Since 2014, a growing number of women and children fleeing gender-based violence in Guatemala have requested legal assistance from The Advocates in applying for asylum in the United States. Using information from interviews with these clients, The Advocates documented violence against women in Guatemala and submitted a stakeholder report to the United Nations Human Rights Council for consideration during Guatemala’s third-cycle Universal Periodic Review, which took place on November 8, 2017.
Violence against women remains a serious problem in Guatemala, especially as the country continues to struggle to implement protective measures and programs. In the first ten months of 2015, the public ministry reported receiving 11,449 reports of sexual or physical aggression against women. In the first seven months of 2015, there were 29,128 complaints of domestic violence against women and 501 violent deaths of women.
Due to lack of protection and high rates of impunity, many women choose to leave the country rather than face potential reprisals and stigma. Domestic violence is also a significant push factor for unaccompanied child migrants.
The Advocates is able to help these women and children in two important ways: providing legal assistance in their asylum cases and using their experiences to advocate at the United Nations for law and policy changes in their home country of Guatemala.
There are several steps involved in bringing these individual stories to an international stage.
First, The Advocates drafted a report documenting violence against women in Guatemala, based on research on country conditions and client interviews. The Advocates submitted this stakeholder report to the Human Rights Council for consideration during Guatemala’s Universal Periodic Review. After the report was complete, I drafted a two-page summary that outlined the key information and suggested recommendations. I then reviewed countries that made recommendations to Guatemala during its second UPR in 2012, and selected 27 countries to lobby based on their past support for eliminating gender-based violence. I emailed these countries, thanking them for their interest in women’s issues and updating them on the status of past recommendations they made to Guatemala. I sent them the full report on Guatemala as well as the summary document.
The purpose of lobbying other countries is twofold— to alert the country to the dire situation in Guatemala and to provide suggested recommendations based on our report. The country under review must acknowledge the recommendations, which can serve as a rebuke for missteps as well as a blueprint for areas to improve.
For example, Guatemala received and accepted recommendations during its second-cycle UPR in 2012 to strengthen the 2008 Law Against Femicide. In order to implement these recommendations, the government established several agencies and institutions to give effect to the law, and created lower level courts. Yet weak implementation of these tools meant there was little reduction in levels of violence against women. In addition, there is no law against sexual harassment, despite its ubiquity. The partial implementation of these 2012 recommendations speaks to the importance of creating targeted recommendations, the success of which can be measured on a defined timeline.
After the UN published the recommendations made during the November 8th UPR, I reviewed them to determine the success of our lobbying efforts. Of the 27 countries we contacted, seven of them made recommendations, five of which Guatemala accepted. Interestingly, the number of VAW-specific recommendations made to Guatemala remained fairly constant from 2012 (30 recommendations) to 2017 (31), but the makeup of the countries making the recommendations changed. In 2017, 77% of the VAW recommendations were made by countries that did not make a VAW recommendation in 2012. This shift suggests that a wider group of countries is taking note of the situation in Guatemala and willing to use their platform at the UN to advocate for women. It also suggests we should expand our lobbying efforts to target additional countries.
I was pleased to see the following recommendation from Spain, a country we targeted with our lobbying:
“Allocate sufficient resources to specialized courts and tribunals with jurisdiction over femicide and other forms of violence against women as well as move towards the full implementation of the Law against Femicide and Other Forms of Violence against Women.”
This recommendation indicates that Spain acknowledges steps Guatemala has taken (specialized tribunals, partial implementation of the Law against Femicide) and points out a key gap in the implementation of these efforts: lack of government resources.
It’s incredibly powerful to see this recommendation and other calls to action that grew out of The Advocates’ client testimonies.
Guatemala accepted 28 of the 31 VAW-specific recommendations and will have five years before its next review to work on implementing them. I hope, the country will continue to build on past work and use the recommendations made during this review to effect meaningful change.
By Laura Dahl, a 2017 graduate of the University of Minnesota with a degree in Global Studies and Neuroscience. She is a Fall 2017 intern with The Advocates’ International Justice Program.
This post is the second in a series on The Advocates’ international advocacy. The series highlights The Advocates work with partners to bring human rights issues in multiple countries to the attention of the United Nations Human Rights Council through the Universal Periodic Review mechanism. Additional post in the series include: