Instances of gendered violence in Guatemala include domestic violence, sexual violence, human trafficking, incest, and femicide (the deliberate killing of women). Violence against women in Guatemala reached severe levels during the long-running Guatemalan Civil War (1960-1996), and the continuing impact of that conflict has contributed to the present high levels of violence against women in that nation.
Femicide Femicide is an extremely persistent problem in Guatemala. According to a 2002 report by the Small Arms Survey, Guatemala has the third highest rate of femicide in the world, behind only El Salvador and Jamaica. According to official figures, 560 women were murdered in the country in 2012, 631 women in 2011, and 695 women in 2010, though the exact number may vary.
Attacks on Female Activists Women who work as human rights defenders, including those working to protect land and natural resources, face violence in the form of threats, reprisal, and arbitrary arrests. Government authorities and security forces often commit this form of violence.
On average, female human rights defenders in Guatemala experience at least one attack each day, with an estimated eighty-three percent of these attacks being against land and natural resource defenders. Resource exploitation is linked to gender-based violence against women. As a result, indigenous women are primary victims of threats and violence. For instance, Topacio Reynoso Pacheco, a 16-year-old activist, was shot and killed by representatives of the Guatemalan government after forming a group advocating against mining within her community. This instance is just one of many in which the Guatemalan government actively works to silence and oppress female voices. In 2020, approximately 1,825 people disappeared in Guatemala, according to data collected by the National Civil Police of Guatemala (PNC). Of these 1,825 individuals, the majority (61.5%) were women. This data delineates the failures found within the nation’s effort to eradicate violence against women and gender inequality, as the numbers continue to show just how many women are continually put in these situations–whether it be through men or through their government.
Sexual Violence Sexual violence is widespread in Guatemala. There are about 10,000 cases of reported rape per year, with the total number likely being much higher because of under-reporting due to social stigma.
Sex Trafficking
Citizen and foreign women and girls have been victims of sex trafficking in Guatemala. Sex trafficking inflicts rape and physical and psychological trauma on victims in brothels, homes, and other locations. The illegal transport and sexual assault of migrants from Latin America to the United States is prevalent issue.
Sexual Violence Against Adolescent Girls Many survivors are adolescent girls, leading to Guatemala having the highest teen pregnancy and preteen pregnancy rates in Latin America. Girls as young as 10 years old are impregnated by rape, and they usually carry these pregnancies to birth. Most (89%) instances of sexual violence are perpetrated by the girl's father or other close male relative. These men do not suffer consequences largely because of the lack of education, poverty, and lack of social respect for women. According to photo activist Linda Forsell, most young girls face expulsion from school if they are visibly pregnant.
Sexual Violence as a War Tactic During the armed conflict, rape was used as a weapon of war.
Sexual violence is often used as a tactic in war, and many women, particularly women from indigenous tribes, often become sex slaves to soldiers and are subjected to rape and other forms of sexual violence. When a community is occupied or destroyed, an entire community of women may be subjected to rape and sexual or domestic slavery, which affects the prosperity and health of the community after a conflict’s end. During the civil war, many indigenous women were forced into sexual slavery by the military.
In February 2016, the Sepur Zarco trial convicted two ex-soldiers of crimes against humanity for their sexual abuse of 11 indigenous Q’eqchi’ women, the forced disappearance of the women's husbands, and the murder of a woman and her two daughters. Expert witnesses called by the prosecution included Brazilian feminist academic Rita Segato. The women of the Q’eqchi” community received reparations for the damage done by the convicted soldiers. The court ordered the two former military officers to pay over a million USD (£710,000) to 11 indigenous women whom they held as sex slaves during the civil war.It was the first time a case of sexual slavery during armed conflict had been considered in court. In Guatemala, it was the first time any form of sexual violence during a conflict had been settled in court.
Militarization Militarization came to Guatemala in the early 1980s. In Guatemala, as well as in other parts of Latin America, there is an intense "war on drugs", that is a conflict between state forces and drug cartels, which has taken a violent turn. As a result of the war on drugs, there is a widespread presence of the military throughout the country, with three major military bases in known drug trafficking areas. Jody Williams, a Nobel Peace Prize recipient, said, "The war on drugs and increased militarization in Mexico, Honduras and Guatemala is becoming a war on women."
The increased militarization of Guatemala has resulted in abuse and mistreatment of the people of Guatemala. Militarism spreads a perception of brutality and makes it easier to access weapons, raising the rates of domestic violence against women. Guatemala's military has a substantial history of human rights violations. Murder, torture, and missing people became a daily reality for people in Guatemala. The Nobel Women's Initiative found that communities where an army is present tend to have more violence against women. The Guatemalan military is also correlated with corruption. Recent records state that the government and military are often associated with criminal activity.
Legislation Guatemala is a country that has one of the most prevalent rates of violence against women in the world. In response to violence against women, the government has passed laws and created agencies in order to stunt the high rates of gendered violence in Guatemala in the 1990s: in 1996 it enacted Ley para prevenir, sancionar y erradicar la violencia intrafamiliar (Law on the Prevention, Punishment and Eradication of Domestic Violence). In 2008, it enacted Ley contra el Femicidio y otras Formas de Violencia Contra la Mujer (Law against Femicide and Other Forms of Violence Against Women), and in 2009 it enacted Ley contra la violencia sexual, explotación y trata de personas (Law against Sexual Violence, Exploitation and Trafficking in Persons).http://www.protectionproject.org/wp-content/uploads/2010/09/GUATEMALA-SPANISH.pdf Despite the introduction of these laws over the past decade, data shows a continued persistence in attacks against women. Not only this, but the Guatemalan congress’s approval of Ley 5272 on International Women’s Day of 2022 can even be deemed regressive, as the policy would have illegalized abortion. Despite the law ultimately failing to be ratified, the Guatemalan government’s hand in this law could almost be seen as misogynist.
Procurador de los Derechos Humanos In 2008, the Procurador de los Derechos Humanos (Human Rights Ombudsman) was created, which is an agency that operates with the intention of enforcing citizens' cooperation with human rights laws. Despite these efforts made by Guatemala's government, the number of women who experience gendered violence persists. The ineffectiveness of Procurador de los Derechos Humanos is a result of a multitude of factors, including the weakness of the justice system, a lack of clarity surrounding laws made regarding gendered violence, and the absence of free institutions that would aid victims. Despite the intentions of enacting Procurador de los Derechos Humanos, the full potential of its efficiency has not yet been reached.
Marriage Laws Early marriage for girls is common in Guatemala; the country has one of the highest rates of child marriage in Latin America. As of 2015, men and women must be at least 18 years of age to marry. Judges may make exceptions for girls to be married at 16. In the past, girls could be married at 14, and boys could be married at 16. The age was increased and made the same for both genders in hopes of holding both men and women to the same standard. It is estimated that 7% of girls are married before 15 years of age and 30% by 18 years of age. Rates are even higher in rural areas, where 53% of females are married before they are 18. Some reasons for early marriage are poverty, rigid gender norms, educational access, and tradition. Older men also provide more financial support to these girls. After marriage, girls are expected to start a family and face a lot of pressure to get pregnant. Teen mothers account for 25% of births in Guatemala.
The Justice System After decades of violence, dictatorship, and conflict, Guatemala's public institutions are weak, including its justice system. Lack of funding has made the law enforcement departments ineffective. As a result of how unlikely it is to be charged, criminals continue to normalize this widespread, unchecked violence. Based on the number of incidents actually reported and taken to court, only 3% result in any kind of court resolution. Authorities do not always conduct proper investigations. A small fraction of the reported crimes against women go to trial, and even fewer result in a conviction. According to Nobel Women's Initiative, in the 1980s, 200,000 people were murdered, and 1,000s of women were raped. Many cases similar to these have not gone to trial. Of the complaints about violence against women that were registered in 2010 by the Judicial Department, only 1% resulted in sentencing.
Murders are often not properly investigated and rarely result in any conviction; less than 4 percent of all homicide cases result in conviction for the perpetrators. Because of the lack of repercussions and the "machismo" culture in Latin America, perpetrators are confident they will get away with murder. This machismo culture allows women to be treated as disposable, and the rights granted to men, such as a due process in investigations, are not rarely considered for women. Rape culture and victim blaming are the tactics that go along with machismo, causing both men and women to largely agree with the misogynistic worldview.
Law enforcement often fails to investigate in a timely manner and tend to blame the victims of the case. Many women abandon their cases because the stress and hardship put onto them in facing an oppressive court. Without proper trials, investigations, and sentencing, the violence towards women will progressively increase.
Women are often murdered or subjected to violence by family members such as fathers, brothers, stepfathers, and husbands, but when they try to report a crime that was done by family members, the women themselves are often treated with contempt for complaining. Discrimination in the justice system is one of the many problems women face in Guatemala. The justice system discriminates according to race, class, sex, and ethnicity. Discrimination is worst for women who are poor, migrant, young, and lesbian.
There is a lack of female representation in the political system, which may contribute to the lack of progressive change. As of 2015, only 13.9% of members of Parliament were women.