage in genuine consultation with women, girls and minorities in order to facilitate decision-making processes.
Another Committee Expert asked about the grey area occupied by those born in Guatemala to parents passing through Guatemala, in the light of the nationality act. What support was provided to refugees to facilitate family reunifications? Were asylum laws constitutional? What had been the impact of the Constitutional Court’s five-year plan for supporting refugees and migrant women?
The delegation said that in the 2019 elections, around 53 per cent of registered voters, 4.4 million, were women. This matched the demographic makeup of the Census. In 2023, five million female voters were registered, which represented 54 per cent of the electorate. In 2019, 19 per cent of members of parliament were women, and there were only 10 female mayors, representing two per cent of mayors nationwide. In 2023, women accounted for 20 per cent of parliamentarians and three per cent of mayors. This was a comparative improvement compared to previous elections. There were 239 female mayor candidates. From 15 September 2023, the State had female ministers of economy and education, 10 female secretaries, and one woman who was a deputy speaker in the Parliament. Nine committees were chaired by women. There was a platform for women in the parliament. From 2017 to 2021, 49 per cent of judges of the Supreme Court were women. Over 40 per cent of technical staff in the prosecutor’s office were women. Women held around 46 per cent of decision-making positions in the judiciary. The head of the judiciary was a woman. In 2023, over 12,000 female staff worked in judiciary. In the Constitutional Court, three out of ten judges were women and out of 90 staff, 47 per cent were women.
Guatemala had a national council on urban and rural development, composed of representatives of central and local governments and civil society organisations, including women’s organisations.
The Supreme Court had drafted a protocol and bills on violence in elections regarding women. None of these bills had been adopted yet.
As of 30 September 2023, the foreign service had 365 female staff, including 36 women in decision making posts. There were 25 female heads of missions, out of whom 12 were in diplomatic missions. The Women’s Commission aided women’s participation in the Government.
The migration agency had implemented standards and processes for dealing with asylum requests. Guatemala uses a system for recognising nationality based on both descent and jus soli. The State recognised the nationality of origin of other Central Americans. Migrants could easily access asylum documents. If born in Guatemala, children were Guatemala nationals.
The Supreme court was not part of the judiciary; it addressed violations by authorities. The Court had tried to disseminate its rulings regarding women’s rights. Its gender unit ensured that there were appropriate references to caselaw regarding violence against women, the law on femicide and laws on disability.
The national refugee commission was established in 2012 on the initiative of several institutions. It regulated the status of asylum seekers and refugees and their work permits. It had registered 853 refugees, most of whom came from Honduras and El Salvador. The Prosector General’s Office referred unaccompanied migrant children to primary care services to determine whether there were any relatives who could take care of them. These children could apply for asylum. The prosecution service also had a unit supporting unaccompanied foreign minors in Guatemala.
Questions by Committee Experts
A Committee Expert said there was only one indigenous woman in the parliament. Indigenous women had limited opportunities to participate in politics. When would the electoral law be amended and temporary measures devised to introduce a quota for women, including indigenous and rural women, in decision-making positions and bring equality to the nomination process? How would the State party protect indigenous women from persecution and threats? Were there any education opportunities for young women wanting to pursue diplomatic careers?
A Committee Expert asked how the State party addressed structural challenges and root causes of women migrating out of the State.
A Committee Expert asked about steps taken to support the enrolment and participation of indigenous girls in all levels of education, including their bilingual education. How were the girls from poor and marginalised communities supported; were any specials measures taken? How was the sexuality education conducted and monitored? What measures were in place to help and destigmatise pregnant girls in schools?
Another Committee Expert asked what the State party was doing to address women’s access to employment, especially for those women in vulnerable employment? An estimated 80 per cent of maquila workers in Guatemala were women. In the maquiladora sector, there was widespread sex discrimination on the basis of reproductive status. What was the State’s response?
Domestic workers, the vast majority of whom were women and girls, did not enjoy equal protection under the law. Domestic workers were denied the nationally-recognised right to an eight-hour workday and a 48-hour workweek, had only limited rights to national holidays and weekly rest, and were often denied the right to employee health care under the national social security system. Furthermore, they were denied the right to be paid the minimum wage. How would the State party address the challenges faced by domestic workers? Did the rule of law guarantee access to justice for the most vulnerable?
Guatemalan indigenous women and Afro-descendent women also faced significantly higher rates of poverty. Between 50 and 90 per cent of indigenous women in rural areas did not have access to economic services such as banking.
What steps were taken to support indigenous women weavers and their 2000-year-old traditional craft? Further, the recent Life and Family Protection Law prohibited teaching on sexual diversity and gender equality in school. How would this affect teachers and researchers working on gender equality?
Responses by the Delegation
The delegation said that in 2020, the Office of Indigenous Women and its partner institution implemented a project promoting indigenous women’s rights in politics, society, healthcare and other spheres.
The Ministry of Education had increased support for indigenous children’s participation in primary education. There had been a seven per cent increase in indigenous children’s registration in primary education, and 49 per cent of registered children were girls. Equal care and support were provided. Dropout rates were reduced by four per cent for the period 2020 to 2023, despite the pandemic. Food was distributed to children during the pandemic. Education in sixteen languages was provided by the Ministry of Education, comparing to four during the previous administration. The Ministry also provided 70,000 grants. A grant programme for English language education was directed to indigenous and rural communities. Technical schools in rural areas also empowered local women.
The Ministry of Health trained healthcare staff and developed “friendly spaces” and strategies for providing sex education. They were planning a specific campaign focusing on sex education, which would last until 2025. 89 healthcare staff and persons with HIV were included in this initiative.
The Government provided support for workers in maquilas by promoting exports and conducting inspections. In 2022, 222 maquilas were inspected, and numbers were rising each year. Indigenous women were offered trainings on labour rights and entrepreneurship.
The State had laws and instruments addressing access to land. Applying the law was challenging. There were deep-rooted stereotypes about women and property which needed to be overcome.
Questions by Committee Experts
GENOVEVA TISHEVA, Committee Expert and Country Rapporteur for Guatemala, said extremely conservative legislation and policies had been proposed or passed in the State. The 2021 to 2023 Public Policy of Protection for Life and the Institutional Framework of Family contained provisions that contravened international human rights standards and failed to comply with recommendations from treaty bodies regarding the rights of women, girls and boys and the lesbian, gay, bisexual, transgender and intersex population. In 2022, the Congress approved a Decree declaring 9 March of each year as the “Day for Life and Family”, which, according to the State, “highlighted the importance of respect for life and the family, and of saying “no” to abortion”. In 2021, the draft Law to Protect Children and Adolescents from Gender Identity Disorders was also submitted to the Legislative Directorate of Congress. What measures were taken to prevent adoption of such acts and to repeal already adopted ones? When would the State party stop criminalising abortion and ensure all needed care for women and girls during the abortion process. How would the State promote free decision and choices about reproductive rights? What additional measures would be put in place to counter further the high rate of maternal mortality, including improving access to and the quality of emergency health care in remote places on the territory? How were girls’ rights in relation to safe abortion and healthcare ensured? What steps were taken to promote and ensure women’s and girls’ access to sexual and reproductive health and rights, and to provide comprehensive sexual and reproductive health education and services? What was the status of the “Comprehensive Sexuality Education Law”? How would the State party improve access to modern contraception? How did it intend to tackle early pregnancies in Guatemala?
What measures were taken to strengthen dialogue and coordination between traditional and national healthcare systems, improving access to culturally relevant healthcare services for indigenous and Afro-descendant peoples, with the active participation of women and girls? What steps were taken for implement an effective national strategy for preventing mother-to-child HIV transmission, with the participation of all key actors?
A Committee Expert asked whether there were plans for more robust and comprehensive social support and an expanded social security system that included self-employed women and women employed in the informal sector? What mechanisms existed to reduce the unwaged care burden of women and girls in Guatemala? Were men and boys being prepared to share the care burden? Were free or subsidised childcare facilities available in community centres, workplaces and housing complexes in rural and urban areas to facilitate women’s income earning activity and to reduce the high school drop-out rates of girls?
What was the status of the bill introducing the Women’s Economic Development Act, which was approved in May 2018 and had its first reading in April 2021? What were the key strategies and monitoring and evaluation mechanisms included in this legislation?
Did the process of land registration continue after 2015? When would full individual and communal land registration be realised in the State?
The State’s efforts, through the Fund for the Development of Micro, Small and Medium-Sized Enterprises, to improve access to credit were laudable. What were the plans to enact legislation to monitor and address the obvious gender discrimination within the financial sector? Could a financial services ombudsperson be instituted to ensure non-discriminatory access to financial services by women in the State party?
Responses by the Delegation
The delegation said the economic empowerment of women was among the most neglected areas in the country. Redirection of policies was needed. The State party was reviewing institutional programmes of the Ministries of Economy and Agriculture to determine whether women-centred programmes were reducing poverty and equality gaps. The Women’s Secretariat was addressing land issues and had proposed a policy promoting economic empowerment. It was now updating it with statistics collected during the post-pandemic period. The Ministry of Social Development was also updating its policy on care work, addressing women’s access to financial services.
National action plans to address teenage pregnancy and early marriages were being drafted. The State had 777 friendly spaces. It provided care for many pregnant teenagers. Abortion was only allowed for therapeutical purposes. Indigenous women were the most exposed to post-partum issues and complications surrounding delivery. An agreement existed to provide contraceptive methods around the country. Since 2019, the State had implemented family planning clinics and also signed agreements with civil society organisations to provide mobile services. Since 2021, it had been improving access to contraceptive methods. It was also updating the national guide on family planning, implementing workshops on teenage pregnancies, and was finalising guidelines for midwives, since majority of deliveries in rural areas were attended by midwives. A national plan for midwives in four indigenous communities existed. Database existed, over 16 thousand midwives registered, and received an incentive. They were drawing culturally sensitive manuals on maternal health.
A number of allowances or bonuses were in place, including social assistance. Large number of beneficiaries existed - 172 thousand in 2023. Middle education grants benefited over 300 women, and higher education grants encompassed over 1000 woman. Also, craftwork grant for skills to be passed on to rural women was in place.
Regarding the family life law, it was archived since it was not in line with human rights standards. The acts mentioned were still not in plenary. The party whips decided on legislative agenda. Restricting the submission of bills based on ideology could be perceived as an attack on democracy. In 2017, an amandment on Civil code prohibited marriage for children under the age of 18, including unions between children and adolescents or adults.
Questions by Committee Experts
A Committee Expert said that indigenous populations existed throughout the country, and it was concerning that they were not involved in public policies. indigenous peoples, particularly the Maya, faced multiple forms of discrimination. Climate change especially affected women. What measures were adopted to incorporate a gender perspective in national disaster management plans? How were rural and indigenous women participating in drafting public policies? Was there land restitution pending? What was being done to prevent evictions of women from ancestral lands?
The legal framework for women with disabilities was not sufficient. What measures and deadlines were in place to enact policies to ensure the full integration of persons with disabilities into society? In 2021, 33 people were estimated to have been murdered for belonging to lesbian, gay, bisexual, transgender and intersex communities. Would something be done to tackle this? The Expert called for information on programmes to improve the status of persons deprived of liberty.
Another Committee Expert said that the National Registry of Persons recorded 11,239 marriages of girls aged nine to 17 from 2010 to April 2021. Did marriages of girls continue to be formalised and registered? What measures were taken to ensure the effective prevention of marriages and de facto unions of girls and adolescents? What measures were taken or were envisaged to recognise de facto unions between adults to ensure that women enjoyed adequate legal protection during such unions and after their dissolution? How effective was the application of the roadmap for the prevention of early unions and pregnancies in girls and adolescents? Were any legislative measures envisaged to harmonise the provisions of the Criminal Code relating to the age of consent for sexual relations, which was currently 12 years, with international norms?
Did the State party envisage improving protection mechanisms for women victims of domestic violence? Did it implement a system of sensitisation and training for family judges from a gender perspective? Was the professional performance evaluated from this perspective? What steps was the State party taking to ensure that the Public Policy for the Protection of Life and the Institution of the Family 2021-2023 recognised and protected the civil and family rights of lesbian, bisexual and transgender women? What actions was it taking to make sure that Bill 5940, which qualified gender diversity as an identity disorder, was dismissed?
Responses by the Delegation
The delegation said that national plan on gender and climate change was implemented by the National Council on Development. This national plan was focused on guaranteeing collecting data, promoting women’s participation and designing mechanisms for responding to climate change. This plan was prepared with the participation of local and national organisations. It had also incorporated a gender perspective into disaster risk reduction plans. The general inspectorate ensured that all climate actions were regulated and that women were participating in such actions.
The roadmap on the prevention of teen pregnancy and early marriage was in its early stages; it was not yet approved for implementation. It was designed as a guide for local governments. The legal framework needed to be enriched and reviewed. The Women’s Commission was looking into how to resolve these issues. The plan to prevent teenage pregnancy was updated for the period until 2023. Over 3,000 leaflets discouraging teenage pregnancies had been developed. Further, "Project Life”, a cash transfer programme, provided financial assistance to parents and guardians who were pregnant or victims of violence. Between 2020 and 2023, over 800 people had benefitted from this project.
Questions by Committee Experts
GENOVEVA TISHEVA, Committee Expert and Country Rapporteur for Guatemala, said that it was important to support the education of girls from an early age. Had the State implemented additional measures in this regard, including support for single mothers with children at schools? The State also needed to protect the security and safety of children at schools, and improve the accessibility of schools.
Closing Statements
ANA LETICIA AGUILAR THEISSEN, Presidential Secretary for Women of Guatemala and head of delegation, thanked the Committee for their questions. The Committee could count on the State party to address its recommendations. The President’s Office was particularly devoted to promoting women’s rights. The United Nations Entity for Gender Equality and the Empowerment of Women was a significant partner to the State party. The people of Guatemala were all committed to the implementation of Convention.
ANA PELAEZ NARVAEZ, Committee Chairperson thanked the delegation for the constructive dialogue, which provided further insight into the situation of women in Guatemala. She encouraged the State party to implement the Committee’s concluding observations for the benefit of all women and girls in the State.
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CEDAW23.031E