MOTION FOR A RESOLUTION on  Guatemala: the situation after the elections, the rule of law and judicial independence

12.9.2023 - (2023/2831(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

Miguel Urbán Crespo
on behalf of The Left Group

See also joint motion for a resolution RC-B9-0367/2023

NB: This motion for a resolution is available in the original language only.

B9‑0367/2023

Motion for a European Parliament resolution on  Guatemala: the situation after the elections, the rule of law and judicial independence

(2023/2831(RSP))

The European Parliament,

-  having regard to Rule 144 of its Rules of Procedure,

 

 

1. whereas Bernardo Arevalo and his party Movimiento Semilla, won the presidential election in Guatemala on 20 August; whereas Arevalo and Semilla have claimed to be victims of an attempted coup d'état;

 

2. whereas Semilla and its members have suffered from political and institutional persecution, lawfare, arbitrary arrests and death threats; whereas there have been several attempts to prevent Semilla's electoral participation; whereas on 3 September, the Supreme Electoral Tribunal has temporally cancelled the suspension of the legal status of Semilla;

 

3. whereas thousands of Guatemalans have demonstrated to demand the resignation of Attorney General and Special Prosecutor against Impunity, whom are considered responsible for the attempted coup d'état; whereas justice workers, journalists and human rights defenders are being criminalised for criticising the procedures and actions of the Attorney General; whereas more than fifty human rights defenders, journalists, lawyers and judges have been forced to flee Guatemala since 2019, due to unjust criminal charges and the lack of judicial guarantees in processes against them;

 

 

1. Strongly condemns any coup attempt as well as the persistent efforts to undermine the election results in Guatemala, through selective and arbitrary legal and procedural actions, most recently the suspension of Movimiento Semilla;
2. Expresses its support to Movimiento Semilla and demands Guatemalan political parties, branches of government and institutions to fully respect the separation of powers and the will of the Guatemalan people as clearly expressed at the ballot box;
3. Calls on the EU and its member states to support a peaceful and lawful transition and in this regard, calls to extend the mandate of the Electoral Observation Mission in Guatemala;
4. Rejects the ongoing criminalization of justice operators, human rights defenders, journalists and others engaged in the fight against corruption and impunity in Guatemala and urges to refrain from any attempts to criminalize, stigmatize or otherwise obstruct their work, to dismiss all unfounded criminal proceedings against them and to immediately and unconditionally release those arbitrarily detained such as Claudia González;
5. Denounces that the instrumentalisation of Guatemalan judicial and prosecutorial institution and the attacks and criminalization  of  those who investigate or prosecute criminal structures with ties to high-ranking state officials and business owners are not new phenomena; urges the authorities to take the necessary measures to protect them and to ensure the safe return of those forced to leave the country;
6. Urges to take steps to guarantee the independence of Guatemala’s Attorney General’s Office and its Judicial Organ;
7. Recalls that according to the Association Agreement between the EU and Central America, Guatemala must respect and consolidate the principles of the rule of law, democracy and human rights; in the light of the current circumstances, calls on the European Commission to immediately suspend the provisional application of the trade pillar of the Association Agreement EU-CA with Guatemala;
8. Instructs its President to forward this resolution to the EU institutions, Member States, and the Guatemalan authorities.