USA / GUATEALA – The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutions in Guatemala hereby shares its observations regarding the schedule of the Nominating Committee of the Supreme Electoral Tribunal and the process for the designation of magistrates to the Constitutional Court by the Higher University Council (CSU) of the University of San Carlos of Guatemala (USAC).
Supreme Electoral Tribunal (TSE)
The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutions in Guatemala takes note of recent events related to the work of the Nominating Committee responsible for compiling the shortlist of candidates for positions as magistrates of the Supreme Electoral Tribunal (TSE), a process that is decisive for electoral integrity, the rule of law, and democratic stability in the country.
In particular, the Mission observes with concern that, according to the schedule approved by the Committee, no interviews with the candidates for the TSE magistracies are planned. The Mission recalls that the applicable regulatory framework establishes that, within a period of 30 days from the date of its installation, the Nominating Committee must carry out its functions, and that its sessions must be public. In this context, and considering that the schedule itself provides for the submission of the shortlist to the Congress of the Republic on February 16, within the legally established deadlines, the Mission considers that there is sufficient margin to incorporate public and standardised interviews as an integral part of a more robust, comprehensive public evaluation.
The Mission urges the Nominating Committee to reconsider the exclusion of interviews and to schedule them under clear, objective, useful, and equitable rules. In the Mission’s view, interviews are an appropriate practice for strengthening:
– Transparency and the public nature of the process, through open hearings that are recorded and, if possible, broadcast;
– Equity and equality of opportunity, by guaranteeing uniform conditions (same timeframe, same rules, criteria, and useful and relevant baseline questions) for all candidates;
Accountability and social oversight, by allowing the public and observers to directly learn about the criteria, backgrounds, and democratic commitments of those aspiring to lead the electoral authority.
Likewise, the Mission considers that, in a scenario where the pool of candidates is limited or manageable, the conduct of interviews is even more viable and reasonable; and, in any case, interviews may be implemented at least for those who pass the initial verification of requirements and advance to decisive evaluation stages. In this regard, the Mission takes note of inputs and monitoring guidelines that consider interviews and their methodology as a relevant component for assessing the suitability of candidates and strengthening the public nature of the process.
Higher University Council (CSU) of the University of San Carlos of Guatemala (USAC)
The Mission takes note of information received indicating that the Higher University Council (CSU) of the University of San Carlos of Guatemala approved the call for applications and the holding of sessions for the process of appointing a magistrate to the Constitutional Court, with the election scheduled for February 16, 2026, with the receipt of candidates’ files on February 5 and 6, 2026.
This process is unfolding in an institutional context that presents significant weaknesses. In particular, it has been reported that, although certain university bodies that form part of the CSU have already been elected in accordance with the applicable university regulations, they have not been incorporated nor allowed to take office, affecting at least five council members.
This exclusion of legitimately elected authorities directly affects the regular composition of the body responsible for appointing magistrates to the Constitutional Court. For this reason, and in order to move forward with decisions of high constitutional significance, the Mission expressly calls for the immediate incorporation and swearing-in of all validly elected university authorities, so that the CSU may be fully integrated and duly constituted. Failure to do so puts at risk the legality, representativeness, and legitimacy of the process, and may give rise to subsequent disputes that affect institutional stability.
The Mission urges that any call or action related to the election of constitutional magistrates be carried out only when the competent university bodies are complete and regularly constituted, in strict adherence to the principle of legality and the standards of legal certainty that govern the processes for appointing high-level state authorities.
The Special Mission of the OAS reiterates its willingness to continue monitoring these processes and to accompany, within the framework of its mandate, efforts aimed at strengthening democratic institutions. Likewise, it urges all actors to conduct their actions with strict respect for the Constitution, the current legal framework, and democratic principles, avoiding decisions that weaken public trust in electoral authorities and in the system of checks and balances.
