International legal experts gravely concerned at lack of protections for Indigenous peoples and human rights defenders in Guatemala

The International Delegation of Independent Lawyers travelled to Alta Verapaz, where they heard concerning allegations about violence in the context of forced evictions when they visited Indigenous communities and met with local authorities. They will publish a full report in September, but in their initial observations the lawyers highlighted:

• Apparent ‘systemic failures’ in the protection of Indigenous rights.

• Indigenous land defenders in the firing line after opposing extractive projects and unsustainable agricultural developments.

• The need to guarantee access to justice.

• Widespread criminalisation of human rights defenders proving an obstacle to ensuring accountability and the rule of law.

The delegates travelled to three Indigenous communities

This week an expert group of international lawyers travelled to Guatemala after becoming concerned at UN and civil society reports regarding human rights violations associated with agrarian conflict.

The delegation observed first-hand the deteriorating human rights situation in relation to evictions of rural communities in the Alta Verapaz region, and sustained meetings with a range of civil society organisations including the Verapaz Union of Peasant Organisations (UVOC) and Campesino Committee of the Highlands (CCDA), who receive protective accompaniment from Peace Brigades International (PBI) due to the threats they face.

Meetings were carried out with a range of national and local authorities

In Guatemala, those who defend the right to land, territory and a healthy environment have faced threats, intimidation, attacks and killings. In the Alta Verapaz Region in 2022 there was an alarming increase in cases of criminalization against human rights defenders in the region as well as a wave of violent evictions of indigenous communities. 

“Indigenous communities in Guatemala face disregard for communal territorial

rights, unequal land distribution, racism, violence, and a clear lack of access to

justice”, said Camila Zapata Besso, a UK human rights expert. “An effective

response is of the utmost urgency, because this betrays the same agrarian

dilemmas that the peace agreement sought to repair.”

The delegation, made up of delegates from Doughty Street Chambers, The Due Process of Law Foundation, 33 Bedford Row and the Peruvian Society of Environmental Law travelled to the capital and to the region of Alta Verapaz to identify rights violations. Through listening, observing and gathering the testimonies of victims of human rights violations, local lawyers, government institutions, the private sector and diplomats, the independent delegation of international lawyers expressed urgent concerns regarding:

The lawyers sustained meetings with a broad range of civil society organisations

• The widespread criminalisation of Indigenous communities and human rights defenders asserting their rights.

• The eviction and displacement of Indigenous communities from ancestral land and the lack of legal, institutional and practical recognition of their collective rights, including the right to decide about the use of their land and resources.

• The failure of the State to prevent the use of unlawful force and violence against Indigenous families and rural communities, particularly during evictions.

• Reported issues with supply chain due diligence conducted by multinational companies who do business in certain areas, and with Guatemalan counterparts allegedly involved in agrarian conflicts.

• The drastic increase in poverty suffered by Indigenous communities, related to weakening food sovereignty and limited access to water and natural resources.

• Gendered and sexual violence, labour exploitation, violations to the right of the child, and the right to education.

• The lack of access to justice for Indigenous communities.

• Threats and attacks, smears and criminalisation, against human rights defenders.

Daniel Cerqueira, a Brazilian expert on international law, said “The international community and businesses with investment in Guatemala must be attentive to legislative setbacks and the criminalisation of Indigenous communities that are claiming their right to live on their ancestral territories”. Another delegation member, Silvana Baldovino, a Peruvian legal expert in Indigenous rights, said “Guatemala urgently needs to initiate a holistic review of its laws and practises in favour of its Indigenous peoples - upholding their right to the territory in order to rescue their cultural identity and preserve their traditional knowledge.”

The information gathered first-hand will be drawn into a report and used to shine a spotlight on the issues Indigenous communities and the grassroots organisations that support them are confronting.  The delegation expects to publish their report in September. Sign up to PBI UK’s newsletter for updates!

PBI UK Director Ben Leather accompanied the delegations in parts of their visit