“The region cannot continue down the path of repressing protests, militarizing borders and public security, environmental destruction and failing to protect historically marginalized communities, such as Indigenous peoples and human rights defenders,” said Erika Guevara-Rosas, Americas director at Amnesty International. “The heads of state in the Americas must change course and seek solutions to create a freer and safer continent, with full respect for the human rights of all.”

Amnesty International’s concerns include the excessive use of force to suppress social protests, seen in several countries in the region and most recently in Peru. States in the Americas must ensure that individuals can exercise their right to peaceful protest and that any use of force by the security forces when policing demonstrations is necessary, legitimate and strictly proportionate. The organization also calls on states to end arbitrary detentions, unlawful killings, torture and other ill-treatment, which are frequently committed in much of the region.

Another issue that must be urgently addressed by states in the region is that of human mobility and the need for international protection, specifically in the case of people fleeing human rights crises in countries such as Venezuela, Cuba, Haiti, Nicaragua, Honduras, El Salvador and Guatemala. It is alarming how restrictive and even inhumane migration policies, such as those of the USA, Mexico, Peru and Chile, have endangered people in need of international protection, rather than seeking cooperation to address the humanitarian crisis at various borders across the continent.

The region cannot continue down the path of repressing protests, militarizing borders and public security, environmental destruction and failing to protect historically marginalized communities, such as Indigenous peoples and human rights defenders 

Erika Guevara-Rosas, Americas director at Amnesty International

Amnesty International also believes that states must find alternatives to address public security crises other than militarization, which has become the norm in several countries in the region. The use of the armed forces for public security tasks has been intensified in countries such as Mexico and Ecuador, which has created contexts that facilitate grave human rights violations without addressing the root causes of criminal violence.

States must take urgent action to protect human rights defenders; the Americas remains the most dangerous region for human rights defenders. According to Front Line Defenders, Colombia was the world’s deadliest country for defenders in 2022, with at least 186 killings, followed by Mexico (45), Brazil (26) and Honduras (17).

The climate crisis is another danger that threatens the region. Although the impacts of climate change on rural and historically marginalized communities are becoming increasingly clear, states’ efforts have been insufficient and have failed to address dependence on fossil fuels, the main factor behind the crisis.

Similarly, states have not done enough to guarantee the rights of Indigenous peoples in the Americas. Over the past year, Amnesty International has documented cases of killings of Indigenous leaders in countries including Brazil, Colombia, Ecuador and Mexico in the context of land-related conflicts. Meanwhile, several states have proceeded with or granted concessions to national and multinational companies to implement extractive, agricultural and infrastructure projects without the free, prior and informed consent of the affected Indigenous peoples.

Violence and discrimination against women, girls and LGBTI people is another historical problem that urgently needs a concerted response. States in the region continue to fail to adequately address the very high levels of gender-based violence, including feminicides, and several states have taken measures that endanger people’s sexual and reproductive rights.

Finally, the General Assembly is due to elect four people to the Inter-American Commission on Human Rights (IACHR). Faced with the withdrawal of nominations from four countries, Amnesty International urges states in the Americas to elect people with the highest credentials, in line with the principles of suitability, impartiality, independence and recognized competence in the field of human rights, and to ensure that nominations and the withdrawal of nominations is firmly based on the inter-American legal framework.

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“The development of autonomy in weapons is accelerating, and the growing application of new Artificial Intelligence and machine learning technologies is a deeply worrying development. These machines risk automating killing, treating it as a technical undertaking which raises human rights risks as well as humanitarian, legal and ethical concerns. Autonomous machines will make life and death decisions without empathy or compassion.

The development of autonomy in weapons is accelerating, and the growing application of new Artificial Intelligence and machine learning technologies is a deeply worrying development.

Agnès Callamard, Secretary General, Amnesty International

“Autonomous weapon systems lack the ability to analyse the intentions behind people’s actions. They cannot make complex decisions about distinction and proportionality, determine the necessity of an attack, refuse an illegal order, or potentially recognize an attempt to surrender, which are vital for compliance with international human rights law and international humanitarian law.

“These new weapons technologies are at risk of further endangering civilians and civilian infrastructure in conflict. Amnesty International remains concerned about the potential human rights risks that increasing autonomy in policing and security equipment poses too, such as systems which use data and algorithms to predict crime.

“It has never been more urgent to draw legal red lines around the production and use of autonomous weapons systems to ensure we maintain meaningful human control over the use of force.

“Amnesty International supports the call made by governments from Latin American and Caribbean countries today for binding international legal controls on these weapons and welcomes the decision to work in alternative forums, beyond the Convention on Certain Conventional Weapons (CCW) where talks have stalled, to advance this new law.”

Background

The Regional Conference on the Social and Humanitarian Impact of Autonomous Weapons in San José, Costa Rica is the first of its kind and involved regional and observer governments, representatives of the United Nations, the International Committee of the Red Cross and civil society. Amnesty International is a founding member of Stop Killer Robots, a global coalition of more than 160 organizations working to address autonomy in weapons systems.

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“It is alarming that the Guatemalan authorities have been incapable of guaranteeing Virginia Laparra’s most basic defence rights and due process. One year after her arrest, it is clear that the multiple arbitrary actions and irregularities in the case put forward by the prosecution and the Judiciary are due to the authorities’ obsession with punishing all the people who have contributed to the fight against corruption and impunity,” said Erika Guevara-Rosas, Americas Director at Amnesty International.

One year after her arrest, it is clear that the multiple arbitrary actions and irregularities in the case put forward by the prosecution and the Judiciary are due to the authorities’ obsession with punishing all the people who have contributed to the fight against
corruption and impunity.

Erika Guevara-Rosas, Americas Director, Amnesty International

“Virginia Laparra must be released immediately and unconditionally. Every day in prison puts her health and rights at serious risk, in addition to aggravating the human rights context in the country,” she added.

Virginia Laparra must be released immediately and unconditionally. Every day in prison puts her health and rights at serious risk, in addition to aggravating the human rights context in the country.

Erika Guevara-Rosas, Americas Director, Amnesty International

Virginia Laparra was arrested on 23 February 2022 in Quetzaltenango. On 16 December 2022, a Court in Guatemala City sentenced her to four years in prison for the crime of ongoing abuse of authority. Amnesty International reiterates its dismay at this conviction, which is based on the court’s analysis that the then prosecutor committed a crime solely by initiating an administrative lawsuit accusing a judge of corruption.

In addition, on 19 October 2022, while she was in preventive detention for this first case, a new arrest warrant was issued against the former prosecutor related to another criminal complaint filed by the same judge that Laparra had previously accused and which led to further criminal proceedings in Quetzaltenango. Amnesty International notes with concern that the authorities condoned the use of vexatious litigation, forcing Virginia Laparra to defend herself simultaneously in two parallel proceedings initiated by the same person for the same acts. In addition, the organization received information about misogynistic attacks against Virginia Laparra and her legal team during the hearings and recesses and that these attacks were repeatedly tolerated by the authorities in both cases.

In addition, Amnesty International verified that after her arrest on 23 February last year, the authorities failed to take her first statement within the 24 hour deadline laid down by the constitution. Furthermore, the authorities did not justify, in accordance with international standards, why they sent and kept Virginia Laparra in preventive detention. On the contrary, the authorities distorted the process to such an extent that they used the legal actions brought by the former prosecutor as part of her right to defence, as well as the statements made by her and her legal team to the press, to justify refusing her conditional release.

Amnesty International also expresses its concern at other violations of the rights of Virginia Laparra in prison, including detention conditions incompatible with human dignity in the Mariscal Zavala prison, and the lack of timely health care.

Furthermore, Amnesty International believes that the limitations on access for the press and national and international observers in the first stage of the court proceedings in Guatemala City last year, as well as the recent declaration of confidentiality in the case before the Quetzaltenango court, without any valid justification under international law standards, violate Virginia Laparra’s right to an impartial and independent public hearing. Amnesty International reminds the authorities that public hearings maintain society’s confidence in the justice system and form part of the right to inform and receive information.

According to the information received, dozens of judicial officials, human rights defenders, and journalists are facing unfounded criminal proceedings, and at least 29 judicial officials have had to leave the country in recent years for fear of being the target for criminal prosecutions.

“Virginia Laparra is a prisoner of conscience detained solely for her work investigating corruption cases. The unfounded lawsuits against her and the multiple violations of her rights are a clear sign that there is no due process for those who led the fight against corruption and impunity in Guatemala. We reiterate our call to the authorities to immediately and unconditionally release Virginia Laparra, and to put an end to the harassment and unfounded criminal prosecution of judicial officials, human rights defenders, and journalists,” Erika Guevara-Rosas added.

We reiterate our call to the authorities to immediately and unconditionally release Virginia Laparra, and to put an end to the harassment and unfounded criminal prosecution of judicial officials, human rights defenders, and journalists.

Erika Guevara-Rosas, Americas Director, Amnesty International

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“Virginia Laparra is a prisoner of conscience who has been unjustly deprived of her liberty for more than nine months. The criminal prosecution initiated against her is unfounded and solely due to her work as a prominent anti-corruption prosecutor. Virginia Laparra must regain her freedom immediately.”

The trial against her for the crime of continuous abuse of authority, for which she could face a sentence of up to nine years in prison, began on 28 November. Amnesty International has found multiple irregularities in the investigation and handling of this case, which is framed in a context of reprisals and criminalization against magistrates, judges, prosecutors, journalists and human rights defenders who have fought against impunity and corruption.

Virginia Laparra is a prisoner of conscience who has been unjustly deprived of her liberty for more than nine months.

Erika Guevara-Rosas, Americas Director, Amnesty International

Virginia Laparra was arrested when she left her work on 23 February 2022 and has been held in preventive detention since then. Amnesty International found that the judicial authorities have violated her rights to liberty and due process. The court in charge of the case unjustifiably exceeded the deadline for taking her first statement and has denied her requests to continue her trial at liberty on arbitrary grounds.

Since 2019, the former prosecutor has had to defend herself simultaneously in two parallel processes initiated by the same plaintiff in Guatemala City and Quetzaltenango, despite the fact that they relate to the same events. The criminal proceeding has progressed to date, despite there being no evidence to support the accusation, nor clarity regarding the characterization and substantiation of the alleged unlawful conduct. The multiple violations found by Amnesty International also constitute arbitrary detention, according to the definition of the United Nations Working Group on Arbitrary Detention.

“It is unacceptable that the highest authorities lend themselves to the manipulation of the criminal justice system to harass and punish those who have contributed to significant advances in the fight against impunity in emblematic cases of corruption and human rights violations, thus dignifying Guatemala’s justice system in the eyes of its population,” added Erika Guevara-Rosas.

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The trial of former prosecutor Laparra is due to begin today, 28 November, before the Eighth Criminal, Drug and Environmental Court in Guatemala City. She is charged with ongoing abuse of authority, a crime for which she could face up to nine years in prison.

“Following a thorough review of the criminal case, we have found serious shortcomings as regards the charges against former prosecutor Virginia Laparra, as well as multiple irregularities in the handling of the case. Not only is there no solid evidence that she has committed any crime, but it is clear that the reasons given by the court for rejecting her requests to be released while proceedings continue are arbitrary,” said Erika Guevara-Rosas, Americas Director at Amnesty International.

Following a thorough review of the criminal case, we have found serious shortcomings as regards the charges against former prosecutor Virginia Laparra, as well as multiple irregularities in the handling of the case. Not only is there no solid evidence that she has committed any crime, but it is clear that the reasons given by the court for rejecting her requests to be released while proceedings continue are arbitrary

Erika Guevara-Rosas, Americas Director at Amnesty International

As part of FECI, former prosecutor Laparra led large-scale investigations into corruption and crime. The criminal proceedings against her began in 2018, after she reported a judge to the Disciplinary Board of the Judiciary for possible inappropriate behaviour as a sitting judge, namely leaking confidential information about a case he was dealing with. In retaliation, this same judge filed two criminal complaints against her on the same grounds: the first in July 2018 in Quetzaltenango and the second in August 2019 in Guatemala City.

Virginia Laparra was arrested on 23 February 2022 as she left work in Quezaltenango and she has been unjustly held in pre-trial detention ever since.

Amnesty International is deeply concerned about shortcomings and irregularities in the proceedings against Virginia Laparra, which include the lack of substantiation of the alleged offence, the pursuit of criminal prosecutions against the former prosecutor on the same grounds before two different judges and the instrumentalization of the criminal process to deprive her of her liberty without grounds, among others. The organization concludes that the rights of former prosecutor Laparra to due process and a fair trial have been violated, which also constitutes arbitrary detention for her work investigating corruption cases. These factors, together with the virulent smear campaigns on social media, are characteristic of patterns of criminalization in the country that Amnesty International has documented for years.

“Virginia Laparra is being persecuted solely for independently exercising her function as a prosecutor and therefore, Amnesty International considers her to be a prisoner of conscience and calls for her immediate and unconditional release. It is inexcusable that the highest Guatemalan authorities have allowed this case to be instrumentalized by those opposed to the fight against impunity and corruption. The baseless criminal prosecution of those responsible for the administration of justice who have played a prominent role in this struggle must end immediately,” said Erika Guevara-Rosas, Americas Director at Amnesty International.

Virginia Laparra is being persecuted solely for independently exercising her function as a prosecutor and therefore, Amnesty International considers her to be a prisoner of conscience and calls for her immediate and unconditional release

Erika Guevara-Rosas, Americas Director at Amnesty International

Amnesty International will be following the trial of former prosecutor Virginia Laparra in the coming days. The organization calls on the Public Prosecutor’s Office to drop the charges against her and to request her immediate and unconditional release.

For more information or to arrange an interview, please contact Carlos Mendoza: press@amensty.org 

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“The main theme of the OAS General Assembly is ‘together against inequality and discrimination’, but it is time for governments to move from words to urgent action to tackle the systemic failures that are preventing the full realization of human rights for all people in the region. This requires comprehensive action to dismantle inequality, racism, and discrimination,” said Erika Guevara-Rosas, Americas director at Amnesty International.

As Amnesty International has documented, the Covid-19 pandemic highlighted and exacerbated the deep structural inequalities in the Americas that are rooted in economic, racial and gender-based factors. Many people in the region, among them women, Indigenous people, and people of African descent, suffered disproportionately in terms of rights to life, health, social protection, and the rights to an adequate standard of living and to work.

Emergency measures adopted by governments to deal with the pandemic have not been sufficient insofar as complying with their duty to eradicate discrimination and actively promote substantive equality in the enjoyment of human rights, particularly economic and social rights.

The main theme of the OAS General Assembly is ‘together against inequality and discrimination’, but it is time for governments to move from words to urgent action to tackle the systemic failures that are preventing the full realization of human rights for all people in the region.

Erika Guevara-Rosas, Americas director at Amnesty International

Furthermore, the structural problems in the health systems in the Americas in terms of free and universal access and adequate budgetary and human resources mean that the healthcare systems do not comply with the requirements of accessibility, availability, quality, and cultural relevance established by the right to health.

Almost every country in the region spends less than 6% of its Gross Domestic Product (GDP) on public health, which is the standard set by the Pan-American Health Organization to achieve universal health coverage. Governments in the Americas must, at the very least, ensure that public spending on health is at least 6% of GDP as established by PAHO. To achieve this, they must organize their tax policies, both in revenue collection and expenditure, in order to progressively seek to significantly reduce discrimination and inequality.

The American continent is the location of some of the world’s most important cross-border movements of people. The human rights crisis in Venezuela has forced more than 6.8 million people to flee the country in search of international protection. Meanwhile, the political and humanitarian crisis in Haiti has led to the movement of thousands of people who are trapped at different borders in the region. In addition, as a result of the situation of generalized violence, compounded by natural disasters associated with climate change in Central America, tens of thousands of people from El Salvador, Honduras and Guatemala have set off for the north of the continent.

For women refugees and migrants, their migration status is a risk factor that increases their vulnerability, exposing them to gender-based violence throughout the migration route or in the cities where they decide to stay. A recent Amnesty International investigation revealed that figures on gender-based violence against Venezuelan women refugees in Colombia and Peru have increased alarmingly in recent years. 

In the case of Haiti, Amnesty International concluded that the mass or collective expulsions of Haitian asylum seekers by US authorities under Title 42 form part of a practice of detention, exclusion, and deterrence based on systematic discrimination against people of African descent. The treatment of Haitians by US authorities constitutes race-based torture under international human rights law.

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The powerful implement policies that leave us impoverished and obstruct all kinds of opportunities for human, social and professional development. Very few governments invest in education, health or infrastructure in communities where Indigenous Peoples are a majority. On the contrary, the total lack of state presence is noticeable.

Governments and economic powers continue to reduce our customs and ways of life to folklore, exploiting parts of Indigenous culture to attract tourism when it suits them.

States and extractive companies act in a racist and exclusionary manner when they implement projects or megaprojects that affect our communities without respecting nor complying with national laws or international standards on prior information and consultation. As Indigenous communities we have ancestral wisdom and practice principles and values that guide us not to consent to the megaprojects or monoculture plantations that they want to establish in our territories.

In our cultures we have always been taught, from generation to generation, about the love and respect that we must have for hills, valleys, rivers, mountains and forests, for the air that we breathe, the rain and other elements of mother nature. Any damage that we allow to be done to them is damage that is being done to ourselves. Therefore, we are the caretakers and guardians of mother nature in our territories. To us, it is an insult and a lack of respect when companies arrive to loot and plunder the natural resources that we have done so much to protect.

When we express our disagreement with the damage that these companies cause to mother earth or the environment, it is the state itself that represses us during protests, criminalizes us and uses or manipulates legal proceedings in order to imprison Indigenous leaders solely for defending human rights. There are many people imprisoned who are victims of delaying tactics in court proceedings in order to punish them by means of psychological torture.

I, Bernardo Caal Xol, of the Q’eqchi’ Maya People in Guatemala, am a guardian against the Oxec S.A. electric company, which has diverted and seized the Cahabón river, leaving thousands of families and living beings without access to the water they have used for centuries from the sacred river in our territory.

Together with the communities of Cahabón and Alta Verapaz, I denounced the violation of the right to information and consultation of the Q’eqchi’ People in the granting of environmental licenses and concession of the Cahabón river to the Oxec and Oxec II projects. I denounced the environmental crime of unlicensed logging of 15 hectares of natural forest – forests play a fundamental role in combatting climate change. I also denounced the construction of the hydroelectric plants, the illegal appropriation of national land and the deprivation of access to water of the Q’eqchi’ Indigenous inhabitants of the banks of the Oxec and Cahabón rivers.

I have been persecuted and criminalized for making these denunciations on behalf of my people. On 24 March I was released from prison having served a sentence based on crimes fabricated by companies and the state. This is how I witnessed and proved the way in which corporations co-opt state structures in Guatemala.

The state responded to our complaints and demands by imprisoning and torturing the representatives of Indigenous Peoples so that we would not reclaim our rights, mainly in regard to the implementation of megaprojects that do not benefit the majority. The electricity produced by the companies in my community is not for the Q’eqchi’ families, it is for commercial use in other countries, meanwhile our communities do not have electricity. Our families still use lamps, so we are certain the companies are stripping us of our natural resources.

Amnesty International carried out a comprehensive investigation into my case and in June 2020 declared me a Prisoner of Conscience, having determined that I was only defending the collective rights of my territory in a peaceful manner, yet I was still wrongfully imprisoned for four years and two months.

This 9 August, the International Day of the World’s Indigenous Peoples, I raise my voice to demand that governments around the world do not continue to criminalize our Indigenous brothers and sisters. They must respect the territories that we live in. They must respect the natural resources that we have protected as we have been taught by our ancestors.

The right to self-determination of peoples and the right to free, prior and informed consultation remain the fundamental pillars of our existence and the construction of democracy in every country around the world. I therefore call for the work of human rights defenders around the world to be respected and protected.

Likewise, I call on governments to enforce and respect international laws and agreements so that companies can be held responsible for the damage they have caused to mother earth, the environment and biodiversity, particularly now that we are facing serious consequences due to climate change.

As Indigenous Peoples we find ourselves in a very difficult situation, because we are still struggling with COVID-19, we are those who are most vulnerable to the impacts of climate change, we continue to defend our territory against looting and pillaging, we continue fighting to defend water, our rivers and forests and on a daily basis we continue to face the structural racism, patriarchy and colonization imposed on us by the state in every country we live in.

For all of the above reasons, every government in Latin America and the Caribbean must approve and sign the Escazú Agreement, an unprecedented regional treaty to guarantee the right to a healthy environment and protect the work that we do as defenders of the land, territory and environment. This is a matter of urgency.

Bernardo Caal Xol’s case was part of the 2021 edition of Write for Rights, an annual campaign by Amnesty International and the world’s biggest human rights event.

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“The tragedy in San Antonio is a devastating example of the failure of states across the Americas to protect migrants and asylum seekers. It is heartbreaking to reflect that this has happened before and it will continue to happen until there are profound changes in the migration policies of the United States and neighboring countries.”

“Cruel and inhumane migration policies endanger lives, forcing people into taking ever-more risky routes when all they want is to find a safe place where they can rebuild their lives. Instead of pushing migrants and asylum seekers into desperate situations where they risk suffocation, drowning or dying of thirst, states must put human rights at the center of their policies and uphold their international obligations to protect them.” 

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Amnesty International Report 2021/22: The State of the World’s Human Rights details how, two years into the pandemic, the Americas is still the region with the most deaths from Covid-19, largely due to limited and unequal access to healthcare, poorly funded public health systems, and inadequate social protection policies and measures for marginalized communities. Impunity for grave human rights violations and crimes under international law remains a serious concern in more than half the countries in the region, while attacks on judicial independence have also increased.

“It’s shameful and unconscionable that instead of addressing the injustices and deep-seated inequalities that have plagued the Americas for generations and exacerbated the impact of the pandemic, many governments have instead sought to silence and repress those who protest peacefully and speak out in demand of a safer, fairer and more compassionate world,” said Erika Guevara-Rosas, Americas director at Amnesty International.

The Americas has achieved the world’s second-highest vaccination rates per capita, with Cuba and Chile leading the way in vaccinating over 90 percent of their populations, but unequal regional access has undermined protection in countries like Haiti, where less than two percent of the population had been vaccinated as of 10 March 2022. Meanwhile, wealthy nations such as the USA and Canada stockpiled more doses than needed and turned a blind eye as Big Pharma put profits ahead of people, refusing to share their technology to enable wider distribution of vaccines.

“Many states in the Americas have made encouraging progress in vaccinating their populations, but they must do much more to ensure equal and universal access to vaccines in every country and address the socioeconomic impact of the pandemic, which has disproportionately affected those who already face multiple and intersecting forms of discrimination and marginalization, such as women and Indigenous and Afro-descendent people,” said Erika Guevara-Rosas.

Even before the pandemic, the Americas had the world’s highest rates of income inequality. The continent’s uneven economic recovery last year made little impact on the consequences of decades of structural inequality and proved insufficient to reverse the 2020 economic downturn, which brought record unemployment, falling incomes and increases in poverty. This has worsened preexisting humanitarian emergencies in countries like Haiti and Venezuela, where millions of people continue to lack access to sufficient food and health care.

It’s shameful and unconscionable that instead of addressing the injustices and deep-seated inequalities that have plagued the Americas for generations and exacerbated the impact of the pandemic, many governments have instead sought to silence and repress those who protest peacefully and speak out in demand of a safer, fairer and more compassionate world

Erika Guevara-Rosas, Americas director at Amnesty International

Meanwhile, efforts to stifle independent and critical voices gathered steam in 2021 as states deployed a widening gamut of tools and tactics, including threats, harassment, politically motivated arbitrary arrests, unfounded prosecutions, unlawful surveillance, excessive use of force, enforced disappearance and unlawful killings, to crack down on the rights to freedom of expression, association and peaceful assembly.

At least 36 states in the USA introduced more than 80 pieces of draft legislation limiting the right to freedom of peaceful assembly, while in Colombia authorities brutally repressed protesters during last year’s National Strike, resulting in 46 deaths, 3,275 arbitrary detentions, over 100 ocular injuries, and 49 reports of sexual violence.

Cuban authorities also arbitrarily detained hundreds of people during historic protests last July and banned another march to call for their release in October, as well as resorting to internet shutdowns to prevent people from sharing information about repression and organizing in response. Surreptitious digital technologies were further weaponized in El Salvador, where NSO Group’s Pegasus spyware was deployed against journalists and activists on a massive scale.

Dozens of journalists and media workers were threatened, censored, attacked and detained across the region, with Mexico remaining the world’s most lethal country for journalists after recording nine killings in 2021 and at least eight more in early 2022.

Excessive and unnecessary use of force in law enforcement operations also proved deadly in many countries, including Brazil, where the deadliest ever operation by police in Rio de Janeiro left 27 residents of the Jacarezinho favela dead last May. In the USA, police shot dead at least 888 people in 2021, with Black people disproportionately impacted.

Racism and discrimination remained prevalent across the Americas, with inadequate access to water, sanitation, health services and social benefits exacerbating the impact of the pandemic on Indigenous peoples in particular. Guatemala, Honduras, Mexico, Paraguay, Peru and Venezuela all continued to allow major extractive, agricultural and infrastructure projects to proceed without obtaining the free, prior and informed consent of affected Indigenous peoples, and sometimes despite judicial orders to suspend operations.

Despite some progress, action on climate change remained limited. The Escazú Agreement, a regional treaty for environmental justice and the protection of environmental defenders in Latin America and the Caribbean, finally came into force last April, although Cuba, Honduras and Venezuela have yet to sign it and 12 other countries have still not ratified it. The USA rejoined the Paris Agreement under President Biden and sought to reverse hundreds of laws and policies that the Trump administration passed to deregulate the environmental and energy sectors, but it continued to approve oil drilling projects on federal land.

Brazil’s President Bolsonaro continued to encourage deforestation and extraction of natural resources in the Amazon, exacerbating the impact of the climate crisis on Indigenous peoples’ lands and territories, and drawing accusations of genocide and ecocide before the International Criminal Court. Elsewhere, Canada continued to subsidize the fossil fuel industry, Bolivia passed regulations that incentivized logging and the burning of forests, and Mexico, the world’s 11^th largest greenhouse gas emitter, failed to present new emission reduction targets at COP26.

Tens of thousands of people – mostly from Guatemala, Haiti, Honduras and Venezuela – fled human rights violations related to violence, poverty, inequality and climate change throughout the year. Yet the governments of Canada, Chile, Curaçao, Mexico, Peru, Trinidad and Tobago, and the USA continued to prohibit the entry of refugees, asylum seekers and migrants, and violated international law by deporting, without proper consideration of their claims, those who did make it across borders.

Tens of thousands of Haitian refugees sought international protection, but governments across the region failed to shield them from detention and unlawful pushbacks, extortion, racial discrimination and gender-based violence. US border control officials pushed back over a million refugees and migrants at the US-Mexico border, including tens of thousands of unaccompanied children, using Covid-19 public health provisions as a pretext.

Gender-based violence remains a major concern across the region, with measures to protect women and girls inadequate throughout the region, and investigations into domestic violence, rape and femicide often flawed. Mexico recorded 3,716 killings of women in 2021, of which 969 were investigated as femicides, while Mexican security forces used excessive force, arbitrary detentions and sexual violence against women protesters. Both Paraguay and Puerto Rico declared states of emergency because of increased violence against women and there were also significant increases in violence against women in Peru and Uruguay.

The Americas saw some limited progress in the recognition of the rights of LGBTI people last year with Argentina introducing identity cards recognizing people who identify as non-binary and passing a law to promote the employment of trans people. President Biden’s government took steps to repeal the previous administration’s discriminatory policies toward LGBTI people in the USA, but hundreds of state-level bills were also introduced that would curtail their rights.

From Argentina to Colombia, the green tide has built up unstoppable momentum and shown that change is possible even in seemingly hopeless situations. The feminist activists of the Americas are an inspiration for all the world to never stop standing up for human rights 

Erika Guevara-Rosas, Americas director at Amnesty International

Legislation that would better protect the rights of LGBTI people was blocked in many parts of the region, while individuals in several countries continued to be the targets of discrimination and violence because of their sexual orientation and gender identity. The Americas accounted for 316 of 375 trans and gender-diverse people reported murdered worldwide from October 2020 to September 2021, with Brazil recording 125 killings – more than any other country on earth.

Many governments did not do enough to prioritize sexual and reproductive health in 2021. Essential services were lacking, and safe abortion services remained criminalized in most countries, with the Dominican Republic, El Salvador, Haiti, Honduras, Jamaica and Nicaragua maintaining total bans on abortion. State governments in the USA introduced more abortion restrictions than in any other year, with Texas enacting a near-total ban that criminalizes abortion just six weeks into pregnancy.

Undeterred, Latin America’s vibrant feminist movement has continued to gain momentum since Argentina legalized abortion in late 2020, with Mexico’s Supreme Court declaring the criminalization of abortion unconstitutional in September 2021 and in Colombia’s Constituional Court decriminalizing abortion during the first 24 weeks of pregnancy in February 2022.

“From Argentina to Colombia, the green tide has built up unstoppable momentum and shown that change is possible even in seemingly hopeless situations. The feminist activists of the Americas are an inspiration for all the world to never stop standing up for human rights,” said Erika Guevara-Rosas. 

For more information or to arrange an interview, please contact Amnesty International press office: press@amnesty.org

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“It’s great news for Bernardo, his family and Guatemala’s Indigenous Mayan Q’eqchi’ communities that he can leave prison and be reunited with his loved ones after more than four years of being a prisoner of conscience. However, Bernardo remains convicted of a crime he did not commit and thus the Guatemalan authorities continue to criminalize him for his work in defence of human rights and the environment,” said Erika Guevara-Rosas, Americas director at Amnesty International.

After reviewing the criminal case against Bernardo Caal Xol, Amnesty International found that there was no evidence of the crimes he was accused of. The proceedings against him show similar patterns of criminalization that the organization has documented against other human rights defenders in Guatemala. Amnesty International therefore considers Bernardo Caal Xol a prisoner of conscience and has been campaigning globally for years for his immediate and unconditional release.

It’s great news for Bernardo, his family and Guatemala’s Indigenous Mayan Q’eqchi’ communities that he can leave prison and be reunited with his loved ones after more than four years of being a prisoner of conscience

Erika Guevara-Rosas, Americas director at Amnesty International

“It’s regrettable that in Guatemala unfounded criminal prosecutions aimed at harassing and obstructing the work of human rights defenders – particularly environmentalists and Indigenous people, and those who fight against impunity and corruption – are such a common tactic. The people of Guatemala have suffered an unprecedented regression in human rights in recent years. The authorities have tried to dismantle the justice system and the social fabric, criminalizing everyone who fights for a more just and dignified country,” said Erika Guevara-Rosas.

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Bernardo Caal Xol, a 50-year-old indigenous teacher, trade unionist and defender of the rights of the Indigenous Maya Q’eqchi’ people and of land, territorial and environmental rights, has been wrongfully imprisoned since 30 January 2018 for defending the rights of the Maya Q’eqchi’ communities affected by the construction of a hydroelectric project on the sacred Cahabón river, in the department of Alta Verapaz, northern Guatemala. Despite the lack of factual evidence to support the charges, on 9 November 2018, the court in Cobán sentenced him to 7 years and 4 months in prison for the crimes of aggravated robbery and aggravated illegal detention.

It’s regrettable that in Guatemala unfounded criminal prosecutions aimed at harassing and obstructing the work of human rights defenders – particularly environmentalists and Indigenous people, and those who fight against impunity and corruption – are such a common tactic

Erika Guevara-Rosas, Americas director at Amnesty International

On 16 July 2020, Amnesty International named Bernardo Caal a prisoner of conscience. The Guatemalan human rights defender was one of the individuals included in Amnesty International’s annual and global Write for Rights campaign in 2021, during which people around the world took around half a million actions calling for Bernardo Caal’s release.

Bernardo Caal and his lawyers filed a cassation appeal with the Supreme Court in September 2021 to review the sentence for human rights violations, but the Criminal Chamber of the Supreme Court rejected it. Immediately afterwards, Bernardo Caal and his lawyers filed an injunction against this decision, which has not yet been resolved.

In Guatemala, local and international organizations have recorded high levels of attacks against human rights defenders, especially those involved in the fight against impunity and corruption, as well as journalists. The Unit for the Protection of Human Rights Defenders – Guatemala (UDEFEGUA) recorded 839 attacks against human rights defenders from January to November 2021. Guatemala is also one of the most dangerous countries in the world for defenders of land, territory and the environment, according to the latest Global Witness report. Thirteen environmental activists were killed in 2020, again the fourth highest rate of killings of land and environmental defenders per capita.

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“This law will not protect families or lives; it will foment hate and discrimination, putting the lives and rights of countless people at risk. It is disturbing that Guatemala’s Congress is intent on wasting time and resources on passing laws that will only compound the myriad of social problems and human rights violations that afflict so many people in the country, instead of actually trying to resolve them,” said Erika Guevara-Rosas, Americas director for Amnesty International.

The law would modify the penal code to criminalize miscarriages and impose prison sentences on anyone who “promotes or facilitates access to abortion.” It also expressly prohibits same-sex marriage, as well as the teaching of sexual diversity and gender equality in schools, and outlaws prosecuting people or groups for discriminating against others for their sexual orientation.

This law will not protect families or lives; it will foment hate and discrimination, putting the lives and rights of countless people at risk

Erika Guevara-Rosas, Americas director at Amnesty International

At least 32 LGBTIQ+ people were murdered in Guatemala last year as a result of their sexual orientation or gender identity, according to the National Observatory of LGBTIQ+ Rights, with another nine killings reported so far in 2022. The country has also suffered from alarming levels of pregnancies amongst girls and adolescents; only last year, 2,041 girls aged 14 and under gave birth, and the country registered over 65,000 pregnancies in girls and adolescents aged between 10 and 19.

“Guatemala already suffers from shocking levels of violence against women, girls and LGBTIQ+ people. By criminalizing miscarriages, prohibiting schools from teaching students about non-heterosexual relationships, and sanctioning discrimination on the grounds of sexual orientation, Guatemala’s Congress is legalizing institutionalized violence and discrimination against women, girls and the LGBTIQ+ community,” said Erika Guevara-Rosas. 

“Access to legal abortion and comprehensive sexuality education are not only human rights, but also critical policy tools for addressing adolescent pregnancies, as well as gender-based violence and discrimination. If President Giammattei wants to tackle these issues, and ensure his government complies with its human rights obligations, he must veto this indefensible bill.” 

For more information or to arrange an interview, please contact Amnesty International press office: press@amnesty.org

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This year, Amnesty International is calling for justice for 10 more brave individuals and groups, including a citizen journalist imprisoned in China for reporting on Covid-19, an environmental activist imprisoned in Guatemala for campaigning against the destruction of one of his country’s sacred rivers, a teenage journalist from the occupied West Bank and a Mexican women’s rights activist who survived a police shooting.

“Every year, Write for Rights offers a lifeline for people around the world whose human rights are under attack, simply because they stood up for what they believe in. They are challenging inequality, discrimination, political repression and campaigning to protect all our rights, whether for environmental justice or against the death penalty. The Write for Rights campaign signifies everything Amnesty stands for – people from all over the world coming with one voice, in global solidarity, to challenge injustice,” said Agnès Callamard, Amnesty International’s Secretary General.

“They need you to stand with them – whether that’s through a tweet, a signature or a letter to those in authority. Sometimes the smallest act can make the biggest difference. The last 20 years of Write for Rights shows words really do have power.”

The last 20 years of Write for Rights shows words really do have power

Secretary General, Agnès Callamard

Every December, people around the world write millions of letters, emails, tweets, Facebook posts and postcards in support of those whose human rights are under attack. Write for Rights has helped transform the lives of more than 100 people since 2001, freeing them from torture, harassment, or unjust imprisonment. 

One of the cases featured in this year’s campaign is 15-year-old Janna Jihad, who grew up in the small Palestinian village of Nabi Saleh. In 2009, when Janna was three, her community began to hold weekly peaceful demonstrations against the occupation, which were met with violence by Israeli forces. When Janna was seven, she began using her mother’s phone to record the experiences of her community, and she has been recognized as one of the youngest ever human rights reporters.

Janna has faced death threats and intimidation for her work, but is determined to keep speaking out. She said:

“Being raised in an activist family – hearing the stories of my grandma or grandpa, listening to my uncles talk about getting arrested, learning about the resistance — inspired me to not stay silent. Staying silent in such situations is impossible. Why would I stay silent if I want to change the reality of what we’re living through and what we’re still going through?”

Amnesty International is calling on supporters to write letters to demand protection for Janna.

Amnesty International is also calling for justice for:    

• Mikita Zalatarou, who just 16 when he was arrested after being caught up in crowds leaving a protest in Belarus. He was held in solitary confinement where he was reportedly tortured.
• Wendy Galarza, who was shot after attending a protest to demand justice for a murdered woman in Cancún, Mexico.
• Bernardo Caal Xol, who is imprisoned in Guatemala for campaigning against the destruction of the river Cahabón.
• Citizen journalist Zhang Zhan, imprisoned in China for her work reporting on the Covid-19 outbreak in Wuhan.
• Panusaya (“Rung”) Sithijirawattanakul, a 22-year-old activist who is facing life in prison for calling for freedom and democracy in Thailand.
• Imoleayo Adeyeun Michael, who is facing prison for taking part in the #EndSARs movement in Nigeria.
• Anna Sharyhina and Vira Chernygina, who run an LGBTI organization in Ukraine. Anna and Vera have been attacked and abused, and the authorities have failed to protect them.
• Mohamed Baker, a lawyer imprisoned in Egypt. Mohamed has dedicated his life to protecting the human rights of others.
• Ciham Ali from Eritrea, who has been missing for more than eight years. When she was 15, she was taken by the Eritrean authorities while trying to leave the country and has not been seen since.

Write for Rights began 20 years ago in Warsaw, Poland, when a group of friends decided to celebrate Human Rights Day (10 December) with a 24-hour letter-writing marathon. From 2,326 letters in 2001 to 4.5 million letters, tweets and petition signatures in 2020, Write for Rights has grown into the world’s biggest human rights campaign.

It’s a campaign that really does work – as Jani Silva, an environmental activist from Colombia, can attest. Jani’s fearless opposition to environment contamination and human rights violations has led to harassment, intimidation and death threats. In 2020, more than 400,000 people took action through Write for Rights, calling for her protection.

Jani said:

“I am so very grateful for the letters. From the bottom of my heart, this campaign has kept me alive. It’s what has stopped them from killing me because they know that you are there.”

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