This resolution condemns attacks and abuses perpetrated against Guatemalan society, including judges, anticorruption prosecutors, human rights defenders, and indigenous communities. It also affirms support for, and calls on the federal government to take actions to advance, the rule of law and democracy in Guatemala.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1481 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. RES. 1481
Urging United States policy toward Guatemala to support the rule of law
and address challenges of kleptocracy, organized crime, private and
public sector corruption, illicit campaign financing, criminalization
of and attacks on justice operators, journalists, and human rights
defenders, and restrictions resulting in the closure of civic space.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2022
Mrs. Torres of California (for herself, Mr. Sires, Mr. Castro of Texas,
Mr. McGovern, and Mr. Garcia of Illinois) submitted the following
resolution; which was referred to the Committee on Foreign Affairs, and
in addition to the Committees on Financial Services, and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
RESOLUTION
Urging United States policy toward Guatemala to support the rule of law
and address challenges of kleptocracy, organized crime, private and
public sector corruption, illicit campaign financing, criminalization
of and attacks on justice operators, journalists, and human rights
defenders, and restrictions resulting in the closure of civic space.
Whereas in the June 2021 United States Strategy on Countering Corruption,
President Joe Biden stated that ``Corruption threatens United States
national security, economic equity, global anti-poverty and development
efforts, and democracy itself'';
Whereas, according to the Department of State report for 2021 on Human Rights
Conditions in Guatemala, corruption and impunity continue to be serious
problems in Guatemala, asserting that ``prominent anticorruption
prosecutors were fired or removed from significant cases, and corrupt
actors threatened independent judges by filing complaints based on
spurious charges to strip them of immunity to prosecution'';
Whereas the Department of State included Guatemalan Attorney General Maria
Consuelo Porras on the Undemocratic and Corrupt Actors list released
September 20, 2021, due to her ``involvement in significant corruption''
and pattern of obstructing justice, including by reportedly ``ordering
prosecutors in Guatemala's Public Ministry to ignore cases based on
political considerations and firing prosecutors who investigate cases
involving acts of corruption'';
Whereas, on May 16, 2022, after President Alejandro Giammattei reappointed Maria
Consuelo Porras as Attorney General, the United States deemed her
ineligible for entry into the United States ``due to her involvement in
significant corruption'';
Whereas, as of June 2022, at least 24 justice operators involved in fighting
corruption, including public prosecutors, judges, a magistrate from the
Constitutional Court, and two former attorneys general had been forced
into exile;
Whereas, as of May 2022, at least 6 anticorruption prosecutors have been
detained by Guatemalan authorities based on spurious or frivolous
charges;
Whereas, according to the Inter-American Commission on Human Rights 2021 Annual
Report on Guatemala, the weakening of human rights institutions and
setbacks to the fight against corruption and impunity have a
disproportionate impact on women, children, indigenous peoples, and
other historically marginalized populations;
Whereas the United Nations High Commissioner for Human Rights reported that
``throughout 2021, attacks and judicial persecution against justice
operators for their legitimate work continued'' in a pattern that
``undermines the rule of law and judicial independence'';
Whereas, on June 21, 2021, a law entered into force in Guatemala which imposes
onerous administrative requirements for nongovernmental organizations
(NGOs), making it difficult or impossible for them to operate and giving
the government the ability to close NGOs at will;
Whereas the excessive and unjustified use of states of exception has created a
situation in which numerous warrantless arrests are conducted, often
targeting indigenous community leaders defending their rights to land;
Whereas Guatemalan human rights group La Unidad de Proteccion a Defensoras y
Defensores de Derechos Humanos--Guatemala (UDEFEGUA) documented over 589
acts of violence and aggression against human rights defenders, justice
operators, and journalists from January to June 2022;
Whereas, in 2021, at least 179 attacks were reported against indigenous and
campesino leaders who defend land, territory, and the environment; and
Whereas since January 1, 2021, after receiving threats that led them to fear for
their lives, 6 journalists have fled into exile, and on July 29, 2022,
award-winning journalist Jose Ruben Zamora, founder and president of the
newspaper El Periodico, was arrested at his home and remains detained:
Now, therefore, be it
Resolved, That the House of Representatives--
(1) commends the bravery, endurance, and resolve of the
prodemocracy, anticorruption movement, those who risk life and
livelihood to bring a better future to Guatemalans;
(2) condemns the attacks and abuses perpetrated by those
few who act with impunity against the majority of Guatemalan
society and against judges, anticorruption prosecutors, human
rights defenders, and journalists; indigenous communities
protecting land, women escaping sexual violence, LGBTQ
individuals seeking safety, and youth unable to access career
opportunities;
(3) reaffirms its support for rule of law and democracy in
Guatemala, and recognizes corruption and impunity among the
root causes of irregular migration to the United States;
(4) calls on the Department of State and the Treasury to
ensure United States resources are not used to support corrupt
actors by undertaking investigations of Guatemalan Government
officials, judicial personnel, legislators, security force
members, and private sector individuals who have participated
in significant acts of corruption or human rights abuses, and
to act expeditiously to issue targeted sanctions, including
under the Global Magnitsky Human Rights Accountability Act, and
to investigate and, where appropriate, freeze economic assets
in the United States;
(5) reiterates the United States commitment to combating
corruption in Guatemala and working to provide support for
international financial institutions to ensure loans and
assistance are not granted to individuals or entities
responsible for corruption, illicit political campaign
financing, or human rights violations, and to ensure that all
loans or assistance have safeguards and oversight mechanisms to
ensure they do not permit or facilitate corruption or human
rights abuses;
(6) calls on the United States Development Finance
Corporation to review current and pending loans and grants to
ensure such loans and grants do not go to projects that might
put human rights defenders at risk and are not channeled
through entities whose leaders have engaged in corruption or
human rights abuses;
(7) urges all United States Government initiatives
promoting United States investment in Guatemala to ensure that
such investment does not violate human rights, including labor
rights, disregard indigenous or Afro-descendant community land
rights, or benefit corrupt actors;
(8) urges the Department of State and the Department of
Defense to review and defer assistance and training to the
Guatemalan Armed Forces and National Civilian Police until such
reviews indicate the Guatemalan Government is taking effective
steps to investigate and prosecute security forces implicated
in significant acts of corruption and human rights abuses,
including those committed against indigenous communities and
human rights defenders, and is taking effective steps to
curtail the role of the military in public security;
(9) calls on the United States Trade Representative and
Department of Labor to review the extent to which Guatemala is
in compliance with the Dominican Republic-Central America-
United States Free Trade Agreement, including the provisions
that require governments to establish procedures to disqualify
suppliers that engage in fraudulent or illegal activities and
the provisions related to labor rights;
(10) calls on the Secretary of State to engage with the
Government of Guatemala to emphasize the importance of progress
in ensuring--
(A) an independent judiciary with transparent and
merit-based selection procedures;
(B) free and transparent elections, including
prevention of illicit campaign financing;
(C) respect for freedom of expression and
association;
(D) promotion of community-led development policies
to encourage private sector actors to comply with
environmental and labor standards and the right of
communities to free, prior, and informed consent; and
(E) improving access to justice for victims of
gender-based and sexual violence;
(11) urges the Department of State to engage with like-
minded countries to collaborate on sustained, effective,
anticorruption policies, with respect to Guatemalan Government
officials and private sector individuals who have engaged in or
facilitated corruption or human rights violations; and
(12) encourages the Department of State and the United
States Agency for International Development efforts to provide
long-term support, including financial, psychological, and
legal support, for justice operators, human rights defenders,
trade union leaders, and journalists precluded from carrying
out their activities due to persecution or forced into exile
from Central America.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line