[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 518 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
S. RES. 518

   Expressing solidarity with the people of Guatemala and urging the 
   Government of Guatemala to permit a peaceful transfer of power to 
                   President-elect Bernardo Arevalo.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2024

   Mr. Cardin (for himself, Mr. Durbin, Mr. Kaine, Mr. Merkley, Ms. 
 Butler, and Mr. Welch) submitted the following resolution; which was 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
   Expressing solidarity with the people of Guatemala and urging the 
   Government of Guatemala to permit a peaceful transfer of power to 
                   President-elect Bernardo Arevalo.

Whereas the United States and Guatemala have shared strong bilateral relations 
        on issues of mutual interest for decades, including--

    (1) addressing the root causes of irregular migration;

    (2) a shared commitment to addressing key development challenges, such 
as poverty, child hunger and illiteracy, citizen security, and more 
transparent and accountable governance; and

    (3) supporting Taiwan and Ukraine's independence from Russia;

Whereas general elections were held in Guatemala on June 25, 2023, resulting in 
        a runoff election between the 2 presidential candidates receiving the 
        most votes, Congressman Bernardo Arevalo of the Movimiento Semilla party 
        and Sandra Torres, a former first lady representing the Unidad Nacional 
        de la Esperanza (UNE) party;
Whereas the runoff election, held on August 20, 2023, resulted in the people of 
        Guatemala electing Congressman Arevalo as President with more than 60 
        percent of the popular vote;
Whereas the election observation teams from the European Union and the 
        Organization of American States, which were present at the invitation of 
        the Government of Guatemala, reported that both rounds of the election 
        were run professionally and efficiently and concluded that there was no 
        basis for claims of fraud;
Whereas Guatemala's Supreme Electoral Tribunal (TSE) certified that the 
        presidential elections upheld national, regional and international 
        standards for a democratic election;
Whereas immediately following the election of President-elect Arevalo on August 
        20, 2023, Guatemala's Public Ministry, led by Attorney General Maria 
        Consuelo Porras Argueta, who has been designated for visa restrictions 
        by the United States Government for significant corrupt and undemocratic 
        activities, initiated a series of efforts to undermine President-elect 
        Arevalo's inauguration, which is scheduled to take place on January 14, 
        2024, including--

    (1) a raid on the facilities of the TSE Citizen Registry and the 
Operations Center of the Electoral Process (COPE) on September 12, 2023, 
during which Public Ministry officials opened ballot boxes in violation of 
Guatemala's Electoral and Political Party Law;

    (2) a formal request on September 27, 2023, by the Public Ministry to 
the Supreme Court (CSJ) to remove the immunity of the 5 magistrates of the 
TSE;

    (3) an order from the Public Ministry on November 15, 2023, which 
instructs the TSE to surrender registration documents for the Movimiento 
Semilla party and President-elect Arevalo, immediately followed by a press 
conference on November 16, 2023, at which the Public Ministry announced 
that it intended to seek the removal of immunity against President-elect 
Arevalo, Vice President-elect Herrera, and Congressman Samuel Perez, who is 
also a member of the Movimiento Semilla party; and

    (4) a decision by the Public Ministry on December 8, 2023 to issue 
arrest warrants against two members of the TSE and a simultaneous 
announcement that the 2023 presidential elections should be annulled;

Whereas the November 30 vote of Guatemala's current governing coalition in 
        Congress to remove the immunity of four TSE magistrates demonstrates 
        that the Public Ministry has largely been supported by the political 
        establishment in Guatemala;
Whereas the actions of the Public Ministry follow a trend in which the Public 
        Ministry has intimidated, threatened, forced into exile, and in some 
        cases imprisoned dozens of judges, prosecutors, civil society actors, 
        and independent journalists who have worked to root out corruption in 
        Guatemala, including anti-corruption prosecutor Virginia Laparra and 
        journalist Jose Ruben Zamora, who were sentenced, respectively, to four 
        and six years;
Whereas, since October 1, 2023, Indigenous Peoples in Guatemala, who comprise 
        nearly 42 percent of the population of Guatemala, have led protests 
        against the Public Ministry's actions, which demonstrates citizen 
        organizing in support of a peaceful transfer of power;
Whereas the Organization of American States, the European Union, the United 
        Nations, the Department of State, and the governments of many European 
        and Latin American countries have released public statements condemning 
        the Public Ministry's efforts to annul the 2023 presidential elections 
        and prevent President-elect Arevalo from assuming office on January 14, 
        2024; and
Whereas the Constitutional Court of Guatemala ruled, on December 14, 2023, that 
        Guatemala's Congress must take steps to ensure that every elected 
        official in the 2023 electoral process, including President-elect 
        Bernardo Arevalo, must be allowed to take office on January 14, 2024: 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) applauds the will of the Guatemalan people to 
        participate in a free and fair presidential election on August 
        20, 2023, as certified by the European Union and Organization 
        of American States electoral observation missions;
            (2) reaffirms the interest of the United States to maintain 
        mutually beneficial relations with the people of Guatemala and 
        their national government, based on shared interests of 
        security, prosperity, and democratic values;
            (3) reaffirms that the bilateral relationship between the 
        United States and Guatemala is strengthened through shared 
        policies, such as--
                    (A) efforts to prevent irregular migration;
                    (B) good governance, improved citizen security, and 
                poverty reduction; and
                    (C) support for Taiwan, and for Ukraine's 
                independence from Russia;
            (4) looks forward to working with the incoming Arevalo 
        government to build a safer, democratic, and more prosperous 
        region;
            (5) expresses deep concerns for the undemocratic actions of 
        Guatemala's Attorney General and Public Ministry, in 
        coordination with the current governing coalition, to maintain 
        power by undermining free, fair, and democratic elections, the 
        rule of law, and basic democratic principles;
            (6) urges the Government of Guatemala--
                    (A) to immediately repudiate the attacks of the 
                Attorney General and the Public Ministry on President-
                elect Arevalo and members of his political coalition;
                    (B) to commute the sentences of Jose Ruben Zamora 
                and Virginia Laparra and end intimidation and threats 
                against all other actors working to reduce corruption 
                in Guatemala; and
                    (C) to prioritize and work actively to ensure for a 
                peaceful transfer of power and inauguration of 
                President-elect Arevalo on January 14, 2024; and
            (7) calls on the Department of State, the Department of the 
        Treasury, and the United States Agency for International 
        Development to prepare for the possibility that a peaceful 
        transition of power does not occur on January 14, 2023, 
        including by--
                    (A) preparing to reassess all elements of United 
                States foreign assistance and bilateral cooperation 
                with the Government of Guatemala;
                    (B) conducting an evaluation of all diplomatic and 
                economic tools, including sanctions, that can be used 
                to hold accountable Guatemalan public officials, 
                private sector actors, and others who have planned, 
                supported, or undertaken efforts to prevent the 
                peaceful transition of power in Guatemala; and
                    (C) working with the Organization of American 
                States, the European Union, and the United Nations to 
                reevaluate Guatemala's standing in institutions that 
                require their members to adhere to basic democratic 
                principles.
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