We at the International Legal Assistance Consortium (ILAC) launched our assessment report of the justice sector in Guatemala on October 10, in Washington D.C., and on November 6, in London (the report is available both in English and Spanish). ILAC, established in 2002, is an NGO based in Stockholm, Sweden, which conducts rule of law and justice sector assessments, coordinates programs, and engages in policy dialogue. As a consortium of over 50 professional legal organizations along with individual experts, we gather legal expertise and competencies from various contexts and legal traditions to help rebuild justice institutions and promote the rule of law in conflict-affected and fragile states.
ILAC’s report of Guatemalan justice sector
ILAC’s assessment team traveled to Guatemala in October 2017, and met with over 150 Guatemalan judges, prosecutors, lawyers, human rights defenders, and business leaders to assess the role and capacity of courts and prosecutorial services. The team also examined several thematic issues facing the justice sector in Guatemala today, including the legacy of Guatemala’s conflict and impunity, disputes involving development projects on land claimed by indigenous peoples and local communities, criminalization of protests, and violence and discrimination.
“A fragile peace”
Although Guatemala has been at peace for over 20 years, its history of inequality and a civil war that lasted over 30 years have left a legacy of impunity, corruption, racism, and violence which fundamentally threaten stability and equitable development. Since 2006, however, justice sector actors have been supported by the United Nations-backed International Commission against Impunity in Guatemala (known as CICIG) which aims to investigate criminal groups undermining democracy. CICIG may conduct independent investigations, act as a complementary prosecutor, and recommend public policies to help fight the criminal groups that are the subject of its investigations. This is an innovative institution for the United Nations and is unique in the sense that it combines international support, independence to investigate cases, and partnerships with the Guatemalan Attorney General’s Office.
While the assessment report identifies ongoing rule of law challenges in Guatemala, it highlights the vital role CICIG and its current Commissioner, Mr. Iván Velásquez of Colombia, play in supporting the Attorney General’s Office to address the identified challenges. In fact, the majority of our recommendations are reliant upon CICIG’s continued presence in Guatemala as the country’s judiciary is not yet equipped to address and resolve corruption and impunity on its own. The American Bar Association, an ILAC member, has stated that:
it would be impossible to instill the rule of law within Guatemala at this time without the support of an international body. While many prosecutors and judges have – at great personal risk – performed their responsibilities with integrity, the pressures on the criminal justice sector writ large are so great that it is not currently able to operate independently without international support.
An abrupt end to CICIG’s mandate may also potentially result in backsliding of judicial and prosecutorial independence and integrity. Our report therefore includes a specific recommendation for a four-year extension of CICIG’s mandate.
In light of this recommendation, it is also worth noting that CICIG currently enjoys widespread public support in Guatemala and, according to a recent report by the International Crisis Group, “is a rare example of a successful international effort to strengthen a country’s judicial system and policing.”
ILAC joins call to extend CICIG’s mandate
Our assessment report comes at a crucial time as the future of CICIG is in jeopardy. In August, Guatemala’s President Jimmy Morales announced that he would not extend CICIG’s mandate beyond its current expiration date in September 2019 (note that CICIG is currently investigating President Morales for illegal campaign financing). President Morales simultaneously barred Mr. Velásquez, who at the time was in the United States, from re-entering Guatemala. Subsequently, President Morales ignored an order by Guatemala’s Constitutional Court allowing Mr. Velásquez to return (the Constitutional Court has reaffirmed that order just this past Thursday). President Morales has also developed a rhetoric accusing CICIG of presenting “a threat to peace” in Guatemala and constructing “a system of terror.”
Our report is an acknowledgement of CICIG’s role in laying the foundation for a stronger and more resilient judicial system in Guatemala. And, in order to continue to build upon this foundation, we join the call for Guatemala to recommit to the work of CICIG under Mr. Velásquez and for an extension of CICIG’s mandate.
While we are neither the first nor the only observer to point out these challenges to the rule of law, we hope that the report will provide clear notice to state authorities that failure to address the documented and well-understood obstacles to the independence and effectiveness of the justice sector can only be taken as unwillingness to strengthen the rule of law in Guatemala. Without an effective and independent system of justice, the rule of law and human rights cannot be secured.
In a future post we will elaborate upon how the current situation in Guatemala reflects the challenges and opportunities for promoting justice globally in the context of the United Nations 2030 Agenda for Sustainable Development, and particularly SDG 16.
To learn more, you can read the report press release here.
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