Human rights in the Federal Republic of Central America
From Daily Escape
The Federal Republic of Central America (FRCA) meets most international standards for human rights. The constitution guarantees the rights of freedom of the press, speech, religion, and assembly, and it generally respects these rights in practice.
The FRCA is an electoral democracy. The president is elected to a seven-year term (but is limited to only one term), while members of the bicameral National Assembly are elected to five-year terms (members of the Chamber of Deputies may serve an unlimited number of terms, but members of the Senate are limited to a maximum of two terms, which cannot be consecutive). Elections are held under international supervision and are generally regarded as free and fair, with few if any irregularities.
The press, radio, and television are generally free from state interference. Ninety percent of the population is literate, and there are several privately owned dailies. Both public and commercial television and radio stations are available, including at least four private television stations and more than 100 private radio stations. However, the country's libel and defamation laws are antiquated and carry excessive penalties. In 2002, a journalist was briefly imprisoned for "slander" after reporting on the alleged corruption of the governor of Guatemala, but after pressure from the United States, the journalist was released. The incumbent president has promised to review the libel and defamation laws, but as of June 2007 this issue has not been definitively settled. Internet access is unrestricted.
Freedom of religion is recognized, although the Roman Catholic Church, to which seventy-seven percent of the population adheres, wields considerable influence over the government.
The government does not interfere with or infringe upon academic freedom.
The constitution provides for freedom of assembly and association, the right to form or join unions, the right to collective bargaining, and the right to strike. Numerous nongovernmental organizations (NGOs) are active in all parts of society and throughout the country. Labor can organize freely, and labor actions, ranging from local to nationwide protests, take place fairly often with a minimum of governmental restraint. Nevertheless, there are occasional reports of the use of child labor, including in mines; fortunately, the government has announced its plans to crack down on this, and notable progress has been made.
The judicial branch is independent, with members elected by the legislature. The legal system includes a Supreme Court, courts of appeal, and district courts. A specialized chamber of the Supreme Court can rule on the constitutionality of laws and chooses an independent national election commission.
Corruption, while not endemic, remains a cause of concern, though improvements have been made in this area. In 2006, four deputies and a cabinet member were sentenced to two years' imprisonment for embezzlement of public funds.
Prison conditions are poor. Overcrowding is common, and sanitation and living conditions in prisons are reportedly inadequate, although the government has promised to address this. Incidences of abuse by prison guards are becoming increasingly rare, though continue to persist. The government does allow international observers to inspect the country's prisons.
Indigenous Central Americans continue to face societal discrimination in such areas as employment and housing, and in spite of government statements to the contrary, progress on resolving this issue remains sluggish.
Women still face discrimination in the economic realm, and only about a third of the economically active population is female. The majority of female employment is in the informal sector, where women on average earn twenty-five percent less than men. Women's rights, while enshrined in the constitution, are not always observed. Spousal abuse and domestic violence remain a major problem, especially in rural areas. Trafficking in women and children remains a problem, though far less so than in recent years. Considerable progress has been made in combatting the child sex tourism industry.
The law prohibits homosexuality, though this law is seldom enforced, and talk of repealing it is in the air. Prostitution and gambling are similarly banned, though these bans, too, are rarely enforced.
The FRCA remains the only country in the world where abortion is illegal without exception, even for therapeutic reasons. Women's rights organizations are actively working to overturn this law, but face considerable opposition from the country's largely conservative society and from the Roman Catholic Church.
The country was given a rank of 3 out of 7 (with 1 being the most free, 7 being the least free) for civil liberties and a 2 out of 7 for political rights, giving it an overall rank of "free" by Freedom House. The country's press is ranked as the 21st freest in the world (satisfactory situation), and its privacy rights are ranked 39th (mostly upholds human rights standards, though with some cause for concern). The U.S. State Department's annual report has stated that, "While far from perfect, the Federal Republic of Central America's human rights situation is very good by developing countries' standards, and continues to improve."
