The Office of the United Nations High Commissioner for Human Rights has accused Guatemala’s Attorney General and head of the Public Ministry (MP), María Consuelo Porras Argueta, of being “allegedly involved in illegal adoptions” of indigenous children in the 1980s. This accusation comes as Porras’ attempt to secure a position on the Constitutional Court, before her term as Attorney General ends in May, has failed. The decision by the electoral commission removes Porras’ ability to guarantee her immunity from prosecution in the future.
According to the UN office, they received information regarding at least 80 indigenous children who were subjected to illegal international adoptions after being institutionalized at the Hogar Temporal Elisa Martínez. The state-run home, now closed, provided care for children at risk. Porras led the institution for seven months in 1982.
“Today, my colleagues and I express our concern regarding recently received information linking María Consuelo Porras Argueta with a process of illegal adoptions of at least 80 girls and boys of Indigenous Peoples between 1968 and 1996,” stated Margaret Satterthwaite, UN Special Rapporteur on the independence of judges and lawyers. The UN office has called for an “independent investigation” into Porras’ role “as legal guardian of the children from January 21 to August 30, 1982,” according to a statement.
The UN stated that “all persons against whom there are credible allegations of conduct incompatible with human rights standards, especially those who have had the authority to make decisions related to the criminalization or violations of human rights, should not be pre-selected or appointed until a prompt, independent and thorough investigation has been carried out,” in relation to Porras’ candidacy for the Court.
Porras’ First Defeat
Concurrently with the United Nations announcement, an election was held in Antigua Guatemala to select a titular and alternate magistrate for the Constitutional Court, appointed by the University of San Carlos of Guatemala, the country’s only public university. A demonstration took place outside the voting location calling for votes not to be cast for Porras.
The Attorney General submitted her candidacy last week. However, at the conclusion of the vote count, no votes were cast for Porras, effectively removing her from contention for the Court.
“I believe that the fact that Consuelo Porras was not elected was a matter of clamor from the Guatemalan population after all the international questioning she faces,” said Deputy José Chic, of the VOS party, the only one to accompany the demonstration.
Chic explained that Porras could now seek the position through Congress or the Supreme Court of Justice, both of which are still pending to nominate a magistrate to the Constitutional Court, as the period for replacement expires in April.
Consuelo Porras has led the MP since May 2018. In 2022, she won re-election despite being included by the United States a year prior on a list of corrupt and anti-democratic actors for “obstructing” investigations into corruption cases in the Central American nation. She was subsequently sanctioned by 40 countries for “suspected corruption and actions that undermine democracy and the rule of law.” In 2023, Guatemalan President Bernardo Arévalo accused her of orchestrating a failed coup d’état. Porras has been a key antagonist of the current government.
reports from national and international human rights organizations indicate that over 100 people have gone into exile due to persecution led by the MP, including justice operators, journalists, and human rights activists.
The Attorney General is set to conclude her term at the MP in May of this year. As the first Attorney General to be re-elected, she would lose immunity if she does not remain in the position, and currently faces dozens of complaints.
700 Cases Under Suspicion
A source close to the International Commission Against Impunity in Guatemala (CICIG) spoke with EL PAÍS under condition of anonymity and stated that between 2009 and 2013, the organization documented over 700 cases of illegal adoptions between the 1980s and the 2000s. All of these files, according to the source, were transferred to the newly created Human Trafficking Prosecutor’s Office of the Public Ministry.
“There was not much echo regarding these investigations, which were tried to be investigated as crimes against humanity. With the creation of the Human Trafficking Prosecutor’s Office, the files were transferred to the MP and a specialized unit was created for these cases. Under the Attorney General’s Office of Porras, that unit was dismantled and, until a few years ago, only had one prosecutor and two assistants to investigate the 700 cases,” the source noted.
According to the source, a complex network for the sale of indigenous Guatemalan children existed between the 1980s and 1990s, rooted in the armed conflict (1960-1996). “The modus operandi was that the military would arrive in a place where there were mass rapes of women, they would become pregnant, some were forced to have abortions and others had their children taken from them, they were taken away and sold. There were a quality number of clients from Europe and the United States,” the source said. “Prices varied: if it was a girl it was worth more, if it was a boy less, if it was a baby, if it was white or brown. They varied, but they came to pay up to $60,000 for a boy and a girl,” they added.
According to the source, the role of “legal guardian” fulfilled by Consuelo Porras, for which the UN links her to the sale of 80 indigenous children, was to “authorize” the adoption of a minor. “It was a very large network in which judges, notaries, former Supreme Court magistrates were involved, and also many clandestine nurseries, even monasteries,” the source said.
According to the source, with the entry of the Law against Human Trafficking in Guatemala in 2013, the operations of the structures dedicated to the sale of children changed, but the phenomenon has not ended.
Frequently Asked Questions
What is the accusation against Consuelo Porras?
Consuelo Porras Argueta, the Attorney General of Guatemala, is accused of being “allegedly involved in illegal adoptions” of indigenous children in the 1980s, according to the Office of the United Nations High Commissioner for Human Rights.
What happened with Porras’ attempt to join the Constitutional Court?
Porras’ attempt to secure a position on the Constitutional Court failed, as she did not receive any votes in the election held by the University of San Carlos of Guatemala.
How many cases of illegal adoptions were documented by CICIG?
Between 2009 and 2013, the International Commission Against Impunity in Guatemala (CICIG) documented over 700 cases of illegal adoptions between the 1980s and the 2000s.
As Guatemala navigates these complex allegations and political challenges, what impact will international pressure have on the pursuit of justice and accountability?
