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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Guatemala – 14th Session – 2012 Scroll to: National Report (Read about the first cycle review) 14. The prevention of violence against women has been a priority for the Guatemalan Government, which has, among other measures, strengthened the legislation on the subject. The passing of the Act on Femicide and Other Forms of Violence against Women and then of the Act against Sexual Violence, Exploitation and Trafficking in Persons paved the way for the amendments made to the definitions of several offences in the Criminal Code, such as rape and trafficking in persons, and for the penalization of new offences, such as the employment of children in work that is harmful to their integrity or dignity. The provisions criminalizing certain acts, such as abduction and statutory rape, were repealed, since the acts would be covered by the new definition of the crime of rape. The purpose of the Act is to prevent, suppress, punish and eliminate sexual violence, exploitation and trafficking in persons and to ensure that victims receive care and protection and are compensated for harm. 15. The Act on the Alba-Keneth Warning System, passed into law on 12 August 2010 and amended by Congressional Decree No. 5-2012, is another important tool for protecting children and adolescents. The purpose of the Act is to ensure the prompt location and rescue of missing or abducted children. 31. To improve the living conditions of poor and indigent Guatemalans, the Government introduced a number of social programmes as part of the solidarity-based component of its social development policy. These include the programmes on families (Mi Familia Progresa), food (Bolsa Solidaria, Comedores Solidarios) and education (Becas Solidarias and Escuelas Abiertas). 32. To ensure the continuation of these programmes, they were formally taken over and restructured by the Ministry of Social Development. As a result, the following welfare programmes, among others, were implemented in 2012: Bono Seguro, Bolsa Segura and Comedores Seguros. The Bono Seguro programme is a programme in which participating families receive financial support (principally for acquiring food, clothes and school items) in return for meeting certain health, nutrition and education commitments and attending training sessions as required. The Bolsa Segura programme assists poor and vulnerable families and individuals living in the urban parts of the 17 municipalities in the department of Guatemala. Basic food items are provided under the programme to help mothers avert and cope with the risks and difficulties their families face, to reduce the school dropout rate and to improve nutritional food security. 35. To guarantee access to education, the Directorate for Education Outside the School System has developed a number of initiatives, such as the adult education correspondence course, the family education for development programme, flexible modalities for secondary education, municipal centres for human resources training and skills-building, and educational radio stations. 37. Factors such as domestic violence, disabilities and poverty lead to young children and adolescents being institutionalized and placed in care homes for their protection and to give them an opportunity to study. The Social Welfare Secretariat of the Office of the President runs four children’s homes, which look after on average 950 young children and adolescents who, for various reasons, have been made wards of the State. To promote family reunification in such cases, a deinstitutionalization plan has been drawn up, and psychological and financial support is provided to families under the Programme for the Prevention and Elimination of Domestic Violence and the family allowances scheme. 38. The Social Welfare Secretariat also runs the following programmes to prevent and eliminate corporal punishment in the home and in the community at large: the Comprehensive Care Centres Programme, the Disabilities Programme and the Programme for the Prevention and Elimination of Domestic Violence. 39. When adolescents come into conflict with the law, face-to-face meetings are held with the adolescent, the family and the technical team to raise their awareness of the consequences of corporal punishment. The issue is raised in the same way by social workers when they make home visits to adolescents who are on probation. 40. The Social Welfare Secretariat of the Office of the First Lady introduced the Community Homes Programme, whose objective is to facilitate the integral development of the children under the age of 5 of poor or extremely poor working women or women who have few resources. The community homes, which operate in deprived urban and rural areas across the country, provide day care, food, education, preventive health care and recreational activities and teach the children about good behaviour and moral values while their mothers are at work. There are two types of homes: simple homes and Child Care and Development Centres. In both types, the children are placed in the care of a “carer-mother”. 48. The General Directorate for Quality Management in Education of the Ministry of Education is implementing a programme called “Education for peace and a full life”. The programme has a number of components, including: environmental education and education for peace (2011); sustainable development, education for peace and Oxlajuj b’aqtun, which uses educational processes to promote reflection among agents of change (students, teachers, education authorities and parents) and encourages intercultural crossover to spread ownership and knowledge of the Mayan world view and Mayan culture; and an awareness-raising component aimed at sensitizing the research community and promoting research into the implementation of the peace agreements. The Directorate also organizes activities for the days in the 2012 civic calendar designated as special days for promoting human rights and the peace agreements. 51. The Attorney-General’s Office also organized campaigns to prevent trafficking in persons, child abuse and irregular adoptions, and the National Commission on Children and Adolescents organized a national workshop on the rights of children and adolescents. 58. The challenges that the Government currently faces in the promotion and protection of human rights include: Formal legislative recognition, as a priority, of the competence of the Committee on the Elimination of Racial Discrimination, in accordance with article 14 of the Convention The hiring of interpreters by the Public Prosecution Service so as to be able to assist victims who speak indigenous languages Improved professional, university-level training for mid-level officers of the National Civil Police, and continued police reform The modernization of the prison system and the use of new technologies Improved mechanisms for protecting migrant children and adolescents, especially those not accompanied by adults The implementation of the early childhood development policy established by Government Order No. 405-2011, which aims to guarantee the adequate development of all children up to the age of 5 years The decentralization of the services for children and adolescents and their families through the establishment of branch offices in the different departments of the country (departmental branch offices have already been set up in Quetzaltenango, Alta Verapaz and Chimaltenango) The hiring of the management team and the leasing of permanent offices for the Security, Justice and Peace Pact, as well as the design and implementation of the monitoring, follow-up and evaluation system, the establishment of benchmarks and the design of a national system for citizens’ participation in security matters The organization of a national survey on perception and victimization The implementation of a coordinated inter-agency strategy for preventing violence against women in all circumstances The establishment and implementation of a mechanism for consulting indigenous peoples in accordance with the relevant national and international legal instruments The effective implementation of the three main national pacts 79. In addition, social programmes have been formalized and programmes promoting literacy and access to education have been implemented. As mentioned above, steps have also been taken to strengthen the public health network. 80. Reducing illiteracy in Guatemala, especially among indigenous women in rural areas, has proven to be a challenge for the Government. The gap between men and women has gradually narrowed, however, with increasing numbers of rural women participating in literacy programmes. The data of the National Literacy Committee show that 926,364 women, compared with 372,553 men, were enrolled in literacy courses in 2007–2011.18 Most of the female participants were Mayan: in 2011, for example, of the 194,874 women in the programme, 108,780 were Mayan. The Committee works in partnership with civil society organizations to implement the literacy programmes. 81. The Government considers declaring “illiteracy-free municipalities” to be good practice, since such a declaration acknowledges the work done at community level to promote literacy and the important contribution that literacy makes to the overall development of individuals who have not been through the school system. The official declaration is made after a statistical study has been performed to verify the literacy rate in the municipality. The study is also used to identify any illiterate person who was not enrolled in the literacy programme, to help them or to establish why they did not enrol (e.g. because of age or health problems). In the 13 municipalities declared illiteracy-free, the illiteracy rate is below 4 per cent. 82. Continuing the efforts to reduce illiteracy and build a country that offers its inhabitants better opportunities for development is a challenge for the Government. 83. To complement the bilingual education programme, workbooks, reading schemes and children’s literature were published in 13 Mayan languages and supplied to bilingual schools. In addition, technical and pedagogical support was given to teachers in bilingual nursery and primary schools to improve the quality of their education programmes. 84. With a view to helping safeguard the welfare of children and adolescents in the education system, a protocol was drawn up in 2011 for the identification, handling and referral of cases of violence in the national education system. The protocol establishes procedures for identifying cases of violence, discrimination or racism in accordance with the rules for peaceful coexistence and discipline. In 2012, a manual is being prepared on procedures for identifying, handling and referring such cases and a system is being set up to register and monitor them. 85. With regard to the best interests of the child and the provision of comprehensive protection to children and adolescents, it is important to note that when the 2007 Adoptions Act and its regulations were passed into law by Government Order No. 182-2010, adoption procedures in the case of many children had already been started before the Act came into force. These cases therefore ended up effectively caught between two sets of adoption laws. An inter-agency technical committee, coordinated by the International Commission against Impunity, was set up to complete the processing of these cases and avoid negative consequences for the children involved. A definitive list of the cases was drawn up to ensure they were given priority, and exceptional international adoption procedures were established specifically for them. On the whole, adoption procedures have improved in Guatemala. The laws and statutes on the matter are enforced, the number of illegal or irregular adoptions has fallen, and measures, such as the campaign to create a DNA database for parents who claim that their children have been stolen, have been taken to ensure that adoptions carried out under the new Act do not involve children who have been snatched from their parents. 86. To monitor the adoption process and ensure that adopted children end up living in an environment that is suitable for raising children, post-adoption follow-up visits are arranged and adoptive parents are given training in child-rearing. As at 30 June 2012, 360 post- adoption follow-up visits had been made and 94 workshops providing information and training had been held. 87. One important advance in the legislation to protect children is the definition of irregular adoptions19 and the abuse of minors20 as criminal offences in the Criminal Code. 88. The National Adoption Council supervises temporary care homes to ensure compliance with the United Nations Guidelines for the Alternative Care of Children and to ensure that children placed in such homes are not subjected to ill-treatment or corporal punishment. Children’s homes have to be authorized by the National Adoption Council, and they are supervised by the Council as well. As at 30 June 2012, 317 visits had been made to temporary homes for supervision purposes. 89. To prevent children from being given up for adoption in an irregular manner, the Council introduced a “Mothers Conflicted by Motherhood” programme, which aims to give assistance and advice to mothers before they decide to give up their children for adoption and to determine whether they need to do so. Compilation of UN information 16. CRC reiterated its concern at the alarming level of discrimination suffered by Maya, Garifuna and Xinca children, and at discriminatory attitudes particularly affecting adolescents, girls, as well as children with disabilities, girls, living in rural areas, and from marginalized families. According to UNCT, UNICEF also noted this situation. CRC recommended addressing such discrimination, ensuring the sustainability and cultural suitability of programmes. 21. In 2009, the Special Rapporteurs on extrajudicial executions, on the independence of judges and lawyers and the Special Representative of the Secretary-General on human rights defenders, noted the extremely high levels of violence in the country, including the increase in violent deaths. The Special Rapporteur on extrajudicial executions was particularly concerned with continued attacks on human rights defenders, increased killings of women, and the emergence of new targets (public transit operators) of unlawful killings. CRC was also concerned at the extremely high number of killings of children. 31. CRC was concerned at the large number of children in street situations and at the climate of violence linked to “maras” (juvenile gangs). It recommended developing a comprehensive policy to address the social factors and root causes of juvenile violence and to invest in prevention activities. CRC also recommended implementing all the recommendations made by the International Commission against Impunity in Guatemala (CICIG) regarding the impact of organized crime on children. 32. CEDAW urged Guatemala to strengthen its efforts to eradicate child labour and support education. 33. CRC was concerned about information that criminal networks active in the sale of children for international adoptions had not been dismantled. It recommended ensuring strict transparency and follow-up controls, prosecuting those involved in illegal adoptions; and implementing all the CICIG recommendations related to irregular adoptions. 34. CRC recommended legislative reforms to specifically prohibit corporal punishment of children in all settings. 47. CRC remained concerned at the high rate of birth underregistration, especially in rural areas, and encouraged the adoption of flexible measures of birth registration, including mobile units. It further recommended implementing a specific birth-registration strategy for indigenous peoples. 59. UNCT, citing the World Food Programme, said that, even though Guatemala had a legal and institutional framework to guarantee food security and institutional stability, it faced challenges in guaranteeing an adequate supply of food. According to the World Food Programme, UNICEF and the Pan American Health Organization, food and nutrition insecurity among children had reached alarming levels. 60. In 2010, the Special Rapporteur on the right to food was impressed at the Government’s commitment and efforts to improve food security. He considered, however, that too little was done to remove the structural obstacles to the full realization of the right to food and to put an end to the very high levels of child malnutrition. 70. The High Commissioner and the UNCT noted that women still faced difficulties in gaining access to comprehensive sexual and reproductive health services. The High Commissioner was concerned at the large number of pregnancies among girls between 10 and 14 years old, mainly resulting from sexual domestic violence and a lack of access to sex education. The Special Rapporteur on the right to health recommended, inter alia, building the capacity of traditional midwives along with health-care professionals, and improving information and counselling on contraception within the public health care system. CEDAW and CERD made similar recommendations. CRC also recommended ensuring the entry into force of the Act on Universal and Equitable Access to Family Planning Services and its integration in the national reproductive health programme. 71. According to the High Commissioner, the goal of reducing maternal mortality is still far from being reached. The mortality rate among indigenous women is three times higher than among non-indigenous women. According to UNCT, 85 per cent of cases are preventable, given the knowledge and technology available to Guatemala. 75. In 2009, the Special Rapporteur on the right to education noted with concern the fall in investment in education and the trend towards privatization of education, which made it impossible to guarantee a diverse basic education for all. He recommended establishing a legal mechanism to ensure increased investment in education and securing national political consensus on an adequate, non-regressive budget. CEDAW and CERD expressed similar concerns. CRC was also concerned at the very low rate of school retention. 76. The Special Rapporteur on the right to education expressed concern that teaching in indigenous languages was restricted to the first three years of primary education in a very limited number of schools. He recommended increasing the intercultural bilingual education budget in proportion to the population served. CRC, CEDAW, and CERD made similar recommendations. CERD also recommended that Guatemala duly implement educational reform, bearing in mind the provisions of the peace accord on identity of indigenous peoples. 77. CRC was concerned at the limited access to education, health, cultural life and services for children with disabilities and recommended giving them the necessary support to enable them to exercise their rights as active members of their communities. 84. UNCT referred to UNICEF’s concern about the vulnerability of migrant children. CMW recommended policies to address the difficulties faced by unaccompanied migrant children. Similar recommendations were made by CRC. UNHCR recommended the development of mechanisms to identify and provide international protection to migrant children. Summary of stakeholders' information 3. With regard to the UPR recommendations concerning the implementation of the Law against Femicide, the Advocate stated that, notwithstanding the enhanced legal protection, the phenomenon continued unabated between 2007 and 2011. The Advocate was informed of 3,272 cases of violent deaths of women; 618 of the cases had led to convictions. Lesbian, gay, bisexual, and transgender (LGBT) persons had also been victims of violence. There had been many victims of domestic violence, mostly children; and the number of trafficking victims had increased by 44 per cent in the previous two years. 8. According to the Advocate’s figures, there were no improvements either in health indicators or health services. In 2010, about 50 per cent of children under 5 years of age continued to show signs of malnutrition. Notwithstanding the measures taken, the food situation in Guatemala was extremely serious. 19. Joint Submission 17 (JS17) noted a lack of effective coordination among State institutions working on children’s rights. JS10 urged Guatemala to adopt the 12 strategies developed by the international peacebuilding alliance Inter-peace, to combat youth-related violence. 20. The Asociación para la Eliminación de la Explotación Sexual en Guatemala (Association for the Elimination of Sexual Exploitation in Guatemala) drew attention to the failure to comply with the provision of the National Action Plan for Children and Adolescents 2004–2015 concerning an evaluation of the results of the plan of action against sexual exploitation with a view to adjusting the strategic activities to be implemented. 32. JS10 stated that violence towards children was still widespread despite the UPR recommendations, and stressed the lack of awareness of children’s rights. According to JS17, there was under-registration of cases regarding abuse and violence against children, which was often perpetrated in schools. 33. The Global Initiative to End All Corporal Punishment of Children indicated that corporal punishment is lawful in Guatemala, despite repeated recommendations to prohibit it by the Committee on the Rights of the Child and the Government’s acceptance of the UPR recommendation related thereto. 48. JS6 reported that in 2009, according to the International Commission against Impunity in Guatemala (CICIG), no judicial determination had been made in respect of 88 per cent of reported offences committed against minors under 18 years of age. 57. JS6 indicated that the shortfall in birth registration is as high as 10 per cent and, according to the Human Rights Office of the Archbishopric, there could be as many as 600,000 children whose identity has not been recognized. This problem has been exacerbated by the legal and economic barriers to late registration. 58. According to JS17, the files of at least 60 per cent of children declared eligible for adoption were marred by irregularities and the adoption procedure in place had not provided sufficient protection to the children concerned. 73. JS14 indicated that most domestic workers are indigenous women and that only 7.5 per cent have received any primary schooling. Their working days are long, they are not paid the minimum wage and their working conditions are inadequate. They are subjected to abuse and to physical and psychological violence. 77. JS6 indicated that the index of chronic malnutrition in Guatemala is extremely high. JS10 indicated that, according to the World Food Programme, about 50 per cent of Guatemalan children under 5 suffer from chronic malnutrition, and the rate is 72 per cent amongst indigenous peoples according to UNICEF. 78. JS14 indicated that the “Plan Hambre Cero” (Zero Hunger Plan) focuses on 166 municipalities. There is a risk, however, that the right to food is not guaranteed for the remaining 167 municipalities. Moreover, there is no provision for children over 2 years of age. According to JS3, efforts to alleviate malnutrition have not been accompanied by structural policies to address the causes of poverty and famine. 88. JS14 noted that the child and maternal mortality indices for indigenous peoples are very high: 134 per 100,000 live births. 89. JS17 mentioned that early pregnancy was a major issue of concern. 90. JS8 indicated that unsafe abortions were one of the principal causes of maternal mortality. 95. JS17 stated that the abolition of school fees had led to an increase in school enrolment rates at all levels of education. 96. JS14 noted the persistence of illiteracy. According to Ministry of Education data, only 35 per cent of the adolescent population completed basic education; 20 per cent enrolled for diversified secondary education and 0.27 per cent attended university. 97. JS17 stated that enrolment in primary school was 95.06 per cent. Girls’ enrolment was 4 per cent lower than for boys, and the repetition rate was 12.5 per cent. 98. JS14 indicated that bilingual education was not universal and that children found it difficult to adjust to the monolingual system. 99. JS17 recommended increasing the budget allocation devoted to education to a minimum of 4 per cent of GDP. 108. JS11 commended the establishment of the National Migrant Support Board, but drew attention to a delay in the formulation of an integrated public policy on migrants. The adoption of the proposed new Migration Act had been delayed and it was not fully consistent with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Accepted and Rejected Recommendations - To follow The following recommendations were accepted by Guatemala: A - 99.16. Implement policies and programmes preventing violence against women and children (Switzerland); A - 99.17. Strengthen its efforts to eradicate child labour, improving coordination among the numerous national institutions dealing with the rights of the child (Italy); A - 99.19. Allocate adequate financial resources and ensure effective coordination among State institutions mandated to strengthen the implementation of the rights of the child (Sweden); A - 99.21. Continue promoting the repeal of prevailing discriminatory provisions against women and girls, especially those in the Civil and Criminal Codes (Mexico); A - 99.54. Continue increasing efforts countering the trafficking of persons including issuing an invitation to the Special Rapporteur on trafficking in persons, in particular women and children. (Belarus); A - 99.55. Take additional measures to eliminate criminal networks involved in the sale of children,including for the purposes of illegal adoption. (Belarus); A - 99.56. Enact legislation to explicitly prohibit corporal punishment of children in all settings, including the home and in schools (Liechtenstein); A - 99.57. Introduce legislative reforms to expressly prohibit corporal punishment against children in all settings (Republic of Moldova); A - 99.58. Create an effective abuse detection system in the educational, health and alternative care systems, in order to discourage the use of violence and to provide assistance to victimised children (Liechtenstein); A - 99.67. Continue strengthening measures to ensure free birth registration of all children at birth, as well as to identify all children who have not been registered or have not obtained an identity document (Uruguay); A - 99.68. Implement a specific strategy of birth registration for indigenous communities based on the respect of their culture (Uruguay); A - 99.69. Adopt flexible measures of birth registration, with the objective of reducing the significant number of children without civil registration (Brazil); A - 99.70. Continue promoting measures to ensure the right to identity for children in rural areas (Chile); A - 99.71. Prepare and implement a specific birth registration strategy for indigenous peoples (Slovenia); A - 99.72. Enhance efforts in order to better serve the interests of the child on the issue of adoption (Greece); A - 99.82. Fulfil its commitment to reducing chronic malnutrition by 10% in four years including through the development of a long term strategy to reduce inequalities related to access to food (Canada); A - 99.83. Adopt necessary and effective measures to eradicate child labor in the framework of social and poverty reduction programmes (Costa Rica); A - 99.84. Continue implementing programmes to guarantee the enjoyment of economic, social and cultural rights, in particular the right to education and the right to health (Cuba); A - 99.88. Intensify its efforts on the improvement of mechanisms to further protect the rights of children and the advancement of the economic well-being and standard of living of the poor (Malaysia); A - 99.89. Implement targeted, sustainable and effective measures to reduce the alarmingly high rate of children suffering from chronic malnutrition, especially among the indigenous population, where eight of ten children are affected, according to UNICEF (Norway); A - 99.93. Continue efforts to protect and promote economic, social and cultural rights, especially in the field of food, health and education (Qatar); A - 99.98. Continue public policies aimed at the reduction of illiteracy rates (Paraguay); A - 99.99. Increase the investment to education and take further measures to lower the illiteracy rate, especially the illiteracy of the female (China); A - 99.100. Take the necessary measures to eliminate the limitations suffered by children with disabilities in accessing education, health and other services (Argentina); A - 99.101. Ensure access to education, health, cultural life and services for children with disabilities and give them the necessary support to enable them to exercise their rights as active members of their communities (Thailand); A - 99.108. Continue its efforts to facilitate and promote indigenous peoples’ access to education, sanitation, property, and public positions (Holy See); The following recommendation is pending or no clear decision was taken: NC-100.8. Consider an early ratification of the third OP to CRC on a communication procedure (Slovakia); Voluntary Pledges & Commitments made by Guatemala in the framework of the UPR: Develop policies and programmes to prevent armed violence in order to reduce violent deaths, with particular attention to Juvenile.
Wednesday 24th October 2012 - 2.30 p.m. - 6.00 p.m
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations