Legal framework on freedom of religion and actual application
The Preamble to the Constitution of the Republic of Guatemala invokes “the name of God”. According to Article 36, “The exercise of all the religions is free. Any person has the right to practise his [or her] religion or belief, in public and in private, through teaching, cult [i.e., worship] and observance, without other limits than the public order and the due respect for the dignity of the hierarchy and the faithful [followers] of other beliefs”.
Article 37 of the Constitution gives legal recognition to the Catholic Church. It also acknowledges the ownership of the Catholic Church over “real assets which it holds peacefully for its own purposes, as long as they have formed part of the patrimony of the Catholic Church in the past.”
The same Article allows other Churches or religious entities to obtain legal recognition “in accordance with the rules of their institution, and the Government may not deny it, aside from reasons of public order”. It also stipulates that “The real assets of the religious entities assigned to cult [i.e., worship], to education, and to social assistance, enjoy exemption from taxes, assessments, and contributions.”
Under Articles 186, 197, and 207, members of the clergy cannot assume the offices of President, Vice President, or Cabinet Minister, nor can they be magistrates or judges.
According to Article 71, the State provides education “without any discrimination whatsoever”.
Under Article 73, “Religious education is optional in the official establishments and can be taught during ordinary hours, without any discrimination.” Likewise, the State “contribute[s] to the maintenance of religious education without any discrimination”.
The competent administrative authority can authorise members of the clergy to celebrate civil marriages (Article 49).
Under the country’s Civil Code, Churches are legal bodies and are entitled to acquire, possess, and dispose of goods, provided such goods are exclusively for religious purposes, social assistance, or education.
Under the Labour Code, discrimination based on religion is prohibited in establishments engaged in social welfare, education, culture, entertainment, or commerce. Employers are not allowed to influence the religious convictions of their employees. Trade unions can be dissolved if it can be proven in a court of law that they cause or foment religious strife.
The Penal Code imposes criminal sanctions on anyone who disrupts religious celebrations, carries out acts that offend religious practices and objects of worship, or desecrates places of worship or burial. Theft is subject to the harshest criminal penalties if the objects stolen are used for worship or otherwise have a great religious significance.
Incidents and developments
In June 2021, Congress began discussing a bill on the freedom of religion and belief, worship, and conscience.
In August, members of the Catholic Church expressed their concern over the country’s social and political crises. The Jesuits of Guatemala denounced the authorities’ disinterest in corruption and impunity. For its part, the National Conference of Religious of Guatemala pointed out that the people ask for justice and equity and voiced solidarity with their needs and demands.
In September, the President’s Office declared a state of public calamity in response to the COVID-19 pandemic, and ordered churches of all religions to suspend all in-person services, including wakes and burials. In response to these measures, the Catholic Bishops’ Conference of Guatemala issued a communique, stating that “worship and religious activity constitute an essential value of life," and called on Congress to modify the regulations.
On 16 December 2021, President Alejandro Giammattei announced that Guatemala will be declared the “Ibero-American Pro-Life Capital” on March 9, 2022. The president stated: Guatemala is ‘a country of faith’ such that in governing it ‘each government institution has a clear direction and coordination in respecting life from conception and the protection of the family as the central axis of society.’”
In March 2022, the Constitutional Court ruled in favour of an appeal from the Casa de Dios Christian Church, which alleged a violation of due process and religious freedom when it was required to disclose its accounts.
In April, the government announced the creation of an interfaith roundtable, with the participation of different churches, in order to name a presidential commissioner to liaise between the government and religious groups.
In May, the government accredited 50 Mayan priests thus guaranteeing the practice of ancestral Mayan spirituality in sites considered sacred places.
In June, Guatemala’s President Alejandro Giammattei spoke at the International Religious Freedom Summit in Washington, DC, in which he defended the fundamental human right to freedom of religion.
During the period under review, attacks were reported involving two Evangelical Churches. In November 2021, a man was shot dead by hitmen while seeking refuge at a United Pentecostal Church, according to the authorities. In May 2022, two people were shot and wounded at an Evangelical church on Avenida Bolívar during a religious service.
Prospects for freedom of religion
While the Catholic Church has expressed concern over the country’s social and political crises, the government has taken positive steps in favour of religious groups and has promoted the practice of Mayan spirituality. The rule of law continues to be a challenge as criminal groups in neighbouring countries develop with the risk of spill-over. The government has implemented responses for the protection and prevention of violence, including in and around places of worship. Prospects for religious freedom remain positive.
Guatemala