Guatemala: Concern over the criminalisation of indigenous human rights defenders of the 48 Cantones of Totonicapán and the risk of a wave of arrests
Front Line Defenders expresses its concern over the criminalisation of the K'iche' Mayan indigenous leader of the 48 Cantones de Totonicapán as a means of repressing the defence of the collective rights of indigenous peoples through protest.
The 48 Cantones de Totonicapán are an indigenous Mayan organisation and legitimate authority of the people of Totonicapán in western Guatemala. The organisation works on behalf of the Mayan K'iche’ people and their collective rights to territory, cultural identity, and autonomy.
On 23 April 2025, the Public Prosecutor's Office of Guatemala issued arrest warrants against indigenous leader and human rights defender Héctor Chaclán and three other leaders of the 48 Cantones de Totonicapán. They are accused of sedition, terrorism, illicit association, and obstruction of justice. As part of the ongoing investigation, the Public Prosecutor's Office stated that it would also seek arrest warrants against other members of the indigenous municipality of Sololá and other indigenous leaders in Guatemala.
The Prosecutor’s Office also issued an arrest warrant citing the same accusations against Luis Pacheco, Vice-Minister of Sustainable Development of the Ministry of Energy and Mines and former president of the 48 Cantones de Totonicapán. Luis Pacheco and Héctor Chaclán were arrested on 23 April.
Local human rights organisations claim that this persecution is a reprisal for legitimately exercising the right to protest and peaceful resistance. It aims to target the human rights defenders for protecting the collective rights of their communities in October 2023, when they led a national protest to denounce the arbitrary intervention of the Prosecutor's Office in the general elections earlier that year. Indigenous leaders in the country became central figures of the protest, as the demonstrations were directed against the political, military, and economic powers that have a history of violating the collective rights of indigenous communities and sought to intervene in the election process.
In September 2023, the Prosecutor’s Office had confiscated the ballot boxes from the first and second round of elections from the Supreme Electoral Tribunal. The Organisation of American States (OAS) described it as an intervention without “just cause, violating the independence and autonomy of the electoral body.” The OAS also recognises the right of the 48 Cantones de Totonicapán to participate in the peaceful protest against the abuse of power by the Prosecutor’s Office.
The Inter-American Commission on Human Rights (IACHR) released a statement condemning the arbitrary detention of the indigenous leaders of the 48 Cantones de Totonicapán, citing “politically motivated misuse of criminal law”. During its visit to Guatemala in 2024, the IACHR concluded that this prosecution and criminalisation “include the use of vague and disproportionate charges”, which shows the “lack of independence of the Public Prosecutor's Office and its active role in fostering impunity and corruption.”
Front Line Defenders condemns the persecution and attempted criminalisation of the indigenous leaders of the 48 Cantones de Totonicapán as it is a reprisal of the work defending social, political and economic rights. Front Line Defenders is deeply concerned that the Public Prosecutor’s Office undermines the right to defending human rights by making improper and abusive use of criminal law.
F ront Line Defenders calls on the Guatemalan authorities to drop all charges against the indigenous leader of the 48 Cantones de Totonicapán. The authorities must investigate and sanction those who abuse their position of power, and ensure that the rights of indigenous human rights defenders in Guatemala are protected at all times.
