OEA/Ser.L/V/II.111
doc. 21 rev.
6 April 2001
Original:  English/Spanish

FIFTH REPORT ON THE SITUATION OF 
HUMAN RIGHTS IN GUATEMALA

  31.     Since 1995, funding for the health sector has increased, although as a proportion of GDP it is still one of the lowest in Latin America, second only to Haiti. Overall funding for the health sector between 1994 and 1998 was as follows:

 


 

Table 6

Health Sector Spending and Targets Set in the Peace Accords

(in millions of quetzals and percentages)

1994–1998

 

 

Year

 

 

GDP

 

Health Sector Spending

Health Sector Spending
as a %
of GDP

Target Set in
Peace Accords

 

Target
as a %
of GDP

Difference Between Target
and Actual Spending

1994

74,669.00

701.5

0.94

 

 

 

1995

85,156.70

750.4

0.88

 

 

 

1996

95,478.60

805.7

0.84

 

 

 

1997

107,942.10

1,105.80

1.02

1,089.50

1.01

0.02

1998

121,687.70

1,386.10

1.1

1,316.90

1.08

0.02

Source: Central Bank of Guatemala, MINUGUA, and Ministry of Finance.

NB: ICSS spending not included.

         

 

          32.     It has recently been said that health and disease “are processes that are determined intersectorially, wherein the leading causes are social, economic, environmental, and lifestyle-dependent, as well as biological.”[29] Hence, drinking water, drainage, garbage collection, and access to electricity are essential in preventing disease and improving public health. Until 1994 around 32 percent of Guatemala’s population had no access to water, 68 percent of homes had no drainage, 25 percent had no sewer connection, and 44 percent had no electricity.[30] These figures vary considerably depending on the proportion of inhabitants of indigenous origin, as can be seen from the following table.

 

 

Table 7

Dwellings with Water, Drainage, and Electricity

(in numbers and percentages)

1994

 

Department

Total Dwellings

With Water

With Drainage

With Sewerage

With Electricity

75% to 100% indigenous

257,525

58.0

11.1

74.7

31.7

50% to 74.9%

indigenous

344,056

66.6

24.1

70.3

47.0

25% to 49.9% indigenous

301,368

57.3

19.7

69.8

40.6

0% to 24.9%

indigenous

291,369

66.3

27.8

67.8

57.9

Dept. of Guatemala

359,390

86.7

66.6

88.7

91.7

Nationwide

1,553,708

68.0

31.6

74.8

55.6

Indigenous correlation

 

-0.06

-0.39

-0.19

-0.37

Rural correlation

 

-0.55

-0.76

0.61

-0.72

Source: Drawn up internally using data from the INE 1994 Census.

 

 

          33.     After Haiti, Guatemala has the lowest life expectancy at birth in Latin America. Average life expectancy at birth in Guatemala is 64.2 years for men and 67.2 years for women. The following chart displays the corresponding figures for Central America as a whole.

 

 

Table 8

CENTRAL AMERICA: LIFE EXPECTANCY AT BIRTH, BY SEX, 1995–2000

(years)

1995–2000

 

 

Total

Men

Women

 

 

 

Costa Rica

76.5

74.3

78.9

 

 

 

El Salvador

69.4

66.5

72.5

 

 

 

Guatemala

64.2

61.4

67.2

 

 

 

Honduras

69.8

67.5

72.3

 

 

 

Nicaragua

68.2

65.8

70.6

 

 

Source: ECLAC.

 

 

          34.     Guatemala also has a general mortality rate of 7.4 (for the 1995-2000 period), which is the highest in Central America.[31] Its infant mortality rate is 46.0 (per 1000 live births), which is also the highest in Central America.[32] The following two tables display infant mortality rates, one in comparison with the other nations of Central America and the other broken down by sex, rural/urban areas, ethnic groups, and regions; figures for child mortality have also been added to this second table.

 

 

 

 

 

 

Table 9

NORTHERN SUBREGION OF LATIN AMERICA AND THE CARIBBEAN:

INFANT MORTALITY BY SEX, 1995–2000

1995–2000

 

                                          Total           Men         Women

 

 

 

Costa Rica

12.1

13.7

10.5

 

 

 

El Salvador

32.0

34.9

29.0

 

 

 

Guatemala

46.0

50.5

41.3

 

 

 

Honduras

35.0

39.7

30.2

 

 

 

Nicaragua

43.4

48.5

38.0

 

 

Source: ECLAC.

 

 

 

Table 10

Infant and Child Mortality

By Region, Sex, Area, and Ethnic Group

(deaths per 1000 live births)

1995, 1998/99

 

Infant Mortality

Child Mortality

 

1995 1998/9

1995 1998/9

 Sex

 

 

 Male

    63     50

    84     64

 Female

    52     48

    75     65

Area

 

 

 Urban

    45     49

    60     58

 Rural

    63     49

    88     69

Ethic Origin

 

 

 Indigenous

    64     56

    94     79

 Nonindigenous

    53     44

    69     56

Regions

 

 

 Metropolitan

    43     46

    55     52

 Northeastern

    53     54

    79     68

 Southeastern

    72     29

    96     58

 Central

    79     57

    92     66

 Southwestern

    55     58

    75     79

 Northwestern

    64     50

    92     71

 Northern

    63     40

  104     61

Total*

    51     44

    68     57

Source: ENSMI of 1995 and of 1998/99.

* Figures cover a ten-year period prior to the survey, with the exception of the total, which covers the preceding five years.

 


 

          35.     The main causes of death in Guatemala vary in accordance with socioeconomic status, gender, and ethnic origin. Respiratory ailments and diarrhea are the leading causes among both sexes; the cause of death that ranks third among men is homicide and, among women, malnutrition. Guatemala’s two leading causes of death (respiratory ailments and diarrhea) would be highly preventable with improvements in hygiene levels, nutritional standards, and environmental conditions. The following table shows the ten leading causes of death for both sexes.[33]

 

 

Table 11

Ten Leading Causes of Death

(deaths per 100,000 people)

1997–1998

 

 

Male

Female

Rank

Causes

Causes

1

Respiratory ailments

Respiratory ailments

2

Diarrhea

Diarrhea

3

Homicide

Malnutrition

4

Heart attacks

Cancer

5

Cancer

Heart attacks

6

Malnutrition

Septicemia

7

Wounds, Fractures, Trauma

Strokes

8

Cirrhosis of the liver

Wounds, Fractures, Trauma

9

Strokes

Anemia

10

Septicemia

Cirrhosis of the liver

 

 

          36.     These figures show that malnutrition is still a serious problem and a cause for concern in Guatemala, even though incidence rates have fallen in recent years. According to the data obtained, almost 45 percent of the population suffers from chronic malnutrition (too small for their age), 2.5 percent have acute malnutrition (low weight for their size), and 24 percent have global malnutrition (low weight for their age). The next table shows the malnutrition figures broken down by region, sex, area, and ethnic origin.

 

 

Table 12

Changes in Malnutrition by Region, Sex, Area, and Ethnic Origin

(percentages)

1995, 1998-99

 

Chronic

Acute

Global

 

1995

1998/9

1995

1998/9

1995

1998/9

Total

49.7

46.4

3.3

2.5

26.6

24.2

Sex

 

 

 

 

 

 

  Boys

50.4

47.6

3.6

2.6

25.9

25.7

  Girls

49.1

45.1

2.9

2.4

27.3

22.5

By Age

 

 

 

 

 

 

  Under six months

11.5

15.3

1.4

1.5

3.3

3.3

  6 months to 1 year

32.5

25.7

2.9

3.4

18.5

19.9

  1–2 years

57.2

53.1

6.1

5.6

35.2

32.8

  2–3 years

57.3

50.3

3.8

1.4

35.4

25.8

  4–5 years

  5–6 years

56.7

58.6

2.8

1.7

27.1

26.2

57.4

47.2

1.1

1.4

24.4

22.9

Area Type

 

 

 

 

 

 

  Urban

35.3

32.4

2.7

2

18.2

15.6

  Rural

56.6

54.4

3.5

2.8

30.6

29.1

Ethnic Origin

 

 

 

 

 

 

  Indigenous

67.8

67.3

3.3

2.2

34.6

33.6

  Nonindigenous

36.7

34.1

3.2

2.7

20.9

18.6

Regions

 

 

 

 

 

 

  Metropolitan

33.5

28.6

3.3

2.3

18.3

18.9

  Northern

55.3

56.7

2.7

0.3

24.9

19.4

  Northeastern

43.9

49.1

3.9

5.8

23.1

29.1

  Southeastern

45.4

45.6

2.6

1.9

26.4

21.4

  Central

45.7

45.5

4.7

2.5

27

21.7

  Southwestern

59.5

54.8

3.5

2.7

32.9

29.4

  Northwestern

69.9

69.2

2.2

2.5

34.9

33.4

  Petén

na

46.2

na

1.7

na

19.8

Source: UNDP 1999.

 

 

F.       Persons with Disabilities

 

          37.     Persons with disabilities face additional obstacles in exercising the full range of economic, social, and cultural rights due to them, including access to health care, education, and employment opportunities under fair and equitable conditions. Pursuant to Article 53 of the Constitution, which provides protection for individuals with physical, mental, and sensorial limitations, and the provisions of the peace accords, which assign top priority to the needs of people who suffered as a result of the conflict and of veterans of either the army or of the URNG with disabilities, in 1996 Congress enacted Decree 135-96, the Law on Attention for People with Disabilities. This law establishes general obligations for the State and civil society that are intended, inter alia, to ensure that persons with disabilities enjoy equal access to opportunities and services, to abolish the different forms of discrimination that keep persons with disabilities from exercising their rights, and to support their comprehensive rehabilitation.

 

          38.     One of the most valuable measures demanded by this law was the creation of the National Council for Persons with Disabilities (CONADI), which is made up of representatives of state agencies responsible for establishing policy in the relevant areas, including the ombudsman and delegates from civil society. Its composition reflects one of the law’s objectives: guaranteeing that people with disabilities can participate in designing the programs and policies that affect them. Nevertheless, nongovernmental organizations working in this area have told the Commission that since the CONADI’s creation several years ago, it has not been receiving the funding needed for it to make real progress toward achieving its goals.[34]

 

          39.     The Commission continues to receive information about the hurdles faced by people with disabilities, particularly in the areas of education, health care, and employment. In the area of education, for example, information from nongovernmental sources indicates that in certain cases, children with special needs who could nonetheless flourish in the public school system are pressured into special education programs or into remaining at home; at the same time, the special education services available for those children who really need them are few and far between, particularly in rural areas where access to education is already severely restricted. The Commission has received information about a pilot program to provide integrated education in ten public schools that was launched in the metropolitan region some years ago, and looks forward to receiving further information about this initiative and other similar positive efforts. Access to education is absolutely critical for all children, and it plays a key role in guaranteeing that people with disabilities develop their potential, find useful employment in the future, and participate fully within society.

 

40.     Access to technical and professional training is equally important for adults with disabilities. In this regard, in its comments on the draft report, the State noted that the Technical Training and Productivity Institute (INTECAP), “albeit with limitations, is working to train such people in skills or trades that will enable them to do jobs that, in addition to earning them incomes, can allow them to work on their own behalf and not necessarily in a dependent capacity.”  The State also reported that this program is operating in the main regions of the country.

 

41.     Access to health care is also essential, both to prevent all preventable forms of disability and to ensure early detection, intervention, and rehabilitation in other cases. In addition, although some first steps have been taken to improve access to buildings and mobility—for example, special platforms for wheelchairs have been installed on some buses in the capital—major challenges still remain unresolved.

 

          42.     The Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities, which was opened for signature in Guatemala City in June 1999, contains additional provisions that are consistent with the general goals of the Law on Attention for People with Disabilities and that are intended to guarantee the right of disabled people to exercise their basic rights and freedoms free of discrimination. The Commission urges the State to give close consideration to the ratification of this instrument of protection.

 

 

          G.      Fiscal Pact

 

          43.     The Guatemalan State urgently needs to resolve the serious economic and social problems it faces. Resolving those problems largely depends on due compliance with the fiscal income and expenditure commitments set forth in the peace accords. In this context, fiscal policy is of particular importance, in that it is one of the main tools for ensuring a more equitable distribution of the fruits of economic development and for supporting Guatemala’s sustainable development in the medium and long term.[35]

 

          44.     The Agreement on Social and Economic Aspects stipulates that tax policy “should be designed to enable the collection of the resources needed for the performance of the State's functions,” and that it should be based on a system that is fair, equitable, obligatory, and globally progressive.[36] Thus, in order to increase the State’s income for tackling society’s different needs and for promoting social development, in the peace accords the Government agreed to ensure that “by the year 2000, the tax burden, measured as a ratio of gross domestic product, increases by at least 50 percent as compared with the 1995 tax burden.”[37] This target (year 2000) was rescheduled, and it was decided that by the year 2002 the tax burden would be equal to 12 percent of GDP.

 

45.     The agreement also addressed the need for developing a national consensus regarding fiscal policy, a process requiring the participation of different social actors. Thus, a Fiscal Pact Preparatory Commission was set up, which produced the document Toward a Fiscal Pact in Guatemala, which served as the basis for reaching agreement.  On May 25, 1999, after a lengthy period of dialogue and negotiation, more than 130 social organizations and representatives of the three branches of Government signed the document entitled Fiscal Pact for a Future with Peace and Development. Subsequently, representatives of civil society and of the business community signed the Political Agreement for Financing Peace, Development, and Democracy in Guatemala, which contains concrete measures marking the start of changes in tax and administrative structures for building Guatemala’s new fiscal system.

 

          46.     The Commission values the signing, with broad social participation, of the Political Agreement for Financing Peace, Development, and Democracy in Guatemala. The Fiscal Pact itself and the increased tax burden are not goals in and of themselves; instead, they are mechanisms for bringing about greater social justice and sustainable development.

 

Conclusions and Recommendations

 

47.     The peace accords have served as a basic framework of reference for socioeconomic policy in Guatemala. In recent years there has been some progress in the protection of social and economic rights in Guatemala but, at the same time, the Guatemalan people are still entrenched in poverty, without access to basic services, lacking opportunities, and living in a society of great social and economic inequalities.

 

48.     Lack of access to education and continuing high illiteracy rates — together with shortcomings in health services, high levels of infant and maternal mortality, malnutrition, the absence of basic hygiene services in households, among other deficiencies — prevent true human development and, consequently, the sustainable development of Guatemala. Moreover, in Guatemala people with disabilities encounter additional hurdles in exercising their economic, social, and cultural rights.

 

49.     Although the Guatemalan State has made a great effort to reach agreement on the Fiscal Pact, there is still much to be done in order that it may effectively satisfy social demands.

 

          50.     In consideration of the above analysis and conclusions, the Commission recommends that the State:

 

1.       Continue to make every effort to reach the goals set in the peace accords, to ensure an equitable distribution of wealth and to provide the State with additional resources for financing public investment and social spending.

 

2.       Duly comply with the Fiscal Pact and implement proper mechanisms to prevent tax evasion.[38]

 

3.      Continue to work in conjunction and constructively with the representatives of civil society, in pursuit of social justice and sustainable development for the present and future generations in facing the different problems and challenges that lie ahead.

 

4.       Expand the efforts underway for supporting and funding the implementation of the recommendations of the Commission for Historical Clarification intended to repair the damage caused by the human rights violations that occurred during the armed conflict.

 

5.       Ratify the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities.

  

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[29]   See UNDP Report on Guatemala, 1999.

[30]   Id.

[31]   Between 1995 and 2000, the general mortality rates in the other Central American nations were as follows: Costa Rica, 3.9; El Salvador, 6.1; Honduras, 5.4; Nicaragua, 5.8; Panama, 5.1. See: ECLAC, Indicadores Sociales Básicos de la Subregión Norte de América Latina y El Caribe; LC/MEX/L.387, August 10, 1999.

[32]   The Guatemalan State noted in its response to the draft report that, thanks to the efforts it made between 1980 and 2000, infant mortality fell from 91 deaths per thousand live births to only 46.

[33]   See UNDP 1999 Report on Guatemala.

[34] The Guatemalan State has noted that to comply with the goals contained in its annual operating plans, Congress approved the amount of Q5,585,738.00 for financial year 2001, which represents a 74 percent increase over the year 2000 level.

[35] Traditionally, Guatemala has had extremely light fiscal burdens, averaging out at 7.8 percent of GDP. In contrast, the average for Latin America as a whole is 13.5 percent.

[36] In Guatemala, revenues from indirect taxes account for between 75 and 80 percent of the total. Not only does this mean that the Guatemalan tax system is highly regressive, it also has the effect of strengthening social inequalities in income distribution.

[37] In its comments to the draft report the Guatemalan State noted that it was unable to meet that target because of private sector resistance to a tax reform that would ultimately lead to a greater burden of direct taxation. The State also explained that “the productive sector does not strictly speaking oppose the tax reform process; however, it will support it only if it chiefly relies on indirect taxes, essentially VAT, believing that direct taxation punishes entrepreneurial initiative and effort and tends to dissuade private investment.”

[38] In its comments on the draft report the State reported that “tax evasion in Guatemala is alarming. Although no exact figures are available, a simple calculation shows its importance and its detrimental impact on efforts to improve tax revenues. In 1998, for example, VAT revenue totaled Q5,299.1 million; however, according to that same year’s private spending figure (Q105,428.5), that total conceals an evasion rate of almost 50 percent.