Por Luis Javier Medina*/Latinioamérica21
The year 2026 will be crucial for Guatemala. The top authorities will select people to man what is known as “second class cargo”. There are many judges in the game, from judges of the Supreme Electoral Tribunal (TSE) to the jefe of the Ministerio Público. These processes are marked by the institutional factors of the selection mechanism and why they occur in a pre-election year. From this we conclude that there is currently a tension between the political aspects that support the continuity of the system, in the face of the reformism of emerging groups.
Second level gates in Guatemala
In the Guatemalan political system, there are second-tier positions such as those that, although not elected by popular vote, are essential to the performance of the functions of the state. Asymism has a fundamental role in terms of democracy, the promotion of justice and the application of the principle of balances and counterbalances within institutions. Because of its importance, groups of different spheres of power have historically influenced selection processes. 2026 will be no exception.
The disputed load is the judges of the TSE, the judges of the Corte de Constitucionalidad (CC), the load of the General Fiscal Office and the Jefe of the Ministry of Público and the load of the Comptroller General de Cuentas. Magistrates from the TSE who were selected in 2026 will tend to join their colleagues in the next year’s general election.
In addition, in 2026, the election process for the rector of the only public university in the country will take place: the University of San Carlos de Guatemala (USAC). This designation, while not defined by the President or Congress, is also relevant. This is because USAC is the only university in the world with the ability to design legal initiatives. In addition, it represented distinct areas of impact in public administration and in Guatemalan politics.
Mechanism of postulation commissions
It is important to emphasize that most run-off elections are based on the postulation committee mechanism. Committees are a temporary body integrated by people from different sectors to pre-select and adjust the nomination of candidates. These act as a filter so that the authority responsible for them receives a list of the best profiles and selects the most suitable one.
For the postulation committee of judges of the TSE, this represents the nomination of 20 candidates to Congress, who will select five titular judges with 107 votes (two thirds). In the case of the Fiscal General, the body that decides is the President on the nomination of six candidates submitted by the relevant postulation committee. And for the general contrarian of the Council, the nomination is proposed by a committee of six candidates, elected by an absolute majority of the Congress.
However, the commissions, although in their creation they represented the involvement of other actors in the number of decisions, were transformed into a medium for the institution of the interests of parallel groups and a pretext for co-opting key institutions. This happened with the College of Abogados and Notaries (CANG), where the assembly elects a representative appointed to the TSE postulation commission and directly elects the magistrate for the CC.
Academy without legitimacy to participate
A similar situation can be observed in the academic sector. For example, for the election of five CC judges, one of them is elected directly by the USAC. It is regrettable that the current rector of the House of Studies has been accused of illegitimacy and of promoting fraud in his favor in the 2022 rector elections. The current rector is chairing the Comisión de postulación para magistrados TSE for this short period of time under the Ley Electoral a de Partidos Politicians.
Private universities are not quedan atrás. Both deans of private faculties and rectors of private universities play an important role in postulation committees. It follows that the postulation committee for the Fiscal General of the Republic reports to all the deans of law faculties existing in the country. A similar situation occurs with the commission for the general contractor: deans of public accounting faculties and auditors agree.
Unfortunately, the ideal of entering the academy, and thus electing the best, was lost with the creation of new universities. In recent years, there has been an increase in the number of private universities. He made it easier for some political actors to influence the process of postulation committees, which earlier caused the credibility of higher education in the country to collapse.
Tensions and election scenarios
All these factors and institutional weaknesses are linked to the socio-political context. It is evident that there is a tension between faces who are able to perpetuate a system focused on their interests and groups with a reformist mission for power. The former are bound by what is called a “corruption agreement” in Guatemala; Second, with the anti-corruption movements that surround the leader of the official party, the Semilla movement.
In all this, the intention of the political actors is clear to avoid a reformist stance, whether through the Movimiento Semilla party or any other organization, carried out in the next elections. It increases the dominance of said processes so that the people who are selected for the second stage load will have the final say in many decisions regarding the 2027 elections.
The progress of a part of the political opposition before President Bernard Aréval and similar people will certainly be highlighted with greater intensity. As a result, if there is more polarization, blockage of the government agenda and continued political crisis, this translates into a scenario of unsustainable government governance in relation to public affairs.
Active participation and oversight of civil society organizations, the international community and citizens in general will be essential to these selection processes. Guatemala must be in the center of regional attention not only because it elects high-ranking officials, but from a perspective, democracy, legitimate statehood and justice are at stake in the country.
*Luis Javier Medina is a Guatemalan political scientist specializing in public policy who studies socio-political issues, analyzes public policy and manages projects for youth organizations
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