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community land are given legal status), which have the potential to involve the indigenous
peoples to a greater extent in Guatemalan political life. Despite this progress, however, the
Special Rapporteur received a clear message, reiterated by various sources, that there is a
lack of political will to implement these very necessary changes which were formally agreed
in the Peace Agreements.
63.
The genocide of indigenous peoples during the armed conflict is a living memory
and an open wound in Guatemalan society. This was apparent in many of the interviews
conducted by the Special Rapporteur. Notwithstanding the amnesty agreements which
made it possible for the Peace Agreements to be signed, many indigenous people expressed
indignation at the impunity enjoyed by the perpetrators of those crimes. The Special
Rapporteur was informed that some individuals associated with the worst forms of violence
during the civil war continue to play important roles locally and nationally. Several
non-governmental organizations noted with concern the continuing militarization and
reactivation of the Civil Self-Defence Patrols, which committed massive human rights
violations during the conflict.
64.
These factors and various attacks on indigenous representatives and human rights
defenders recorded by MINUGUA, by national and international human rights
organizations and, more recently, by the Special Representative of the Secretary-General
on the situation of human rights defenders (E/CN.4/2003/104/Add.2), point to a society
whose indigenous citizens cannot be confident that the law will be applied equally and
strictly to perpetrators of human rights violations.
65.
In the Special Rapporteur’s opinion, the climate of fear generated by the apparent
impunity enjoyed by persons guilty of violence against indigenous leaders, the lack of
confidence that the Government and the authorities will fully and fairly apply policies to
improve the situation of the indigenous peoples, and the extreme and debilitating poverty
suffered by the majority of the indigenous communities, are the factors shaping the
lack of political will to which members of the Government and representatives of
non-governmental organizations and international aid agencies have referred.
66.
The Special Rapporteur also wishes to express concern at the imminent closing
down of MINUGUA’s activities at the end of 2003. The report by MINUGUA, published in
September 2001, on delays in meeting the commitments of the Peace Agreements with
reference to the indigenous peoples, tallies with the Special Rapporteur’s observations. In
November 2003 Guatemala will hold presidential elections and various indigenous people
the Rapporteur has spoken to have expressed the fear that they will bring with them even
more uncertainty and perhaps further diminish the relevance of the Peace Agreements as
the necessary framework for national reconciliation. As has been pointed out since the
start of the mission, the national press barely mentions these Agreements and public
opinion practically ignores them.
67.
In his recommendations, the Special Rapporteur addresses three major
stakeholders: the Government, civil society - including the indigenous peoples - and the
international community. In his opinion, the Government should renew its commitment to
the Peace Agreements, provide resources and support for the implementation of the