UN Urges Guatemala to Halt Forced Evictions Amid Rights Violations and Violence

The United Nations Special Rapporteur on the right to adequate housing, Balakrishnan Rajagopal, has issued a forceful call to the Government of Guatemala to immediately impose a moratorium on all forced evictions. His appeal follows a fact-finding mission in the country, during which he witnessed and documented widespread violations of human rights — particularly targeting Indigenous Peoples and rural peasant communities.

“Homes are often burned during evictions, along with the food crops and private possessions of very poor people, which would amount to cruel and inhuman treatment and a grave violation of international law,” Rajagopal stated.

Evictions Marked by Brutality, Dispossession, and Trauma

The Special Rapporteur described a deeply troubling pattern of evictions carried out with excessive force and little to no legal due process. In many cases, evictions happen without prior notice, without the opportunity to salvage crops, and without any mechanism for affected communities to present land ownership evidence — especially those relying on ancestral or collective claims to land.

“I have heard from an endless number of communities that have been subjected to forced evictions carried out in a ruthless manner,” he said.

Evictions are often executed under court orders with massive police deployment or through extrajudicial means using private security forces hired by landowners. In both scenarios, violence and destruction are common, sometimes resulting in injuries or fatalities. Rajagopal labeled the situation as unacceptable and warned that it violates both Guatemalan constitutional protections and international human rights law.

Widespread Criminalisation of Resistance

The suffering of the displaced does not end with the loss of homes and livelihoods. According to Rajagopal, a chilling campaign of criminalisation and persecution is underway against those who resist or denounce the evictions. Human rights defenders, legal advocates, Indigenous leaders, and entire communities have been targeted with arrest warrants, preventive detention, and fabricated charges.

“This persecution has had a stifling effect on defenders of the right to adequate housing and has led to the complete erosion of the rule of law in parts of the country,” he warned.

Thousands are reportedly living in hiding, and many have been unjustly imprisoned, contributing to an environment of fear and intimidation that further silences dissent and suppresses claims to rightful land and housing.

A Legacy of Injustice and Colonial Dispossession

Rajagopal emphasized that Guatemala’s current crisis is rooted in a historical context of colonialism, extractive imperialism, civil war, and systemic land dispossession. The absence of legal recognition for ancestral and collective land ownership continues to marginalize Indigenous communities.

“Without legal certainty of land rights, there can be no secure access to the right to adequate housing,” he said.

Under international law, Indigenous communities have the right to demonstrate ownership through ancestral and collective possession. However, Guatemala's legal and institutional frameworks continue to favor formal private property regimes over traditional forms of land tenure, exacerbating inequality and deepening historical injustices.

“Instead, what we see is an over-valorisation of private property rights of some and neglect of the rights of others,” Rajagopal noted.

A Call for Structural Reform and Inclusive Dialogue

While the Special Rapporteur acknowledged the Guatemalan Executive Branch’s goodwill in addressing the crisis, he stressed that meaningful change will require the cooperation of all branches of government — including the Legislature and the Judiciary. He called for the active participation of Indigenous communities in shaping solutions and for an inclusive national dialogue to resolve land disputes equitably.

“A collective effort is needed to tackle these enormous challenges,” he said, “with the full participation and consultation of Indigenous Peoples and other affected communities.”

The Special Rapporteur's full findings and recommendations will be presented in a report to the United Nations Human Rights Council. However, his immediate call to action is clear: Guatemala must halt all evictions until it can guarantee legal safeguards, end criminalisation, and recognize the land rights of its Indigenous and rural populations.