Colonia Mezquital, Guatemala – It had taken hours to cross the border from Honduras to Guatemala by bus, and Edwin Gomez, a 39-year-old migrant from Honduras’s capital, needed a place to rest for the night.
That’s how he found himself with Friar German Tax, walking slowly through Colonia Mezquital, a community 15 km (9.3 miles) south of Guatemala City. Their destination was a two-storey house, nestled along a narrow street.
“I was told that there was a church where I could come and stay,” Gomez told Al Jazeera.
But shelters like the one where Gomez was headed are facing new threats in Guatemala. As migrants and asylum seekers journey north through Central America, with many headed to the United States, Guatemala has instituted reforms that could criminalise the work done by faith-based groups and volunteers to shelter and care for them.
In January, the government began implementing new regulations that will require non-governmental migrant shelters to submit biometric…
2023-03-04 07:00:03
Link from www.aljazeera.com
Legal Reforms Pose a Threat to Migrant Shelters in Guatemala
Guatemala has been a major transit country for migrants from Central America who are attempting to cross international borders in search of better opportunities, safety, and security. The country has a reputation for its lack of effective migration governance, which puts vulnerable migrants at risk of being exploited, trafficked, or harmed. Migrant shelters or albergues have emerged as an essential service provider for offering humanitarian assistance, protection, and advocacy for migrants in Guatemala. However, recent legal reforms in the country pose a significant threat to the shelter’s operation and sustainability.
In March 2021, the Guatemalan government introduced several legislative proposals that would limit the work of non-governmental organizations (NGOs) in the country, including migrant shelters. The proposals signal a shift towards a more restrictive and authoritarian approach to civil society and human rights advocacy, which could further curtail the already challenging environment for migrant shelters. Some of the proposed measures include mandatory government registration of all NGOs, stricter requirements for funding, and increased scrutiny of activities that potentially “threaten national security.”
The proposed legislative framework could affect migrant shelters in several ways. Firstly, the mandatory registration process for NGOs could delay or restrict the establishment of new shelters or limit the capacity of existing shelters to provide assistance. Registration requirements could include lengthy bureaucratic processes, high fees or taxes, and the need to comply with stringent rules that may not be conducive to the effective operation of shelters. Furthermore, the government could use its registration power to selectively approve certain NGOs and deny or revoke the registration of those that do not comply with its political or security agenda.
Secondly, the proposed limitations on foreign funding for NGOs could deprive migrant shelters of vital financial resources to operate and sustain their services. Many migrant shelters rely on international donors and grants to support their operations, especially during emergencies or crises. The proposed regulations would require NGOs to obtain government approval for foreign funding and to disclose detailed financial and operational information to the authorities, which could raise concerns about privacy and security risks. The government could also use its funding approval power to influence the activities or agendas of migrant shelters, limiting their independence and effectiveness.
Thirdly, the proposed measures to monitor and regulate the activities of NGOs could subject migrant shelters to excessive surveillance, harassment, and stigmatization. The government could interpret any activity that challenges its authority or exposes its human rights violations as a “threat to national security” and use its regulatory power to punish or silence NGOs. Migrant shelters that provide services such as legal assistance, documentation, advocacy, or complaints against state abuses could be particularly vulnerable to government reprisals or legal action.
The legal reforms proposed by the Guatemalan government raise serious concerns about the future of migrant shelters in the country. The reforms could undermine the legitimacy, autonomy, and effectiveness of migrant shelters, which play a critical role in protecting the rights and dignity of migrants. Guatemala’s obligation to respect, protect, and fulfill the human rights of all migrants, refugees, and asylum seekers must be the primary concern of any government policy or action. The proposed legislative framework should guarantee the right of migrants to seek and receive assistance from NGOs, protect the freedom of association and expression of civil society actors, and promote dialogue, cooperation, and transparency between the government and the NGO sector. Migrant shelters should be recognized, supported, and empowered as a valuable partner in promoting social justice, equality, and human rights for all.
In conclusion, legal reforms that pose a threat to migrant shelters in Guatemala jeopardize the fundamental rights and safety of vulnerable migrants. The proposed legislation could restrict, delay, or discredit the operation of migrant shelters, which are essential to meet the humanitarian needs and dignity of migrants. The Guatemalan government must reconsider and revise its legislative proposals to ensure that they are compatible with human rights standards, international law, and best practices in migration governance. The government must collaborate with NGOs, including migrant shelters, to design and implement policies and programs that are responsive, inclusive, and effective for all.