E/CN.4/2003/90/Add.2 page 2 Executive summary This report is submitted in accordance with Commission on Human Rights resolution 2001/57, and covers the official visit to Guatemala made by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people from 1 to 11 September 2002. Guatemala is a multi-ethnic, pluricultural and multilingual society, in which around half of the population of 12 million belong to the Maya, Xinca and Garífuna indigenous peoples. In a number of regions of the country, especially in rural areas, indigenous peoples make up a majority of the population. National identity in Guatemala is based to a large extent on the living cultures of its indigenous peoples with their traditions, their community values, their languages and their spirituality. But far from being full and equal partners with the rest of the population, indigenous people have been subjected to political exclusion, cultural discrimination and economic marginalization from society. While the extremely difficult situation facing the Mayas, Xinca and Garífuna is highlighted by the indicators of human and social development, they also experience daily racial and ethnic discrimination, which takes the form of attitudes of disdain and rejection towards indigenous people, even in the media, prejudice against various aspects of their culture, such as their spirituality and the use of their languages, and a general picture of disadvantage in gaining access to the benefits of development and political and social involvement. The human rights situation of the indigenous peoples in Guatemala should be viewed in the context of the 1996 Peace Agreements which put an end to over 30 years of domestic armed conflict. In pursuance of these agreements, the Government has taken a variety of steps which, though significant, have proved ineffective and inadequate owing to the lack of resources earmarked for the purpose and a lack of political will for their implementation. The Secretary-General has reported delays in the application of these agreements. One of the fundamental problems affecting the indigenous peoples relates to the right to land. The lack of access to land, the lack of response to land-related claims, lack of respect for traditional places such as communal forests, forced resettlement of indigenous peoples as a result of economic development projects, and problems stemming from loss of land caused by the armed conflict, create a situation of rising social tensions. The situation faced by indigenous women is especially insecure. Another issue of concern is the position of indigenous peoples in respect of access to justice. While the Government has taken various steps to broaden the system of administration of justice throughout the country, particularly in the indigenous areas, the coverage remains inadequate. The indigenous peoples complain of difficult access to the courts, discrimination against their customary law and the lack of interpreters using indigenous languages in the courts, as well as the lack of court-appointed counsel.