| Click here for a summary of Guatemala’s review at the first cycle and/or the second cycle. |
28th UPR session
Date of review: 8 November 2017
Date of report adoption: 15 March 2018
Document number: A/HRC/37/9
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SUMMARY SOGIESC issues during Guatemala’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
23. Referring to the recommendations made in the 2008 and 2012 universal periodic reviews, OASIS recommended amending the Criminal Code to penalize hate crimes and crimes of social intolerance based on sexual orientation, gender identity and sexual characteristics. JS14 recommended that Guatemala should accede to the Yogyakarta Principles with a view to achieving the integration, on an equal footing, of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.
24. OASIS indicated that, although significant resources had been invested in the treatment of HIV, there had been no effective action to eradicate the persecution and social exclusion based on sexual orientation and gender identity that gave rise to situations of vulnerability.
Women
77. JS13 stated that women continued to suffer discrimination, exclusion and marginalization in the political, economic, cultural and social spheres. With regard to the 2012 universal periodic review recommendations, JS13 recommended that the State should continue its efforts to eliminate gender stereotypes and to repeal all laws discriminating against women.
II. Excerpts on SOGIESC issues from the national report
Protection of vulnerable population groups (justice officials, human rights defenders, trade unionists and lesbian, gay, bisexual, transgender and intersex (LGBTI) persons)
11. The Office for the Analysis of Attacks against Human Rights Defenders has held meetings continually since its establishment in 2008. In 2016 it held 47 meetings. To strengthen this body, in 2015 a hotline was set up with telephone number 1543 to receive emergency calls and complaints.
Protection of the LGBTI population (first cycle recommendations 89.16 and 89.35; second cycle recommendations 99.27, 99.23 and 99.24)
16. The Public Prosecution Service opened three complaints windows in its 24-hour public services office. Applying a victim-centred approach, the office carries out an assessment of primary needs, which may include crisis care, medical or psychological evaluation and/or legal assistance. The facts are recorded and appropriate protective measures are put in place. All complaints windows display the slogan “Yo no discrimino” (I do not discriminate), which is intended to heighten awareness among prosecutors who are involved in assisting victims.
17. A protocol for the provision of comprehensive assistance to crime victims was adopted in 2014. The protocol is grounded in respect for the human rights of crime victims, with emphasis on populations living in situations of vulnerability.
18. The Information System of the Public Prosecution Service includes an LGBTI category in the personal data it records. It also includes the name used by the individual concerned in his or her social relationships. A total of 11 complaints were registered between 2010 and 2015, of which 4 were rejected. From 2016 to June 2017, a total of 355 complaints were filed, of which 46 were rejected or dismissed.
19. In 2014 the Office of the Human Rights Advocate established a Sexual Diversity Unit, which, among other functions, is charged with referring and advising and following up on complaints of human rights violations against sexually diverse communities.
20. In November 2016, the Ministry of Public Health and Social Welfare launched the Comprehensive Differentiated Health Strategy for Transgender Persons in Guatemala 2016- 2030, the aim of which is to provide comprehensive differentiated services for transgender persons. The strategy focuses on (a) health promotion and disease prevention, (b) comprehensive health care, (c) institutional strengthening, and (d) monitoring and evaluation.
Prison system, persons deprived of their liberty (second cycle recommendations 99.50, 99.51 and 99.49)
35. With regard to prison conditions, the following actions are being taken:
To prevent violence among inmates, persons deprived of their liberty are separated according to their legal status, criminal profile, age, sex, gender, behaviour, social identity and health status, among other criteria.
Redesign the human rights institutional system (first cycle recommendations 89.2 and 89.24; second cycle recommendations 102.1, 99.18, 99.64, 100.10 and 100.16); Budget allocation (first cycle recommendations 89.25 and 89.33; second cycle recommendations 99.35 and 99.62); Human rights training (first cycle recommendation 89.6)
138. The Office of the Human Rights Advocate established a Sexual Diversity Unit in 2014.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
14. While noting the establishment of the Office of the Ombudsman for sexual diversity, the same Committee regretted the persistence of discrimination on the grounds of sexual orientation in employment, housing, access to education and health care. It recommended that Guatemala ensure that lesbian, gay, bisexual and transgender persons were not discriminated against on account of their sexual orientation or gender identity.
Right to life, liberty and security of person
21. In December 2016, OHCHR condemned the violent incidents which had led to the deaths of five transgender women and urged the authorities to protect the lives and integrity of lesbian, gay, bisexual, transgender and intersex persons.
Fundamental freedoms and the right to participate in public and political life
43. The United Nations country team noted that no progress had been made in the representation of women in elected public office.78 The Committee on Economic, Social and Cultural Rights recommended that Guatemala combat gender stereotypes by promoting equal representation of men and women in public office.
Women
68. The Committee on the Elimination of Racial Discrimination was concerned that women in indigenous communities continued to face multiple forms of discrimination and that indigenous women continued to be subject to violence and face hurdles in seeking access to justice. It recommended that Guatemala include a gender perspective in all its policies and strategies, and take action to change the circumstances and patterns that made indigenous women vulnerable to violence.
69. The Committee on the Rights of Persons with Disabilities recommended that Guatemala ensure the inclusion of women and girls with disabilities in all policies and programmes on gender equality and discrimination
IV. References to SOGIESC issues during the Working Group review
22. Guatemala noted that the Instance for the Analysis of Attacks against Human Rights Defenders in Guatemala is coordinated by the Vice Ministry of Security of the Ministry of the Interior, with the participation of judges, journalist, union leaders and LGBTI persons.
77. Sweden noted that gender-based and LGBTI-related violence is frequent in Guatemala despite measures taken to strengthen the legal framework and create institutions. Human rights and gender perspective in ordinary court judgments are noted in some cases but prevention, resource allocation and implementation remain challenges.
82. Israel welcomed Guatemala’s establishment 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 Commission against Trafficking in Persons, the Child Protection System and Child Pornography Unit.
84. Uruguay welcomed the national consultation undertaken with civil society organizations, which identified as Guatemala’s priorities the need to address violence against women and the situation of indigenous people. It praised the establishment of an Ombudsman on Sexual Diversity.
90. Australia welcomed Guatemala’s progress in ensuring gender equality and improving health and wellbeing of LGBTI. It was concerned by reports of the lack of independence of the judiciary and that women, transgender and transsexual people faced violence, while human rights activists faced threats and were heavily penalised.
102. Brazil welcomed Guatemala’s efforts to ensure the enjoyment of human rights by all citizens. It suggested that Guatemala adopt effective measures to protect the life and physical integrity of lesbian, gay, bisexual and transgender persons.
V. Conclusions and/or recommendations
Guatemala accepted the following recommendations:
111.9. Explicitly incorporate the approach based on gender rights and sensitivity, the Public Policy for Coexistence and Racial Discrimination and the Plan for its implementation so that, in line with the 2030 agenda, no one is left behind (Honduras);
111.98. Elaborate and implement programs and initiatives to encourage the sharing of the domestic responsibilities and child care with a view to eliminating gender stereotypes (Haiti);
111.102. Ensure the inclusion of women and girls with disabilities in all policies and programs on equality and gender discrimination (Paraguay);
111.133. Continue to combat gender stereotypes by promoting equal representation of men and women in public office (Timor-Leste);
Guatemala noted the following recommendations:
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 raise-awareness measures to guarantee that people belonging to the LGBTI community are not discriminated against on grounds of their sexual orientation and gender identity (Uruguay);
113.17. 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 penalise 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 (LGBTI) (Chile);
112.49. Take all necessary measures towards rigorous implementation of all legislation on gender equality (Burkina Faso);
112.50. Develop government programs 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);
VI. Further information
You will find all documents relating to Guatemala’s third review at UPR-Info and OHCHR’s websites.