Date: 25 June 2023. If a presidential candidate fails to win 50% +1 of the votes, a second-round run-off will take place on 20 August.
Type: Presidential, legislative (all 160 seats in the unicameral legislature), municipal (340 mayoral seats in 22 departments).
Main presidential contenders: Zury Ríos (Valor-Unionista); Sandra Torres (Unidad Nacional de la Esperanza, UNE); Edmond Mulet (Cabal); Rafael Espada (Partido Republicano); Manuel Conde (Vamos).
Since the 1996 Peace Accords ending Guatemala’s 36-year civil war, no party has won consecutive presidencies in Guatemala. The political class remains badly discredited due to corruption, with parties considered little more than vehicles for clientelism and private business interests. Since the 2019 closure of the United Nations (UN)-backed anti-impunity commission in Guatemala (Cicig), anti-corruption efforts have unravelled, a process which has intensified under the conservative Vamos government led by President Alejandro Giammattei, a former prison chief, acquitted in May 2011 of involvement in a criminal ring inside the interior ministry and police. In July 2021 Giammattei, who is constitutionally barred from seeking another term, was forced to publicly deny having received bribes from Russian nationals. His May 2022 reappointment for a four-year term of discredited attorney general María Consuelo Porras, who was sanctioned in 2021 by the US for obstructing investigations into corruption, raised eyebrows.
With the foreign community having repeatedly expressed alarm about attacks and reprisals targeting anti-corruption officials (a February 2023 report by the UN High Commissioner for Human Rights [OHCHR] documented a 71.43% rise in such attacks compared to 2021), the July 2022 arrest of José Rubén Zamora, the founder of leading national investigative newspaper elPeriódico, also set off alarm bells. The latest Corruption Perceptions Index (CPI) by NGO Transparency International released on 31 January singled out Guatemala as one of the worst performers in the Americas while in June 2022 the Inter-American Commission on Human Rights (IACHR) added Guatemala to its list of countries committing serious human rights violations, along with Cuba, Venezuela, and Nicaragua. This has had an impact on development indicators; in its report the OHCHR notes Guatemala’s human development index is 0.627, a decrease of six points from 2015 to 2021.
Against this backdrop there are major concerns regarding the integrity of the electoral authority (TSE) which, like the judiciary, is one of the institutions affected by the democratic backsliding. With 23 presidential candidates registered to compete in the 2023 contest, the electoral process has been overshadowed by controversy over TSE rulings on candidates such as its exclusion of Roberto Arzú (Podemos), the son of former president Álvaro Arzú (1996-2000), a right-wing contender, and Thelma Cabrera of left-wing indigenous Movimiento para la Liberación de los Pueblos (MLP) who stood in the 2019 presidential elections, taking some 10% of the vote. Cabrera’s running mate, former human rights ombudsman Jordán Rodas, was associated with anti-impunity efforts. On 30 March UN High Commissioner for Human Rights Volker Türk expressed concern regarding the TSE’s rejection of these candidacies on “seemingly arbitrary grounds”.
Candidates in the running.
Recent polls have shown Zury Ríos, the daughter of the late dictator Efraín Ríos Montt (1982-1983), as a frontrunner. A survey published on 14 March by Mexican pollster TResearch showed her on 23.3% of voting intentions, ahead of former First Lady (2008-2012) Sandra Torres of the main opposition Unidad Nacional de la Esperanza (UNE), on 17.7%.
A far-right politician, Ríos is a four-term legislator, serving from 1996 to 2012. She was barred in 2019 from seeking the presidency by the constitutional court (CC) which invoked Article 186 of the 1985 constitution, which bars relatives of former coup leaders running for the presidency. This despite Ríos having been permitted to run in the previous (2015) election where she came fifth with some 6% of the vote. She is calling for a hard-line approach to security and has cited the state of emergency invoked by El Salvador’s President Nayib Bukele to tackle gangs – which has been strongly condemned by rights groups and the foreign community due to multiple rights violations - as a “model of reference”. This is likely to stoke fears among human rights watchers that a Ríos presidency could further dispense with democratic and constitutional guarantees in Guatemala.
Another major contender is Torres, who lost convincingly to Giammattei in the 2019 presidential run-off (by 57.95% to 42.05%) in a contest marred by nearly 60% abstention – the highest abstention rate in two decades. Torres made her name as first lady during the UNE administration led by her late ex-husband Alvaro Colom (2008-2012), heading up various social welfare programmes. She was also defeated in the 2015 presidential run-off by his predecessor Jimmy Morales (2016-2020) while her previous bid to run in 2011 (after divorcing Colom to sidestep a constitutional prohibition) was thrown out by the courts. In late November 2022, Torres’ path to run in 2023 appeared cleared after a judge threw out a case against her relating to illegal campaign financing allegations dating back to 2015. Her associates have similarly faced corruption allegations. Her late former husband, Colom, featured on the US State Department’s 2021 ‘Engel List’ of ‘corrupt and undemocratic actors, as did Gustavo Alejos, Colom’s chief-of-staff, and another UNE member, Jorge Estuardo Vargas Morales.
While proposing to relaunch social welfare initiatives, Torres’ manifesto also calls for a hard-line approach to security, pledging to strengthen the military, construct four maximum security prisons, and life sentences for “murderers, extortionists and rapists” among other things. In a nod to the apparent conservatism of the electorate, Torres has picked evangelical pastor Romeo Estuardo Guerra Lemus as her running mate. Torres benefits from the party machinery of the UNE which, founded in 2002, is one of Guatemala’s oldest parties – a symptom of the country’s notoriously weak political party system. She also struck an apparent pragmatic alliance last year with Giammattei which could benefit her given the politicisation of the country’s institutions. Yet, like Ríos, she faces doubts over the legality of her candidacy: the choice of Guerra as her running mate would appear to defy a constitutional ban on religious leaders running for the presidency and vice presidency.
TSE
A report by US-based NGO Freedom House released in 2022 notes that in March 2020, after months of delay, congress elected new TSE magistrates (2020−2026) in a session featuring little transparency. Several of those elected are “reportedly associated with officials accused of corruption and drug trafficking and have been accused of falsifying their academic titles”. In its report on the 2019 elections, the Organization of America States electoral observer mission (OAS-EOM) highlights the “judicialisation of elections”, noting that 416 petitions for nullity against decisions on registration of candidates were presented in contrast to 269 presented in 2015.
Dubious candidates
The inclusion of candidates accused of corruption, while hardly new, has similarly raised fears about the integrity of the electoral process and the TSE. Various politicians seeking re-election have been sanctioned in the US over corruption. Examples include former congress president Allan Rodríguez (2020-2022) (Vamos); Felipe Alejos (Todos); and Sofía Hernández, who was elected for Unión del Cambio Nacional (UCN), which was disbanded by the TSE last October, and is seeking re-election with Vamos.
Mulet
The TResearch poll showed septuagenarian former diplomat Edmond Mulet of centre-right Cabal in third place on 16.5% of voting intentions. Widely considered a capable moderate, Mulet ran in the 2019 presidential contest for Partido Humanista, receiving 11% of the vote. A former legislator (1982-1993) for the now-defunct centrist Unión del Centro Nacional, he previously served as ambassador to the US in 1993, a post from which he resigned following the 1993 coup d’état in Guatemala. While in congress, he was involved in the peace talks ending the civil war. He went on to hold senior positions in the UN including as head of the UN Stabilisation Mission in Haiti (Minustah) in 2010-2011 and Assistant Secretary-General for Peacekeeping Operations (2011-2015). However, Mulet, who has publicly spoken out against the democratic backsliding in the country, is facing uncertainty over his candidacy: the AG’s special anti-impunity unit (Feci) has announced that it requested that Mulet’s immunity from prosecution, which he enjoys as presidential candidate, be lifted for alleged early campaigning and “obstruction of justice” after Mulet questioned the judicial process launched against Zamora.