PDH and experts recognize risks and obstacles pointed out by the IAPA in journalistic work in Guatemala

Guatemala was the only country that the Chapultepec Index ranked with a “high restriction” to freedom of expression and of the press. In the opinion of the Human Rights Ombudsman (PDH), this is due to factors such as the denial or malicious delay of public information and threats faced by communicators.

The Chapultepec Index of Freedom of Expression and the Press, presented this Friday, October 28 at the 78th General Assembly of the Inter-American Press Association (IAPA) that takes place in Madrid, Spain, is an annual barometer that the regional entity carries out to measure the causes that influence negatively and positively to freedom of the press in the American hemisphere.

This year Guatemala worsened its position falling from position 15 to 19. Below are only Cuba, Nicaragua and Venezuelacountries classified as “without freedom of expression”.

The IAPA today also released its national reports on freedom of the press, and in the one on Guatemala it noted that in Guatemala “there is a profound deterioration of press freedom due to actions of the Government, especially the Public Ministry (MP) and Congress (of the Republic)”.

According to the IAPA, “since the beginning of his administration, the government of President Alejandro Giammattei has had a strained relationship with the independent press” and details that “anyone who thinks differently is considered an enemy, opponent or agitator.”

The IAPA continues and reports that “in this environment of animosity against the press, the Public Ministry (MP) attacked prominent critical journalists, known for their constant denunciation of acts of public corruption.”

Regarding this statement, the IAPA assures that “the most flagrant case is the imprisonment of José Rubén Zamora, president of elPeriódico, and Flora Silva, the financial manager of that medium, as well as the cases of Juan Luis Font, of the digital medium and television show ´Con Criterio´, and Carlos Choc, from Prensa Comunitaria.

“This is derived from the denial (de facto) or malicious delay in access to public information, so that citizens cannot be properly informed.”, stated the PDH when asked about it.

The PDH, consulted by Free Press, remembered that Journalism is a risky profession in Guatemalaas the United Nations Rapporteur has pointed out, by the high amount of threats, harassment and intimidation that journalists live daily.

“Community journalists who confront organized crime can also be mentioned, which was analyzed in the index of violence and impunity,” explained the PDH.

On the other hand, he warned thatIndigenous Peoples still do not enjoy the right to communicate with their communities, as established by the Peace Agreements, by virtue of the fact that their access to community radio stations has not been guaranteed. In this sense, it is important to mention that the Inter-American Court of Human Rights condemned the Guatemalan State for this denial”.

For this reason, they recommended to the State that, through its institutions, resume the process of elaboration and approval of the Protection Program for Journalists and take necessary measures to guarantee a favorable environment so that journalists can properly carry out their work.

on the same road, recommends to the Public Ministry economically and materially strengthen the Prosecutor’s Office for Crimes Committed against Journalists to expand its coverage and provide more efficient care, as well as implement training processes for tax staff for an adequate investigation of the attacks against journalists and social communicators.

Attacks intensified in this government

Miguel Ángel Albizures, head of the Press Freedom Commission of the Association of Journalists of Guatemala (APG), explained that Guatemala is in a complete setback in the exercise of these rights, something that intensified with this government. This coincides with the persecution of some justice operators, among whom are judges and former prosecutors of the Public Ministry (MP) who have had to go into exile.

“There is a very pronounced setback and a lack of democratic spaces. Even the fact that they want to legislate giving the security forces the permission to repress any protest means that the aspects of democracy in the country are seriously affected,” said Albizures.

In this sense, it is necessary that organized expressions of citizenship arise in rejection of these orchestrated attacks against journalists, since otherwise there could be a democratic backsliding.

“The march on October 20 was an organized expression of rejection of everything that is happening. Yes, there was strong participation, but a broader movement and resistance to everything that is happening is already neededsince if the citizens do not put a stop to everything that is happening, we could go back to the 80s,” he said.

The constitutionalist Mario Fuentes Destarac considers that having high restrictions on the press act to undermine democracy and this is one of the bastions of the civilized world.

“Freedom of the press is the blood of democracy. When there are restrictions on the freedom of expression of ideas, it affects the health of democracy,” said Destarac.

He added that there are various actions that have worsened the exercise of these rights, such as the criminal persecution against journalists from the different levels of the justice system, which seeks to criminalize freedom of expression in the country.

“Obviously the courts of justice and the Public Ministry are fundamental actors. Also there are initiatives in the Congress of the Republic that tend to restrict freedom of expression and that has been denounced,” said Destarac.

Among these initiatives that have generated rejection among journalists is the Law of Prevention and Protection against Cybercrime that was attempted to be approved in August of this year. On that occasion, the APG stated that it sought to criminalize criticism, investigations or publications that, in the opinion of the authorities, could be framed as harassment, as well as journalistic publications based on electronic data or information leaks.

The situation could worsen now in the face of the electoral process, warns Destarac.

“This is a problem even now that an electoral process is about to start. There is concern that there will be restrictions like those that were tried to be imposed in 2019 by the electoral authority, such as regulating interviews, press conferences and forums that are held in the media. There may be restrictions and that would be very serious for the exercise of political rights”, said Destarac.

José Cancinos, president of the Association of Journalists of Quetzaltenango (APQ), said that citizens should care deeply about the deterioration of press freedom, since this it reduces your opportunities to make informed decisions in your day-to-day life.

“Journalists lead freedom of expression and if they deny us this right, it is easier for any government to violate more rights and keep the population silent.. We have the responsibility to continue exposing the abuses of any government and to continue creating, as the media, that culture in the citizens so that they get involved,” said Cancinos.

In the opinion of the APQ president, among the actors leading this attack against the press are President Alejandro Giammattei, the Public Ministry and the mayors. The latter have replicated the example of the central government, he warns.

“We know that there are municipalities taken over by drug traffickers and they take advantage of this situation due to the bad example of the central government to limit freedom of expression. It is possible that lives can be claimed. In areas such as the border with Huehuetenango, it is not possible to speak of freedom of expression. The companions have personally censored themselves because we are at risk,” said Cancinos.

Finally, he explained that during the pandemic, access to information sources and institutions was lost. This has not been recovered to date, warned Cancinos.

It may interest you: IAPA says that in Guatemala “there is a profound deterioration of press freedom” and points to the Government

Government and MP reject accusations

The Government of Guatemala assured that the accusations expressed by the IAPA are “false” and that during the last year access to information sources has been promoted through weekly press conferences.

“It is totally false that during the administration of Dr. Alejandro Giammattei there have been systematic attacks on journalists or that journalistic work in the country has been restricted in some way,” said presidential spokesman Kevin López Oliva.

Similarly, the Public Ministry reported that, In accordance with its legal and constitutional mandate, it has the obligation to investigate any complaint that is presented, without any exception, and without this meaning criminalization, at all.

“Alleging persecution and criminalization is totally distancing itself from reality, since the natural function of the Public Ministry is to investigate in order to find out the historical truth of the facts, without this meaning criminalization or political persecution,” he said.