E/CN.4/2003/90/Add.2 page 29 10 “The reform proposal […] contained more than 80 questions in a complicated text. […] With 18.5 per cent participation […] the result of the referendum was negative. […] The results varied markedly […] depending on whether or not the indigenous population was in the majority. The … campaign revealed the continuing existence of strong racial prejudices in broad sectors of the population.” Ibid., para. 11. 11 Ibid., para. 26. 12 General Assembly resolution 54/99, para. 3. 13 The Commission was set up on 9 October 2002 and will have the task of drawing up Government policies to eradicate racial discrimination. Its functions include those of providing advice and support to the various State institutions, as well as private institutions, in devising effective machinery to combat discrimination and racism affecting the indigenous peoples. Source: Government of Guatemala, progress report, August - 15 November 2002. 14 United Nations Development Programme, Informe Nacional de Desarrollo Humano 2002 (National Report on Human Development, 2002), chap. VI, on access to land. 15 MINUGUA, Situación de los compromisos relativos a la tierra en los Acuerdos de Paz. Verification report, 2000. 16 MINUGUA, The indigenous peoples of Guatemala: Overcoming discrimination in the framework of the Peace Agreements, Verification report, United Nations, September 2001, p. 26. 17 Congress decree No. 79-97. 18 Under the law, these courts are composed of a presiding judge and two ordinary judges, a secretary, two officials and an assistant. 19 Cf. Informe sobre la evaluación de los Juzgados de Paz Comunitarios (Evaluation report on community courts of the peace), prepared by the Supreme Court in 1999. 20 Cf. Mapa de progresos en derechos humanos: Guatemala; Inter-American Institute of Human Rights, 2002. 21 Under the Agreement, the Government undertakes, inter alia, to encourage the legislature to develop legal standards recognizing the right of the indigenous communities to manage their internal affairs, in accordance with their customary rules. 22 23 These patrols should have been totally dismantled in accordance with the Peace Agreements. MINUGUA, Los linchamientos: un flagelo que persiste (The persistent scourge of the lynchings), verification report, June 2002, para. 77.

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