In 2019, there was an opportunity to improve the administration of Justice. The election of new magistrates to the Supreme Court of Justice and Court of Appeals was a step towards Clean Justice. This involved a fundamental task, as the most suitable and responsible candidates had to be chosen to guarantee the existence of a Rule of Law. However, the election of magistrates stalled and there has still been no alternation in judicial power positions.
An independent and objective judicial system is a necessary condition for a Rule of Law. This is one where all citizens are equal before the law and there is protection from arbitrary actions by public officials. It is important to protect the rights and freedoms of citizens, and also to guarantee legal certainty for the country's development.
Last year, Guatemala ranked 96 out of 126 countries in the Rule of Law Index prepared by the World Justice Project (WJP).
This index quantitatively measures the Rule of Law in 128 countries by taking the perceptions of the general public and experts on the subject through surveys and questionnaires.
As a consequence of the deficiencies and challenges to the administration of justice, Guatemala worsened in 2020. Currently, the country ranks 101 out of 128 countries.
Rule of Law and Justice
For the WJP, the Rule of Law is a system of rules that encompasses four universal principles:
- Accountability
- Just Laws
- Open Government
- Accessible and impartial mechanisms for resolving disputes
In 2020, Guatemala obtained a score of 0.45 (1 is the highest possible score). Compared to last year, the country's score changed by -0.01 and it dropped three places in the ranking.
As for the regional ranking, Guatemala ranks 25/30.
Guatemala's consistently low score is due to poor performance in the eight factors measured by the index (constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice). Of these factors, we highlight the following aspects.
Data and challenges for the administration of justice
Corruption
The absence of corruption, specifically in the justice sector, is 0.45 or 45%, which means that there is still abuse of power for personal gain, and perverse incentives such as bribes or informal payments.
On the other hand, the recent Capacity to Combat Corruption Index places Guatemala at rank 11 out of 15 in the region. The country has a score of 4.04 on a scale where 10 is the highest.
Fundamental Rights
The individual rights of all Guatemalans must be respected and guaranteed through justice. Guatemala's score is 0.54 or 54%. There was a decrease in this factor compared to 2019.
Justice in the country
Civil justice, which is measured by the population's access to the courts or whether people know about the available mechanisms for resolving disputes, reaches 0.37 or 37%. It has remained the same as last year.
At the same time, criminal justice has a score of 0.30 or 30%. This shows the ineffectiveness of the system in investigating, being punctual in administering justice, and respecting due process. In addition, respect for due process is below the regional average, only reaching 29%.
Once again, the WJP demonstrates that Guatemala lacks many aspects that support the proper functioning of any republic.
As of August 2020, there is still an expectation that suitable candidates will be chosen for a justice system that needs judges and magistrates committed to strengthening the Rule of Law. If legal uncertainty continues, it will be impossible to establish a Rule of Law with clear and appropriate rules for the country's development. It is necessary to continue ensuring that the election of high court magistrates is transparent, free from particular influences, and that the most capable and independent candidates are chosen.