E/CN.4/2003/90/Add.2
page 24
facilitate indigenous participation in the Development Councils, and that the necessary
information and financial support should be furnished to enable indigenous representatives
to participate on an equal footing. The steps taken by the Government to decentralize the
decision-making process are positive, but a redoubling of efforts is needed if they are to be
genuinely effective.
Land
73.
The Special Rapporteur recognizes the fundamental importance of land for the
indigenous peoples, and appeals for land of appropriate quality to be provided to returning
refugees, indigenous women affected by the conflict and the communities which were
illegally dispossessed of their lands during the war. He recommends the establishment of a
land register identifying indigenous communal land. He further recommends that
appropriate State measures should recognize and support the right of the indigenous
peoples to maintain their own economic system, including subsistence agriculture. There is
a need for the Government to implement to the full the Agreement on Social and Economic
Aspects and the Agrarian Situation which is part of the Peace Agreements.
Justice
74.
The Special Rapporteur calls on the Government to provide access to justice for
everyone, and in particular to take measures to ensure that areas predominantly inhabited
by indigenous peoples are able to benefit from access to the legal system. The Government
should continue to increase the provision of judicial officials to rural areas and train judges
and other judicial officials to work in multi-ethnic regions, through dialogue with the
indigenous peoples. The Special Rapporteur recommends that there should be legal
interpreters in all jurisdictions where indigenous peoples live in order to assist them in
legal and administrative matters. In particular, efforts should be made to ensure that the
judicial officials themselves at all levels are familiar with the indigenous language of the
region in which they work. He also recommends that legislative measures should be taken
to recognize and respect the practice of indigenous law and the indigenous legal authorities.
75.
The Special Rapporteur urgently calls for an end to the impunity of the
perpetrators of criminal acts against human rights defenders and activists and
organizations of indigenous peoples. He also joins other international observers in
recommending the abolition of the death penalty.
Discrimination
76.
The Special Rapporteur recognizes that the categorization of discrimination as an
offence in the Penal Code constitutes legal progress, but recommends that a specific law
should also be adopted to combat ethnic, racial and gender discrimination. He urges the
Government to recognize the competence of the Committee on the Elimination of Racial
Discrimination. He calls on the Government to redouble its efforts to promote respect for
Guatemala’s various cultures, and recommends that a national campaign should be
initiated to promote multiculturalism and respect for the dignity of the indigenous peoples.