The Committee on the Rights of the Child today concluded its consideration of the seventh periodic report of Guatemala, with Committee Experts praising the new Government's achievements in its first 100 days in power and raising issues concerning the State's response to the 2017 Guatemala City youth shelter fire and recruitment of children by gangs.
One Committee Expert commended the achievements made by the new Government in its first 100 days. The State party needed to fight issues such as organised crime and climate change, they said. What measures would the State party take to address indigenous issues?
Several Experts raised issues concerning a fire that occurred at a Guatemala City youth shelter in 2017. Faith Marshall-Harris, Committee Expert and Coordinator of the Country Taskforce for Guatemala, said around 40 children appeared to have died in vain in the 2017 tragedy, as there seemed to have been little legislative progress to prevent reoccurrence and promote reparation for victims. How had the victims been compensated?
Ms. Marshall-Harris cited reports that children as young as five years old were being recruited by armed groups, sometimes on their way to school, and being used for drug trafficking or sexual exploitation. Gangs had seemingly become more widespread over the reporting period. What measures were in place to provide children with assistance to leave gangs and to be reintegrated into society?
Introducing the report, Héctor Oswaldo Samayoa Sosa, Executive Director of the Presidential Commission for Peace and Human Rights and head of the delegation, said that children and adolescents in Guatemala had suffered on multiple occasions from the neglect of institutions in the fulfilment of their obligations. The new Government, which had taken power on 14 January this year, was committed to ensuring the best interests of children and adolescents.
The State party aimed to reduce discrimination, racism and historical asymmetries towards indigenous peoples in social, political and economic spaces, and strengthen and promote their ways of life, Mr. Samayoa Sosa said. It promoted inclusion and development of children and adolescents in rural and remote areas, people with disabilities, indigenous peoples, and people of diverse gender identities.
In relation to the fire occurring in a youth shelter in 2017, Mr. Samayoa Sosa said there was a need to promote guarantees of non-repetition. Government institutions had consulted with victims and developed a plan to meet their needs. The Congress of the Republic continued to provide a lifetime allowance for survivors. The delegation added that the State party was committed to promoting alternatives to depravation of liberty and deinstitutionalisation, and to honouring the memory of the victims of the incident. A strategy was being developed to divert children in the State's care to foster families rather than institutions.
Work needed to be done to prevent children from getting involved with gangs, the delegation said. There was a programme in place that promoted healthy ways of life for children outside of the school system. There was also a safe schools programme and a police community outreach programme that discouraged affiliation with gangs. The State sought to further strengthen this grassroots approach.
In closing remarks, Ms. Marshall-Harris said that reports indicated that the plight of children in Guatemala was deeply concerning, but she had been heartened by the green shoots of reform that had been presented in the dialogue. The delegation had demonstrated that it was ready and willing to implement change, and protect the rights of children, indigenous peoples and other vulnerable groups.
In his concluding remarks, Mr. Samayoa Sosa said the dialogue had helped the State party to identify areas in which further work was needed. Guatemala was committed to working with the Committee, the Treaty Bodies system and international human rights courts to address these. The State party would continue to engage in dialogue with the Committee in its efforts to implement the Convention.
Ann Marie Skelton, Committee Chair, said in concluding remarks that it had been an interesting and expressive dialogue, and the State party had been open about the challenges it faced. The Committee hoped that the State party would use the concluding observations as a roadmap for implementing change.
The delegation of Guatemala consisted of representatives from the Secretary of Social Welfare of the Presidency; Secretary of Social Works of the First Lady; Congress of the Republic; Labour Commission; Supreme Court of Justice; Ministry of the Interior; Ministry of Education; Ministry of Public Health and Social Assistance; Ministry of Foreign Affairs; Office of the Attorney-General; Presidential Commission for Peace and Human Rights; and the Permanent Mission of Guatemala to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Guatemala at the end of its ninety-sixth session on 24 May. Those, and other documents relating to the Committee's work, including reports submitted by States parties, will be available on the session's webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public this afternoon at 3 p.m. to consider the combined fifth and sixth periodic report of Georgia (CRC/C/GEO/5-6).
Report
The Committee has before it the seventh periodic report of Guatemala (CRC/C/GTM/7).
Presentation of Report
HÉCTOR OSWALDO SAMAYOA SOSA, Executive Director of the Presidential Commission for Peace and Human Rights and head of the delegation, said Guatemala had the political will to give full effect to the human rights of all persons, especially vulnerable persons. Children and adolescents in Guatemala had suffered on multiple occasions from the neglect of institutions in the fulfilment of their obligations. The dialogue would allow the delegation to identify care, assistance and protection measures that was needed to promote the best interests of children and adolescents in the country. In 2023, the people of Guatemala went to vote in the general elections, which were attacked under an anti-democratic narrative. However, this had been countered by indigenous peoples and various sectors of the population, allowing for the election of President Bernardo Arévalo for the period 2024-2028 and the current Government.
There was a need to promote guarantees of non-repetition in relation to the fire occurring in a youth shelter in 2017. Government institutions had consulted with victims and developed a plan to meet their needs. The Congress of the Republic continued to provide a lifetime allowance for survivors, recognising that there were administrative issues that needed to be resolved.
The Government prioritised inter-institutional coordination among entities working for the protection of children and adolescents. To strengthen efforts to combat sexual violence, the permanent Inter-Institutional Commission against Sexual Violence was created. This Commission pursued prevention of sexual violence, investigation and strengthening of institutional capacities. Various Government entities were working to prevent violence against children and adolescents, with emphasis on raising awareness of sexual violence in schools. Indigenous peoples carried out work to prevent violence and promote reparation for victims. The State provided daycare and non-residential care measures for victims. There were insufficient alternatives to institutionalisation, but the Government was implementing measures that promoted care in a family environment.
Actions were being taken to improve current educational services for children and adolescents. The State had increased enrolment in different levels of education and introduced the school health programme, which aimed to improve the health of children and adolescents and keep them in the national education system.
After many years of promoting a regressive legislative agenda regarding human rights, the Congress was now promoting legislative initiatives focused on the rights of vulnerable groups, including children and adolescents. It was considering the Mental Health Bill, the Child and Family Care Centres Bill, amendments to the Alba Keneth Law and the Law to Prevent and Punish Trafficking in Girls in Prisons.
The judiciary supported access to justice for indigenous peoples and persons with disabilities and promoted the protection of children and adolescents. A pilot plan had been developed to allow court cases to be filed electronically, and to provide information of the rights of children and adolescents on the judicial branch's website.
The State party promoted sustainable, progressive care policies for children and adolescents, and the well-being of officials who provided care services. It aimed to reduce discrimination, racism and historical asymmetries towards indigenous peoples in social, political and economic spaces, and strengthen and promote their ways of life. Further, it promoted inclusion and development of children and adolescents in rural and remote areas, people with disabilities, indigenous peoples, and people of diverse gender identities. Guatemala reaffirmed its commitment to ensuring the best interests of children and adolescents, as well as to basic guarantees for their development, included in the Constitution, the Convention and other international instruments on the rights of children and adolescents.
Questions by Committee Experts
FAITH MARSHALL-HARRIS, Committee Expert and Coordinator of the Country Taskforce for Guatemala, said that Guatemala had made several important legislative steps, but there had been problems with their implementation. She noted that international treaties took precedence over domestic legislation. There had been stagnation in the process of adopting child protection legislation.
Around 40 children appeared to have died in vain in the 2017 tragedy at the Guatemala City youth shelter, as there had been little legislative progress to prevent reoccurrence and promote reparation for victims. Would the State party develop legislation in line with international standards on parental authority? There was a high incidence of rape of girls; Guatemala had possibly the worst rate of child rape in the region. Would the State party consider removing abortion as a criminal offence? There needed to be appropriate funding of measures to prevent sexual and gender-based violence.
There was a need to provide the National Commission for Childhood and Adolescents with a clear mandate to coordinate children's policies and appropriate resources. Did corruption play a part in the underfunding of policies for children? There had been few policies for children approved in recent years. Would the State party make more budget allocations for vulnerable children, including indigenous children, in future? Would it work to improve its data collection system on children, especially data on sexual violence against girls? What measures were in place to support children to access independent, quality legal aid?
Another Committee Expert asked about plans to amend the Constitution to address various grounds of discrimination, including discrimination based on sexual orientation and gender identity. Discrimination reportedly remained prevalent in Guatemala. How was the State party working to combat discrimination of girls, survivors of sexual violence, HIV-positive children and indigenous children? Were there any strategies or awareness raising campaigns in place in this regard? How was the State party protecting lesbian, gay, bisexual, transgender and intersex children from conversion therapy? The bill aiming to protect children who had gender identity disorder had been withdrawn from Parliament. What was the status of this law?
The child protection system appeared to be too weak. What had the State party done to interpret the best interests of the child in legislation? What measures were in place to address neo-natal deaths among the indigenous population?
Many children died in the 2017 youth shelter tragedy. How had the victims been compensated? Had perpetrators undergone trials? What actions had been taken to hold police accountable for ill-treatment of youth? How was the State party promoting the participation of indigenous peoples in decision making processes for matters affecting them?
What was the mandate of the National Council for Adoption? What measures were in place to address family separation? The State party had adopted several measures related to the protection of life and the family. Did these recognise children as rights holders? Were institutions for children deprived of a family environment registered and supervised? Had the State party developed a deinstitutionalisation strategy? How many children were currently accommodated in the Guatemala City youth shelter? Adoption appeared to have an important place in State policy. What had been done to ban illegal adoption and ensure that all adoptions were based solely on the best interests of the child? How was the State party prosecuting illegal adoptions and supporting adoptees to access reparation and locate their relatives?
One Committee Expert welcomed that the State party had a national registry of persons. Did it have a strategy for promoting birth registration in remote areas? Did the current Government continue to issue fines for late birth registration? Mobile units were useful in promoting birth registration in rural areas. How would the State sustain and upscale these units?
What programmes were in place to strengthen the digital literacy of children, parents and teachers and online protection measures for children? What awareness raising campaigns were in place to combat stigmatisation of child victims of sexual violence? Would the State party raise the age of sexual consent, which was currently 14 years? What support services were provided to child victims of sexual and gender-based violence and girls with disabilities?
What independent investigations had been carried out into the 2017 youth centre fire? What complaints mechanisms had been set up for children in State institutions? A draft law on the use of corporal punishment against children had not been considered in Parliament. What was the status of this law? Gangs had seemingly become more widespread over the reporting period. What measures were in place to provide children with assistance to leave gangs and to be reintegrated into society?
A law prohibiting child marriage had been adopted by the State party, but combatting child marriages was reportedly a significant challenge in Guatemala. What measures were in place to tackle child marriages? Had the State party updated its national action plan on the prevention of early pregnancies? Was the Government considering repealing the criminalisation of gay marriage?
Responses by the Delegation
The delegation said a new Government had taken power on 14 January this year. The Congress made human rights-based decisions for the well-being of the country. Human rights had experienced setbacks in recent years. Previous laws on the protection of families and protection of children from identity attacks were too harsh and the Congress did not plan to continue to implement these. The Congress sought to provide comprehensive protection of the rights of children. A law had been adopted in 2022 on the prevention of bullying online and at schools. Reforms had been made to the Criminal Code to create a new crime of online grooming.
The judiciary had developed several strategies to defend children, including training for judges in specialised programmes on children's rights. There were first-instance courts for children and adolescents. Video conference systems had been implemented to allow child victims to provide remote testimonies. Interpretation services were provided to indigenous and foreign children. Specialised staff supported child victims to provide testimony in a comfortable setting.
A law had been developed to provide victims of the 2017 youth shelter tragedy with comprehensive reparation, shelter, food, health and income. Courts were in the final stages of developing decisions on the 2017 youth shelter incident. The State party had developed a roadmap for deinstitutionalisation. New homes had been established for minors. Reparations were being provided to victims. The State party had provided guarantees of non-repetition.
The residential care model still existed. Around 600 children were living in the youth shelter when the 2017 tragedy occurred. This institution had since been closed, and 14 smaller institutions had been set up to house these children. There were institutions for children with disabilities and institutions for children with drug addictions or links with gangs. The State party had carried out a mapping exercise in 2017 into the situation within these institutions, based on which it had developed a deinstitutionalisation strategy. There had not been sufficient investment in institutions in the past few years. The State party was working with the resources it had to ensure that there was sufficient food and staffing at these institutions. The Government was working on plans to increase the budget for these institutions for 2025. The State party faced challenges in promoting the social inclusion of children and adults with disabilities. Training was provided for institution staff on caring for children with disabilities.
The State party currently had a budgetary deficit that inhibited its ability to implement policies for children. There had been attacks on staff in institutions following the 2017 incident. These staff worked on a minimum wage to provide various services to the children in institutions. The State party planned to establish formal staff posts with higher wages within institutions. The State party was committed to promoting alternatives to depravation of liberty and deinstitutionalisation, and to honouring the memory of the victims of the 2017 incident and providing reparation to victims' families. A strategy was being developed to divert children in the State's care to foster families rather than institutions. The State party was committed to returning children to their biological families whenever possible.
To promote deinstitutionalisation, the State party was providing social programmes for children based on their needs. If placement of children with their biological family was not possible, the State sought to place children in foster families. Institutionalisation was a last resort measure. Between 2020 and 2024, the State party had provided care for over 700,000 children and adolescents through its social programmes. Of those, around 10,000 had been institutionalised. Adoption was not a protection measure. The Government's aim was to return children to their families whenever possible and as quickly as possible. The National Council for Adoptions promoted adoptions as a priority for children in institutions. It sought to gather information on the children in institutions to facilitate returns to their biological relatives.
Work needed to be done to prevent children from getting involved with gangs. There was a programme in place that promoted healthy ways of life for children outside of the school system. There was also a safe schools programme and a police community outreach programme that discouraged affiliation with gangs. The State sought to further strengthen this grassroots approach.
The healthcare system had been fragmented for some time. The State party had endeavoured to promote the right to health for the entire population. The sexual and reproductive health programme aimed to prevent teenage pregnancy. Over 14,000 contraception items had been distributed to the population. Friendly spaces had been established to provide young people with advice and support regarding reproductive health.
The Ministry of Health had set up a bureau to facilitate the registration of births. There was a coordination mechanism that assessed issues related to birth registration. All hospitals could perform birth registrations. Around 11 per cent of the budget for the Ministry of Health had been devoted to promoting birth registration. Fines were issued if births were not registered within 60 days. This was an incentive to register births within 60 days.
The State party had made progress in updating a protocol on referral of cases of teenage pregnancy to the Prosecutor's Office as required. Training was provided to teachers on addressing the problem of teenage pregnancy. The national strategy on the protection of children included measures to address sexual violence against girls and early pregnancy. The National Institute of Statistics did not collect a sufficient range of data on sexual violence and children's rights. The State party aimed to promote greater coordination to create reliable, accurate registers of data.
The State party was carrying out initiatives to support indigenous peoples. Traditional indigenous knowledge had been included in school curricula. The Government aimed to increase bilingual tuition in schools and was currently recruiting teachers who could teach in classes in all national languages. The State party had assessed the needs of multicultural schools and developed measures to increase the quality of education they provided. The Government was also investing in improving the technology available in schools. Educational policies promoted inclusion of vulnerable populations. A department on dialogue and governance had been established. This department had conducted dialogue with indigenous peoples, the views of whom had informed the State's policies.
The State party worked with mothers deprived of liberty to care for their children up to four years of age. Specialised facilities and meals were provided for these children in prisons. There were currently no programmes for caring for children over the age of four with mothers in prisons, but the State party was working to develop one.
Guatemala had many institutional weaknesses, but significant efforts had been made to address these. The Government was working to address internal corruption. All international conventions ratified by the State were directly enforced. In 1999, the State party implemented five constitutional reforms addressing discrimination and inequality. There were discussions underway on reforms to constitutional provisions on the justice system. Some public officials were guilty of promoting discriminatory narratives related to ethnicity. There was a commission in place to combat discrimination and racism, and another working to promote peace and human rights.
Questions by Committee Experts
One Committee Expert asked whether the inclusion strategy for children with disabilities covered the development of accessible services in the health and education sectors. Could the delegation provide information on the budget provided for the healthcare programme for children with disabilities? What measures were in place to guarantee universal registration of persons with disabilities, improve access to basic health care and increase vaccination coverage? How was the State party combatting high levels of malnutrition through implementation of the national nutrition plan? Had the bill that required nutritional information to be added to labels on food products been passed?
What measures were in place to adopt a comprehensive policy on sexual and reproductive health and the prevention of sexually transmitted diseases? Was the State party working to decriminalise abortion, supporting access to post-abortion treatment, and promoting access to contraception in remote areas? What measures were in place to combat the use of drugs by children and adolescents? What public policies and programmes had been developed to detect and prevent the spread of HIV/AIDS, particularly through mother-child transmission?
What measures had the State party taken to combat poverty among marginalised children? The national policy on water and sanitation had not been implemented properly or consistently. What strategies were in place to increase access to clean water and sanitation services in rural areas? Had efforts been made to remove barriers to children accessing social services? What measures were in place to ensure access to social housing and dignified living conditions for all segments of the population?
Another Committee Expert said climate change was a serious concern in Guatemala, which ranked second in the world in the Global Climate Risk Index in 2010. Climate change posed a particular burden on the lives of children. What policies and programmes were in place to counter the effects of climate change on children? What resources had been allocated to the action plan on climate change, and had children been consulted in its development? Did the State party plan to ratify the Escazú Agreement?
A Committee Expert said that the budget for education had increased in recent years. What was its current share of the overall budget? How was the Government addressing inequalities in access to education between low and high households in remote areas? Were there plans to promote inclusive education? Was there a programme on improving the accessibility of schools for children with disabilities? What training did teachers receive on accommodating children with disabilities? Was there a programme addressing children whose parents were incarcerated? How did the State promote links between such children and their parents?
FAITH MARSHALL-HARRIS, Committee Expert and Coordinator of the Country Taskforce for Guatemala, said migrant children were often housed in unsafe and unsanitary conditions in Guatemala. Were there plans to improve housing facilities for migrants? What measures were in place to ensure alternative care arrangements for unaccompanied minors? Many small children trekked across the country, seeking to migrate north. What happened when such children were sent back to their home countries? How was the State party supporting the plight of migrant children?
There were reports that indigenous and Afro-descendent children were discriminated against. How was the State party addressing this? What reparations had been provided to Mayan descendants for historical rights violations?
Was there a roadmap for the elimination of child labour? Guatemala had ratified the International Labour Organization Convention on the Worst Forms of Child Labour but there were over 30,000 children reportedly working in hazardous conditions. What measures were in place to detect and prevent child labour? Homeless children were often arrested and institutionalised. What measures were in place to provide alternative care and rehabilitation for homeless children? Was there independent monitoring of institutions housing children? How did the State ensure that detention of children was for the shortest possible time and only used as a last resort?
Children as young as five years old were reportedly being recruited by armed groups, sometimes on their way to school. and being used for drug trafficking or sexual exploitation. What measures were in place to address this situation and protect children from gangs? There were reports that children trained by the armed forces were being recruited by gangs. Were these accurate?
Another Committee Expert said that in the 2017 youth facility incident, girls had been victimised and were still seeking justice. Why had the justice system taken so long to provide truth, justice and reparation for those girls? It was shocking that the victims had been accused by the Government of being responsible for the fire.
Was the State party developing legislation on immunisation of children? The trafficking law was security focused and did not consider the best interests of the child. The Expert called on the State party to revise this law to prevent the separation of mothers from their children.
One Committee Expert asked how health care staff were trained to support indigenous peoples. One child out of two was affected by malnutrition. What were the State's policies promoting access to nutrition? Why did around one-third of births occur outside of hospitals? Rivers were reportedly severely polluted. How was the State party working to clean up the rivers? Over 1.5 million children were not registered with the State. How was the State party promoting birth registration and informing the population of the importance of birth certificates?
Responses by the Delegation
The delegation said the Congress was examining a law seeking to promote immunisation and prevent the spread of diseases. It would ensure that the most vulnerable groups, including children, had access to vaccines. The law on healthy food and nutrition would help to reduce morbidity and pre-natal mortality. It was likely that this law would soon be approved in Congress. The State party had recently adopted a law on certification of persons with disabilities. Under this law, all persons with disabilities would be provided with a certificate allowing them to access State supported services. There were measures in place to increase the amount of Government information produced in Braille. A law was also recently approved that allowed radio and television stations to broadcast early warning messages regarding missing children. There were bills before Congress on the prevention of sexual harassment within the penitentiary system, the prevention of online sexual violence, and justice for survivors of sexual violence.
A case had been brought before the Criminal Court regarding the 2017 youth centre incident five years ago. It was currently in the oral hearings stage. There had been over 800 pieces of evidence presented and various other processes which were taking time to assess. Protection measures had been granted for the victims and they had also been given lifelong pensions. The State party was committed to thoroughly investigating the incident, to punishing perpetrators and to providing guarantees of non-repetition to victims.
Guatemala was committed to providing access to justice for vulnerable persons. It was making court premises accessible to persons with disabilities, including by providing technology for remote testimonials. Sign-language interpreters were provided for persons who required it. The School of Judicial Studies was providing training to members of the judiciary on accommodating children with disabilities. The judiciary applied a cross-cutting policy of non-discrimination. Over 2,000 staff members had been trained in human rights related topics and around 200 staff members had received training in sign language.
Guatemala protected the fundamental rights of migrant children and there were training programmes given to judicial staff on migrant children's rights. The judiciary coordinated with international agencies dealing with migrants. Protection was provided to unaccompanied minors.
There had been 132 cases involving exploitation of minors that had been resolved, with various crimes identified. There were 28 courts provided for children and adolescents, including a court operating 24 hours a day to respond to adolescents who came into conflict with the law. The digital case filing system was an important step forward in protecting the rights of adolescents.
To address the issues faced by persons with disabilities in the education system, the State party was implementing various measures. Specialised teachers were visiting schools to discuss disability rights. Specialised schools had been setup in various regions. The Government was also working to raise awareness of the right of persons with disabilities to education through campaigns and training targeting teachers and students.
Age and culturally appropriate sexual and reproductive health education was provided in schools. This education aimed to reduce early pregnancies and reduce sexually transmitted diseases. The Government aimed to provide teachers with training in providing the education. The State party had also developed a campaign on preventing sexual violence and unwanted pregnancies amongst adolescents.
The current budget for education was 22 billion quetzales. The budget had increased in line with the increase in gross domestic product. Ninety per cent of the budget was devoted to staff wages, while the remaining 10 per cent was allocated for investment in training, materials and facilities. The Government intended to set aside a greater percentage of the gross domestic product for education spending next year.
The Government was promoting bilingual and multicultural education. It was developing educational materials that reflected the cultural and linguistic realities of the country. Further, it was working to increase students' digital literacy, planning initiatives to provide schools with various digital equipment, including tablets and computers for students, and developing digital learning platforms, a digital education policy and guidebooks on digital education. The State party had also developed a national human rights education curriculum and textbooks on citizenship training.
Progress had also been made on early childhood education. A curriculum on early childhood education had been developed. The State party was committed to expanding coverage of early childhood education; there were now 1,500 early childhood learning centres, covering children aged up to four years. It also aimed to improve the quality of this education.
The State party was developing a comprehensive and inclusive health model and expanding health services to reach all citizens nationwide. It adopted a Disability Act this year, which aimed to meet the health needs of persons with disabilities. Under this law, changes were being implemented in 11 hospitals to better accommodate persons with disabilities. The law promoted early detection of disability and integration of children with disabilities in families, schools and communities. Guatemala was implementing a disability certification system, which allowed for the collection of data on disabilities to inform disability policies. The Ministry of Health was also conducting outreach activities regarding health in rural areas through mobile units.
There was a national roadmap on providing free vaccination through fixed and mobile health clinics. In 2023, five million vaccines were administered for children aged three to four. Over one million girls had received human papillomavirus vaccines in 2023. This year, boys were also receiving the vaccine.
The State party had developed a strategy to reduce poverty and malnutrition, which included a programme promoting breastfeeding. Medical practitioners were trained to promote breastfeeding. The State party had identified 114 priority municipalities where it was carrying out interventions to reduce poverty and support nutrition, education, employment and housing of families. The Healthy Food and Nutrition Bill, which was currently before Congress, addressed clear labelling of food and prevention of childhood malnutrition and obesity.
Around 54,000 young people had visited safe spaces that provided information on sexual and reproductive health in 2023, and training had been provided to State officials on sexual and reproductive health. The State party had developed a national plan to prevent adolescent pregnancy up to 2032 and had implemented measures that had helped to reduce the rate of teenage pregnancy to 17 per cent in 2024. An inter-institutional plan had also been developed to address the effects of climate change, which included measures to improve air quality.
Questions by Committee Experts
FAITH MARSHALL-HARRIS, Committee Expert and Coordinator of the Country Taskforce for Guatemala, asked whether the State party involved non-governmental organizations working with children in drafting policies for children and monitoring the implementation of those policies. The mandate of the Ombudsman appeared to be limited and there was seemingly a climate of fear regarding its operations. Would the State party provide it with more protection? Were there campaigns raising awareness of the Convention in Guatemala? How was the State party ensuring participation of children in matters affecting them? Were there measures to ensure that the business sector complied with international human rights standards, particularly regarding the environment? Were consultations conducted with indigenous children regarding the activities of businesses?
Another Committee Expert asked about plans to promote access to basic services in rural areas. What policies and programmes were in place to promote inclusion of children with disabilities in the education system?
One Committee Expert asked whether free legal aid was provided to children by specialised lawyers. What forms of conflict resolutions were available to children? How were filmed video hearings used in court proceedings? Was corporal punishment prohibited in schools? How did the State party ensure that corporal punishment was not practiced in schools? Were youth shelters publicly or privately managed? Were the children they housed able to leave the shelters? Was there a national preventive mechanism that monitored detention centres for children? Was compulsory education free and what were the attendance rates in schools?
A Committee Expert commended the achievements made by the new Government in its first 100 days. The State party needed to fight issues such as organised crime and climate change. The Inter-American Court of Human Rights had found the Government in breach in a case involving land ownership by indigenous peoples. How would the Government enforce the Court's decisions in this case? Some indigenous children had been persecuted for protesting mining activities. What measures would the State party take to address indigenous issues? What support was the State party receiving from the international community to prevent foreign companies from infringing the rights of children in Guatemala? How would the State party counter the actions of gangs and protect victims; make justice accessible for indigenous peoples; and address evictions of indigenous peoples from their traditional homes?
Another Committee Expert asked why 40 per cent of births took place outside of hospitals. Had a survey been carried out on the number of children with disabilities? Was the public made aware that vaccinations were free? What was the vaccination rate in the country?
One Committee Expert asked why Guatemala's clear normative structure was not having a sufficient impact on the daily lives of children. Did the Government plan to develop policies specifically addressing corruption and child poverty?
A Committee Expert said one public policy stipulated that the content of sexual education needed to be consulted with parents. Constant control by parents over such education was not appropriate. Did the State party plan to revise this policy? What post-abortion services did the State party provide?
ANN MARIE SKELTON, Committee Chair, asked whether the State party had considered the implications of raising the age of consensual sex.
Responses by the Delegation
The delegation said the Secretary for Social Wellbeing provided around 500 children with disabilities with education and training to promote their integration in communities. It also aided returned migrant children, providing them with food and shelter and helping to return them to their families. It had assisted 4,000 such children this year.
The former Guatemala City youth shelter had been broken up into 14 smaller institutions that were monitored by the Human Rights Office. The young people in these shelters were not deprived of liberty.
The Prosecutor General's Office temporarily represented children and adolescents who did not have legal protection, including migrants and foreign nationals. Guatemala had a national protocol for reception and care for migrant children drafted by various State agencies. The protocol sought to provide family reunification without bringing children before administrative bodies. There was also a protocol for care of unaccompanied minors and an assessment guide for the best interests of the child. The Office received complaints from detained children who felt that their rights had been violated. Procedures were in place for visits to family members deprived of liberty by children.
Children became involved in gangs due to various factors. The State party did not have any records of children aged five or lower being recruited by gangs. Children were typically recruited by gangs at around age 10. The State party had set up violence prevention spaces in communities and was working to promote collaboration between agencies to address the issue.
Focus was being placed on children aged under four whose parents were in the penitentiary system. Special facilities had been developed for housing these children, whose health, educational and nutritional needs were addressed by a dedicated State programme. Immunisation services and emergency health care services were provided to these children. In coming weeks, teachers would be allocated to provide education for the children. Training had been provided to prison officials on care of migrant children. The State had provided support to over 1,400 migrant children to return to their communities and receive psychosocial support.
There were many victims of internal armed conflict who had not received redress. The previous Government had closed national institutions that dealt with the peace process. The current Government was now drafting new truth, justice and reparation measures and had developed a strategy for obtaining finances for those measures. It needed to comply with the rulings of the Inter-American Court of Human Rights. The State party was developing strategies to recognise land ownership of indigenous peoples and rural farmers. A body working to defend human rights had been setup, and a strategy on protecting human rights defenders was being devised.
The State party had declared a moratorium on the granting of further mining licences to mitigate the effects of human activity on the environment. Guatemala did not have a national strategy on business and human rights, but it was working with the local Office of the United Nations High Commissioner for Human Rights on the issue. The previous Government had dismantled all dialogue mechanisms with civil society. The current Government had worked to reduce the power of anti-democratic activists in the judiciary. It had created a working bureau on protecting the rights of victims. Corruption had been deeply rooted in the country since 2015, hampering policy enforcement. A national conference on corruption had recently been held. Fighting corruption was a priority for the Government.
Concluding Statements
FAITH MARSHALL-HARRIS, Committee Expert and Coordinator of the Country Taskforce for Guatemala, said that reports indicated that the plight of children in Guatemala was deeply concerning, but she had been heartened by the green shoots of reform that had been presented in the dialogue. The delegation had demonstrated that it was ready and willing to implement change, and protect the rights of children, indigenous peoples and other vulnerable groups. She called on the State party to ratify the Optional Protocol on the individual communications procedure. In closing, Ms. Marshall-Harris wished the State party well in its endeavours to promote the rights of children.
HÉCTOR OSWALDO SAMAYOA SOSA, Executive Director of the Presidential Commission for Peace and Human Rights and head of the delegation, said the dialogue had helped the State party to identify areas in which further work was needed. Guatemala was committed to working with the Committee, the Treaty Bodies system and international human rights courts to address these. Policies and programmes needed to be made sustainable so that they could be effective. Implementing human rights was a continuous task. The State party would work to provide comprehensive sexual and reproductive health education, address budgetary concerns and issues with internal procedures, and consider ratifying the Optional Protocol on the individual communications procedure. It would continue to engage in dialogue with the Committee in its efforts to implement the Convention.
ANN MARIE SKELTON, Committee Chair, said that it had been an interesting and expressive dialogue, and the State party had been open about the challenges it faced. The Committee hoped that the State party would use the concluding observations as a roadmap for implementing change. This year was the tenth anniversary of the Optional Protocol on the individual communications procedure coming into force, so it was an opportune moment to ratify. The Committee was currently working on a general comment on children's access to justice and was encouraged by the State party's determination to enhance this. Ms. Skelton closed by expressing best wishes to the children of Guatemala.
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