[Congressional Record Volume 170, Number 5 (Wednesday, January 10, 2024)]
[Senate]
[Pages S75-S76]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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    SENATE RESOLUTION 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

  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:

                              S. Res. 518

       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

[[Page S76]]

       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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