MOTION FOR A RESOLUTION on the Situation of human rights in Guatemala

12.3.2019 - (2019/2618(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Fabio Massimo Castaldo, Rolandas Paksason behalf of the EFDD Group

See also joint motion for a resolution RC-B8-0182/2019

B8‑0183/2019

European Parliament resolution on the Situation of human rights in Guatemala

(2019/2618(RSP))

The European Parliament,

–  having regard to the Universal Declaration of Human Rights and to the UN human rights conventions and the optional protocols thereto and in particular to the UN Covenant on Civil and Political Rights of 1966,

–  having regard to the 1989 International Labour Organisation Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO Convention 169),

–  having regard to the human rights clauses of the EU-Central America Association Agreement and the EU-Central America Partnership and Cooperation Agreement (PCA), in force since 2013,

–  having regard to its previous resolutions on debates on cases of breaches of human rights, democracy and the rule of law, including its resolutions of 15 March 2007 on Guatemala and of 16 February 2017 on Guatemala, notably the situation of human rights defenders,

–  having regard to its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries,

–  having regard to the final report of the delegation of its Subcommittee on Human Rights visit to Guatemala of February 2016,

–  having regard to the final report of its Delegation for relations with the countries of Central America visit to Guatemala on February 2015,

–  having regard to the EU Action Plan on Human Rights and Democracy (2015-2019),

–  having regard to the EU Guidelines for the Protection of Human Rights Defenders and to the Strategic Framework on Human Rights, which commits to engage on human rights defenders,

–  having regard to the Multiannual Indicative Programme for Guatemala 2014-2020, and its engagement to contribute to the resolution of conflicts, to peace and to security,

–  having regard to the European Union support programmes for the justice sector in Guatemala, particularly SEJUST,

–  having regard to the Statement by the Spokesperson of the EEAS on the decision of the Guatemalan government not to renew the CIGIC mandate, of 2 September 2018,

–  having regard to the joint letter of the President of the UN Working Group on Forced or Involuntary Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, reparation and Guarantees of No-Repetition to the President of Guatemala, of 6 April 2018,

–  having regard to the pronouncement of the High Commissioner for Human Rights of the United Nations, Michelle Bachelet, on the decision of the Guatemalan government against the CICIG, on 10 September 2018,

–  having regard to the declaration of the High Commissioner for Human Rights of the United Nations, Michelle Bachelet, on the bill amending the Guatemalan Law on Non-Governmental Organisations for Development, of 6 March 2019,

–  having regard to UN Human Rights Council Resolution 26/9 of 26 June 2014, in which the UNHRC decided to establish an open-ended intergovernmental working group with the aim of drawing up an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights,

–  having regard to the “Open Letter from Members of the European Parliament on Guatemala” of 18 April 2018,

–  having regard to Articles 2, 3(5), 18, 21, 27 and 47 of the Treaty on European Union, and to Article 208 of the Treaty on the Functioning of the European Union,

–  having regard to Rules 135 of its Rules of Procedure,

A.   Whereas the current situation in Guatemala is characterized by an extremely high level of insecurity, while the National Civil Police (PNC) is weakened;

B.  Whereas 26 human rights defenders have been killed in 2018, meaning an increase of 136 percent compared with 2017; whereas harassment, threats and aggressions against human rights defenders, including journalist, indigenous right defenders and environmental and land rights activists are increasing;

C.   Whereas many of the violations are carried out by clandestine security structures and illegal groups;

D.   Whereas campaigns of defamation and stigmatisation have been carried out by both state and non-state actors, particularly transnational companies; whereas state authorities continue to publish statements and press releases in which they publicly incriminate HRDs on unverified charges;

E.   Whereas private companies related to the mining sector and the construction of dams and other actors are launching criminal proceedings against human rights defenders, spuriously accusing them of crimes such as acts of terrorism, usurpation of land, kidnappings and others;

F.   Whereas, at the same time, perpetrators of crimes against the human rights defenders enjoy an exceptionally high level of impunity;

G.   Whereas judges and judicial staff investigating on cases of corruption and war crimes are increasingly harassed and threatened; whereas organisation on the country side are under increasing risk, in particular when indigenous and when working on territorial rights;

H.  Whereas an International Commission Against Impunity in Guatemala (CICIG) has been stablished by an Agreement with the UN, in 2006; whereas since, 2007, CICIG's mandate has been extended four times by the UN Secretary General upon request of the government of Guatemala;

I.   Whereas, during these years the CICIG has been fighting corruption and impunity on invitation of the Government of Guatemala and in close collaboration with the national institutions in Guatemala, in order to identify and help dismantle parallel hidden structures, as well as contributing to strengthening the capacities of the country's judicial and security institutions;

L.   Whereas, despite the fact that the mandate of the CICIG has been extended until September 2019, the government of Guatemala unilaterally announced the terminating of the 2006 treaty, after that the CICIG and the Public Ministry presented new investigations into illegal financing of the ruling FCN party in its electoral campaign; whereas in January 2019 the government cancelled the agreement with the UN on the CICIG with immediate effect;

M.   Whereas, as a consequence, the government prohibited the return of CICIC director Iván Velázquez to the country; subsequently cancelled visa for 11 CICIG employees;

N.  Whereas these measures have been contested and annulled by the Constitutional Court of Guatemala; whereas these rulings by the Constitutional Court have been ignored by the government; whereas the Congress prepares action against the Constitutional Court and its members, creating a flagrant conflict with the Rule of Law;

O.   Whereas the Congress has already approved in the first and second lecture, in early March 2019, a bill amending the national reconciliation law, which would extend amnesty for all crimes committed during the internal armed, including crimes against humanity, such as torture, forced disappearance and genocide; whereas the third debate and final vote could be scheduled as early as next week;

P.   Whereas, if approved, the bill would order the release within 24 hours of more than 30 military and paramilitary men convicted of forced disappearance, rape, massacres and other war crimes and would also shut down current and future trials;

Q.  Whereas reform bill 5377 fails to comply with Guatemala’s international commitments, according to the IACHR, is allegedly in complete contradiction with international law, and violates article 171 (g) of the Guatemalan Constitution, as all persons in prison crimes and crimes against humanity committed during the armed conflict would be free within hours;

R.  Whereas general and presidential elections are planned in Guatemala on June 11, and August 16, 2019;

 

1.  Praises all the human rights defenders, the journalist, the indigenous right defenders and the environmental and land rights activists and warmly encourage them to going on in their fight for human rights’ protection;

2.   Is worried by the current situation of extremely high level of insecurity, in Guatemala and condemns all the killings, harassment, threats and aggressions against human rights defenders;

3.   Condemns the unfair use of criminal proceedings in order to prevent HRDs from carrying out their legitimate human rights activities; denounces that many criminal proceedings are launched by private companies related to the mining sector and the construction of dams, spuriously accusing HRDs of crimes such as acts of terrorism, usurpation of land, kidnappings and others;

4.  Calls on the government of Guatemala to act against the campaigns of defamation and stigmatisation carried out by non-state actors, particularly transnational companies and to refrain from any such acts;

5.   Urges the government of Guatemala to take any step to bring to justice the perpetrators of crimes against the human rights defenders and to protect judges and judicial staff investigating on cases of corruption and war crimes from any harassment and threat;

6.   Recalls that guaranteeing an independent judiciary and respecting its independence as well as ensuring an impartial system are essential; and that these are key to consolidating efforts to combat corruption and impunity;

7.   Recalls that national and international corporations are directly bound by treaties and others national and international rules on human rights and environmental rights and that, if companies are found to have caused or contributed to harm, they must provide for or participate in effective remedy processes for the individuals and communities affected; notes that this includes restitution, compensation, rehabilitation and guarantees of non-repetition; recalls that governments have the responsibility to protect human rights and to secure to justice who violate such rights;

8.   Calls on the EU institutions to work towards the conclusion of internationally binding agreements that will strengthen human rights compliance, specifically in the case of Corporate liability for serious human rights abuses;

9.   Is concerned about the foreseen reforms of the Law on Non-Governmental Organisations on Development; denounces that the reforms would restrict freedom of expression and assembly as well access to funds, and open the door to arbitrarily shut down NGOs;

10.  Expresses its utmost concern about the current situation of the CICIG in Guatemala and asks the Guatemalan Government to cease all illegal attacks against the CICIG and its national and international staff; denounce that the actions of the government of Guatemala in this field run against its legal obligations towards the UN and several rulings of the Constitutional Court;

11. Is extremely worried by the reform of the bill to the National Reconciliation Law, which would drastically undermine all the important progress achieved through the work of CICIG and the national courts in their fight against impunity; shares the view of the UN High Commissioner that the amnesty for violators of human rights and crimes against humanity and war criminals foreseen in the bill would fuel even more violence into the country and lead to its complete destabilisation; therefore urges the Guatemalan Congress not to adopt the bill;

12. Expects the elections in Guatemala to take place in a pacific manner, and that security is provided for all candidates; underlines that the Supreme Electoral Court (TSE) must act independently and with no interference; offers to send Electoral Observation Mission from the EU;

13.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the President, Government and Parliament of the Republic of Guatemala, the CICIG, SIECA, the Parlacen, and the co-presidents of the EuroLat Assembly.