Guatemalan Congress Weakens NGOs

Chapter 10 / Selected political developments and politicians in Central America

Key words: Guatemala; non-governmental organisations (GOs); human rights defenders; social activists; Office of the United Nations High Commissioner for Human Rights (OHCHR).

Early this month (February 2020) the Guatemalan Congress moved to limit the work of non-governmental organisations (NGOs). Human rights defenders and social activists criticised the Guatemalan Congress for passing a law that could be used by governments to arbitrarily control non-governmental organisations (NGOs).

The ‘Law of Non-Governmental Organisations for Development’ establishes that NGOs will not be able to use foreign donations or financing to carry out activities that “alter” public order.

“If an NGO uses foreign donations or financing to alter public order, it will be immediately cancelled … its executives will be charged under criminal and civil legislation,” the new law states.

The Office of the United Nations High Commissioner for Human Rights (OHCHR) also expressed its reservations regarding what happened in Congress.

“The reform of the NGO law could affect the freedom of association, assembly, and expression, as well as democratic spaces for organised civil society,” the OHCHR said and added that “it is important to adopt laws and policies that guarantee spaces for democratic participation.”

In 2019, UN High Commissioner for Human Rights Michelle Bachelet expressed concern about the NGO bill as it introduces controls that could be used to arbitrarily limit social organisations.

The NGO law is based on proposals that lawmakers of the previous legislature made to avoid the fight against corruption promoted by the International Commission Against Impunity in Guatemala.

With the new law, the government can “arbitrarily cancel uncomfortable organisations,” said Justice Now (JusticiaYa), an NGO which was born amidst the anti-corruption fight in 2015.​​​​​​​

The leftist party Winaq, whose most notable member is the 1992 Nobel Peace Prize winner Rigoberta Menchu, said the NGO law is “a blow to freedom of social organisation and harmful to the majority.”​​​​​​​

Sources:

  • La Prensa Gráfica (El Salvador) 12 February 2020.
  • Impunity Watch