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Motion for a resolution - B9-0179/2022Motion for a resolution
B9-0179/2022

    MOTION FOR A RESOLUTION on the situation of the rule of law and human rights in the Republic of Guatemala

    5.4.2022 - (2022/2621(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 144 of the Rules of Procedure

    Gabriel Mato, Michael Gahler, David McAllister, Sandra Kalniete, Isabel Wiseler‑Lima, José Manuel Fernandes, Adam Jarubas, Krzysztof Hetman, Elżbieta Katarzyna Łukacijewska, David Lega, Stelios Kympouropoulos, Miriam Lexmann, Vangelis Meimarakis, Antonio López‑Istúriz White, Sara Skyttedal, Janina Ochojska, Tomáš Zdechovský, Michaela Šojdrová, Stanislav Polčák, Paulo Rangel, Peter Pollák, Luděk Niedermayer, Vladimír Bilčík, Jiří Pospíšil, Seán Kelly, Loránt Vincze, Ivan Štefanec, Christian Sagartz, Inese Vaidere
    on behalf of the PPE Group

    NB: This motion for a resolution is available in the original language only.
    Procedure : 2022/2621(RSP)
    Document stages in plenary
    Document selected :  
    B9-0179/2022
    Texts tabled :
    B9-0179/2022
    Texts adopted :

    B9‑0179/2022

    European Parliament resolution on the situation of the rule of law and human rights in the Republic of Guatemala

    (2022/2621(RSP))

    The European Parliament,

     

      having regard to its previous resolutions on Guatemala and in particular the one of 14 March 2019 on the situation of human rights in Guatemala

     

      having regard to the Statements by the spokesperson of the High Representative/Vice-President of the Union for Foreign Affairs and Security Policy (VP/HR) Josep Borrell on the rule of law situation in Guatemala of 11 February 2022, and on the deterioration of the rule of law in Guatemala of 23 February 2022,

     

      having regard to the EU-Central America Association Agreement

     

      having regards to the Statement attributable to the Spokesperson for the UN Secretary-General on Guatemala of 11 February 2022, and on Guatemala of 24 March 2022

     

      having regard to the statement of the Inter-American Commission on Human Rights (IACHR) over new violations of judicial independence in Guatemala of 22 February 2022, and the one by IACHR and UN Special Rapporteur on the Independence of Judges and Lawyers urging Guatemala to Guarantee Independence and Impartiality in the Appointment of the Country's New Attorney General of 9th March 2022,

     

      having regard to the Universal Declaration of Human Rights and to the UN human rights conventions and the optional protocols thereto,

     

      having regard to the UN Covenant on Civil and Political Rights of 1966,

     

      having regard to the Constitution of Guatemala

     

      having regard to Rule 144 of its Rules of Procedure

     

    1. Whereas Guatemala is an important and like-minded partner of the EU as demonstrated by the country’s key role in regional integration in Central America through with its Pro Tempore  Presidency of the Central American Regional Integration System (SICA), the growing EU-Guatemala trade cooperation, and the country’s solidarity with Ukraine and Europe with its strong condemnation of the Russian invasion in Ukraine, active role in international fora (UNGA, OAS, IAEA);

     

    1. whereas despite demonstrating continuous progress in prosecuting human rights and corruption cases, due in significant part to the collaboration with the International Commission against Impunity in Guatemala (CIGIG), the government of former president Morales announced, at the end of August 2018, not to renew the mandate of the  CICIG as of September 2019;

     

    1. whereas since this decision, legal proceedings have taken place against a number of  independent prosecutors, judges and lawyers that were involved in investigating anti-corruption cases and have resulted in arrests and loss of judicial immunity in some cases; whereas around twenty Guatemalan judges, lawyers and prosecutors have left the country out of fear for they safety, among them, judge Erika Aifán; whereas  former staff of the Special Prosecution Office against Impunity (FECI) and the International Commission against Impunity in Guatemala (CICIG) have also been victims of harassment and intimidation;

     

    1. whereas in May 2022, the new Attorney General of Guatemala will be elected; whereas the Guatemalan constitution stipulates that the appointment of the Attorney General is made through a Nominating Commission which is composed of the President of the Supreme Court, law school deans, bar association members, and members of civil society;

     

    1. whereas journalists and human rights defenders are targets of harassment and violence;

     

    1. whereas article 203 of the Constitution of Guatemala stresses that the judiciary function must be exercise exclusively by the Supreme Courte of Justice and other tribunals stipulated by law; 

     

    1. whereas Guatemala, as well as other countries in Central America, have suffered catastrophic damages from consecutive natural disasters, namely hurricanes ETA and IOTA, for which the Government had to concentrate all efforts to curb the humanitarian crisis;

     

    1. whereas violence and extortion by powerful criminal organizations remain serious problems in Guatemala and gang -related violence is an important factor prompting people, including unaccompanied youth, to leave the country;

     

    1. whereas despite of this challenging environment, the government of Guatemala made efforts to implementing policies of transparency, fight against corruption, and fight against impunity  through the creation of the Presidential Committee against Corruption and the Presidential Committee for Peace and Human Rights;

     

     

    1. Notes with concern the reports of recent legal actions against Guatemalan prosecutors and judges who played a prominent role in anti-impunity and anti-corruption efforts as well as the detention of individuals who cooperated closely with the CICIG;

     

    1. Recalls the importance of fully respecting the country’s constitutional order and the judicial independence; calls on the Guatemalan authorities to continue to take all necessary measures to ensure the safety and integrity of the judges, prosecutors, lawyers and human rights defenders, including of those detained and to safeguard their right to due process as well as of upholding full respect of the independence of power branches as key elements for the fight against impunity and corruption;

     

    1. Recalls the indispensability of enhanced and effective dialogue channels in the framework of Guatemalan institutions in order to promote democratic values, the rule of law and respect for human rights;

     

    1. Reaffirms that the process of selection and appointment of judges must be transparent and participatory and that candidates should be selected based on their merits, in compliance with international standards and the Guatemalan Constitution; in this sense, calls on the Guatemalan authorities to guarantee fair election of judges;

     

    1. Welcomes the efforts made by the Guatemalan authorities in implementing policies of transparency, fight against corruption, and fight against impunity  through the creation of the Presidential Committee against Corruption and the Presidential Committee for Peace and Human Rights, as core pillars of the Government’s ‘National Plan for innovation and development’;

     

    1. Calls on the European Union and its member States to use the mechanisms laid down in the Association and Political Dialogue Agreement to assist Guatemala to carry out an ambitious human rights agenda and the fight against impunity;

     

    1. Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service; the EU Special representative for Human Rights; the Organisation of American States, the Euro Latin Parliamentary Assembly; the governments and parliaments of the Member States, the President, Government and Parliament of the Republic of Guatemala, SIECA and Parlacen.
    Last updated: 5 April 2022
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