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Guatemalan President's Dispute with the U.N.

Commission Against Impunity (CICIG)



Updated March 6, 2019

Congress has supported successive Guatemalan governments' efforts to strengthen democratic
institutions; address crime, drugs, and rule of law; and root out corruption and impunity. The current
situation in Guatemala involves a January 2019 decision by President Jimmy Morales to terminate
unilaterally the mandate of the U.N.-sponsored International Commission Against Impunity in Guatemala
(CICIG), which has been investigating crime and corruption since 2007. Morales accused CICIG of
violating Guatemala's sovereignty, a claim U.N. Secretary-General Antonio Guterres rejected.
Guatemala's Constitutional Court overruled Morales's decision. CICIG resumed its judicial activities in
late February.
Despite some differences of opinion over CICIG's efforts, many in Congress are concerned that
Morales's efforts could undermine ongoing investigations by the Guatemalan attorney general's office
and judicial proceedings, make political reform more difficult, and heighten instability in Guatemala.
Such consequences could undermine objectives of the U.S. Strategy for Engagement in Central America.
Some  Members  of Congress are calling for punitive measures against the Morales administration,
including suspending foreign aid and imposing Global Magnitsky sanctions on corrupt individuals. Other
Members  support Morales's claims that CICIG has violated Guatemala's sovereignty and maintain that
the United States should end its financial support of CICIG.

CICIG's   Creation  and  Purpose
Following Guatemala's civil war (1960-1996), crime and corruption became widespread. The
Guatemalan government asked the U.N. to establish CICIG to help it combat a parallel state of criminal
gangs, business elite, politicians, and security services that was undermining the elected government. In
2007, Guatemala and the U.N. signed an accord defining CICIG's functions, renewable every two years.
An independent, international entity, CICIG's mandate is to support, strengthen, and assist Guatemalan
state institutions in investigating, prosecuting, and dismantling illegal groups and clandestine structures
responsible for organized crime and human rights violations, as well as to propose effective legal reforms.
CICIG  works directly with the Guatemalan Public Ministry to strengthen rule of law. The ministry,
headed by the attorney general (AG), is responsible for public prosecution and law enforcement. CICIG
does not prosecute cases, but it works with local prosecutors and seeks to transfer international best
                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                       IN11029

CRS INSIGHT
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