guatemala crime and safety report 2021

Many employers of domestic servants routinely paid less than minimum wage, failed to register their employees with the Guatemalan Institute of Social Security, and demanded 16-hour days for six or more days a week for live-in staff. Violence and Harassment: Members of the press reported receiving pressure, threats, and retribution from public officials and criminal organizations regarding the content of their reporting. The Constitutional Court left in place the temporary suspension of the 2019 plea bargaining law. OSAC encourages travelers to use The Criminal penalties for forced labor range from eight to 18 years imprisonment and a fine. and armed robbery are the most common crimes committed against U.S. citizens The kidnappings that do occur involve drug unstable terrain. Further reports indicated that online learning resources when available were focused on visually and auditorily impaired students and that few solutions were provided for students with other disabilities. de Transito de Guatemala reported 6,510 motor-vehicle accidents, 1,585 deaths, Former congressman Edgar Justino Ovalle Maldonado, also charged in the case, remained in hiding after the Supreme Court lifted his immunity from prosecution in 2017. The ministry noted that the judicial system convicted 1,118 perpetrators of violence against women from January to August, compared with 424 in the same period of 2020. The following information is based on the Amnesty International Report 2021/22. Narco-traffickers are heavily armed and operate with relative impunity. On December 10, the government declared the successful conclusion of the ILO 169 consultations with those indigenous groups they designated as participants in the process. The Basics. Review the State There were no reports of political prisoners or detainees. Respect for the Integrity of the Person, a. Trade union leaders and human rights groups reported employers required workers to work overtime without legally mandated premium pay. Social discrimination and stigma around AIDS and HIV continued to be problematic and drove not only the spread of the disease but also mortality rates. Jewish community representatives reported no anti-Semitic incidents as of November. Human rights defenders, journalists, as well as judges and lawyers on high-profile cases, reported social media attacks, including the hacking of their private social media accounts, publishing of stolen or falsified personal information, publishing of photographic surveillance of them and family members, and online defamation and hate speech. Review President Giammattei declared a state of public calamity on August 14, which included a 10 p.m. nightly curfew for all citizens except emergency workers and food delivery workers. Guatemala equipped with basic tools and first aid supplies, and their services are free. Although the courts were working through the 2020 closure backlog, the cancellation of additional hearings meant conviction rates for most crimes were lower in 2021 than in 2020. International and domestic observers considered the number of judges insufficient. Sexual Exploitation of Children: The law provides sentences ranging from 13 to 24 years in prison, depending on the victims age, for engaging in sex with a minor. The law provides for abbreviated processing (similar to plea bargaining) for minor offenses with short-term prison sentences and the right of appeal. of deadly lahar mudslides that often follow volcanic eruptions. Even the most upscale He was released on June 11 pending a hearing on the charges of irregularities related to the documents he submitted to register a political party. Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. patrol major roadways sporadically and may assist travelers. Guatemala Discrimination against LGBTQI+ persons with HIV or AIDS was particularly common and affected access to HIV-prevention programs, especially for transgender individuals. present in Guatemala from hailing taxis on the street. The Public Ministry indicted him on charges of crimes against humanity and aggravated sexual assault against 36 Maya Achi women in Rabinal between 1981 and 1985. equipped with basic tools and first aid supplies, and their services are free. Starting in August 2020 the three governmental entities replaced by the Presidential Commission for Peace and Human Rights had 90 days to transfer their files to existing institutions such as the Office of the Human Rights Ombudsman and the Secretariat for Planning and Programming. detained individuals. Country Council in Guatemala City is active, meeting bi-monthly. In 2019, 3,578 killings were recorded in a country with a population of just 18. As of August 31, the Public Ministry, which is responsible for the prosecution of all criminal cases, as well as the Office of Professional Responsibility of the National Civil Police (PNC), reported five complaints of homicide by police, three more than in 2020. This was mainly due to limited educational opportunities (contrary to law), limited communication regarding their rights, and pervasive discrimination. including the most popular tourist destinations such as Antigua and Tikal. There was one indigenous member on the Constitutional Court and one on the Supreme Court. The Office of the Human Rights Ombudsman (PDH) and the National Office for the Prevention of Torture, both independent government bodies responsible for ensuring that the rights and well-being of prisoners are respected, also periodically visited prison facilities. As of December 10, there were 596 juvenile inmates in four traditional detention centers and the halfway house, which were designed for 557 inmates. traffickers. On March 19, the Public Ministry brought the case before the Supreme Court, but as of November 29, a final resolution had not been issued. Former SBS secretary Carlos Rodas and former deputy secretary for protection and shelter services Anahi Keller remained in pretrial detention with four others on charges of murder, abuse of authority, breach of duty, and abuse against minors following the deaths of 41 girls in the 2017 fire at the Hogar Seguro orphanage. Rape and other sexual offenses remained serious problems. bulk of narcotics-related crimes occur near the Mexican border region. Refer to the Embassys, There In August 2020 the PNC arrested Mejia, the director of a local television and radio service, following her live radio and video reporting of a protest at the Joyabaj mayors office that resulted in damage to municipal property. Gang members (ISO) requirements. This risk further increases in small towns and rural areas away Civil society groups continued to oppose the NGO law, saying it could be used to shutter organizations that oppose the current administration. country comparison to the world: 69 the period January-November 2019, the Observatorio was the victim of a robbery which resulted in a gunshot wound to her leg after she The allegation involved rape of a child. Guidance and Resources; and read FEMAs The law requires the government to provide attorneys for defendants facing criminal charges if the defendant cannot find or afford an attorney. participated highlighted that 17 homicides against members of the LGBTI+ Bus Refer to the Embassys Medical Assistance inspections. a criminal enterprise as extortion. On the same day, in a move that was widely criticized by domestic and international civil society, the government arrested Juan Francisco Solorzano Foppa, a former investigator on the original case that brought Perez Molinas case to trial, and Anibal Arguello, a lawyer who had worked for the UN-backed International Commission Against Impunity in Guatemala and who was a witness in the main case against Perez Molina. Overseas: Best Practices, and Evasive In march 2019, congress passed the second of three required. windows tinted. U.S. Department of State - United States Department of State The following zones in Guatemala City are of elevated concern due to crime: 5, 6, 7, 12, 13, 17, 19, 21, and 24. and to mitigate the dangers of volcanic and weather conditions. Ministries and businesses are required to negotiate only with the largest union, as determined by annual membership. individuals accompany the assailants, functioning as lookouts. Review the State Departments webpage on, Zika The eruption was Fuegos largest since 1974, and included a partial collapse of Calzada Judges who presided over high-profile criminal cases faced continued efforts to strip them of their immunity, which would expose them to potential prosecution and retaliation for their judicial rulings. payments despite not belonging to gangs. On August 30, Judge Miguel Angel Galvez ruled there was sufficient evidence to bring the case to public trial. The government did not effectively enforce the law, a situation exacerbated by the weakness of the labor inspectorate and labor court systems. The use of motorcycles allows the regardless of a paid ransom. Negligence by officers largely resulted from a lack of sufficient training. Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of theft, extortion, commercial sexual exploitation, transporting contraband, and conducting illegal drug activities. Labor rights defenders noted an increase in reported cases, including mass firings, use of force against collective action, criminalization of worker protest, and disguised violence using gang members to commit workplace threats and violence at the employers request. Impunity in Guatemala (referred to as CICIG). CRIME AND INSECURITY IN GUATEMALA AP Photo: Rodrigo Abd CRIME AND INSECURITY IN GUATEMALA Evaluating State Capacity to Reduce Violence and Combat Organized Crime JULY 2020 | SERIES 1 Climbing volcanoes in In the five days following the declaration, the PNC conducted 26 raids and arrested 15 persons for crimes including starting wildfires, possession of drugs, and threatening violence. Petn, as well as between Tikal and the Belize border. Guatemala During the dams construction from 1975 to 1985, more than 400 individuals died, and thousands were displaced. Since then, the United Nations family in Guatemala has collaborated with the Guatemalan State civil society organizations and other organized sectors, to achieve . Bureau of Diplomatic Security Armed security discharged their weapons in response, resulting in shortages of basic medicines and equipment. time using pre-screened, vetted transportation services, including Uber. Large demonstrations occur, sometimes If the Download the State Departments Crime Victims transport vehicles. highway robberies include accusations that police, or assailants dressed as go unreported and there is uncertainty about the true magnitude of the problem. seismic events, 85 of which were seismic movements measuring 3.5 or higher. There continued to be credible reports of retaliation by employers against workers who tried to exercise their rights, including numerous complaints filed with the Ministry of Labor and the Public Ministry alleging employer retaliation for union activity, according to an NGO. On November 15, in a unanimous decision, the three judges of the High-Risk Tribunal B granted house arrest to former president Otto Perez Molina, indicted in the case stemming from 2016 known as Cooptation of the State. Inspections were generally not comprehensive, and if complaint driven, focused on investigating the alleged violation rather than attempting to maximize limited resources to determine compliance beyond the individual complaint. determine the true severity of this issue. According to the OHCHR, there was a significant increase in attacks and incidents of defamation and intimidation against indigenous defenders of indigenous land, territory rights, and natural resources. their family members as punishment. involved. In August Marvin del Cid, an independent journalist, left the country after receiving threats due to the publication of a book he wrote exposing alleged improprieties in President Giammatteis campaign funds in the 2019 presidential election. While the indigenous population constituted an estimated 44 percent of the population, according to the National Institute of Statistics, indigenous representation in national government was minimal. Aurora International Airport (GUA) offers direct flights to/from the United U.S. government personnel and their family members are prohibited from using these forms of transportation. Guatemala crime rate & statistics for 2017 was 32.13, a 2.6% decline from 2014. The locals also threatened to burn down the police Provisional Status, which must be renewed every 30 days, conferred a legal status to individuals who had undergone an interview as part of an application for refugee status and were awaiting a decision on their recognition as a refugee. sporadic police presence in rural areas cause significant underreporting. climbers. The law provides for 12 paid annual holidays and paid vacation of 15 working days after one years work. The legal workweek is 48 hours with at least one paid 24-hour rest period. located about 25 miles southwest of Guatemala City, last erupted in June 2018. Care in private hospitals is In 2018, The murder rate in Guatemala decreased . Congress approved the state of siege two days later and imposed a curfew from 6 p.m. to 6 a.m. Between May 21 and November 26, the Ministry of Energy and Mines held four court-ordered ILO-169 preconsultations with Xinka authorities to discuss the Pan American Silver mine (formerly San Rafael) at Escobal. According to the report, the parents of the underage girls working in these shops often gave permission for the girls to work in these shops and took their salaries for household expenses. The law does not prohibit discrimination in access to credit based on gender. The law establishes a one-year maximum for pretrial detention, regardless of the stage of the criminal proceeding, but the court has the legal authority to extend pretrial detention without limits as necessary. Serious medical problems requiring hospitalization and/or medical trucks and trailers, and poorly maintained vehicles that often lack properly Central America, the trend has been positive over the past several years. password. Overcrowding was common in both private and SBS shelters, and government funding for orphanages remained limited. Women Also see the Department of States Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/. For roadside taskings or cases at the same time. Authorities arrested two members of Mara Salvatrucha in connection Because of having to work beyond the maximum allowed hours per day, workers received less than the minimum wage for the day and did not receive the required overtime pay. getty. Serious medical problems requiring hospitalization and/or medical Over the following weeks, protesters demonstrated in support of Sandoval and called for the attorney generals removal. Perez Molina has been in pretrial detention since 2015. connection with the attempt. On October 24, President Giammattei declared a 30-day state of siege in El Estor after dozens of protesters, including environmental defenders and indigenous activists, blocked coal trucks from accessing the mine and clashed with PNC forces who attempted to clear the road for mining traffic. Reproductive Rights: Forced sterilization was purportedly common in persons with disabilities but reporting on these abuses was rare. Driver qualification levels vary, invasions by armed groups continue to occur in upscale neighborhoods. OSAC provides the latest safety- and security-related information, public announcements, travel advisories, terrorist group profiles, country crime and safety reports, and more to its constituency of more than 4,600 U.S . The CDC offers additional information on Both the government and the United Nations launched investigations into the allegation, but as of November both inquiries remained pending. There was a high-level nationwide debate spawned by congress consideration of a bill that would grant amnesty for all atrocities committed during the civil war. A unit under the Office of the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. Guidance and Resources. Threats against independent judges also posed a threat to anticorruption efforts. traffickers. Crime in Guatemala stems Given the complexity of In 2018, Local police may lack the resources to respond effectively to criminal incidents resulting in a low arrest and conviction rate. Some kidnapping groups kill their victims The number of reported missing persons also According to NGOs, the General Inspectorate of Labor failed to ensure that workers who formed new unions were protected from termination as per Article 209, frequently failing to notify the companies of the formation of the union and the prohibition against firing the founders or failing to do so in the timeframe required by law. Civilian authorities at times did not maintain effective control over the security forces. Public hospitals frequently experience serious In July the government approved the Policy for the Protection of Life and the Institutionality of the Family, an executive policy that sets forth policy principles, including a definition of family as a nuclear family with one male and one female parent, and a definition of life as starting at conception. The event was described as service. Impunity was evident in the Port, Airports, and Border Points Division (DIPAFRONT) of PNC forces dedicated to investigating crimes involving national borders, such as drug trafficking, smuggling, contraband and evasion of paying taxes by moving money outside the country. the police reported 3,881 homicides; a figure slightly higher than the 3,578 The most successful groups for original OSAC reporting, consular messages, and contact information, some is an annual report produced in conjunction with the Regional Security Office display of affluence, or by not following sound personal security practices. Guatemalas picturesque volcanoes can be dangerous for even experienced Review hazard. Choc, an indigenous spiritual guide, was tortured and killed in Peten in June 2020. The Ministry of Labor regulations set the minimum age for employment at 15 years. On February 21, an appellate court ruled against the appeal of the 2018 ruling that acquitted Rodriguez Sanchez of all crimes. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. There is a critical murder totals have decreased. The ministry did not employ enough labor inspectors to deter violations, and many of them performed reviews on paper or administrative duties rather than clearly defined inspection duties. and vary widely across the country, with more development within urban areas. President Alejandro Giammattei and the elected congressional deputies took office in January 2020 without disturbance. In The NGO Mutual Support Group reported that from January to August, 395 women were killed, compared with 302 in the same period in 2020. must also be aware of the high frequency of demonstrations/protests in OSACs report, Security Reports indicated the lack of access to resources and technologies, such as internet connectivity and computers, caused the deficiency in virtual education during COVID-19 shutdowns, especially in rural and poor areas. prior to departing for your destination. Impunity for high-level officials from disciplinary or criminal prosecution existed. the service. on the roadway or attempt to cross roads even in heavy traffic. these services are extremely expensive and frequently require payment before rendering creating an untenable safety situation. on rural roads increases the risk of encountering a criminal roadblock or is the threat of narco-traffickers forcibly seizing land to facilitate the Strikes were extremely rare, but work stoppages were common. The minimum age of consensual sex is 18. The Regional Unit against Trafficking in Persons, responsible for eight departments in the Western Highlands and launched in 2018, expanded the governments investigative capacity against child pornography offenders. the expatriate community can fall victim to these crimes due to a perceived A prosecutor reported that in October, after her office removed her from a high-profile corruption case, unknown individuals in unmarked cars photographed her mother and sister outside their houses on several occasions. kidnappings while 17 were reported for 2019. Review OSACs report, Kidnapping: has three active volcanoes: Pacaya, Santiaguito, and Fuego. and funding. These vehicles had yet to be deployed as of November but were needed, since inspectors often lacked vehicles or fuel to carry out inspections, and in some cases they failed to take effective action to gain access to worksites in response to employers refusal to permit labor inspectors access to facilities. reduction. Tourist Security escorts for tourist groups and When traveling to Lake Atitln, use certified tourist providers and travel between villages on the lakeshore by chartered boat, as perimeter paths pose a serious crime risk and are not easily accessible by emergency services. Review OSACs reports, The Lack of information about the laws implementation made it difficult to assess its impact on improving labor law enforcement. Persons with disabilities, especially underrepresented groups, experienced higher levels of violence and abuse, including sexual assault. GPS applications trying to minimize travel times can also Three-judge panels render verdicts. pedestrian and demand valuables and cell phones.

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