Guatemala Civic Freedom Monitor

Recent Developments

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

Introduction

Despite the profound challenges posed by more than three decades of civil war (1960–1996) and decades of authoritarian rule, Guatemala’s civil society has demonstrated resilience and continues to serve as a vehicle for citizen engagement, advocacy, and community support.

Guatemala’s legal system is based on civil law traditions. The rights to the freedoms of association, assembly, and expression are enshrined in Guatemala’s Constitution. Exercise of these rights, however, is frequently hindered by bureaucratic hurdles, restrictive interpretations of statutes, and the threat of harassment or criminalization for advocacy on politically sensitive issues.

Civic Freedoms at a Glance

Organizational Forms	1. Civil associations, Foundations, Evangelical Churches, Non-Governmental Organizations, Civil Societies. 2. Neighborhood Associations, Community Associations for Development, Associations of the Communities of the Indigenous Peoples, Organizations of the Municipal Councils of Development (COMUDES), Community Development Councils (COCODES), Educational Committees (COEDUCAS), The School Boards, The Educational Councils
Registration Body	1. Registration of Legal Entities (REPEJU) Dependent on the Ministry of Government. 2. Municipalities
Approximate Number	Civil associations: 10,817 Foundations: 499 Evangelical Churches: 3,201 Non-Governmental Organizations: 1,412 Civil Societies: 253 [Source: REPEJU, February 2022]
Barriers to Formation	An NGO is required by law to have a minimum of 7 founding members. There are limits on the number of foreigners who can be members of NGOs.
Barriers to Operations	Human rights defenders and environmental activists are subject to threats, harassment, stigmatization and violent attacks, and in some cases, assassination.
Barriers to Resources	Organizations face different difficulties, especially those that carry out monitoring and reporting work on issues such as corruption, because they are attacked publicly and on social media. In addition, the state discourages the execution of projects by such organizations. Laws on money laundering and terrorist financing are applied indiscriminately without a risk-based approach.
Barriers to Expression	Individuals, activists, journalists and organizations that engage in public advocacy on politically sensitive or controversial issues are subject to threats, harassment and violent attacks.
Barriers to Assembly	Law enforcement has engaged in the excessive use of force in response to peaceful demonstrations. There is also the potential use of “terrorism” laws to restrict assemblies.

Legal Overview

This section provides a brief overview of Guatemala’s legal framework for the promotion and protection of civic freedoms. Click a subheading for more, or click here to expand all subheadings.

RATIFICATION OF INTERNATIONAL AGREEMENTS

Key International Agreements	Ratification*
International Covenant on Civil and Political Rights (ICCPR)	1992
Optional Protocol to ICCPR (ICCPR-OP1)	2000
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	1998
Optional Protocol to ICESCR (Op-ICESCR)	No
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	1983
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	1982
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	2002
Convention on the Rights of the Child (CRC)	1990
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	2003
Convention on the Rights of Persons with Disabilities (CRPD)	2009

Key Regional Agreements	Ratification
American Convention on Human Rights	2000

* Category includes ratification, accession, or succession to the treaty

CONSTITUTIONAL FRAMEWORK

The Political Constitution of the Republic of Guatemala, 1985, regulates the right of assembly and demonstration, the right of association, the freedom of expression of thought, and the pre-eminence of international law, among others.

Article 33: Right of Assembly and Demonstration [Manifestación]

The right of peaceful assembly without weapons is recognized. The rights of assembly and of public demonstration may not be restricted, diminished, or restrained; and the law shall regulate them with the sole purpose of guaranteeing the public order. Religious processions outside of churches are permitted and regulated by law. For the exercise of these rights, prior notification by the organizers before the competent authority will suffice.

Article 34: Right of Association

The right of free association is recognized. No one is obligated to associate [with] or to form part of mutual-interest [autodefensa] or similar groups or associations. The case of professional associations is excepted.

Article 35: Freedom of Expression of Thought

The expression of thought through any means of dissemination, without censorship or prior permission, is free. This constitutional right may not be restrained by [the] law or by any governmental provision. [The person] who by using the freedom should fail to respect private life or morals, will be held responsible in accordance with the law. Whoever may feel offended has the right of publication of his [or her] defense, clarifications, and rectifications.

The publications which contain denunciations, criticisms, or accusations [imputaciones] against functionaries or public employees for actions conducted in the performance of their duties[,] do not constitute a crime or a fault.

The functionaries and [the] public employees can request a tribunal of honor, composed in the form determined by the law, to declare that the publication that affects them is based on inaccurate facts or that the charges made against them are unfounded. A court ruling [fallo] that vindicates the offended, must be published in the same media of social communication where the accusation appeared.

The activity of the means of social communication is of public interest and in no case may they be expropriated. They may not be closed, attached [embargados], interfered with, confiscated, or seized [decomisados], nor may the enterprises, plants, equipment, machinery, and gear [enseres] of the means of communication be interrupted in their functioning, for faults or crimes in the expression of thought.

The access to the sources of information is free and no authority may limit this right.

The authorization, limitation or cancellation of the concessions granted by the State to persons may not be used as elements of pressure or duress [coacción] to limit the exercise of the freedom of expression of thought.
A jury will take exclusive cognizance of the crimes or faults to which this Article refers.

Everything that relates to this constitutional right is regulated in the Constitutional Law for the Expression of Thought [Ley Constitucional de Emisión del Pensamiento].

The owners of the means of social communication must provide socio-economic coverage to their reporters, through the contracting of life insurance.

Article 44: [The] Rights Inherent to the Human Person

The rights and [the] guarantees granted by the Constitution do not exclude others that, even though they are not expressly mentioned in it, are inherent to the human person.

The social interest prevails over the individual [particular] interest.

The laws and the government provisions or [those of] any other order that reduce, restrict, or distort the rights guaranteed by the Constitution are void ipso jure.

Article 45: Action Against Offenders [Infractores] and Legitimacy of Resistance

The action to prosecute the violators of human rights is public and may be exercised through a simple denunciation, without any guarantee or formality whatsoever. The resistance of the people for the protection and defense of the rights and guarantees granted in the Constitution is legitimate.

Article 46: Preeminence of [the] International Law

The general principle that within matters of human rights, the treaties and agreements approved and ratified by Guatemala, have preeminence over the internal law is established.

NATIONAL LAWS, POLICIES, AND REGULATIONS

Civil Laws

Tax Laws

Criminal Laws

Other Types of Laws

PENDING REGULATORY INITIATIVES

In October 2022, Bill 6145 was presented before the Congress, which among other purposes, sought to control to a greater extent the functioning, operation, cooperation, and planning of NGOs. It, for example, allows the government to arbitrarily decide the “viability of [an] organization,” which can limit the right to freedom of association and the defense of human rights in Guatemala. This initiative entered its second reading in the Plenary of the Congress, but there are fears from organizations that it will be harmful to democracy and civil society and that it may soon enter into force as a law. It has remained pending.

We are unaware of other pending legislative/regulatory initiatives affecting NGOs. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org

Legal Analysis

This section provides an in-depth assessment of Guatemala’’s legal environment for civic freedoms, including the barriers to the exercise of the freedoms of association (formation, operations, resources), expression, and peaceful assembly. Click a subheading for more, or click here to expand all subheadings.

ORGANIZATIONAL FORMS

Civil society organizations (CSOs) in Guatemala most commonly take one of three legal forms: associations, foundations, or non-governmental organizations (NGOs). Each is regulated under different legal provisions.

Associations are governed by Article 15 of the Civil Code. They are not-for-profit entities formed to advance political, social, cultural, professional, religious, or other common interests. Trusts and committees created for social or public benefit are also treated as associations.
Foundations, regulated under Article 20 of the Civil Code, are created through a public deed or testament. They must be established with a dedicated set of assets and a defined purpose. The Public Prosecutor’s Office oversees foundations to ensure that assets are used in accordance with the founder’s intent.
Non-Governmental Organizations (NGOs) are defined in the Law of Non-Governmental Organizations for Development (Decree 02-2003, known as the NGO-D Law) (Ley de Organizaciones No Gubernamentales para el Desarrollo). NGOs are non-profit entities dedicated to cultural, educational, sports, social, charitable, or development-related purposes. Article 12 of the law allows foreign non-profit entities to validate their incorporation in the Guatemalan legal system.

PUBLIC BENEFIT STATUS

Guatemalan law provides several tax benefits for not-for-profit entities. Under the Tax Law (Decree 10-2012, Article 11), organizations are exempt from income tax if they pursue purposes of “welfare, charity, beneficence, education and instruction, science, literature, arts, political, professional, unions, sports, religious, culture or development of indigenous communities and those of culture.” This exemption applies only to income used for these purposes and not distributed to members, either directly or indirectly. Revenue generated through economic activities, such as commerce, agriculture, financing, or services, is taxable and must be reported in annual tax filings.

To be certified as “tax-exempt,” an organization must:

Have a constitution notarized as a public deed;
Be registered with the Registry of Legal Entities;
Be registered with the Department of Tax Administration (Superintendencia de Administración Tributaria or SAT);
Meet the minimum membership requirements for its organizational type; and
Have a not-for-profit purpose.

To receive tax-deductible donations, an association, foundation, or other eligible entity must be duly constituted and registered as a tax-exempt organization with the SAT. Once the organization is registered with the SAT, it receives a “Resolution” confirming its tax-exempt status (Tax Law Regulations, Article 31). Local partners report that the Resolution is generally granted within one week.

The Value Added Tax (Decree 27-92, Ley del Impuesto al Valor Agregado) designates associations, foundations, and educational, cultural, social, and religious entities that are legally registered as exempt from VAT. It also exempts membership fees paid to associations, social, professional, cultural, scientific, educational, and sports institutions, as well as professional associations and political parties, from taxation (Articles 7, 9 and 10).

PUBLIC PARTICIPATION

The Constitution of Guatemala contains several provisions supporting public participation:

Article 30 guarantees that administrative acts are public and entitles any interested party to request reports, copies, or certifications related to proceedings.
Article 98 guarantees community participation in the planning, execution, and evaluation of health programs.
Articles 173 and 280 require that reforms of special significance be ratified through popular consultation through a process initiated by the President or Congress and regulated by the Supreme Electoral Tribunal.

Beyond the Constitution, the Law on Urban and Rural Development Councils aims to involve citizens in decision-making process. Article 26 requires consultations with indigenous peoples (Maya, Xinca, and Garífuna), but only if a specific law regulating the consultation of indigenous peoples is enacted, which has not yet happened. Government efforts to promote awareness and use of the Law and opportunities for participation remain limited.

Decree 4-2020 to Reform the Law of Non-Governmental Organizations for Development (NGO-D Law) allows the government to suspend CSO activities if funding is deemed to “disrupt public order”—a vague concept often used to suppress dissent. Although initially blocked due to constitutional challenges, the Constitutional Court dismissed these injunctions in mid-2021, clearing the way for the law’s enforcement. Critics, including civil society groups and international bodies, argue that the law grants excessive discretionary power to the executive.

Restrictions on Participation around Extractive Industries

CSOs and community activists advocating to protect indigenous people’s territories and the environment often face criminal prosecuted, particularly in relation to mining. For example, in 2019, a Canadian mining company issued an apology after private security guards shot and injured protesters in 2013 who were opposing the lack of community consultation at a gold and silver mine in southeastern Guatemala. In July 2020, President Alejandro Giammattei ordered a 30-day “state of siege” in five municipalities of Izabal and Alta Verapaz, restricting freedom of movement and assembly. The measure, which was justified as a means of establishing order amid the presence of armed criminal groups, coincided with community opposition to the controversial El Estor nickel mine operated by the Guatemalan Nickel Company, effectively stifling protests.

BARRIERS TO FORMATION

The Registry of Legal Entities (REPEJU) oversees the registration of associations, foundations, NGOs, and other categories of CSOs, in accordance with Articles 438-440 of the Civil Code. In practice, REPEJU frequently changes its criteria and interprets vague provisions restrictively, creating uncertainty for organizations seeking legal recognition. Other forms of CSOs—such as cooperatives, development councils, trade unions, political parties, corporations, and anonymous societies—register with different authorities under their respective laws.

Registration of all CSOs is accomplished by a public deed before a notary, with fees varying by authority. As a general rule, registration authorities have no discretion to deny registration if requirements are met.

The minimum number of founding members differs by organizational form. For example:

NGOs require at least seven founding members.
Associations need one member more than the total number of members on their Board of Directors.
Foundations may be formed by at least two natural or legal persons.
Trade unions and cooperatives each need at least 20 founding members.

The NGO-D Law also limits foreign membership in NGOs: no more than 25 percent of members may be foreigners, and they must be residents of Guatemala (Article 7). Associations are not subject to this restriction.

International NGOs register through REPEJU but must first obtain recognition from the Ministry of the Interior. The process requires:

Certification of authenticity from the Ministry of Foreign Affairs of the NGO’s founding documents in the country of origin;
Certification of authenticity from the Ministry of Foreign Affairs of the ordinary act recording the NGO’s decision to open an office in Guatemala. In the same act, the NGO representative must be appointed to carry out the registration process.

Based on this documentation, the Ministry of the Interior issues a Ministerial Resolution recognizing the NGO’s legal status in Guatemala. REPEJU then proceeds to register the Ministerial Resolution.

BARRIERS TO OPERATIONS

The 2020 reforms to the NGO-D Law significantly restricted the operations of NGOs. Organizations can only pursue activities specifically authorized in Decree 4-2020.

Supervision

The law grants the Registry of Legal Entities (REPEJU) and the Ministry of the Interior broad supervisory powers over all CSOs, not only those receiving state funds.

CSOs receiving foreign donations must report them to the Ministry of Foreign Affairs, including details on amounts received and their use.

The Special Verification Intendency (IVE), part of the banking system, also monitors NGOs for compliance with anti-money laundering and counter-terrorism legislation. Failure to meet IVE’s requirements can be subject to fines ranging from $10,000 to $50,000.

Termination

Under the NGO-D Law, an NGO may be dissolved for the following reasons:

When it cannot continue with the purposes indicated in its statutes;
By agreement of the extraordinary general meeting with the vote of at least 60 percent of its members;
By legal provision or resolution of the competent court.

The 2020 reforms to the NGO-D Law added new grounds for involuntary dissolution, including carrying out activities that “alter public order” or failing to update organizational data within six months of the law’s publication (February 2, 2022). As only 199 of the 1,412 registered NGOs updated this information, 1,213 NGOs faced cancellation.

Harassment and Attacks

Beyond legal restrictions, CSOs and activists—particularly those working on land, indigenous, and environmental rights—face serious threats. A report by Amnesty International notes harassment, smear campaigns, criminalization, and violent attacks, including assassinations of human rights defenders. In March 2017, a coalition of CSOs and communities raised these issues before the Inter-American Commission on Human Rights, highlighting persistent risks for defenders.

Barriers to International Contact

There are no legal restrictions on CSOs’ ability to contact or cooperate with international partners, participate in networks, or access the internet.

BARRIERS TO RESOURCES

Foreign Funding

Guatemalan law does not impose any restrictions or special rules on domestic CSOs receiving foreign funding. However, government authorities have discouraged donors from giving foreign resources to NGOs for advocacy activities, advising them to fund service delivery projects such as vaccination programs or electoral support initiatives instead.

Government Funding

NGOs can access public funds through direct public contracting. Both national and municipal government bodies are authorized to implement programs and projects through NGOs or legally constituted associations. The General Budget Law requires government programs to operate either through direct administration or contracts with legally recognized entities. This requirement is intended to ensure accountability and prevent mismanagement or political misuse of public funds.

Congress can also allocate direct contributions to NGOs through the Organic Law of the General Budget of Income and Expenditures of the State, which is approved annually. Each year, the Finance and Treasury Commission of Congress consults with NGOs and foundations to assess needs and determine which organizations will receive direct budgetary contributions. There are no predefined criteria for selecting recipient organizations. In 2016, approximately 72 NGOs and foundations received direct budgetary contributions.

All public funds received by NGOs, foundations, and legally constituted associations are subject to oversight by the Comptroller General of Accounts.

BARRIERS TO EXPRESSION

Article 35 of Guatemala’s Constitution protects the “freedom of expression of thought” and addresses several aspects of freedom of expression in considerable detail (See the “Constitutional Framework” sub-section above in this report).

While there are no formal legal restrictions on speech or advocacy, in practice, individuals, activists, and organizations engaging in politically sensitive or controversial advocacy face threats, harassment, and violent attacks. Journalists and reporters are also at risk, receiving threats from public officials and criminal organizations, which has led many to practice self-censorship. According to the 2022 Reporters Without Borders World Press Freedom Index, Guatemala ranked 124 out of 180 countries (with 180 being the least free).

The Guatemalan Association of Journalists (APG) reported 250 attacks against the press between January 2020—when President Alejandro Giammattei took office—and mid-2022. APG noted that public authorities violated freedom of expression by targeting journalists, participants in protests, and individuals critical of the regime.

In one case in 2020, a journalist was detained and beaten by police for allegedly being intoxicated after the COVID-19 curfew. A court later ruled the detention lacked merit, ordering the journalist’s release and an investigation into the police officers involved. The incident followed the journalist’s reporting on an investigation into a high-profile government official.

BARRIERS TO ASSEMBLY

Article 33 of the Guatemalan Constitution guarantees the right to assembly and demonstration, without weapons. Assemblies and demonstrations cannot be restricted, diminished, or restrained, and the law regulates them solely to guarantee public order. Religious demonstrations outside of temples are permitted and regulated by law. Organizers are generally required only to provide prior notification to the competent authority.

Based on the constitutional precept, organizers notify the departmental government (e.g., governor or local police) of their plans. Although the notification procedures are not defined by law or regulation, in practice organizers provide the following information:

The name(s) of the organizer(s), along with identification documents, addresses, and phone numbers;
The date and time of the planned assembly or demonstration;
The location or planned route of the assembly or demonstration, including the streets to be used or passed.

Meetings and assemblies can be held in any public or private space. The law does not restrict information exchange, planning, or communication about protests, including with foreigners or online.

In 2014, the Law for the Circulation by Roads Free of any type of Obstacles (Ley para la Circulación por Carreteras Libre de cualquier Tipo de Obstáculos) was enacted. It allows the General Directorate of Roads to request the National Police’s help in removing obstacles from the roads (Article 8) and imposes fines of GTQ 1,000-5,000 (USD 130-650) for blocking roads (Article 9).

In September 2016, the government issued a 15-day emergency decree that gave it the authority to dissolve groups, meetings, protests, and media coverage that “contributed to or incited” disruption of public order. Following criticism from civil society, the president of congress, and the human rights ombudsman, it was rescinded two days later. The NGO Center for Legal Action on Environment (CALAS) and the National Unity of Hope party filed a case claiming the executive branch had violated the constitution, but the case was ultimately dismissed by the Supreme Court.

In 2021, the government of Alejandro Giamattei strategically placed a vaccination post in front of the Plaza de la Constitución. The objective may have been, at least in part, to prevent demonstrations in a historic place because various civic groups demonstrated in that same square for 22 weeks in 2015 to demand the resignation of President Otto Pe’rez Molina and Vice-President Roxanna Basldetti. In addition, in March 2022, during the celebration of the first “Family Day,” law enforcement prevented demonstrations by closing streets surrounding the National Palace.

There have been cases where law enforcement has engaged in the excessive use of force in response to peaceful demonstrations. For example, in January 2018, the police and military officers used tear gas to attack protesters while waiting for then President Jimmy Morales’ presentation of the Governments’ Second Report.

Additional Resources

This section contains links to external reports and news reports relevant to civic freedoms. The Historical Notes section contains links to past developments which ICNL has reported on. Click a subheading for more, or click here to expand all subheadings.

GLOBAL INDEX RANKINGS

Ranking Body	Rank	Ranking Scale (best – worst possible)
UN Human Development Index	137 (2024)	1 – 193
World Justice Project Rule of Law Index	107 (2024)	1 – 142
Transparency International	146 (2024)	1 – 180
Foreign Policy: Fragile States Index	65 (2024)	179 – 1
Freedom House: Freedom in the World	Status: Partly Free Political Rights: 17 Civil Liberties: 29 (2024)	Free/Partly Free/Not Free 40 – 1 60 – 1

REPORTS

UN Universal Periodic Review Reports	Guatemala UPR page
Reports of UN Special Rapporteurs	Submission to the UN Special Rapporteur on Education (2008) Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Guatemala (2018)
USIG (United States International Grantmaking) Country Notes	USIG: Guatemala
U.S. State Department	Guatemala Human Rights Report (2024)
Fragile States Index Reports	Foreign Policy: Fragile States Index
IMF Country Reports	Guatemala and the IMF
International Commission of Jurists	Guatemala archives
Human Rights Watch	World Report: Guatemala (2025)
International Center for Not-for-Profit Law Online Library	Guatemala

NEWS

Chair of Transparency International visits imprisoned Guatemalan anti-corruption activist (June 2025)
Transparency International Chair François Valérian visited imprisoned Guatemalan journalist and anti-corruption advocate José Rubén Zamora, in a powerful gesture of solidarity at a time of intensifying threats to civil society in Guatemala and the wider region. He was joined by Manfredo Marroquín, founder of Acción Ciudadana, Transparency International’s chapter in Guatemala, which continues to play a vital role in defending democratic space and fighting corruption in the country.

Civil society groups demand due process in Guatemala journalist detention review (October 2024)
Nineteen international civil society organizations issued a statement demanding due process guarantees at a key hearing for Guatemalan journalist Jose Rubén Zamora. The organizations, including Amnesty International, Article 19 and the Committee to Protect Journalists, expressed deep concern over reports of human rights violations and threats to judicial independence in Zamora’s case. The civil society groups further highlighted that the substitute judge appointed to preside over a hearing has faced stigmatization on social media and a criminal complaint, which they view as attempts to exert undue pressure.

Will Guatemala’s new reformist president get a veteran muckraker out of jail? (January 2024)
In the summer of 2022, a unit of armed police officers in Guatemala raided the home of José Rubén Zamora, the founder of the independent newspaper elPeriódico , and arrested him on suspicion of money laundering and associated crimes while his grandchildren hid in a closet…. But the case looked cobbled together from the start, and many observers instantly suspected that it was politically motivated. Zamora had been a thorn on the side of the administration of President Alejandro Giammattei…. Already, there are signs of a change in the Guatemalan government’s approach to Zamora’s case. But resolving it—not to mention improving conditions for Guatemala’s other independent journalists—remains a highly complicated task.

UN raises alarm on attempts to annul Guatemala’s general election results (December 2023)
The United Nations high commissioner for human rights deplored “persistent and systematic” attempts to undermine the outcome of Guatemala’s elections and called for the will of voters to be upheld, after public prosecutors moved to overturn President-elect Bernardo Arevalo’s victory. Prosecutors have threatened to annul the victory of Arevalo, who is set to take office on January 14.

Police begin clearing protesters’ roadblocks after president threatens a crackdown (October 2023)
Riot police began efforts to clear roadblocks by protesters who have paralyzed parts of Guatemala for more than a week, just hours after President Alejandro Giammattei vowed to clear the country’s roadways. More than 120 roadblocks have snarled traffic and disrupted commerce as thousands of farmers and members of Indigenous communities demand the resignation of Attorney General Consuelo Porras and express their support for incoming progressive President-elect Bernardo Arévalo. Porras’ office has multiple open investigations related to August’s presidential elections and has successfully sought the suspension of Arévalo’s party — moves that the protesters denounce as attempts to thwart the incoming leader before he takes office in January.

Guatemala court suspends opposition party, casting doubt over presidential run-off vote (July 2023)
A Guatemalan court has suspended the party of one of the candidates in next month’s presidential run-off election, raising questions over the vote. In a video posted on the Twitter account of the Guatemalan Public Ministry, Rafael Curruchich, the head of the Special Prosecutor’s Office Against Impunity (FECI), said they are investigating Movimiento Semilla for allegedly falsifying citizens signatures. Movimiento Semilla is the party of opposition candidate Bernardo Arévalo.

Guatemala election run-off: Chaos after key party suspended (July 2023)
Guatemala’s troubled presidential election was thrown into even greater turmoil when the country’s top electoral tribunal confirmed the results of the June 25 vote while the attorney general’s office announced that the second-place Seed Movement party had been suspended. The seemingly contradictory moves fed more than two weeks of rising tensions and suspicions after the first round of voting, which had apparently sent conservative Sandra Torres and progressive Bernardo Arevalo, who leads the Seed Movement, into an August 20 presidential run-off.

Respect Election Results (July 2023)
Guatemalan authorities should respect the results of elections held on June 25, 2023. Concerned governments, including from Latin America, should urge the government and other authorities to ensure democratic values and respect the will of Guatemalans expressed at the polls.

Outrage in Guatemala as crusading journalist given six-year prison term (June 2023)
A veteran journalist and founder of one of Guatemala’s oldest newspapers has been sentenced to six years in prison for money laundering, in a case widely condemned as politically motivated. José Rubén Zamora, 66, was convicted by a three-judge panel in Guatemala City, who ruled that there was “no doubt” the outspoken critic of government corruption masterminded the laundering of almost $40,000 in 2022. The court acquitted Zamora of blackmail and peddling influence charges.

Guatemala Election Campaigning begins Amid Public Distrust (April 2023)
Campaigning began last month for Guatemala’s general elections, with political messaging filling the streets, local broadcasts and social media. But less than three months before the June 25 vote, concerns are mounting among national and international observers over the integrity of the process.

Guatemalan Rights Defenders Challenge Ban from Presidential Ballot (February 2023)
In Guatemala, indigenous human rights defender and presidential hopeful Thelma Cabrera has vowed to fight the decision by Guatemala’s Supreme Electoral Tribunal to block her and her running mate, former human rights ombudsman Jordán Rodas, from the ballot in this year’s presidential elections. Cabrera and Rodas, who are members of the leftist political party, the Movement for the Liberation of the Peoples, were in Washington, DC to meet with the Inter-American Commission on Human Rights following their ban from the elections.

Deputies Confront Bill that Contemplates the Creation of a New Ministry (January 2023) (Spanish)
The presentation in the plenary of the Congress of decree 6145 led to discussion between deputies on the viability of this law and allegations of its unconstitutionality and violations of human rights if it were to go into effect.

CSOs Welcome US House of Representatives Resolution (November 2022) (Spanish)
CSOs welcomed the US House of Representatives resolution to restore the rule of law in Guatemala. The resolution urges the US Government to increase its efforts to demonstrate to Guatemala’s corrupt officials and business elites that their systematic attempts to undermine the rule of law will have consequences.

Civil Society Concerned about Voting Legitimacy (November 2022) (Spanish)
According to CSOs and former electoral authorities, in the next elections votes could be lost if the way in which the data is entered is not modified. This could threaten electoral legitimacy.

ARCHIVED NEWS

Under Giammattei’s Government There Have Been 350 Attacks on the Press (July 2022) (Spanish)

Deputies Seek to Authorize Alternative Measures for Police and Soldiers Who Use Force (June 2022) (Spanish)

Young People Reject Law for the Protection of Life and Family for Limiting Rights (March 2022) (Spanish)

Guatemala’s Top Court Backs Controversial NGO Law (May 2021)

Attack on Top Court Threatens Constitutional Crisis (July 2020)

New Law Threatens NGOs’ Work (February 2020)

Government takes advantage of the state of siege to attack Human Rights (September 2019) (Spanish)

President of the Congress, Alvaro Arzú Jr, talks about the NGO law (June 2019)

UN Special Rapporteur Freedom of Association Clement Voule criticized Bill 5527 (March 2019)

European Parliament denounces violations of human rights and shows support for CICIG and NGO defenders (March 2019)

Termination of CICIG is latest blow to the fight against impunity (January 2019)

IACHR Expresses Alarm over the Increase in Murders of Human Rights Defenders in Guatemala (October 2018)

The Congress denounces Acción Ciudadana (June 2018) (Spanish)

The UN asks Guatemala to investigate the murders of three human rights defenders (May 2018) (Spanish)

Mayan Community Protests Illegal Miners (February 2018)

HISTORICAL NOTES

Guatemala continues to grapple with the aftermath of a 36-year long civil war that formally ended with the signing of the Peace Accords in 1996. The 1999 Truth Commission reported 42,000 human rights violations, 626 massacres, and approximately 200,000 killings during the conflict.

Civil society organizations (CSOs) in Guatemala have been targeted and repressed since the early 1960s when the civil war began, as the state viewed them as internal threats. Members of CSOs faced terror, disappearances, torture, and killings under authoritarian regimes throughout much of the 20th century.

Following the Peace Accords and the adoption of a new constitution, presidential elections were reinstated, and the CSO sector began to recover. The International Commission Against Impunity in Guatemala (CICIG) played a key role in combating clandestine security forces and corruption, leading to the prosecution of former President Otto Pérez Molina. However, when CICIG investigations reached the family of former President Jimmy Morales, he requested the commission’s dissolution. Since then, state agencies have increasingly been viewed as subject to cooptation, raising concerns about impunity in corruption and transitional justice cases.

Guatemala continues to face serious structural challenges, including poverty, famine, lack of economic opportunities (particularly in rural areas), organized crime and gang-related violence, and high levels of impunity. Indigenous peoples, women, and children often have limited access to justice. Human rights defenders, journalists, and public officials working on crime and corruption frequently encounter threats and physical attacks.

In January 2024, Bernardo Arévalo was sworn in as president. A co-founder of the progressive Movimiento Semilla (Seed Movement), which emerged from widespread anti-corruption protests in 2015, Arevalo’s election has generated optimism about reviving democratic space and supporting the role of civil society in Guatemala.

Key Events

1. In March 2022, the Association for Legislative Development and Democracy (LEGIS) presented a report to the United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association, Clément Nyaletsossi Voule, that examined the crisis in Guatemala since the entry into force of the reforms to Decree 02-2003 or the Law on Non-Governmental Organizations for Development (NGO-D Law). Among other concerns, more than 1,000 organizations are in danger of being closed by the government. Please see the Barriers to Operations section below in this report for more details.

2. On April 14, 2021, a new Constitutional Court commenced its term. The magistrates who took office are Gloria Porras, Nester Vásquez, Dina Ochoa, Roberto Molina Barreto, and Leyla Lemus. Substitutes: Rony López, Claudia Paniagua, Luis Rosales, Walter Jimenez, and Juan José Samayoa.

3. In March 2021, CSOs presented to the Constitutional Court amicus curiae on the protection and maintenance of the Law on NGO-Ds.