Guatemala (2nd cycle)

For a summary of Guatemala’s review at the first cycle please click here.

14th UPR session
Date of review: 24 October 2012
Date of report adoption: March 2013
Working Group report: A/HRC/22/x

I. Key issues/recommendations identified by NGOs

• Welcome acceptance of recommendations relating to sexual orientation and gender identity during the first UPR cycle, and recommend reporting on progress made towards achieving these goals;
• Take action to combat violence, discrimination and hate crimes based on sexual orientation and gender identity;
• Make provision for recognition of gender identity in official documentation; apply the Yogyakarta Principles.

II. Excerpts from input reports

National report

No references to sexual orientation or gender identity

Compilation of UN information

III. Implementation of international human rights obligations
A. Equality and non-discrimination
19. In 2012, the Human Rights Committee expressed concern about discrimination and violence against lesbians, gays, bisexuals and transsexuals (LGBT). The United Nations Population Fund (UNFPA) noted that transsexuals were the victims of hate crimes. The Committee recommended that any act of discrimination or violence motivated by the victim’ s sexual orientation should be investigated, prosecuted and punished. UNFPA made similar recommendations.

Summary of stakeholder information

I. Information provided by the accredited national human rights institution of the State under review in full compliance with the Paris Principles
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
3. With regard to the UPR recommendations concerning the implementation of the Law against Femicide, the Advocate stated that, notwithstanding the enhanced legal protection, the phenomenon continued unabated between 2007 and 2011. The Advocate was informed of 3,272 cases of violent deaths of women; 618 of the cases had led to convictions. Lesbian, gay, bisexual, and transgender (LGBT) persons had also been victims of violence. There had been many victims of domestic violence, mostly children; and the number of trafficking victims had increased by 44 per cent in the previous two years.

II. Information provided by other stakeholders
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
27. LAMBDA and the Organización de Apoyo a una Sexualidad Integral frente al SIDA (Organization to Support an Integrated Sexuality to Confront AIDS) (OASIS) reported that, notwithstanding the UPR recommendations, Guatemala failed to take significant measures to protect LGBT persons and that this was reflected in their vulnerability and in discrimination and exclusion. The Colectiva de Mujeres en Resistencia indicated that there was a lack of awareness of cases of femicide against lesbian women because the sexual orientation of these women remains — in general — undisclosed. The Organización Trans-Reinas de la Noche expressed similar concerns and recommended the implementation of policies and practices to prevent impunity in cases of human rights violations committed against persons on the ground of their gender identity, proper investigations of such offences and punishment of the perpetrators. The Colectiva de Mujeres en Resistencia recommended the application of the Yogyakarta Principles to promote the integration of the LGBT population into society.

III. References to SOGI during the Working Group review

Argentina made a recommendation to Guatemala on sexual orientation and gender identity (see below).

IV. Conclusions and/or recommendations

100. The recommendations formulated during the interactive dialogue/listed below have been examined by Guatemala and enjoy the support of Guatemala:

100.27. Consider the possibility of strengthening the necessary measures for the protection and integration of LGBT persons (Argentina);

V. Adoption of the Report

The report of the working group is due to be adopted at the 22^nd regular session of the Human Rights Council in March 2013.

VI. Further information

UPR Documentation

For first cycle reports of Guatemala, please see here

National report ¹ :  A | C | E | F | R | S
Compilation of UN information ²: A | C | E | F | R | S
Summary of stakeholders’ information ³: A | C | E | F | R | S
Corrigendum : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Report of the Working group : E