Freedom of Expression
Press Release R286/21
The Office of the Special Rapporteur calls on the State of Guatemala to respect and guarantee the work of journalists in accordance with international human rights standards.
October 29, 2021
Washington D.C. - The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expresses its concern regarding the reports received on attacks, threats and intimidation of journalists and media outlets in Guatemala, and reminds the State of its duties to respect and guarantee the work of the press in accordance with international human rights standards.
In recent weeks, the Office of the Special Rapporteur for Freedom of Expression has received repeated reports warning of the deterioration of guarantees for the practice of journalism in Guatemala. According to information received by this Office, on October 22, at least four journalists from Prensa Comunitaria were reportedly attacked while reporting on demonstrations by the Q'eqchi' community in El Estor, Izabal, and on the use of public force to disperse them. In addition to the alleged threats to journalists to refrain from recording these events, police officers reportedly used tear gas against demonstrators and media workers, some of whom were injured. In addition, several members of the National Civil Police were reportedly injured, including four officers with gunshot wounds, according to official reports. As stated by the Government, the demonstrations are reportedly blocking access routes and undermining the dialogue efforts that have been attempted.
According to information received by the Office of the Special Rapporteur, journalist Carlos Ernesto Choc of Prensa Comunitaria was reportedly beaten and stripped of his work equipment. On the other hand, the Office of the Special Rapporteur received information on inspection and search procedures carried out by the National Civil Police at the home of Juan Bautista Xol from Prensa Comunitaria,which, according to public information, had been authorized in connection with an ongoing judicial investigation. According to information received by this Office, the journalist has given permanent coverage in recent weeks of the above-mentioned events of public interest.
The Rapporteurship was also informed about an alleged search of the premises of the community radio station Xyaab' Tzuultaq'a by police officers on October 24, after a state of siege was declared in the municipality of El Estor. In recent weeks, the radio station has been covering the claims of the Mayan Q'eqchi' community that opposes mining exploitation, according to the information available.
The reports received also include restrictions on access to information and official sources, intimidation and harassment of journalists' homes, both by State officials and by persons linked to the mining company. In this context, civil society organizations have reported to this Office a growing climate of fear in the local press.
Among other facts documented by the Office of the Special Rapporteur, on October 19, journalist José Rubén Zamora, president of El Periódico, denounced acts of criminal prosecution promoted by high-ranking public officials for intimidatory purposes. As far as the Office of the Special Rapporteur was able to learn, the Public Prosecutor's Office has confirmed the validity of an investigation dating back to 2013, conducted by the Office of the Public Prosecutor for Administrative Crimes, following a complaint filed by an internal audit of the Guatemalan Social Security Institute (IGSS).
This Office calls for an impartial and exhaustive investigation of these facts, and considers it essential that they be brought to the attention of the competent authorities when so required by domestic law.
The Office of the Special Rapporteur recalls that it is the duty of States to provide the press with the highest guarantees to carry out its work freely, safely, and independently, since it is journalists who keep society informed and contribute to the consolidation and strengthening of the rule of law. In contexts of demonstrations and situations of high social conflict, the work of the press takes on special relevance, as it represents the main instrument of control and dissemination of the actions of the State and the public forces. As the 2013 Joint Declaration of Special Rapporteurs points out, this duty of States is not limited to granting communicators specific protection measures, but also includes the obligation to create the necessary conditions to mitigate the risk of the exercise of the profession in these situations.
This Office considers it appropriate to emphasize that political leaders and authorities or persons exercising public functions should refrain from expressing ideas that stigmatize the work of journalists, increase their vulnerability or put their rights at risk. As the 2021 Joint Declaration of Rapporteurs notes, given the role they play in society and in shaping public debate and opinion, "ethical behaviour and attitudes on their part, including in their public communications, are essential to promote the rule of law, the protection of human rights, media freedom and intercultural understanding, and for ensuring public trust in democratic systems of governance".
Inter-American jurisprudence has understood that the arbitrary or disproportionate use of the State's sanctioning power against a media outlet as a consequence of its editorial line or its stance critical of the government's administration represents a form of indirect restriction on freedom of expression. This type of State reaction discourages and inhibits debate on matters of public interest, contravening the principles of pluralism and tolerance inherent to democratic societies.
In view of the foregoing considerations, the Office of the Special Rapporteur for Freedom of Expression expresses its willingness to provide technical support to the State of Guatemala in the fulfillment of its duty to respect and guarantee the right to freedom of expression and of the press.
The Office of the Special Rapporteur for Freedom of Expression is an office created by the Inter-American Commission on Human Rights (IACHR) to encourage the hemispheric defense of the right to freedom of thought and expression
R286/21