E/CN.4/2003/90/Add.2
page 23
legislation adopted to comply with the terms of the Agreements, and guarantee the rule of
law and a fair system for the application of justice. He also considers that closer
cooperation is required between indigenous and non-indigenous groups and civil society in
general, since the transformation of institutions in order to achieve a multicultural State is
the task of all citizens. If the Office of the Human Rights Procurator is to be effective in
monitoring human rights violations and in denouncing and ensuring punishment of the
guilty parties, it must considerably extend the scope of its work with the indigenous
communities and non-governmental organizations and with the mass media, in order to
contribute to a culture which respects these universal values.
68.
The representatives of the international community have mentioned on various
occasions that Guatemala has the capacity as well as the obligation to implement an
effective human rights policy. The role of the United Nations in supporting Guatemala
during the period following the conflict has been useful, but it cannot become a permanent
presence. Government, independent and non-governmental institutions in Guatemala
must take on the monitoring role performed to date by MINUGUA. To some degree, the
transfer of responsibilities has made progress. The Special Rapporteur considers,
however, that the United Nations should retain a presence in Guatemala and strengthen its
activities in the area of the human rights of the indigenous peoples.
V. RECOMMENDATIONS
69.
The current serious situation of the indigenous peoples of Guatemala requires
urgent attention from the Government of Guatemala and the continued cooperation of the
international community.
70.
Although peace has been achieved, Guatemala remains a profoundly unequal and
divided society. The Special Rapporteur recommends that the Government and civil
society as a whole should promote a major national public campaign on respect for cultural
diversity, with a view to achieving justice and the full participation of the indigenous
peoples.
Recommendations to the Government
Peace Agreements
71.
The Special Rapporteur recommends that the Government should carefully review
the progress achieved in implementing the Peace Agreements insofar as they affect the
indigenous peoples, and that it should take all appropriate measures to ensure full
implementation before the end of the current administration.
Participation
72.
The Special Rapporteur recommends that the Government should redouble its
efforts to ensure the full participation of indigenous people in public affairs, and instruct
the authorities to take appropriate measures to ensure that indigenous people participate
at all levels of public administration. He also recommends that steps should be taken to