E/CN.4/2003/90/Add.2 page 21 58. The Special Rapporteur was informed that, although progress has been made as regards tolerance of indigenous rituals by society as a whole - which has meant that these practices are no longer clandestine - a series of obstacles and threats still remain which impede enjoyment of this right. In particular, it was reported repeatedly that some members of the ecclesiastical hierarchy (Catholic and Evangelical) prevent the use of traditional ceremonial places in the immediate environs of Catholic and Protestant churches; that private owners of agricultural land hamper access to sacred places located within their boundaries; that law enforcement personnel track and confiscate the collections of natural products used in indigenous ceremonies (such as forest resins and medicinal plants); and that some water collection and distribution installations in rural areas affect the sources and springs which the indigenous population consider to be places of particular spiritual importance. The conflicts arising from these tensions are handled by judicial officials as criminal matters and frequently lead to violent clashes between those involved. 59. These matters are also related to the practice of indigenous traditional medicine, safeguarded in the Agreement on Social and Economic Aspects and the Agrarian Situation (sect. II-B), which suffers from obstacles and threats of the same type. 60. The wearing of traditional indigenous dress - mainly by women - is closely bound up with spiritual practices and is a very important element of social and ethnic identity. The Constitution (art. 66) and the Agreement on Identity and Rights (sect. III-E) guarantee the right to wear such dress and provide for measures to combat the de facto discrimination arising from the exercise of this right. The Special Rapporteur was informed of several cases of non-compliance with this principle, in particular relating to access to public places (such as restaurants and discotheques), the wearing of school uniforms and the ban on wearing indigenous dress on the premises of the industries in the export processing zones. IV. CONCLUSIONS 61. In December 2002 news was received of the murder of a well-known indigenous leader, Mr. Antonio Pop Caal, a lawyer and Q’eqchi spiritual leader. His death underlines the climate of poor security and violence which continues to prevail in Guatemala and particularly affects the indigenous peoples. Over six years have passed since the Peace Agreements were signed and yet peace, stability and physical safety for all Guatemalan citizens are still far from being achieved. The clear message the indigenous peoples sent to the Special Rapporteur, confirmed by official sources including the United Nations and the Government, is that they continue to be marginalized, rejected and discriminated against in Guatemala today. 62. The Special Rapporteur was also informed of the Government’s efforts to improve the situation of the indigenous peoples; he was able to meet government officials, including high-level indigenous officials, who are fully committed to the effective implementation of the Peace Agreements. Various laws have been adopted, including the Urban and Rural Development Councils Act and the Municipal Code (in which indigenous communities, indigenous mayors, consultations with indigenous communities or authorities and

Select target paragraph3