37/9 Report of the Working Group on the Universal Periodic Review - Guatemala

GE.17-23481(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Guatemala

* The annex is being issued without formal editing, in the languages of submission only.

United Nations A/HRC/37/9

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-eighth session from 6 to 17

November 2017. The review of Guatemala was held at the 6th meeting, on 8 November

2017. The delegation of Guatemala was headed by the President of the Presidential

Commission for Coordinating Executive Policy in the Field of Human Rights, Jorge Luis

Borrayo Reyes. At its 14th meeting, held on 14 November 2017, the Working Group

adopted the report on Guatemala.

2. On 13 February 2017, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Guatemala: Croatia, Ecuador and India.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Guatemala:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/28/GTM/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/28/GTM/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/28/GTM/3 and Corr.1).

4. A list of questions prepared in advance by Belgium, Brazil, Liechtenstein, Norway,

Portugal, Slovenia, Sweden, the United Kingdom of Great Britain and Northern Ireland, the

United States of America and Uruguay was transmitted to Guatemala through the troika.

These questions are available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation of Guatemala reiterated its firm commitment to respecting,

guaranteeing and promoting human rights. It recalled the historic result of the peaceful

demonstrations the Guatemalan people had held at the national level in September 2015,

which had, without any bloodshed, led to the resignation of the President and Vice-

President of the Republic of Guatemala. They had been accused of corruption and their

cases were currently before the national courts.

6. The capacity of Guatemala to overcome that political crisis had demonstrated the

solidity of the Constitution and the proper functioning of State powers. Congress had

appointed a transition Government and the sovereign expression of the Guatemalan people

had culminated in the election of the fiftieth President of Guatemala, Jimmy Morales

Cabrera, for the period 2016–2020.

7. Guatemala was grateful to all the States that had participated in its second universal

periodic review, and noted that of the recommendations issued at that review, it had

accepted 111 and noted 27. It had also made 5 voluntary commitments. Guatemala was

keen to report on the significant action it had taken to implement the recommendations.

8. There were 63 State policies currently in force, 33 of which had been approved

between 2012 and 2017. A national human rights policy was currently being drafted for the

period 2017–2021.

9. Guatemala made every effort to comply with its international commitments

concerning the submission of periodic reports to the United Nations human rights treaty

bodies and to facilitate the visits of the special procedures of the Council, among others.

10. Since 2005, at the initiative of the Government, OHCHR in Guatemala had been in

operation and its mandate had been renewed by the President of the Republic in September

2017. Guatemala was pleased that the United Nations High Commissioner for Human

Rights was to visit Guatemala in November 2017.

11. The delegation highlighted the tripartite agreement that the Government, workers’

representatives and employers’ representatives had signed, which had resolved the

complaint that had been brought under article 26 of the Constitution of the International

Labour Organization (ILO).

12. In May 2014, the Public Policy for Coexistence and Elimination of Racism and

Racial Discrimination and a policy on the institutionalization of entities with specialized

mandates to address the rights of indigenous peoples had been approved.

13. Several instruments had been adopted to address the scourge of trafficking in

persons. One example was a protocol for inter-agency coordination on protection and

assistance for victims of human trafficking, which had been adopted in 2015.

14. Guatemala was immersed in a process of national reconciliation concerning

enforced disappearances. There was a significant degree of approval in Congress for draft

law 3590 on the creation of a national commission for the search for victims of enforced

disappearance and other forms of disappearance, and for the ratification of the International

Convention for the Protection of All Persons from Enforced Disappearance.

15. Meanwhile, there were national mechanisms in place, such as the special

investigation procedure of the Human Rights Advocate, and cases were under investigation

by the Office of the Prosecutor for Human Rights.

16. Regarding the fight against impunity, the Anti-Corruption Division of the Public

Prosecution Service had expanded, and was currently composed of 12 prosecutors’ offices,

one of which was located within the Office of the Comptroller General. There had been an

increase in the number of complaints regarding acts of corruption between 2012 and June

2017, and a total of 247 sanctions had been imposed during that period.

17. The Government had renewed the mandate of the International Commission against

Impunity in Guatemala for an additional two years in order to enable it to continue

investigating parallel bodies and clandestine security organizations. Guatemala

acknowledged the support that the International Commission had provided to the Public

Prosecution Service and the National Civil Police in the transfer of capacities in the

processes of investigation and criminal prosecution.

18. In relation to the right to identity, in 2015 the National Registry Office had launched

a pilot project for an early birth notification system. In the light of its positive impact, the

system had been implemented in 2016. Between 2013 and 2016, some 239 registry desks

had been opened with a view to identifying unregistered children. As a result, 443,774

persons had been registered.

19. The official adoption process had been approved and between 2012 and 2014, the

relevant institutions had reviewed 116 files on pending adoptions, of which 4 remained to

be finalized. Some anomalies had been identified and the persons involved had been

apprehended.

20. On 3 November 2014, the Chixoy Policy had been approved, and a verification and

follow-up board had been established in 2015. The implementation of individual

compensation had been agreed and between 2015 and 2016, payments had been made to

some 1,929 families.

21. In response to the precautionary measure issued by the Inter-American Commission

on Human Rights in favour of the patients of the Federico Mora National Mental Health

Hospital, several actions had been taken, including the withdrawal of the National Civil

Police from the facilities and the review and updating of protocols for admission,

management and treatment of patients with mental health problems.

22. The Office for the Analysis of Attacks against Human Rights Defenders in

Guatemala was coordinated by the Vice-Ministry of Security of the Ministry of the Interior,

with the participation of judges, journalists, union leaders and lesbian, gay, bisexual,

transgender and intersex persons.

23. In follow-up to the recommendations of the Committee on the Rights of Persons

with Disabilities, an action plan had been launched for the period 2017–2021.

24. Guatemala underscored its commitment to the Sustainable Development Goals. The

education and health conditional monetary transfers were an example of the social

programmes in place aimed at implementing policies in the field of education, health,

nutrition and productivity for people living in poverty and extreme poverty. Another

example was the Family Farming Programme, which was aimed at strengthening the rural

economy and contributing to the reduction of chronic malnutrition among children under 2

years of age.

25. The new Migration Code had entered into force in April 2017. It included provisions

to strengthen migratory security and recognized the full right to migrate and respect for the

rights of migrants.

26. The Public Criminal Defence Institute had brought two cases before the Inter-

American Court of Human Rights that had enabled the Supreme Court of Justice to review

and commute the death penalty to imprisonment for previous and subsequent cases. On 24

October 2017, the Constitutional Court had upheld the application for constitutional review

brought against the application of the death penalty contained in the Criminal Code and the

law against drug trafficking.

27. In order to strengthen efforts to address violence against women, the Supreme Court

of Justice had increased the number of specialized judicial bodies to 29 in 12 of the 22

departments of the country.

28. The judiciary, the Public Prosecution Service and the Public Criminal Defence

Institute had all adopted policies on gender equality and access to justice, and had set up

monitoring mechanisms for their implementation. In March 2017, the Public Prosecution

Service had created the Women’s Secretariat, which was the unit responsible for promoting

gender equality policies within the institution.

29. The judiciary had strengthened the Control, Monitoring and Evaluation Unit of the

specialized bodies in femicide and other forms of violence against women. In August 2016,

the Office of the Prosecutor for Femicide Cases had been created.

30. To meet the basic needs of the people and families affected by judicial eviction

provisions, the Government was launching a humanitarian programme based on respect for

international protocols, which provided comprehensive care to those groups.

31. In response to recommendations from States contained in previous reports,

Guatemala had taken measures to deinstitutionalize children, taking into account the best

interests of the child. The Government regretted the tragedy in the Virgen de la Asunción

children’s home, and had taken urgent measures to ensure that all relevant institutions

better coordinated their plans, programmes and actions to take care of vulnerable and

unprotected children.

32. Guatemala was continuing to take steps to implement SIMORE, the system to

monitor human rights recommendations addressed to it, which was a public online platform

to monitor the implementation of international human rights recommendations. Under the

lead of the Presidential Human Rights Commission, the system would function with the

participation of all State institutions, and would include all their actions that responded to

recommendations issued by human rights protection bodies. With the support of Paraguay,

the process would be finalized in 2018. The system should also serve to strengthen the

participation of civil society organizations at the national level in efforts to follow-up on the

recommendations of the universal periodic review and other human rights bodies.

B. Interactive dialogue and responses by the State under review

33. During the interactive dialogue, 68 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

34. Egypt commended the efforts made by the Government to improve the human rights

situation in Guatemala and the implementation of recommendations made during the

previous cycle. It also welcomed the steps Guatemala had taken to bolster economic, social

and cultural rights.

35. El Salvador congratulated Guatemala for ratifying most human rights instruments

and for incorporating their principles into national law. It welcomed the implementation of

best practices to improve the integration and protection of vulnerable groups and of policies

to counter human trafficking and torture.

36. Finland commended Guatemala for the national consultations that had been held

with civil society and agreed that there was a need to decentralize the International

Commission against Impunity in Guatemala to all regions and to protect judicial officials

and human rights defenders. It noted that violence against women remained alarmingly

prevalent and that awareness-raising to counter that scourge was urgently required.

37. France welcomed the adoption by Guatemala of judicial reforms and the progress it

had made in combating impunity through the work of the International Commission against

Impunity in Guatemala. It welcomed the fact that the Public Prosecution Service had been

strengthened and the 2016 reform establishing judicial independence.

38. Georgia noted with appreciation the significant results Guatemala had achieved in

the fight against corruption and impunity, and highlighted the cooperation between the

International Commission against Impunity in Guatemala and Attorney General’s Office.

39. Germany commended Guatemala for its achievements concerning the rights of

indigenous peoples and children. It appreciated the fact that civil society stood against

corruption and impunity, and took note of the request by Guatemala to renegotiate the

mandate of the International Commission against Impunity in Guatemala. It was concerned

about serious human rights issues.

40. Ghana welcomed the efforts to strengthen the Special Criminal Investigation

Division within the National Civil Police and noted with concern that the advisory council

of the national office for the prevention of torture was yet to be operational.

41. Greece noted with appreciation the positive steps taken by Guatemala to combat

illiteracy, provide adequate housing for all and draw up the Policy on Gender Equality and

Promotion of Women’s Human Rights.

42. Haiti welcomed the progress Guatemala had made in the fight against impunity, in

the abolition of the death penalty in civil cases and in its adoption of the National Strategy

to Prevent Chronic Malnutrition 2016–2020.

43. The Holy See noted the efforts of Guatemala to strengthen health care and social and

housing programmes for all and to increase the level of literacy among children and adults,

thus establishing a multicultural society. It highlighted the initiatives that had been taken to

ensure food security for children.

44. Honduras welcomed the adoption of the Public Policy for Coexistence and

Elimination of Racism and Racial Discrimination and the development of the National

Strategy to Prevent Chronic Malnutrition 2016–2020.

45. Iceland stated that, while it welcomed the progress made in the protection and

promotion of human rights since the second universal periodic review of Guatemala, there

was still room for much improvement.

46. India noted with appreciation the implementation of the Zero Hunger Pact Initiative

and encouraged Guatemala to remain steadfast in its efforts to promote human rights.

47. Indonesia welcomed the creation of the child protection system in Guatemala and its

programmes addressing racial discrimination. It considered that cooperation with national

human rights institutions was essential in that regard.

48. Iraq commended Guatemala for its progress in combating corruption, impunity and

criminal organizations. It welcomed the Public Policy for Coexistence and Elimination of

Racism and Racial Discrimination, the National Strategy for the Prevention of Malnutrition

and the establishment of the Indigenous and Intercultural Affairs Cabinet.

49. Ireland encouraged Guatemala to continue addressing the continued inequality and

exclusion of indigenous people. It welcomed the publication of a procedural guide for

consulting peoples. It noted that harassment, intimidation, attacks and criminalization of

human rights defenders remained issues of grave concern in Guatemala.

50. The United Kingdom of Great Britain and Northern Ireland welcomed efforts to

protect women from violence and tackle impunity and corruption. It expressed concern

about the lack of progress on justice reform and urged Guatemala to protect the rights of

human rights defenders and the freedom of the press.

51. Italy commended Guatemala for its positive developments in justice reform and

appreciated its efforts to address violence against women and children.

52. Libya welcomed the efforts made by Guatemala to implement previous review

recommendations, notably on promoting human rights and the rule of law. It commended

Guatemala for the adoption of the Public Policy for Coexistence and Elimination of Racism

and Racial Discrimination and for its efforts to protect justice officials and human rights

defenders.

53. Lithuania noted with appreciation the voluntary commitments Guatemala had made

and its efforts and the results it had achieved in the fight against impunity.

54. Luxembourg welcomed the national dialogue on justice reform and noted that it was

an important step to ensure access to justice and the independence of the judiciary.

Luxembourg expressed concern about the situation of human rights defenders and

journalists.

55. Malaysia praised Guatemala for its efforts to address chronic malnutrition through

its Zero Hunger Pact Initiative, and to enhance women’s productive capacity by helping

them to establish small and micro-businesses. It commended Guatemala for its training

programmes for indigenous women.

56. Maldives welcomed the general government policy for 2016–2020, which was

aligned with the “Our Guatemala 2032” National Development Plan. It also welcomed the

National Strategy to Prevent Chronic Malnutrition and the inclusive model to develop and

strengthen the network of health services and human resources.

57. Mexico commended Guatemala for the establishment of its inter-agency anti-

trafficking commission and the progress made by the National Literacy Committee, the

programmes on nutrition and care of women in vulnerable situations.

58. Montenegro acknowledged the progress Guatemala had made in combating

corruption and impunity and encouraged it to strengthen its efforts to create an enabling

environment for children, especially by prohibiting corporal punishment. Montenegro

voiced concern about the high rates of violence against women and asked Guatemala to

elaborate on its plans to raise awareness of that phenomenon.

59. Morocco welcomed the efforts of Guatemala to improve human rights, noting the

measures it had taken to guarantee the right to food, reduce maternal and child mortality,

combat violence against women, promote women’s political participation, protect children

and promote the rights of children with disabilities.

60. The Netherlands welcomed the efforts made to promote human rights in the police

and the judiciary, and highlighted the importance of the International Commission against

Impunity in Guatemala in combating organized crime. It was concerned that many

challenges remained, particularly concerning ill-treatment of human rights defenders and

journalists, among others.

61. New Zealand highlighted the fact that the national mechanism for the prevention of

torture was still not operational. It voiced concern about the prevalence of gender-based

violence and the legal status of the death penalty, while commending the country’s efforts

to abolish it.

62. Nicaragua acknowledged the progress made since the previous review, particularly

the legislative and political efforts Guatemala had made to combat human trafficking and

eradicate racism and racial discrimination.

63. Norway commended Guatemala for the progress made by the Public Prosecution

Service to increase justice and reduce impunity. It was concerned about the increased levels

of poverty, which particularly affected indigenous peoples and needed to be addressed with

coherent strategies.

64. Pakistan appreciated the adoption of the Public Policy for Coexistence and

Elimination of Racism and Racial Discrimination. It commended Guatemala for its efforts

to address human trafficking, notably the adoption of the protocol for inter-agency

coordination on protection and assistance for victims of human trafficking.

65. Panama acknowledged the challenges Guatemala faced relating to organized crime.

It commended its efforts to strengthen the human rights legal and institutional framework,

and welcomed the national agreement to protect labour rights, including the right to form

trade unions.

66. Paraguay raised concern about the high rate of femicide and violence against

women, and indigenous women’s vulnerability. It welcomed measures to empower

vulnerable groups, promote indigenous women’s rights, prevent domestic violence and

promote gender equality, including the increase in the legal age of marriage.

67. Peru commended the efforts of Guatemala to implement the recommendations from

the previous review. It highlighted the progress made to combat corruption and impunity

and to promote indigenous peoples’ right to health, education and culture.

68. The Philippines commended Guatemala for its efforts to advance women’s rights,

encourage their participation in society and promote their empowerment through its Policy

on Gender Equality and Promotion of Women’s Human Rights. It welcomed the policies

that had been introduced to protect migrants’ rights.

69. Portugal commended Guatemala for its efforts to address violence and insecurity,

which had resulted in fewer violent deaths during the previous two years.

70. The Republic of Korea commended the Government for its active role in increasing

access to public education and its focus on providing public health services. It welcomed

the progress made in judicial reform.

71. Serbia commended Guatemala for its efforts to empower women, particularly rural

and indigenous women. It welcomed the adoption of the Policy on Gender Equality and

Promotion of Women’s Human Rights, which was in line with international standards.

72. Sierra Leone commended Guatemala for its National Development Plan, its prison

reform policy, its efforts to tackle malnutrition through the National Strategy to Prevent

Chronic Malnutrition and its Zero Hunger Pact Initiative. Sierra Leone requested

information on action concerning Guatemalans of African descent.

73. Singapore welcomed the reactivation of the National Coordinating Body for the

Prevention of Domestic Violence and Violence against Women. It acknowledged the

efforts of Guatemala to improve public health, education, housing and employment

programmes and commended its “My Golden Years” programme for the elderly.

74. Slovakia regretted that the death penalty was still legal in Guatemala. It welcomed

the road map for the prevention and elimination of the worst forms of child labour, but

noted that child labour cases were still being reported despite targeted inspections.

75. Slovenia encouraged Guatemala to implement measures to prevent violence against

women and girls and to bring the perpetrators to justice through the allocation of sufficient

resources to ensure victims had access to justice. Slovenia commended Guatemala for its

recent progress in addressing extrajudicial killings and corruption.

76. Spain commended Guatemala for its efforts to implement previous

recommendations, the improvements it had made within human rights institutions and its

progress in combating violence against women. It was concerned that minors were placed

with convicted criminals in some State-run care institutions. It referred to the situation of

human rights defenders.

77. Sweden noted that gender-based violence and violence against lesbian, gay,

bisexual, transgender and intersex persons was frequent in Guatemala, despite the measures

that had been taken to strengthen the legal framework and address that phenomenon.

Sweden noted that, in some cases, ordinary court judgments took into account human rights

and a gender perspective, but prevention, resource allocation and implementation remained

challenges.

78. Switzerland welcomed the results achieved in fighting corruption in Guatemala and

the Constitutional Court decision on the unconstitutionality of the death penalty for civil

offences, which it hoped would prompt the abolition of capital punishment. Switzerland

was concerned that human rights defenders faced intimidation, attacks and reprisals and

that indigenous populations faced discrimination.

79. Timor-Leste commended Guatemala for holding national consultations to prepare

for the universal periodic review. It appreciated the adoption of a new hospital care protocol

for victims of sexual violence and the establishment of a child protection system.

80. Ukraine welcomed the efforts of Guatemala to adopt the Institutional Strategic Plan,

to extend the National Reparations Programme and to sign an agreement with Paraguay to

install the SIMORE system. It was concerned about attacks on journalists and the lack of

accountability for human rights violations.

81. Israel welcomed the adoption of the “Our Guatemala 2032” National Development

Plan, the Comprehensive Differentiated Health Strategy for Transgender Persons in

Guatemala 2016–2030, the National Strategy to Prevent Chronic Malnutrition 2016–2020,

the Telematic Surveillance Act, the inter-agency anti-trafficking commission, the child

protection system and the child pornography unit.

82. The United States of America commended Guatemala for its efforts to combat

impunity and ensure institutional continuity, while expressing concern at the ousting of the

Commissioner of the International Commission against Impunity in Guatemala and the

criminalization of and violence against human rights defenders, journalists and justice

sector staff.

83. Uruguay welcomed the national consultation that had been conducted with civil

society organizations, which had identified as priorities for Guatemala the need to address

violence against women and the situation of indigenous people. It praised the establishment

of a Sexual Diversity Unit within the Office of the Human Rights Advocate.

84. The Bolivarian Republic of Venezuela took note of the efforts of Guatemala to

uphold human rights. It was, however, concerned at the lack of independence of the

judiciary, which was allegedly permeated by criminal organizations, resulting in impunity.

It urged Guatemala to investigate all cases of killing, intimidation, violence, arbitrary

detention and defamation of human rights defenders and journalists. It raised concern about

violence against children and young people in State-run care institutions.

85. Algeria welcomed the progress made by Guatemala on the promotion and protection

of human rights, particularly in the areas of development, racial discrimination, human

trafficking, penitentiary reform, child protection and sexual violence.

86. Angola commended Guatemala for the progress made in the social and economic

sectors. It noted with concern, however, the difficulties concerning access to health and

education, and regarding child labour.

87. Argentina welcomed the ratification of the Marrakesh Treaty to Facilitate Access to

Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print

Disabled.

88. Armenia appreciated the voluntary submission by Guatemala of midterm reports and

the adoption of the Public Policy for Coexistence and Elimination of Racism and Racial

Discrimination, as well as the steps taken to reduce malnutrition, especially in rural areas,

and to establish protection mechanisms for vulnerable groups.

89. Australia welcomed the progress Guatemala had made to ensure gender equality and

improve the health and well-being of lesbian, gay, bisexual, transgender and intersex

persons. It was concerned by reports of a lack of independence of the judiciary, that women

and transgender and transsexual persons faced violence, and that human rights activists

faced threats and were heavily penalized.

90. Azerbaijan commended Guatemala for its commitment to the universal periodic

review process, the progress achieved since the previous cycle and its constructive

cooperation with the United Nations human rights mechanisms.

91. Bahrain noted with satisfaction the implementation of the Zero Hunger Pact

Initiative, but voiced concern at the spread of violence against women, racism and

discrimination, particularly against indigenous and Afro-descendant women. It called on

Guatemala to swiftly resolve that issue.

92. Belgium acknowledged that Guatemala was taking positive steps to implement the

recommendations it had accepted during its second review. However, further progress

could be achieved to prevent and address violence against women and in the fight against

impunity.

93. The Plurinational State of Bolivia welcomed the Inter-agency Forum and the

national consultations that had been held with civil society organizations. It expressed

concern about the lack of consultation with indigenous peoples, and the obstacles for them

to access their rights.

94. Burkina Faso congratulated Guatemala for the progress it had made since the last

review. However, several challenges remained, particularly in the areas of security, justice,

violence against women and the rights of children and indigenous peoples.

95. Canada urged Guatemala to fulfil its commitment to reduce chronic malnutrition by

10 per cent, including through the development of a comprehensive policy to address food

insecurity. It welcomed the Constitutional Court ruling that the death penalty was

unconstitutional.

96. Chile expressed concern about the fact that indigenous peoples continued to be

victims of racial discrimination, inequality and exclusion and that, as long as inequalities

between men and women persisted, indigenous women would experience double

discrimination.

97. Costa Rica stated that, despite the measures that had been taken, chronic

malnutrition among children, particularly in rural areas, continued to be widespread. It also

expressed concern about discrimination against indigenous peoples.

98. Côte d’Ivoire welcomed the adoption of legislative and institutional reforms with a

view to protecting and promoting human rights in the country. It encouraged Guatemala to

continue its efforts in the field of human rights.

99. Denmark stated that protecting the sexual and reproductive health and rights of

women and girls was of paramount importance. It noted that Guatemala had established a

national mechanism for the prevention of torture, which was, however, not yet operational.

100. Ecuador welcomed efforts to implement the recommendations from the second

review cycle, particularly the adoption of the Institutional Strategic Plan 2017–2021, aimed

at ensuring the coordination of public policies and national legislation in order to

consolidate the development and strengthening of national institutions.

101. Brazil welcomed the efforts of Guatemala to ensure all citizens’ enjoyment of

human rights. It suggested that Guatemala adopt effective measures to protect the life and

physical integrity of lesbian, gay, bisexual and transgender persons.

102. The judiciary and the Supreme Court of Justice of Guatemala welcomed the boost to

the draft law on a national sex offender registry and a genetic databank and the security

measures granted to victims of domestic violence and femicide. It underscored the

measures that had been taken to safeguard the freedom of individuals and to combat

overcrowding in prisons through alternatives to incarceration, as well as to follow-up the

cases of victims of the fire at the Virgen de la Asunción children’s home.

103. The Public Criminal Defence Institute of Guatemala underscored its work on gender

issues, women’s rights, human rights and disadvantaged groups, including patients at the

Federico Mora National Mental Health Hospital. It drew attention to the work of the

national office to coordinate legal aid for women who had been the victims of any form of

violence and for affected family members, the cultural training provided to judges on

indigenous law, and the use of early release of prisoners as a means of combating

overcrowding.

104. The Public Prosecution Service of Guatemala highlighted the creation of a protocol

for inter-agency coordination on protection and assistance for victims of human trafficking,

and a general directive regulating the activities of the assistance, coordination and

intervention mechanisms of the service responsible for victim assistance and criminal

prosecution of trafficking cases. It underscored the work of the child protection system and

the child pornography unit, as well as the creation of the Children and Young Persons

Section.

105. The Ministry of the Interior of Guatemala drew attention to the establishment of the

Sexual Crimes Unit and the Anti-Trafficking Unit, the ratification of the Arms Trade

Treaty, the financial support aimed at preventing domestic violence and violence against

women, the improvement of internal and external security according to the new penitentiary

management model, and the creation of the first detention centre for women under that

model. The Government was committed to continuing its efforts to protect the life and

physical integrity of human rights defenders and journalists.

106. The Ministry of Labour and Social Welfare of Guatemala highlighted the adoption

of the national employment policy, the promotion of the workplace breastfeeding strategy

and the inclusive employment policy for persons with disabilities. It reported on progress

achieved in the eradication of child labour, the reform of the Labour Code, under which the

labour inspectorate could issue sanctions, and draft law 5199 on bringing national

legislation into accordance with international treaties, particularly the ILO Freedom of

Association and Protection of the Right to Organise Convention, 1948 (No. 87), which was

currently before Congress.

107. The Guatemalan Presidential Commission on Discrimination and Racism against

Indigenous Peoples underscored the efforts that had been made to uphold the rights of

indigenous peoples through, inter alia, improved coordination between the indigenous and

official legal systems. Moreover, with regard to indigenous women deprived of their

liberty, a women’s unit focused on assisting indigenous women accused of criminal acts

and ensuring them prompt and full access to justice had been set up, and a protocol had

been developed for the provision of assistance to women victims of various forms of

violence.

108. The Ministry of Public Health and Social Welfare of Guatemala, under the protocol

for victims of sexual violence, had authorized the opening of several offices of the Public

Prosecution Service in hospitals, trained hospital staff and health professionals on the use of

the comprehensive care guide for pregnant women under 14 years of age, and had taken

steps to ensure comprehensive sexual education and the prevention of teenage pregnancies.

109. The Food and Nutritional Security Secretariat of Guatemala noted that it had drawn

up the National Strategy to Prevent Chronic Malnutrition, which had incorporated the

recommendations of the impact assessment of the Zero Hunger Pact Initiative. The law on

school feeding had been adopted with the aim of guaranteeing that children who attended

school received nutritional food and thus improved their health.

110. Lastly, the delegation of Guatemala stated that it supported what it considered to be

the most important recommendations. It valued both bilateral and multilateral international

cooperation, which should under no circumstances be driven by private interests or any

motivation other than safeguarding fundamental rights and liberties. It would accept the

recommendations that would truly contribute to the system of human rights protection. It

acknowledged all the support for the efforts it had made, within the context of its

conviction that development was the best way to achieve human rights for peace.

II. Conclusions and/or recommendations

111. The recommendations formulated during the interactive dialogue listed below

have been examined by Guatemala and enjoy the support of Guatemala:

111.1 Establish a systematic consultation and follow-up mechanism with

civil society and non-governmental organizations on the implementation of

recommendations formulated in the framework of the universal periodic

review (Haiti);

111.2 Keep its standing follow-up mechanism for recommendations

(Paraguay);

111.3 Continue the good cooperation with the Office of the United Nations

High Commissioner for Human Rights at country level, which has generated

concrete results, including the development of new jurisprudence in the field of

human rights (Norway);

111.4 Continue internal institutional processes to strengthen democracy,

justice and respect for human rights (El Salvador);

111.5 Finalize and implement a national action plan to follow up the

Guiding Principles on Business and Human Rights (Norway);

111.6 Continue to provide sufficient funding for its human rights

programmes and activities (Philippines);

111.7 Increase funding and political support for government human rights

institutions and programmes, including the Presidential Commission on

Human Rights, the Human Rights Ombudsman’s Office and the National

Reparations Programme (United States of America);

111.8 Strengthen national efforts to combat discrimination, xenophobia

and racism, in particular discriminatory practices against indigenous people,

migrants, refugees and people of African descent (Egypt);

111.9 Explicitly incorporate the approach based on gender rights and

sensitivity, the Public Policy for Coexistence and Elimination of Racism and

Racial Discrimination and the Plan for its implementation so that, in line with

the 2030 Agenda, no one is left behind (Honduras);

111.10 Continue efforts to ensure the promotion of the rights of indigenous

peoples (Armenia);

111.11 Continue efforts to facilitate and promote indigenous peoples’ access

to education, sanitation, property and public positions (Holy See);

111.12 Continue its efforts in taking steps to eliminate further racial

discrimination, in consultation with national human rights institutions and all

other relevant stakeholders (Indonesia);

111.13 Continue implementing effective actions to combat discrimination

and guarantee indigenous peoples’ rights, by improving access to public

services, life expectancy, education, including comprehensive sexual education,

infrastructure and salary (Mexico);

111.14 Continue and redouble the efforts to combat racism, racial

discrimination and other related forms of intolerance, placing particular

attention on the structural elements of discrimination that might affect the

effective exercise of the rights to health, education, decent work and

participation in decision-making processes by indigenous people and people of

African descent (Nicaragua);

111.15 Expedite the implementation of the Public Policy for Coexistence and

Elimination of Racism and Racial Discrimination (Sierra Leone);

111.16 Put in place effective measures and policies to address discrimination

against indigenous peoples (Sierra Leone);

111.17 Strengthen the system of development councils in order to improve

the participation of the indigenous population in public management

(Plurinational State of Bolivia);

111.18 Intensify efforts to put an end to racial discrimination, and to this

end, fill the legal vacuum by adopting a law that sanctions it (Burkina Faso);

111.19 Persist in its efforts to combat the structural causes of racial

discrimination against indigenous peoples, in order to ensure access to quality

education and health services (Costa Rica);

111.20 Continue its efforts to establish effective consultation processes with

indigenous communities (El Salvador);

111.21 Strengthen national efforts to prevent land conflicts between

indigenous peoples and farmers (Iraq);

111.22 Ensure that the requirement to consult with indigenous peoples on

decisions concerning lands traditionally owned by them is enshrined in law, and

that every effort is made by the Government to ensure that this instrument

complies with international standards (Ireland);

111.23 Ensure the full participation of indigenous peoples in decision-

making processes which concern them, and ensure that they are consulted in

the context of the planning and implementation of large-scale economic

projects (Switzerland);

111.24 Substantially increase State spending on programmes for indigenous

peoples and institutions. This can help address poverty while ensuring the

meaningful participation of, and consultation with, indigenous peoples in

decisions affecting them and their rights (Canada);

111.25 Adopt a law on rural development, followed by a comprehensive

policy and an increase of the budget of the Ministry of Social Development

(Honduras);

111.26 Continue strengthening measures to address cases of violence and

organized crime (Indonesia);

111.27 Ensure that all private security companies are registered and that

their activities are properly monitored (Portugal);

111.28 Investigate fully allegations of serious acts of violence, including

numerous murders, against trade union officers and their members, and bring

their perpetrators to justice (Greece);

111.29 Strengthen the role and capacity of the National Civil Police with a

view to reducing the role of the armed forces in the maintenance of public

order (Portugal);

111.30 Appoint independent and qualified members to the whole national

preventive mechanism to enable the institution to function in accordance with

the aims and objectives of the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(Ghana);

111.31 Take the necessary action to publish the report of the Subcommittee

on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment in order to assist a dialogue on the implementation of the

Subcommittee’s recommendations (Ghana);

111.32 Appoint independent and qualified members to its national

preventive mechanism to enable it to function in accordance with the objectives

of the Optional Protocol to the Convention against Torture (New Zealand);

111.33 Strengthen the framework of the National Office for the Prevention

of Torture to ensure it is fully functional and able to investigate all reported

cases (Sierra Leone);

111.34 Appoint without further delay independent and qualified members of

the whole national preventive mechanism to enable the mechanism to function

in accordance with the aims and objectives of the Optional Protocol to the

Convention against Torture (Denmark);

111.35 Take necessary steps to guarantee the life, physical integrity and

health of persons held in detention facilities, shelters or psychiatric hospitals

(Algeria);

111.36 Take all necessary steps to ensure that key government institutions

responsible for tackling human trafficking — especially of women and children

— are properly funded (United Kingdom of Great Britain and Northern

Ireland);

111.37 Pursue efforts to combat human trafficking (Libya);

111.38 Pursue efforts to prevent and combat human trafficking, exploitation

of persons and other contemporary forms of slavery, including sexual

exploitation, and provide support and protection to victims, paying particular

attention to vulnerable groups such as indigenous people, children, women,

people with disabilities and non-nationals (Nicaragua);

111.39 Implement foster care programmes and alternatives to the penalty of

deprivation of liberty (Spain);

111.40 Strengthen protection measures for human rights defenders (El

Salvador);

111.41 Strengthen protection for journalists, which is essential to the full

respect of fundamental freedoms, in particular by rapidly realizing the

programme of protection for journalists, for which much effort has already

been made (France);

111.42 Further strengthen measures to protect human rights defenders

(Georgia);

111.43 Support the work of civil society by implementing public policies to

protect it and end the misuse of penal and administrative law against human

rights defenders, including indigenous peoples’ human rights defenders,

especially in the context of hydroelectric and mining projects (Germany);

111.44 Adopt a mechanism for the protection of journalists and release all

journalists detained for exercising their freedom of expression (Greece);

111.45 Ensure prompt, thorough and impartial investigations regarding

attacks against human rights defenders and adopt a public policy on their

protection (Greece);

111.46 Continue efforts to promote freedom of expression and information

by protecting journalists (Holy See);

111.47 Continue its efforts to develop a system to protect journalists and

safeguard freedom of expression (Indonesia);

111.48 Take all necessary measures to protect human rights defenders

through the removal of legal and policy measures which inhibit the ability of

defenders to carry out their vital work in safety, without fear of interference,

obstruction or harassment of any kind, including by finalizing the public policy

for the protection of human rights defenders with strong participation by civil

society and an adequate budgetary allocation (Ireland);

111.49 Safeguard the activities of human rights defenders, introducing

national laws and policies to protect them (Italy);

111.50 Foresee protection measures for human rights defenders, in

accordance with international commitments (Lithuania);

111.51 Adopt a framework for the protection of media professionals, based

on the United Nations Plan of Action on the Safety of Journalists and the Issue

of Impunity (Lithuania);

111.52 Implement a protection policy for human rights defenders, in

coordination with civil society (Luxembourg);

111.53 Approve and implement the programme for the protection of

journalists, in consultation with the latter (Luxembourg);

111.54 Take all necessary steps to work towards diminishing threats and

violence against human rights defenders, especially women and journalists, and

to implement an effective mechanism to protect them from these threats

(Netherlands);

111.55 Initiate timely, independent, impartial and effective investigations

into threats and attacks against human rights defenders, particularly

indigenous defenders, to ensure their effective protection (Republic of Korea);

111.56 Ensure that thorough and impartial investigations are carried out

into allegations of attacks against human rights defenders (Sierra Leone);

111.57 Adopt appropriate measures to ensure safety and protection of

human rights defenders and take all necessary steps to ensure prosecution of all

those responsible for violation of their rights (Slovakia);

111.58 Implement public policies so as to protect the work of human rights

defenders in line with international standards, and implement measures aimed

at the effective reduction of attacks and at their independent and effective

investigation (Spain);

111.59 Adopt and ensure full implementation of the public policy for the

protection of human rights defenders as well as the protocol of the Public

Prosecutor's Office on the investigation of cases against human rights defenders

(Sweden);

111.60 Implement effective protection measures and undertake an

immediate and systematic investigation into abuses committed against human

rights defenders, as previously recommended (Switzerland);

111.61 Strengthen the protection measures for human rights defenders,

taking due account of gender and cultural aspects (Ukraine);

111.62 In consultation with civil society groups across Guatemala, finalize

and implement a public policy for human rights defenders’ protection (United

States of America);

111.63 Implement safeguards for human rights defenders by introducing

legislation to protect freedom of association and assembly (Australia);

111.64 Initiate or pursue timely, independent, impartial and effective

investigations into threats and attacks against human rights defenders and

bring those responsible to justice (Belgium);

111.65 Develop a gender and culturally differentiated public policy for the

protection of human rights defenders, and ensure adequate political support

and resources for its implementation (Canada);

111.66 Lift restrictions on freedom of expression and adopt legal and

regulatory measures for the protection and safety of journalists against

persecution, intimidation and harassment (Chile);

111.67 Ensure that human rights defenders can carry out their legitimate

activities without fear or undue impediment, obstruction, or legal or

administrative harassment (Chile);

111.68 Strengthen the independence and effectiveness of the judiciary and

adopt all necessary measures to consolidate recent efforts in the fight against

impunity (Germany);

111.69 Increase efforts in the fight against impunity and corruption, through

increasing the financial resources for the judiciary and through the

implementation of judicial reforms aimed at fully ensuring the independence of

the judiciary (Netherlands);

111.70 Continue with its efforts to strengthen the effectiveness and

independence of the justice system (Republic of Korea);

111.71 Continue the policy agenda to strengthen the specialized justice

system to protect women (Ukraine);

111.72 Dismantle groups of power and other clandestine structures of

corruption that prevent guarantees of fair trials and due process, in line with

international standards (Bolivarian Republic of Venezuela);

111.73 Adopt measures to ensure the sustainability of efforts to fight

corruption, such as legal and public policy reforms, to improve public

confidence in the justice system and to increase its independence (Canada);

111.74 Ensure that the International Commission against Impunity in

Guatemala is able to perform its work effectively (United Kingdom of Great

Britain and Northern Ireland);

111.75 Closely cooperate with the International Commission against

Impunity in Guatemala (Lithuania);

111.76 Fully cooperate with the International Commission against Impunity

in Guatemala in all aspects of its mandate (Sweden);

111.77 Cooperate with, and support the work of, the International

Commission against Impunity in Guatemala (Australia);

111.78 Continue to invest resources to expand social programmes that

promote and protect the human rights of older persons in Guatemala, in

particular those living in poverty, to allow them to age with dignity

(Singapore);

111.79 Implement measures to facilitate access to health care and education,

particularly for the most vulnerable populations (Angola);

111.80 Back efforts to counter child malnutrition and continue to strengthen

programmes to eradicate poverty and extreme poverty (Germany);

111.81 Assign the necessary human and financial resources for the prompt

implementation of the National Strategy to Prevent Chronic Malnutrition

2016–2020 (Honduras);

111.82 Ensure that community development councils channel funds for their

projects to address the problem of chronic malnutrition, particularly among

the indigenous and rural populations (Malaysia);

111.83 Develop and implement comprehensive and efficient policies to fight

poverty and in particular chronic and acute malnutrition (Norway);

111.84 Continue to work for the implementation of its National Strategy to

Prevent Chronic Malnutrition 2016–2020 and strengthen its Food Aid

Programme to prevent food insecurity (Pakistan);

111.85 Intensify efforts to prevent and eradicate chronic malnutrition,

especially among children living in rural and remote areas (Panama);

111.86 Continue the efforts to fight against child malnutrition, particularly

among indigenous people (Peru);

111.87 Intensify its efforts to combat and prevent malnutrition among

children (Timor-Leste);

111.88 Address the structural causes of poverty faced by the most

economically vulnerable communities, in particular regarding chronic

malnutrition (Algeria);

111.89 Strengthen policies and programmes to combat chronic malnutrition

and ensure food security (Costa Rica);

111.90 Take specific measures to promote access to health-care services,

especially in rural areas (India);

111.91 Increase resource allocation and accessibility to public health services

(Republic of Korea);

111.92 Increase the budget allocated to health care and take all necessary

measures to strengthen a national health-care system accessible to all, without

discrimination (Côte d’Ivoire);

111.93 Adopt effective measures to address widespread child pregnancy and

ensure access to sexual and reproductive health rights, as well as education

programmes (Germany);

111.94 Continue its efforts to provide universal good quality education for

all children, especially girls (Pakistan);

111.95 Continue the efforts to reduce the illiteracy rate (Peru);

111.96 Implement compulsory primary education, providing resources to

ensure the quality and infrastructure of the education system (Portugal);

111.97 Take further measures to ensure children’s access to education,

particularly for those with disabilities and living in remote communities

(Armenia);

111.98 Elaborate and implement programmes and initiatives to encourage

the sharing of domestic responsibilities and childcare with a view to eliminating

gender stereotypes (Haiti);

111.99 Actively work towards equal remuneration for men and women by

taking credible steps (India);

111.100 Continue the efforts to promote gender equality by promoting

balanced representation in decision-making positions, equality in the work

market and entrepreneurship, including equal pay and equal access to credit

and other financial services, among other measures, paying particular attention

to girls and women from indigenous people and people of African descent

(Nicaragua);

111.101 Strengthen strategies so as to combat stereotypes and all forms of

discrimination against women and persons with disabilities (Panama);

111.102 Ensure the inclusion of women and girls with disabilities in all

policies and programmes on equality and gender discrimination (Paraguay);

111.103 Adopt measures to combat violence and discrimination against

women and indigenous communities (Uruguay);

111.104 Continue to enact laws and promote policies aimed at protecting

women and enhancing their roles in society (Bahrain);

111.105 Strengthen the “Creciendo Segura” programme, aimed at low-

income women, with an emphasis on women living in rural areas (Plurinational

State of Bolivia);

111.106 Strengthen efforts to combat violence against women (Egypt);

111.107 Intensify awareness-raising measures against femicide and violence

against women, as well as on the recommendations of the Committee on the

Elimination of Discrimination against Women (Finland);

111.108 Combat violence against women by putting an end to impunity in this

area (France);

111.109 Intensify efforts to tackle femicide and violence against women

(Georgia);

111.110 Implement effective and coordinated measures to prevent violence

against women, especially against young women and girls (Iceland);

111.111 Strengthen efforts to carry out prompt, impartial and effective

investigations into all forms of violence against women and to bring those

responsible to justice (Iceland);

111.112 Strengthen efforts to prevent and combat all forms of discrimination

and violence against women and children, adopting comprehensive legislation

and launching awareness-raising campaigns. Ensure that women victims of

violence receive appropriate help and perpetrators are brought to justice

(Italy);

111.113 Ensure, through a coordinated and comprehensive institutional

effort, access to justice for women who have been victims of violence

(Lithuania);

111.114 Strengthen the fight against all forms of violence against women and

girls by ensuring effective implementation of relevant laws and policies, and

ensure access to justice and care (Luxembourg);

111.115 Continue efforts to address the problem of domestic violence against

women (Malaysia);

111.116 Pursue efforts to fight against femicide and violence against women,

and provide for specialized care centres for victims of this violence (Morocco);

111.117 Allocate sufficient resources to specialized courts and tribunals with

jurisdiction over femicide and other forms of violence against women

(Paraguay);

111.118 Open up and strengthen specialized centres providing care to women

victims of violence (Paraguay);

111.119 Carry out awareness-raising campaigns on all matters related to

gender violence (Paraguay);

111.120 Enhance the promotion and protection of the rights of women and

girls, including through the elimination of violence against them (Portugal);

111.121 Continue to raise awareness regarding the criminal nature of

domestic violence and bring those responsible before the courts (Serbia);

111.122 Implement more measures to prevent violence against women, such

as the training workshops conducted by the Office for the Defence of

Indigenous Women’s Rights on the protection of indigenous women

(Singapore);

111.123 Establish a mechanism for improving coordination and strengthening

various institutions dealing with violence against women (Slovenia);

111.124 Allocate sufficient resources to specialized courts and tribunals with

jurisdiction over femicide and other forms of violence against women, and

move towards the full implementation of the Law against Femicide and Other

Forms of Violence against Women (Spain);

111.125 Continue to raise awareness regarding the criminal nature of

domestic violence and take measures to prosecute those responsible for such

actions (Israel);

111.126 Further enhance the promotion and protection of women’s rights,

including addressing violence against women and femicide (Azerbaijan);

111.127 Implement effective and coordinated measures to prevent violence

against women, especially against young women and girls, and ensure that

perpetrators of violence are brought to justice (Belgium);

111.128 Address the structural causes of organized crime, including those

relating to sexual violence (Burkina Faso);

111.129 Pursue awareness-raising activities on domestic violence, including

prosecution and sentencing of the perpetrators (Burkina Faso);

111.130 Allocate appropriate resources for the effective application of the law

against femicide and other forms of gender-based violence, including better

access to services for victims (Canada);

111.131 Strengthen initiatives to sensitize the population about the criminal

nature of domestic violence and bring those responsible for this crime to justice

(Ecuador);

111.132 Promote large-scale registration campaigns for women voters, in

particular in rural areas and notably for indigenous women, with a view to

ensuring their full participation in political and public life (Haiti);

111.133 Continue to combat gender stereotypes by promoting equal

representation of men and women in public office (Timor-Leste);

111.134 Take measures to improve women’s representation in decision-

making positions in the public sector and reduce the gender pay gap (Israel);

111.135 Establish a mechanism to increase the participation of women,

particularly indigenous women, in key positions of the three powers of the

Republic and in decision-making processes (Costa Rica);

111.136 Ensure free, universal birth registration and provide all children

born in the territory, particularly those born in indigenous communities, with a

birth certificate (Portugal);

111.137 Strengthen further the child protection system in the country through

the necessary reforms, adopting a human-rights based approach (Maldives);

111.138 Pursue efforts to train personnel for the optimal care of children in

the context of access to education and health care, and within the

implementation of effective social programmes in these areas (Morocco);

111.139 Guarantee the life, integrity and physical safety of children and

adolescents placed in State shelters, provide adequate reparation for the

damages caused, prohibit corporal punishment of children in all settings, and

repeal the legal exemptions endorsed in the Civil Code and Law (Bolivarian

Republic of Venezuela);

111.140 Put in place a policy for the protection of children and adolescents,

with a view to better protecting them against acts of violence and crimes

committed against them, as well as in relation to the large number of early

pregnancies (France);

111.141 Increase efforts to abolish child labour, also by conducting systematic

labour inspections (Greece);

111.142 Maintain and expand those existing initiatives to fight against

trafficking in children and child labour, and protect children from sexual

exploitation and other forms of modern slavery, especially by enhancing

services of registration at birth (Holy See);

111.143 Strengthen the system for protecting children from exploitation

(Libya);

111.144 Adopt concrete measures aimed at reducing the vulnerability of

children to child labour and sexual exploitation, so as to ensure that Guatemala

is a country free from child labour and its worst forms (Panama);

111.145 Intensify labour inspections focusing on child labour and prosecution

of violators of child labour legislation (Slovakia);

111.146 Strengthen legislation to protect children from all forms of violence

(Bahrain);

111.147 Further develop economic assistance programmes for the elderly and

persons with disabilities (Libya);

111.148 Maintain the commitment to ensure that people with disabilities fully

enjoy all their rights (Peru);

111.149 Ensure equal access to justice and the exercise of political rights to

people with disabilities (Israel);

111.150 Integrate children with disabilities in the national education system

(Bahrain).

112. The recommendations formulated during the interactive dialogue listed below

have been examined by Guatemala and have been noted by Guatemala:

112.1 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Montenegro);

112.2 Consider ratifying the Second Optional Protocol to the International

Covenant on Civil and Political Rights (Georgia);

112.3 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Spain);

112.4 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights and the International Convention for the Protection

of All Persons from Enforced Disappearance (Ukraine);

112.5 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights (Bolivarian Republic of Venezuela);

112.6 Consider ratification of the Optional Protocol to the Convention on

the Rights of the Child on a communications procedure (Uruguay);

112.7 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Azerbaijan);

112.8 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Iraq) (Montenegro) (Sierra Leone);

112.9 Consider ratification of the International Convention for the

Protection of All Persons from Enforced Disappearance (Uruguay);

112.10 Consider the possibility of ratifying the International Convention for

the Protection of All Persons from Enforced Disappearance and adapting its

national legislation to this instrument (Ecuador);

112.11 Consider ratifying the ILO Domestic Workers Convention, 2011

(No. 189) (Philippines);

112.12 Ratify the ILO Domestic Workers Convention, 2011 (No. 189)

(Bolivarian Republic of Venezuela);

112.13 Adopt an open, merit-based selection process when selecting national

candidates for United Nations treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

112.14 Create a national search commission for victims of enforced

disappearance and other forms of disappearance (El Salvador);

112.15 Amend the legislation to penalize hate crimes and crimes of

intolerance based on discrimination, especially in cases of race, sexual

orientation, gender identity or expression (Israel);

112.16 Adopt awareness-raising measures to guarantee that people

belonging to the lesbian, gay, bisexual, transgender and intersex community are

not discriminated against on the grounds of their sexual orientation and gender

identity (Uruguay);

112.17 Better ensure respect for the human rights of lesbian, gay, bisexual,

transgender and intersex persons, who are sometimes victims of discrimination

or even of hate crimes (France);

112.18 Create a legislative framework and implement public policies and

social awareness campaigns to eliminate violence and discrimination based on

sexual orientations and gender identity (New Zealand);

112.19 Amend the Criminal Code to penalize hate crimes and crimes of

social intolerance based on sexual orientation, gender identity and sexual

characteristics (Slovenia);

112.20 Adopt measures to ensure the protection of the life as well as the

physical and psychological integrity of lesbian, gay, bisexual, transgender and

intersex persons (Chile);

112.21 Apply the methodological proposal to implement the consultation

accepted by the Quiché indigenous authorities on those matters related to

indigenous people (Peru);

112.22 Set up a legal framework to recognize indigenous peoples’ rights to

have access to and manage their territories of origin and their natural

resources, and to participate in the decision-making processes on those matters

concerning them (Bolivarian Republic of Venezuela);

112.23 Adopt legislation to criminalize any diffusion of ideas based on racial

superiority or hatred, any incitement to racial discrimination or any act of

racially motivated violence (Brazil);

112.24 Establish an official moratorium on executions and abolish the death

penalty for all crimes (Iceland);

112.25 Consider taking steps with a view to abolishing the death penalty

(Italy);

112.26 Introduce a moratorium on the use of the death penalty and work

towards its abolition, including by ratifying the Second Optional Protocol to the

International Covenant on Civil and Political Rights (New Zealand);

112.27 Abolish the death penalty (Portugal) (Costa Rica) (Bolivarian

Republic of Venezuela);

112.28 Abolish the death penalty, as previously recommended (Slovakia);

112.29 Establish a de jure moratorium on executions and abolish the death

penalty for all crimes, and consider ratifying the Second Optional Protocol to

the International Covenant on Civil and Political Rights (Slovenia);

112.30 Abolish the death penalty in all cases (Timor-Leste);

112.31 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Angola);

112.32 Formally abolish the death penalty and accede to the Second

Optional Protocol to the International Covenant on Civil and Political Rights

(Australia);

112.33 Abolish the death penalty in national legislation by adopting law

No. 5100 on the final abolition of the death penalty (Côte d’Ivoire);

112.34 Enact draft law No. 3590 related to the commission on the search for

victims of enforced disappearance and other disappearances, which is currently

under consideration by the Congress (Mexico);

112.35 Put an end to the use of the criminal justice system to intimidate,

threaten, marginalize and stigmatize journalists, social organizations and

human rights defenders engaged in the defence of economic, social, cultural

and environmental rights and of indigenous peoples’ rights (Bolivarian

Republic of Venezuela);

112.36 Implement the outcomes of the national dialogue for Constitutional

reform in the field of justice, which was initiated in February 2016, whose

purpose was to hold consultations with all stakeholders regarding actions to

further the strengthening of the justice system in Guatemala (Mexico);

112.37 Establish mechanisms for the selection of judges which rule out any

risk of politicization or conflict of interest, and ensure that the principle of

separation of administrative and judicial functions of the Supreme Court

guarantees the full independence and impartiality of the judiciary in

Guatemala (Switzerland);

112.38 Take steps to approve and implement the 2016 Constitutional reform

on the appointment of the judiciary as this would help to ensure its

independence (Australia);

112.39 Decentralize the International Commission against Impunity in

Guatemala to all regions (Finland);

112.40 Ensure that the International Commission against Impunity in

Guatemala is able to operate without interference and that government

institutions key to anti-corruption efforts continue to be adequately funded

with dedicated leadership (United States of America);

112.41 Deepen the measures aimed at speeding up the progress of trials of

the perpetrators of acts of genocide and crimes against humanity and provide

due protection to the judges involved in these investigations (Argentina);

112.42 Consider the possibility of establishing a universal basic income with

a view to further reducing poverty and inequality levels, for improving the

existing social protection system (Haiti);

112.43 Adopt an intercultural health policy and strategy with an approach

based on gender rights and sensitivity ensuring, inter alia, universal access to

sexual and reproductive health, particularly in rural areas (Honduras);

112.44 Adopt effective measures to address the high levels of pregnancy

among girls and adolescents, and ensure their effective access to sexual and

reproductive health care and services and education programmes (Iceland);

112.45 Guarantee respect of sexual and reproductive rights and take

measures to prevent early pregnancies, particularly through awareness-raising

and sexual education (Luxembourg);

112.46 Take measures to prevent child pregnancies by providing access to

comprehensive sexuality education and integral sexual and reproductive health

services for teenagers (Sweden);

112.47 Adopt effective measures to address the high level of pregnancy

among girls and adolescents and ensure their effective access to sexual and

reproductive health services (Belgium);

112.48 Adopt practical measures to promote equal representation of men

and women in elected public office and to guarantee equal remuneration and

satisfactory working conditions to all citizens (Portugal);

112.49 Take all necessary measures towards rigorous implementation of all

legislation on gender equality (Burkina Faso);

112.50 Develop government programmes and strategies to prevent,

investigate and punish human rights violations against women, in particular

lesbian women, according to existing laws ratified by the State (New Zealand);

112.51 Take steps to place higher priority on the prosecution of violence and

discrimination against women, transgender and transsexual people, as well as

access to justice for victims of these crimes (Australia);

112.52 Decriminalize and eliminate all punitive measures related to

termination of pregnancies in cases of rape, incest and severe fetal impairment

(Denmark);

112.53 Strengthen preventive, protective and rehabilitative measures for

women and girl victims of sexual violence, through specialized psychosocial,

legal and health services (Brazil);

112.54 Expedite the adoption process of draft framework law 5125 on

disability in order to contribute to the due implementation and fulfilment of the

Convention on the Rights of Persons with Disabilities (Spain);

112.55 Ensure that the rights and fundamental freedoms of persons with

disabilities are respected by abolishing all practices of forced sterilization and

coercive abortions of women and girls with disabilities, and by investigating

and punishing their perpetrators (Argentina).

113. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

[English/Spanish only]

Composition of the delegation

The delegation of Guatemala was headed by Dr. Jorge Luis Borrayo Reyes,

President of the Presidential Commission for Coordinating Executive Policy in the Field of

Human Rights and composed of the following members:

• Embajadora Carla María Rodríguez Mancia, Representante Permanente de

Guatemala ante la Organización de las Naciones Unidas y otras Organizaciones

Internacionales en Ginebra;

• Licenciada Aura Leticia Teleguario, Ministra de Trabajo y Previsión Social;

• Licenciada María Eugenia Morales Aceña, Magistrada de la Corte Suprema de

Justicia;

• Sra. Silvia Patricia Valdés Quezada, Magistrada de la Corte Suprema de Justicia;

• Dr. Rubén González Valenzuela, Viceministro de Atención Primaria en Salud

Publica y Asistencia Social;

• Licenciado Juan Pablo López Díaz, Comisionado Presidencial contra la

Discriminación y Racismo (CODISRA);

• Licenciada Ofelia González, Secretaria Privada y de Asuntos Estratégicos,

Ministerio Publico;

• Licenciado Carlos Hugo Avila, Director de Derechos Humanos, Ministerio de

Relaciones Exteriores;

• Licenciado René Armando Lam España, Director de Asuntos Jurídicos, Ministerio

de Gobernación;

• Ingeniero Otto Estuardo Velásquez Vásquez, Director de Planificación y Monitoreo,

Secretaría de Seguridad Alimentaria y Nutricional (SESAN);

• Licenciada Claudia Lorena Sigüenza Alvarado, Investigación e Informes de

Comisión Presidencial Coordinadora de la Política del Ejecutivo en Materia de

Derechos Humanos (COPREDEH);

• Licenciada María José del Águila Castillo, Ministro Consejero de la Misión

Permanente de Guatemala ante la Oficina de las Naciones Unidas en Ginebra;

• Doctor Gabriel Orellana Zabalza, Consejero de la Embajada de Guatemala en

Bruselas, Bélgica;

• Srita. Cecilia Beatriz Cáceres Valdéz, Primer Secretario de la Misión Permanente de

Guatemala ante la Organización de las Naciones Unidas y otras Organizaciones

Internacionales en Ginebra;

• Sr. Luis Erick Gudiel Pineda, Primer Secretario de la Misión Permanente de

Guatemala ante la Organización de las Naciones Unidas y otras Organizaciones

Internacionales en Ginebra;

• Srita. Alicia María Marroquin Mogollon, Segundo Secretario de la Misión

Permanente de Guatemala ante la Organización de las Naciones y otras

Organizaciones Internacionales en Ginebra;

• Licenciado Rolando Antonio Castillo López, Ministerio de Gobernación;

• Licenciado William Oswaldo Ramírez Quiñonez, Asesor Técnico de la Comisión

Presidencial Coordinadora de la Política del Ejecutivo en Materia de Derechos

Humanos (COPREDEH);

• Licenciada Nydia Lissette Arevalo Flores de Corzantes, Directora General, Instituto

de la Defensa Pública Penal;

• Licenciado Esteban Mollinedo, Director Fortalecimiento Institucional Instituto

Defensa Pública Penal.