APG expresses concerns to Canadian ambassador to Guatemala regarding the erosion of the judicial system, due process, and Canadian mining in Guatemala

The following letter was sent to the Ambassador of Canada to Guatemala Rajani Alexander on March 24, 2023.

Dear Ambassador Alexander,

Please accept greetings from the Americas Policy Group (APG), a national network of Canadian civil society organizations with a 30-year history of working for human rights and justice in Latin America and the Caribbean. We hope this letter finds you well.

We are writing to follow up on the meeting you and other embassy staff had on November 29, 2022, with APG organizations that work in Guatemala. We found the discussion very fruitful, and we thank you for meeting with us.

We would also like to thank the Embassy for speaking out strongly in December on the trial and conviction of anti-corruption prosecutor, Virginia Laparra. Canada’s principled stand regarding the persecution of Ms. Laparra was noted by the Guatemalan media and public and, we believe, strengthens the campaign for her release. We ask you to continue expressing concern for the violations of Ms. Laparra’s rights, for impartial justice, and for guarantees of her right to adequate healthcare. Ms. Laparra needs immediate emergency surgery to address a serious health diagnosis, yet so far authorities have failed to respond. The consequences of lack of action in this regard are deeply worrying.

Given the co-optation of the Guatemalan judicial system in recent years, the role of Canada and other members of the international community in monitoring cases like that of Virginia Laparra and speaking out against abuses becomes even more vital.

We urge the Embassy to take a similar public interest in the Diario Militar case, involving the trial of several military officers for the forced disappearance of 183 Guatemalans, some of whom are relatives of Canadian citizens.

The Diario Militar case is the most important transitional justice case in Guatemala since the 2013 Maya Ixil genocide trial. On November 15, 2022, the judge presiding over this case, Judge Miguel Ángel Gálvez, was forced to resign and flee the country following a concerted campaign of threats and intimidation spearheaded by the Foundation against Terrorism (FCT), a pro-military organization that has sought to obstruct and stop human rights trials. We share the fear expressed by the plaintiffs that this could open the door to a total dismantling of the case. We therefore feel it is more important than ever to demonstrate that the international community is watching and that respect for the rule of law is paramount. In previous hearings during the evidentiary phase, presence of embassy and international observation officials significantly dissuaded harassment of families and witnesses. We call on the Embassy to be represented at the ongoing Diario Militar hearings, especially when judicial independence is clearly threatened.

Indeed, we are deeply concerned about the extremely serious, deteriorating situation for rights and justice in Guatemala, which is all too often eclipsed by crises in other countries featured in the headlines. We appreciate Canada’s investment in international efforts to support the struggle against impunity in Guatemala, and urge renewed, strategic pressure to address a dangerous backslide that threatens the rule of law.

Our organizations have documented multiple cases of criminalization of prosecutors, judges, and magistrates with an obvious goal. Those targeted include members of the Human Rights Prosecutor’s Office, the Special Prosecutors Office against Impunity, magistrates of the Constitutional Court, judges of higher risk courts, and tribunals involved with emblematic cases of serious human rights violations and large-scale corruption investigations.

In the past year, more prosecutors have been arrested and others have fled the country due to fears of being detained and prosecuted for their work against corruption. What is at stake is nothing less than the independence of the judiciary, the right to due process, and the right to defend human rights. As an Indigenous defender said to one of our organizations, “if judges are being attacked and forced to flee, what hope is there for those of us who have always been denied our rights, criminalized and attacked”.

It is absolutely imperative that Guatemala be put under pressure to guarantee the independence of justice officials, the right to due process, and the right to defend human rights.

Amidst the extremely concerning shrinking space for civil society, we appreciate the support from the Embassy that enabled us to secure a meeting with Canada’s diplomatic mission in Geneva for a delegation of Guatemalan civil society partner organizations carrying out important information-sharing and advocacy work related to the UPR process. We urge Canada to act on their recommendations. We also urge support for the implementation of a public policy for the protection of human rights defenders which was ordered by the Inter-American Court of Human Rights in 2014, but which was never adopted. Advocacy on these fronts fits within the mandate of the Voices at Risk guidelines for defenders at risk.

Finally, during our discussion on November 29, 2022, you requested further information regarding the activities of Canadian extractive companies in Guatemala. We have attached a one-page brief that highlights the cases we are most concerned about (see Annex).

We thank you again for meeting with us and look forward to further discussions soon. We believe that ongoing dialogue between the embassy and Canadian civil society organizations operating in Guatemala is of particular importance in the current context of an electoral campaign already fraught with irregularities, and a new state campaign against freedom of the press.