(New York) – The appointment of a new comptroller general in Guatemala will be the result of a fair and transparent process, Human Rights Watch said today. The Comptroller General plays a key role in preventing corruption and is very important for presidential elections in June 2023.
Appointments made earlier in 2022, in addition to those of the Attorney General and the Human Rights Ombudsman, were marred by limited transparency and impartiality, undermining the separation of powers and human rights safeguards.
“The slow dismantling of the rule of law in Guatemala casts serious doubt on the relaxed and fair nature of the upcoming presidential elections,” said Juanita Goebertus, Americas director at Human Rights Watch. “International oversight of the comptroller’s appointment is imperative — they have for the country’s democracy and the right of Guatemalans to vote and run for public office. “
On September 21, 2022, Congress was sworn in through a 23-member nominating committee to provide a short list of 6 candidates for the post of comptroller, a position guilty of protecting the use of the public budget. Congress will appoint the new comptroller on the short list. Current and former public servants and others who have dealt with the public budget who wish to run for public office must download a certificate from the Comptroller’s Office confirming that they are not being investigated for embezzlement of public budget.
Previous monitors failed to certify several presidential candidates and candidates, preventing them from running.
Guatemalan law requires the Comptroller General to be a qualified accountant or auditor with at least 10 years of experience, among other eligibility criteria. Guatemalan law also sets a date for the nominating commission to begin its cadres, in this case, the thirteenth of August. But delays in the appointment procedure prevented commissioners from submitting a short list by the end of September, a deadline also set by law.
Guatemala’s Supreme Electoral Tribunal will also play a vital role in the elections, adding tracking the financing of the crusades and reviewing political party registrations. Guatemala Visible, a civic organization that oversaw the procedure. The Court’s Appointments Commission replaced its rules of procedure to allow it to go with applicants who would otherwise have been excluded because of their limited educational or professional experience.
President Alejandro Giammattei and Congress have appointed government allies to positions in key government agencies that were created to be independent of the executive.
On May 16, Giammattei appointed Attorney General Consuelo Porras for a momentary term, following a variety of proceedings marred by limited transparency and independence. During his first 4 years in power, Porras undermined investigations into corruption and human rights abuses. prosecutors and encouraged prosecutions of fake fraudsters against judges, prosecutors and independent journalists.
On July 20, Congress appointed a new Ombudsman, José Alejandro Córdova. His predecessor, Jordán Rodas, has consistently denounced attacks on judicial independence, freedom of expression and human rights defenders. Congress, which has named his successor, has continually sought to block investments for the position of ombudsman and remove Rodas for his support of LGBT rights and other positions he held during his tenure.
The Human Rights Commission of Congress, where the government’s allies are in the majority, appointed Córdoba through a procedure lacking transparency. Córdoba was concerned about alleged influence peddling during the series of candidates for the Supreme Court of Justice and Courts of Appeals of 2019. Even so, the Commission awarded it the highest score of all applicants. The Commission did not know how it calculated the scores or whether and to what extent it had taken into account the allegations of influence peddling.
Members of the Comptroller General’s Appointments Committee thoroughly assess whether each candidate’s professional record indicates that they would act impartially, and ensure that all shortlisted candidates have demonstrated the highest integrity, Human Rights Watch said.
Concerned governments, in addition to those in the United States and Europe, are calling for transparency, compliance with established criteria, and respect for the rule of law in the variety procedure for the comptroller general, Human Rights Watch said.