OAS Special Mission in Guatemala Engages in Dialogue with the Commission of Indigenous Authorities in the Context of Second-Degree Election Processes

Press Release

OAS Special Mission in Guatemala Engages in Dialogue with the Commission of Indigenous Authorities in the Context of Second-Degree Election Processes

The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutions in Guatemala held a space for dialogue and analysis of the national context with the Commission of Indigenous Authorities, in the framework of the second-degree election processes for the selection of magistrates to the Constitutional Court, the Supreme Electoral Tribunal, the Attorney General, and the Comptroller General of Accounts. These designations have a decisive impact on justice, oversight, institutional autonomy, and the preservation of the rule of law.

The Mission underscores that these appointments carry structural implications for the rule of law and democratic coexistence. It therefore considers that second-degree election processes must be guided by high standards of institutional quality, transparency, and social legitimacy. In particular, the Mission deems it essential that these processes:

• Ensure integrity and merit, through clear, objective, and predictable rules that allow for the selection of the most qualified individuals, with independence, probity, and commitment to the democratic and constitutional order.

• Guarantee effective participation and an intercultural approach, by incorporating mechanisms that take into account Indigenous Peoples and other historically excluded sectors, ensuring access to understandable information and adequate conditions for participation from their territories.

• Consider the selection of authorities committed to legal pluralism, respect for the human rights of Indigenous Peoples, equality and non-discrimination, as well as to the application of an intercultural approach in the exercise of their functions.

• Promote transparency and accountability, through the publication of criteria, sufficient justification of decisions, and the prevention of conflicts of interest or co-optation practices that undermine institutional legitimacy.

• Guarantee an environment free from criminalization and reprisals, refraining from the improper use of criminal law as a mechanism of pressure or silencing against those who participate in, oversee, or report irregularities in these processes. This includes preventing stigmatization and disinformation campaigns- including those that various actors attributed to organizations- and ensuring that any allegations are addressed with strict adherence to due process and objective verification of facts.

The Mission emphasizes that these principles not only strengthen democratic institutions but also help ensure that designated authorities reflect the country's social and cultural diversity and act in accordance with national and international human rights standards.

Finally, the Mission calls on State institutions to ensure that second-degree elections are transparent, inclusive, and intercultural, and urges the international community to support and amplify these demands of Indigenous Peoples in favor of more legitimate processes that reinforce democratic institutions.

Reference: E-022/26