OAS Mission for the Strengthening of Democratic Institutions in Guatemala Warns of Risks Due to Exclusions in the Process of the Guatemalan Bar Association

Press Release

OAS Mission for the Strengthening of Democratic Institutions in Guatemala Warns of Risks Due to Exclusions in the Process of the Guatemalan Bar Association

The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutions in Guatemala takes note with concern of the provisional injunction granted by the Sixth Chamber of the Administrative Court, which orders the Guatemalan Bar Association (Colegio de Abogados y Notarios de Guatemala, CANG) to limit participation exclusively to those holding a law degree, within the framework of the process to elect the principal and alternate magistrate of the Constitutional Court (Corte de Constitucionalidad, CC) by the CANG, scheduled for February 4, 2026.

The Mission observes that professionals from disciplines related to law, who would be excluded from the voter registry as a result of this decision, are individuals who, by regulatory mandate, are members of the CANG, comply with the payment of dues, are subject to its disciplinary regime, and have historically participated in its internal electoral processes. For this reason, it underscores that any decision limiting their participation must take into account the principles of equality, non-discrimination, and respect for acquired rights. Suddenly depriving a group of mandatory members-including thousands of professionals from related disciplines-of their right to vote may undermine their trust in institutions and weaken the internal cohesion of the Association itself.

Adopted just a few hours before the guild election, this decision highlights that, in a democracy, processes for appointing high judicial authorities-such as magistrates of the Constitutional Court-must be governed by clear, stable rules known in advance. Modifying, at the final stage of an election, who may vote or be barred from voting through urgent judicial decisions raises serious concerns about legal certainty and opens space for perceptions that the rules are being adjusted to suit a particular outcome.

From the perspective of inter-American standards, judicial independence is protected not only through personal guarantees for judges and magistrates, but also through transparent, coherent, and predictable procedures for their selection. In this sense, the provisional injunction granted by the Sixth Chamber regarding the participation of related disciplines in the CANG, as well as its challenge before the Constitutional Court, will have direct effects on the perception of legitimacy of the Court itself and of the justice system as a whole.

The Mission, which continues to closely monitor this process, calls on the Constitutional Court, the CANG, and all institutions involved to act responsibly and in strict adherence to the rule of law, ensuring that any determination regarding the participation of CANG members from related disciplines is adopted based on general criteria, applied prospectively, respecting the rights of individuals already incorporated into the Association, and avoiding changes to the rules of the game in response to a specific electoral context.

Finally, the Mission reiterates its willingness to provide technical support and share comparative good practices that contribute to clarifying, in a stable manner, the role of professional associations and related disciplines in the processes for selecting high judicial authorities, for the benefit of strengthening democratic institutions in Guatemala.

Reference: E-014/26