E/CN.4/2003/90/Add.2
page 5
Introduction
1.
In resolution 2001/57, the Commission on Human Rights created the post of Special
Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
with the task of receiving and exchanging information from Governments, indigenous
communities and other important sources concerning the situation of fundamental rights and
freedoms of indigenous people and formulating recommendations and proposals on possible
measures and activities to prevent violations of those rights and freedoms. The Commission
called on Governments to invite the Special Rapporteur to visit their countries.
2.
Following an invitation from the Government, the Special Rapporteur visited Guatemala
from 1 to 11 September 2002. The Special Rapporteur expresses appreciation to the
Government of Guatemala for the invitation and the cordial welcome and cooperation he
received. He also wishes to thank the Presidential Human Rights Commission (COPREDEH)
for organizing his meetings with government officials. Likewise, he expresses his gratitude to
the United Nations Development Programme (UNDP) - Guatemala, the United Nations
Verification Mission in Guatemala (MINUGUA) and the representative of the Office of the
United Nations Commissioner for Human Rights in Guatemala for his excellent work and for
arranging an extensive and well-organized programme of meetings, as well as providing
infrastructure and logistics for the mission.1 He also wishes to thank the many indigenous
organizations for their time and the valuable information they supplied. Lastly, he wishes to
express appreciation to the Inter-American Institute of Human Rights for its cooperation, and
offer his sincerest thanks to Diego Iturralde of the Institute, as well as Julian Burger, of the
Indigenous People and Minority Unit in the High Commissioner’s Office, for accompanying
him and helping in the preparation of this report. The programme of the mission appears in
annex 1.
3.
The Special Rapporteur’s visit to Guatemala was his first official mission to a
Member State following his appointment in June 2001. Guatemala is of special interest and
concern to the Special Rapporteur because of its demographic and cultural characteristics.
In 1996 a wide-ranging peace agreement was signed by the Government and the armed
opposition, putting an end to 36 years of bloody domestic conflict. It provided for the dispatch
of a United Nations Verification Mission in Guatemala (MINUGUA) to check on
implementation, but the mission is due to end its work in December 2003. MINUGUA has
reported that the undertakings in the Peace Agreements relating to indigenous rights have not
been completely fulfilled.
4.
This report is based on information supplied by government officials, representatives of
the United Nations system in the country and indigenous people’s organizations, as well as other
non-governmental organizations and the academic community. The Special Rapporteur paid
special attention in his work to the Agreement on Identity and Rights of Indigenous People and
the Comprehensive Agreement on Human Rights, which form part of the Peace Agreements and
set out a framework for reconciliation, security and justice for the indigenous peoples in the
country.