OAS urges respect for rule of law amid Guatemala's post-election tensions

OAS urges respect for rule of law amid Guatemala's post-election tensions
Geopolitics
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Thomas R. Hastings, Interim U.S. Permanent Representative | U.S. Mission to the OAS

The Permanent Council of the Organization of American States (OAS) has issued a declaration regarding recent developments in Guatemala. This follows the successful conclusion of the presidential run-off elections held on August 20, 2023.

The council emphasized the importance for all political, social, and institutional actors in Guatemala to respect the rule of law as outlined in the country's constitution and international treaties. The OAS acknowledged "the contribution of the Executive Branch in making all its resources available to the electoral authorities for organizing" these elections.

A preliminary report from the OAS Electoral Observation Mission, led by former Paraguayan Foreign Minister Eladio Loizaga, commended Guatemalans for their civic commitment during what was described as an exemplary election day. The report also recognized "the effort and democratic commitment of the Supreme Electoral Tribunal and competent electoral bodies."

Despite these positive acknowledgments, concerns remain over post-electoral actions by political actors and partisan forces. The council expressed worry about ongoing litigation processes and actions by Guatemala's Attorney General’s Office that have allegedly intimidated election authorities. There is also concern about reports of intimidation against members of Movimiento Semilla, leading to precautionary measures from the Inter-American Commission on Human Rights.

The declaration noted Agreement 1659-2023 from Guatemala's Supreme Electoral Tribunal which confirmed César Bernardo Arévalo de León and Karin Larissa Herrera Aguilar as President-elect and Vice President-elect respectively.

Guatemala's government has been recognized for steps taken to protect "the rights to life and personal safety" of Arévalo de León and Herrera Aguilar. Furthermore, President Alejandro Giammattei Falla invited OAS Secretary General Luis Almagro to attend Arévalo’s inauguration.

The Permanent Council called on Guatemalan institutions to uphold civil and political rights consistent with domestic law and international commitments. It stressed that separation of powers is essential for democracy and condemned any use of legal systems as tools for intimidation or suspension of rights.

Finally, it requested that Secretary General Almagro present a proposal for an OAS mission to observe Guatemala's transition process. During his visit next week, Almagro is expected to hold high-level meetings with stakeholders such as the Attorney General’s Office to reinforce "the importance of separation of powers." A report on this visit will be submitted to the Permanent Council promptly.