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CLADEM GUATEMALA

EXECUTIVE SUMMARY OF THE ALTERNATIVE  REPORT ON THE OBSERVANCE OF THE COMMITMENTS BY THE STATE OF GUATEMALA OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

CLADEM which is the acronym for The “Comite de America Latina y el Caribe para la Defensa de los Derechos de la Mujer” (Committee of Latin America and the Caribbean for the Defense of Women’s Rights), has elaborated the present report, with the purpose of evidencing, from Guatemalan women’s  point of view,   the observance by the Estate of the commitments acquired with the signing, approval and ratification of the  CEDAW, as well as the manner that the demands of women have or not been given a response, based on the CEDAW.

The State of Guatemala was last evaluated by the Committee of Experts on the carrying out and application of the CEDAW for the period of 1991 to 2002.

The content of the Alternative Report is presented synthesized as it follows.  

• Femicides have not stopped nor has the Department of Justice and other government agencies in involved in the justice system taken the necessary measures to investigate these crimes and impose punishments to the responsible criminals. As a general rule, these crimes stay unpunished. There is a sub registration of femicides[1], and the statistics and the consequences are alarming.  Evidence of this can also be observed in the information included in the document “Asesinatos de Mujeres, Expresión del Feminicidio en Guatemala” (Murders of Women, Expression of Femicide in Guatemala) of  CALDH[2]. The violent deaths of women have similarity to  violence patterns  used  in contra insurgence  operations during the armed conflict [3]. (Articles 1 and 2 CEDAW)

• The State of Guatemala is accused of institutional violence; due to its incompetence to  give an early and adequate treatment to violent acts addressed to women; that have had consequences such as impunity and in some cases the violent death of women: femicides. (Articles 1 and 2 CEDAW)

• Although it is established by law the creation of a “Coordinadora Nacional para la Prevención de la Violencia Intrafamiliar y en contra de las Mujeres – CONAPREVI- (National Coordinator for the Prevention of Domestic Violence and Violence Against Women -CONAPREVI-) and there is a National Plan for the prevention on this matter, that came into effect on 2004 and will expire on 2014, the application of the Plan has been limited, due to the lack of political support to assign the necessary budget to operate. Parallel to the –CONAPREVI- a similar entity was created CONAPREPI[4], that was assigned a grater budget, and  that at some point, duplicates the activities of  –CONAPREVI-[5], this is considered an act in detriment of  women.  (Article 2 CEDAW)

• The hard work of lobbying carried out by some organizations of the women’s movement to typify as crimes actions of Domestic Violence and Sexual Harassment, have not passed nor have these conducts been included in the Criminal Code. (Article 2 CEDAW)

• The Female Human Rights  Attorney, that was in charge at the moment, presented an action of unconstitutionality against provision 200 of the Criminal Code [6] on the year 2005, due to the fact that the demands of women’s  organizations on this issue, had not yet been resolved nor answered by the government. This provision was suspended provisionally, previous the final ruling by the Constitutionality Court, declaring its unconstitutionality and in consequence repealing such provision from the Criminal Code. (Article 2 CEDAW)

• Guatemala’s statute law (Criminal Code, Criminal Proceedings Code, Labor Code, Civil Code, among others) still include discriminatory dispositions against women, and have not been reformed and/or repealed (the initiatives to amend the legislation originated from  women’s organizations); instead most of the bills have been filed, due to the fact that the government neglects the necessity to promote gender equality.  (Article 3 CEDAW)  

• The Women’s Parliament[7] (that gathered different women’s organizations) that was latter renamed as Women’s Assembly presented to the President of Congress on November 11^th of 2004 the Agenda for Women, with proposal and bills to reform and repeal statute law in favor of women’s rights. The Agenda of Women so far has not been discussed by Congress, nor have the members of the Assembly been convoked to continue participating in the process initiated. (Article 2 CEDAW)

• It was informed by the member of –CONAPREVI that on the year 2005 a sub execution of the budget assigned to the “Secretaria Presidencial de la Mujer –SEPREM-” (Presidential Secretariat of Women -SEPREM-) took place, that resulted in the transfer of funds to the “Secretaria de Coordinación Ejecutiva de la Presidencia -SCEP-” (Presidential Secretariat of Executive Coordination -SCEP-). The funds assigned were used to carry out the pilot plan of training and strengthening the capacities of leaders (women and men), for their participation in the “Consejos  de Desarrollo Urbano y Rural” (Urban and Rural Development Councils), on the program “Manos a la Obra”. This action is considered in detriment of women  and at the same time against the main objectives assigned by law to the SEPREM.  The funs could have been assigned to strengthen CONAPREVI or other government agencies that work for women. From this incident it can be inferred that SEPREM has not demonstrated to have the capacity to execute the budget assigned, which has weakened its roll of the entity in charge of the promotion of public policies in favor of women. (Articles 2 and  4.1 CEDAW)

• For some time now, some women’s  organizations have demanded the creation of an Institute for Women, with an autonomous character; there are some bills in Congress for its creation, that have not had enough support by the legislators, and that has resulted in the filling of the bills.  (Articles 2 and  3 CEDAW)

• The administration of justice in Guatemala regarding criminal procedures benefit, in a privileged manner, individuals  syndicated in the commission of crimes directed to women.  Individuals charged with crimes have the benefit of being represented by a public defense, free of cost. On the other hand victims, to be involved in the investigation and be part of the procedure, have to contract the services of a private attorney. There is a bill that verses on the creation of a Public Institute for the Attention of Victims of Criminal Acts, that was given a negative opinion on the year 2005 by the responsible commissions of Congress of the Republic. (Articles 2 and  3 CEDAW)

• Never the less, 2 million Quetzales from the national budget for the year 2006 assigned to the SEPREM were taken and granted to the “Fundación Red de Sobrevivientes de Violencia” (Foundation Network for Survivors of Violence). This organization provides integral attention to victims of violence. (Article 4.1 CEDAW)

• Even though the Constitutional Court ruled in favor of provision 24 numeral 2 of the Criminal Procedure Code (that now makes the crime of unpaid alimony fees, a crime prosecuted by the state without the need of being promoted by the affected party, for the impact that it has on the community); the interpretation and application given to this disposition by judges and district attorneys continuous to be patriarchal and discriminatory for women. Favoring the application of pre trail settlements, that in many cases do not favor women nor their children. Justifying  under general principles of opportunity and economy in the proceedings,  the interpretation of law, forgetting the legally protected interest that in these crimes are vulnerable parties.  (Articles 2 and 5 CEDAW)

•  The crime of “Publications and Obscene Spectacles” was declared unconstitutional by the Court of Constitutionality[8], which leaves a legal loophole and attempts against girl’s and  women’s rights. (Articles 2 and 3 CEDAW)

• At the time being, prostitution is a licit activity in Guatemala (not acknowledging that this is also a form of slavery for women). The only requirement needed for its exercise is to have periodical examinations and a health card. This only demonstrates that the well being of men soliciting these services is being safeguarded. It is very frequent that prostitutes are victims of abuse, violence and intimidation, even by the public authorities [9] . (Article 6 CEDAW)

• In the issue regarding the inclusion of quotas in the Election Law and Political Parties, no real advancements can be cited, even though some organizations of women have for 15 years been lobbing such bills.  (Article 7 CEDAW)

• Previous to the 2003 presidential elections, various women’s organizations approached  all the candidates and negotiated with them to sign and commit to carry, if elected, the  “Compromiso Politico para el Cumplimiento de la Agenda Política: Mujeres en Diversidad” (Political Commitment to carry out the Political Agenda: Women in Diversity). This agreement was signed by Dr. Eduardo Stain, in representation of the political party that is now in office. At  the present time the coalition of women’s  organizations involved in this activity are in the process of monitoring and evaluating the Political Agenda. (Article 7 CEDAW)

• During the selection of the Secretary of -SEPREM-,  some women’s  organizations involved decided to leave the process. The “Convergencia Civico Política de Mujeres and Convergencia Ciudadana de Mujeres” published in a feminist news paper, the violation of article 7 of the CEDAW, since they felt discriminated and limited in the exercise of their rights, and wanted the State of Guatemala to acknowledge this fact[10]. 

• The “La Política Nacional de Promoción y Desarrollo de las Mujeres Guatemaltecas y Plan de Equidad de Oportunidades 2001-2006” (National Policies of Promotion and Development for Women and  Equity Plan of Opportunities 2001-2006) expires this year. The Presidential Secretary of Women informed that this instrument is being evaluated by a consultant firm of Costa Rica and from El Salvador. On this issue, various women’s  organizations have manifested their discontent with the process. (Article 7 CEDAW)

• Members from “El Foro de la Mujer”[11] manifested  that they felt discriminated  and excluded due to the methodology used in the evaluation of “La Política Nacional de Promoción y Desarrollo de las Mujeres Guatemaltecas y Plan de Equidad de Oportunidades 2001-2006” (National Policies of Promotion and Development for Women and  Equity Plan of Opportunities 2001-2006). (Article 7 CEDAW)

• There has not been any significant improvement in the field of employment. The bills that were in Congress addressed to reform and/or  repealed discriminatory dispositions are still in effect in the Labor Code, since the amendments  have not been approved. The work of women in the field of agriculture is still considered of collaboration (in the same manner is considered the work of children) of men that are consider farmers and agriculture workers. The work done by house keepers  is not subjected to a specific schedule nor are these workers covered by social security benefits. This is a clear manifestation of discrimination. (Article 11 CEDAW)

• Due to these circumstances, the “Centro de Apoyo a Trabajadoras de Casa Particular -CENTRACAP-“  presented an action of unconstitutionality on March 8th of 2006, to the Constitutional Court requesting the nullification of discriminatory dispositions that are still in effect in the Labor Code, regarding the work of house keepers. As it is legislated at the present time, this type of work is not limited by a schedule of working hours, neither is it applicable to these workers the benefit of days off nor holidays. The Constitutional Court provisionally suspended these  discriminatory dispositions presented in the action of unconstitutionality, but the final ruling is still pending to be issued. (Article 11 CEDAW)

• Occupational health and safety  has not been a priority of the State of Guatemala. In the recommendations provided by Hilda Morales M. A. in the research study “Estudio Comparativo en Salud Ocupacional y Seguridad Industrial en Centroamérica “Capítulo Guatemala”[12] (Comparative Study on Occupational Health  and Industrial Safety in Central America “Chapter Guatemala”) it is included the necessity to request the State of Guatemala the assignation of sufficient funds in the budget to the “Consejo Nacional de Salud, Higiene y Seguridad Ocupacional – CONASSO-” (National Council of Health, Hygiene, and Occupational Safety), Ministry of Labor and Ministry of Health to carry out the activities to improve the health and safety of women workers in different industries. (Article 11 CEDAW)

• The Maquila) (manufacturing of garments) industry contracts primarily women, consisting  60 to 79 % of  their labor force. These women earn under the minimum wage, are often mistreated by their bosses and sexually harassed, they do not receive the information regarding labor accidents nor personal care, and only a small number receive the necessary equipment of protection by their employers. (Article 11 CEDAW)

• The “Instancia Coordinadora de la Maquila” (a coalition of  women’s  organizations) have negotiated with the Ministry of Foreign Affairs and taken the necessary steps to reactivate the process for the approval of Convention 155 of the International Labor Organization. It is pending that the Commissions of health, human rights, economy and legislation and constitutional matters of the Congress of the Republic  issue opinion on this Convention and then approve it,  and then pass to the Executive branch for its ratification to come into effect. (Article 11 CEDAW)

• In the “Primer Informe Alternativo Maya de Observación, En Torno a las Recomendaciones del Relator Especial  de la ONU sobre la Situación de los Pueblos Indígenas” (First Alternative Mayan Report of observation, In Regard to the Recommendations of the Special Informer of the UN on the Situation of the Indigenous Population), it was expressed that indigenous women continue to be victims of the crime of  discrimination, as well as the violation of their rights of gender equality. Another limitation that face indigenous women is not being able to be assisted in their own language while accessing public services, that the State is obligated to provide[13]. (Article 14 CEDAW)

•  Organizations of the women’s movement have requested and lobbied with Deputies for the issue of the “Ley de Acceso Universal y Equitativo de Servicios de Planificación Familiar y su integración al Programa de Salud Sexual y Reproductiva” (Law of Universal and Equitable Access to Services of Birth Control and its integration in the Program of Sexual and Reproductive Health),  that law  was approved by Decree 87-2005 of the Congress of the Republic. The President of the Republic of Guatemala with the Council of Ministers veto the law. Women’s organizations involved in this matter requested the  Secretary of the SEPREM on 3 occasions to arrange a meeting with the President of the Republic so the law be published an put into effect, no positive answer came of that request. The  obstacles for the law to be in effect were due to the patriarchal setting that persists and links the State and church in Guatemala. Nonetheless the law was finally published on the April  27^th.    of this year.  (Article 12 CEDAW)

• CLADEM with other women organizations presented before the Court of Constitutionality an action requesting the amendment and repeal of discriminatory dispositions in the Civil Code, regarding: underage marriage for young women and men that differ gender wise; exercise of guardianship, pension for the un guilty spouse;  terms that women have to wait in order to re marry once the previous marriage is dissolved by divorce, among other articles that are discriminatory and attempt women’s rights. The Court did not suspend the dispositions impugned. (Article 15 y 16 CEDAW)