Guatemala: Joint Open Letter: A call for action to stop legislative initiatives to amend the National Reconciliation Law and the Law on NGOs for Development
Your Excellency Foreign Ministers of the European Union Member
States,
As international human rights organisations, we write to express our
profound concern about the recent developments in Guatemala that could
gravely impact the human rights situation and rule of law in the country. We
remain alarmed by the possible passage of the proposed amendment to the
National Reconciliation Law or “Amnesty Law” (N.5377) by the
Guatemalan Congressand the serious consequences it would have on peace and
stability in the region. Equally distressing is the upcoming threat facing
Civil Society organisations in exercising their rights in light of proposed
amendments to the Law on Non-Governmental NGOs for Development (N.5257).We
are also worried about the Guatemalan Government’s insistence to
terminate the mandate of the International Commission against Impunity in
Guatemala (CICIG) before September 2019 and to obstruct its work in various
forms. This bleak picture strengthens our belief that it is in
the interest of the EU and its Member States, as well as the international
community at large, to ensure that the Guatemalan authorities respect the
rule of law, and to firmly support the efforts of the Guatemalan people in
tackling corruption and impunity.
Reforms to the National Reconciliation Law have so far passed the second
debate in the Guatemalan Congress. If approved, the reforms would grant
broad amnesty to all perpetrators of serious human rights violations and
would free, within 24 hours, all those convicted of international crimes
committed during Guatemala’s internal armed conflict from 1960 to
1996. The authors of massacres, widespread torture and sexual violence would
be immediately freed from prison. The “Amnesty Law” will
terminate ongoing and prohibit future investigations and prosecutions of
crimes committed during this period. In addition, the law mandates legal
sanctions against any judge or prison official who refuses to implement the
reforms
, thus punishing those that decide to uphold international law.
As noted by several UN experts, “amnesties, statutes of limitations
and mechanisms that exclude responsibility are incompatible with crimes that
represent serious violations of human rights such as torture, summary
executions, forced disappearances and genocide, among others. Failure to
investigate and prosecute such violations constitutes a serious breach of
international human rights law”. The proposed reforms are both
unconstitutional and contrary to international law.
The “Amnesty Law” would seriously affect victims' rights
to justice, truth, reparation and guarantees of non-repetition. It could
lead to reprisals and attacks against victims, judges, prosecutors, lawyers,
plaintiffs, witnesses, experts and others involved in human rights trials,
putting their own safety and that of their families at risk. Victims’
organisations have already reported – and denounced – threats
they have received. This worrying trend is likely to increase.
The reforms will undo Guatemala’s remarkable achievements in the
pursuit of justice. Guatemala was the first country where a national court
held a trial of a former Head of State on charges of genocide. Through the
cases of Sepur Zarco, Molina Theissen, and Dos Erres, Guatemala showcased
how a country can resiliently work towards overcoming a legacy of war and
impunity and contribute to the prevention of future crimes. These trials not
only restored the dignity to victims and their families, but helped restore
faith in the Guatemalan justice system. This “Amnesty Law” sets
adangerous precedent, and more importantly constitutes an affront to the
victims, an infringement to their rights and a risk to their security.
In this sense, on March 12, 2019, the Inter-American Court of Human Rights
issued an order requiring the Guatemalan State to interrupt the legislative
process for the approval of the National Reconciliation Bill and to archive
it in order to ensure the right to judicial remedy of the victims of 14
cases being dealt with by the Court.
The situation is particularly alarming amidst the rising tensions ahead of
the 2019 electoral campaigns. In recent months, high-level Guatemalan
government officials have repeatedly defied the Constitutional Court’s
rulings. A case in point is the Morales administration’s unilateral
decision to immediately terminate CICIG’s mandate despite the strong
rejection from the UN Secretary General. Without political and financial
support, CICIG will only be further weakened and its staff and judges
exposed, leading to a more fragile justice system. In addition, there has
been an alarming increase in cases of intimidation and threats against
magistrates and judges since the appointment of Roberto Mota Padilla as Head
of Security for the Judiciary. The vibrant Guatemalan civil society, which
has been defending human rights for years, is under the threat of excessive
restrictions in practicing its freedom of expression and peaceful gathering
now that the Guatemalan Congress is close to adopt the Law on NGOs and
Development.
At this critical moment, we should continue to speak up against
Guatemala’s legislative initiatives. We should not allow impunity to
prevail over justice. It is our collective responsibility to preserve the
rights of victims and their relentless efforts over the years to attain
justice. Their immense suffering cannot go in vain. Perpetrators should be
held accountable as this is very important to ensure the non-recurrence of
the atrocities or instability.
We welcome that Governments, including the G13, came in support of our
plea and sent clear signals that impunity is unacceptable. We also welcome
the recent Resolution adopted by the European Parliament in which it
expressed strong support to the work of CICIG; urged the Guatemalan
authorities to immediately ensure independence of the judiciary and
guarantee freedom of the press and the media; and called on the Guatemalan
Congress not to approve the proposed amendments of the National
Reconciliation Law and the NGO Law.
This international pressure combined with national efforts led to the
postponement of the vote on the Amnesty Law, but the struggle is not
over. The session might still be rescheduled anytime, and that is why
we cannot lose the momentum. We therefore urge the EU and its Member States
to:
· Emphasise to the Guatemalan
legislature and state their concern about any amnesty for international
crimes, as well as any attempt to shield perpetrators of human rights
violations from justice.
· Take a firm stance in the
defence of the rule of law and human rights in Guatemala.
· Publicly call on the
Guatemalan legislature to refrain from approving the amendments to the
National Reconciliation Law (N.5377) and the Law on NGOs for Development
(N.5257).
· Maintain political and
financial support to the CICIG and to support the Guatemalan people and
civil society in their fight against corruption ad impunity.
· Convey to the Government of
Guatemala that it must ensure the security of victims, witnesses, experts,
and human rights organisations who have courageously worked to denounce war
crimes. The Government must also ensure the security of lawyers and
state prosecutors who have investigated, prosecuted and sanctioned the
crimes committed during the internal armed conflict.
Sincerely,
1. Both ENDS
2. Center for Justice and International Law (CIJIL)
3. EU-LAT Network
4. Free Press Unlimited (FPU)
5. Guatemala Human Rights Commission-USA (GHRC-USA)
6. Humanistisch Instituut voor Ontwikkelingssamenwerking (HIVOS)
7. Impunity Watch
8. International Platform Against Impunity
9. Peace Brigades International (PBI)
10. REDRESS
11. Serge Berten Comité
12. TRIAL International
13. World Organisation Against Torture (OMCT)