Both leaders were arrested on April 23, 2025, in connection with their peaceful participation in the National Indefinite Strike of October 2023, organized by Indigenous authorities to defend electoral results, the constitutional order, and Indigenous autonomy. They now face disproportionate charges such as sedition, terrorism, and unlawful association brought by the Public Prosecutor’s Office.
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Criminal Law Must Not Be Weaponized Against Indigenous Peoples
The Inter-American Commission on Human Rights (IACHR), in its statement of May 23, 2025, expressed serious concern, noting that the use of criminal law against Indigenous leaders reflects broader, well-documented patterns of political persecution. The IACHR reminded Guatemala of its duty to guarantee a safe environment for human rights defenders, particularly Indigenous authorities engaged in peaceful protest and political participation.
This persecution is not only an attack on individuals — it is an assault on the collective governance systems and autonomy of Indigenous Peoples in Guatemala.
ESCR-Net Urges the Guatemalan Government to:
Immediately and unconditionally release Luis Pacheco and Héctor Chaclán;
Annul all arrest warrants tied to peaceful exercise of collective Indigenous rights;
Cease the misuse of criminal law — including terrorism and sedition charges — for political purposes or to intimidate human rights defenders;
Recognize and guarantee the rights to autonomy and political participation of Indigenous Peoples;
Comply fully with international obligations, including ILO Convention 169, the UN and American Declarations on the Rights of Indigenous Peoples, the UN Declaration on Human Rights Defenders, the ICCPR, and the American Convention on Human Rights.
A Historic Opportunity for Justice and Democracy
We welcome President Arévalo’s recent statements acknowledging the political and persecutory nature of the arrest warrants. However, words must be followed by concrete actions to ensure justice, reparation, and non-repetition.
Criminalizing protest and persecuting Indigenous authorities undermines democracy, violates legal pluralism, and deepens historical injustices. Guatemala must choose justice.
ESCR-Net (International Network for Economic, Social and Cultural Rights) is a global network of over 300 social movements, organizations, and human rights defenders in more than 80 countries.
