The Special Mission of the Organization of American States for the Strengthening of Democratic Institutions in Guatemala is monitoring, within the framework of its mandate, the developments related to the recent assumption of rectorial authority at the University of San Carlos of Guatemala. Given its public, autonomous, and strategic nature, USAC occupies a central place in the country's democratic, academic, and institutional life. Accordingly, the election and assumption of office of its rector cannot be treated as merely internal or procedural acts devoid of consequences for public trust.
The Mission has raised concerns about the serious and persistent allegations surrounding the university rector election process, including questions regarding the composition of the electorate, the exclusion of voters, selective accreditation, a lack of sufficient publicity, pending legal actions, reports of intimidation, and doubts regarding the equal conditions under which the election took place. These circumstances are not merely incidental issues or simple political differences among university sectors: they concern fundamental principles of legality, electoral integrity, effective participation, due process, and institutional legitimacy, issues that are not resolved solely by the assumption of office.
The Mission also takes note of public information regarding the status of the settlement and the existence of pending criminal complaints or proceedings related to the rector's authority and acts of university administration. Without prejudging any individual liability, and recognizing that the existence of complaints, investigations, or allegations does not equate to criminal liability, when such elements relate to legal requirements for assuming or exercising a position, to the administration of public resources, or to the regularity of an electoral process, it is incumbent upon the competent authorities to clarify their legal implications promptly, independently, transparently, and with appropriate justification. The fact that the assumption of office has already taken place does not exempt the institution from this obligation; on the contrary, the lack of a clear institutional response can exacerbate uncertainty, deepen conflict within the university, and further undermine public trust in the legality of the process.
The Mission emphasizes that the assumption of office - which, according to information provided, took place by including it as an agenda item at a meeting of the Higher University Council, rather than through a public inauguration ceremony - does not artificially settle an unresolved institutional controversy, nor can it be interpreted as an automatic validation of a process whose integrity continues to be seriously questioned by broad sectors of the university community and Guatemalan society. The fact that the assumption of office took place through an internal administrative act, rather than through a public, transparent, and deliberate process, illustrates precisely that institutional stability is not achieved through accomplished facts: it is achieved through legal, transparent, verifiable decisions that respect the rule of law. The passage of time, the performance of procedural acts, or the invocation of formalities cannot substitute for the need to clarify the fundamental issues that affect the credibility of the rector election process.
In this regard, the Mission respectfully urges the Higher University Council and the other competent university authorities to act with the utmost institutional prudence, transparency, and strict adherence to the law in the exercise of their duties. University autonomy, which is recognized by the Constitution, must be preserved as a guarantee of academic freedom, responsible self-governance, and pluralistic deliberation; however, it cannot be understood as a space exempt from the rule of law, accountability, and democratic oversight, nor can it be invoked to consolidate situations arising from processes perceived as exclusionary, opaque, or contrary to basic principles of institutional integrity.
The Mission calls on the competent judicial, administrative, and oversight authorities to investigate, clarify, and resolve, with independence, impartiality, promptness, and transparency, the pending matters that may affect the legal certainty of the process, particularly those related to compliance with legal requirements for holding office and the validity of the decisive actions in the rectoral election process, the legal consequences of which are not resolved by the assumption of office.
Likewise, the Mission calls on all sectors of the university community to exercise their rights through peaceful, democratic, and institutional channels, and rejects any form of violence, intimidation, criminalization, or stigmatization against students, faculty, staff, authorities, journalists, observers, or members of civil society who express critical views or engage in social oversight. It also urges the state authorities to guarantee, while respecting university autonomy, the life, integrity, and safety of all people connected to the events at USAC, in accordance with the principles of legality, necessity, proportionality, and respect for human rights.
Public trust in institutions is built when the processes for electing and assuming authority are conducted with integrity from the outset and are not merely a formality in their final stage. The Special Mission will continue to monitor, within the framework of its mandate, events that may affect the legality, legitimacy, and public trust in institutional processes in Guatemala, and reaffirms its willingness to support efforts aimed at democratic dialogue, transparency, accountability, and the strengthening of the rule of law.
Reference: E-084/26
