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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