The rule of law underpins any free and thriving democracy. It ensures access to justice for all, places limits on executive power and protects fundamental human rights and freedoms. It is particularly important for the most vulnerable in society, those living in poverty. Although Guatemala has been a democratic country since the 1990s, its institutions are fragile, corruption is rife and it consistently underperforms on international rule of law rankings.

Rule of Law in Guatemala

Freedom House, an American NGO promoting democracy worldwide, labelled Guatemala a “partly free” country in 2026, with a particularly low score for rule of law. The NGO gave independence of the judiciary, due process in civil and criminal matters and equal effects of state laws and practices, a concerning one out of four. The implications of these troubling scores demonstrate that fragility and rule of law in Guatemala disproportionately affects the poor.

A Dependent Judiciary and Corruption

For the rule of law to be upheld, a judiciary independent of political influence is essential. This is a particular area in which Guatemala is faltering. A 2022 poll showed that 54% of Guatemalans believe that top government officials seek to limit the courts’ competencies and freedom to interpret the law.

The appointment of members to the country’s judiciary is a non-transparent process, riddled with political meddling. As a result, corruption is able to thrive in Guatemala, as the judiciary serves to favor the interests of the rich and powerful.

The severity of the problem is evident in the Corruption Perceptions Index’s 2023 report, wherein Guatemala placed 154th out of 180 countries.

A corrupt, dependent judiciary will not protect the human nor material rights of vulnerable people who need that protection most. It leads to an unjust society where resources and opportunities are concentrated at the very top, and therefore blocking people from rising out of poverty. 

Due Process and Equal Laws

The fragility of rule of law in Guatemala prevents due process and the equal application of laws for all of society. An example demonstrating the implications of the lack of these core democratic features lies in the Office of High Commissioner for Human Rights 2023 report claiming that Guatemala is seeing increased forced evictions and land conflicts. The situation primarily affects indigenous communities, those most affected by poverty and longstanding marginalization. Land laws do not protect their rights to ancestral lands, and many indigenous leaders seeking to prevent displacement meet with criminalization and harassment from the state.

A New Start

One of the many organizations working in Guatemala to remedy the situation is Be Just, a nonprofit that promotes the rule of law in Central America through strengthening democratic institutions, judicial independence and free elections. 

In November 2025, Be Just ran a workshop in Sacatepéquez, Guatemala ahead of the Attorney General and Head of the Public Prosecutor’s Office elections in May 2026. The workshop sought to educate participants on how the election process operates, what is at stake for Guatemala’s democracy and the socio-political context shaping the election. A population educated on and invested in free and fair elections serves to prevent impunity and corruption and ensures that elected officials serve the public good.

Hope for 2026

The year 2026 brings hope for democratic rule of law in Guatemala. In May, Be Just’s efforts paid off, as the public voted in a new Attorney General, Gabriel García Luna, replacing the eight year tenure of María Consuelo Porras. The former Attorney General had played an outsized role in dismantling the rule of law in Guatemala. Her list of wrong-doings are long: impunity was rife, as Porras disassembled key prosecution units in charge of investigating corruption cases and human rights violations committed during Guatemala’s internal armed conflict of 1960-1996, and criminalization was political, with journalists, human rights activists and anti-corruption activists being prosecuted. In 2023, she attempted to nullify the presidential election results, and in 2024, more than 40 countries sanctioned her for eroding democracy and the rule of law.

Looking Ahead

The country has some hard work ahead of it before the public’s trust is regained and rule of law in Guatemala reinstated. But with the work of foundations like Be Just helping the public to oust corrupt officials like Porras, the country is taking encouraging steps toward a more free and fair democracy for all. 

– Amelia Krone

Amelia is based in London, UK and focuses on Technology and Politics for The Borgen Project.

Photo: Unsplash