A/HRC/42/30
10.
Guatemala
51.
The case of Mr. Jerson Xitumul Morales, a journalist who regularly collaborated
with OHCHR, was included in the 2018 report of the Secretary-General (A/HRC/39/41,
para. 40, Annex I, paras. 40–41). He was arrested on charges of threats, instigation to
commit a crime, illicit association, illicit meetings and demonstrations, damages and illegal
detention related to his reporting on the demonstrations in May 2017 by fishermen against
the pollution of Lake Izabal by the mining activities of the Guatemalan Nickel Company
(CGN). According to new information received, the trial of Mr. Morales was closed on 24
July 2018 at the request of the Public Ministry, due to the lack of evidence.
52.
The situation of the national human rights institution (Procurador de los Derechos
Humanos) and that of its Ombudsperson, Mr. Augusto Jordán Rodas Andrade, was
included in the 2018 report of the Secretary-General (A/HRC/39/41, para. 41 and Annex I
para. 42). Allegations included attempts to undermine the independence of the institution
because of its support for the CICIG, as well as smear campaigns against Mr. Rodas
Andrade and threats to his family. According to new information received, attacks against
the institution have continued due to its cooperation with the CICIG. The institution is
reportedly facing a reduction of its 2019 budget, which may lead to its closure in October
2019. Moreover, there have been multiple attempts to remove Mr. Rodas Andrade from
office by impeachment.
11.
Honduras
53.
The case of Ms. Hedme Castro, from ACI-PARTICIPA, was included in the 2018
report of the Secretary-General (A/HRC/39/41, para. 44 and Annex I, paras. 45–47).
According to new information received, on 6 April 2019, a member of the national police
launched tear gas at individuals connected to ACI-PARTICIPA and relatives of Ms. Castro
in the city of Choluteca. On 16 May 2019, four special procedures mandate holders
addressed these allegations, expressing serious concerns about the physical and
psychological integrity of Ms. Castro and her relatives (HND 2/ 2019). On 17 July 2019,
the Government responded135 on the protection measures taken for Ms. Castro. In April
2017, the case was admitted to the national protection mechanism and a risk assessment
was initiated for Ms. Castro and ACI-PARTICIPA. According to the Government, the
assessment was not completed due to the lack of availability of Ms. Castro. The protection
mechanism has followed up on the complaint affecting Ms. Castro’s relatives.
54.
Acts of intimidation and harassment against those sharing information with the UN
in the fight against impunity for the killing of Ms. Berta Cáceres, a prominent indigenous
Lenca leader and environmental human rights defender killed in March 2016, were reported
in the 2018 report of the Secretary-General (A/HRC/39/41, para. 45 and Annex I, paras.
48–49). On 14 July 2018, the CERD expressed concern about the difficulties that rights
defenders encounter in obtaining access to justice, as well as the persistence of high levels
of impunity for violations of their rights. While noting that seven persons were convicted of
the assassination of Ms. Cáceres, the Committee recommended awareness-raising
campaigns on the crucial work undertaken by rights defenders to foster a climate of
tolerance where they can work free from intimidation, threats and reprisals
(CERD/C/HND/CO/6-8, para. 24, 25 (d)). Following their official visit to Honduras in
November 2018, the Working Group on discrimination against women in law and practice
expressed concern about the trial for Berta Caceres’ murder, which they see as “emblematic
of the lack of transparency and unfair legal processes faced by women’s human rights
135
Response from Government: https://spcommreports.ohchr.org/TMResultsBase/
DownLoadFile?gId=34786.
53