Guatemala: Update to GTM34927.E of 21 September 2000 on protection for victims of domestic violence (2002)

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An analysis of state protection available to victims of domestic violence in Guatemala was provided by the Latin American and Caribbean Committee for the Defense of Women's Rights (CLADEM) in its Report for the United Nations' Special Reporter on Violence against Women, its Causes and Consequences of July 2002:

A long patriarchal tradition persists in the administration of justice, expressed in the discriminatory treatment towards women, the use of gender stereotypes (marianism), the non-observance of international human rights standards, and the breaking of the internal law norms related to equality between men and women. The formalism increases the problem of access to justice, conspires against the protection of fundamental rights and freedoms through an efficient and timely recourse, and propitiates impunity. The women of the indigenous towns are specifically affected in terms of access to justice. Likewise, poverty and not knowing the rights on the part of Guatemalan women seriously affects their capacity to exercise their rights before the administration of justice.

Due to recent reforms, the removal from the internal law of several discriminatory laws has been achieved. Among those still subsisting, it is worthwhile noting Article 80 of the Civil Code, which establishes the prohibition of authorizing a new marriage for the woman until 300 days have elapsed, counted as of the date of dissolution of the former marriage. There are normative voids to adequately confront several types of gender violence. In matters of family violence a regulation is urgently needed.

In a United Nations report from the Committee on Elimination of Discrimination against Women of 12 August 2002, Guatemala's Presidential Secretary of Women, Lily Caravantes Tobias, stated that a number of "institutional mechanisms" have been introduced to assist women in regard to domestic violence. Those mechanisms included entities such as the Office of the Public Defender for Women's Rights, the Prosecutor's Office for Women, the Department of Women within the State Attorney's Office, the Presidential Secretariat for Women, the Prosecutor's Office for Indigenous Women and one for the prevention of violence, as well as the "CONAPREVI," an organization that coordinates work for the prevention of violence against women (UN 12 Aug. 2002).

Nevertheless, Tobias added that although "there had been major advances in the condition of women in the legal area and in gathering evidence of oppressive conditions in which women were living ... there was widespread ignorance of the law and the whole legal system was weak" (ibid.).

Tobias also stated that:

A strategic plan was being developed for the establishment of women's advancement agencies throughout the country, as was legislation to deal with domestic violence. One problem was the lack of gender-disaggregated data regarding violence.

Furthermore, the Presidential Secretary for Peace, Catalina Soberanis, noted that:

the law on domestic violence provided for police protection of assaulted persons, even in the home, if there was visible or audible evidence of violence. [However] [a]ccording to existing social patterns, police refused to enter a home and training programmes for the police were necessary (ibid.).

The following information was provided by a representative of the Network to Oppose Violence Against Women (Red de la No Violencia contra las Mujeres) in a 13 December 2002 correspondence:

Domestic violence in Guatemala is the same as it has been for centuries, but it has increased due to other factors like poverty, drug addiction and alcoholism, which although not the true cause of domestic violence can trigger it.

The Government of Guatemala has not shown that it can protect victims of domestic violence. First of all, it has not recognized the scope of the problem, and those who should provide protection see complaints of domestic violence as a nuisance, a waste of time, an annoyance, something due to "the emotional instability of women who cannot maintain harmony in the home and do not fulfil their domestic obligations." Such remarks reflect the stereotypical view of women's work. Therefore women go from one institution to another, without an immediate response to their complaints of domestic violence. Even if they receive some attention, they lack financial resources to support themselves and their children. There are no state-run shelters. The only shelter in the whole republic is run by an NGO in one of the departments (provinces).

Civil society has made efforts and in 2000 the Network to Oppose Violence Against Women (Red de la No Violencia contra las Mujeres) managed to obtain approval for the creation of a national office to prevent domestic violence and violence against women. This office is known by its Spanish acronym CONAPREVI. Starting in 2003, it is preparing to launch a national plan to prevent and eradicate domestic violence and violence against women, but the government has not given the necessary funds for CONAPREVI to operate effectively. So far it has functioned with scant government funding and the rest of its support comes from international cooperation.

In 1995 the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, known as the Belém do Pará Convention, was ratified. In 1996 the law to prevent, punish and eradicate domestic violence, Decree 97/96 of the Congress of the Republic, was passed. In 2000 the regulations under this law were approved in Government Order 831/2000. All these provisions came about because they were proposed and advocated by the women's movement.

Nevertheless, justice officials are reluctant to enforce the law and its regulations and to keep the statistics mandated by law to record the number of complaints of domestic violence. So far, the Guatemalan Congress has not shown the political will to approve the legislative proposals put forward by women's groups to amend the Criminal Code and the Code of Criminal Procedure. These proposals create new offences such as domestic violence, repeal the law that allows a judge to suspend the sentence of a perpetrator or permit him to marry the victim to avoid penalty, and introduce other legal provisions. The amendments also propose a fair and equitable way to proceed in cases of sexual and property offences against women, both in the family and in the community.

We are three women lawyers who have challenged the constitutionality of part of the Code of Criminal Procedure to obtain repeal of the provision that makes it impossible for women to obtain justice if their husbands refuse to support them and their children. We believe that the Constitutional Court will uphold our motion, but it has not yet done so, a year and three months after it should have decided.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Latin American and Caribbean Committee for the Defense of Women's Rights (CLADEM). July 2002. Report for the United Nations' Special Reporter on Violence against Women, its Causes and Consequences. [Accessed 12 Dec. 2002]

Red de la No Violencia contra la Mujer, Guatemala City. 13 December 2002. Correspondence from representative. Translated from Spanish to English by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada.

United Nations (UN). 12 August 2002. "Committee Experts Voice Concern Over Guatemala's Multiple Women's Agencies." [Accessed 12 Dec. 2002]

Additional Sources Consulted

IRB databases

NEXIS

Unsuccessful attempts to contact the Grupo Guatemaltaeco de Mujeres (GGM)

World News Connection

Internet sites:

Amnesty International (AI)

Centre for Reproductive Law and Policy

Cimacnoticias.com

Guatemala Hoy [Guatemala City]

Human Rights Watch (HRW)

La Tertulia [Guatemala City]

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