E/CN.4/2003/90/Add.2
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communities, and threats to and harassment of investigators, activists and human rights
defenders, all of which was highlighted by the Special Representative of the Secretary-General
on the situation of human rights defenders during her mission to Guatemala in May 2000, and
was confirmed by the Special Rapporteur during his own visit.24
40.
The above situation is exacerbated by the lack of support for research on and the
systematization of indigenous legal arrangements, the absence of this topic from curricula in
higher education, and the insecure legal and economic situation in which indigenous
organizations providing legal services for the indigenous peoples and communities carry out
their work.
41.
In conclusion, the Special Rapporteur has been informed about the systematic failure to
comply with the reparation commitments set out in the Peace Agreements and indicated as part
of the process of “historical clarification”; the continuing impunity with regard to many of the
violations of fundamental rights during the domestic armed conflict which affected many
indigenous people and communities; and the persistence of violent acts which affect indigenous
people and their communities, and would seem to be clearly associated with an unresolved
conflict and the perpetuation of non-formal structures of control and oppression which have not
been properly eradicated.
Indigenous participation in politics
42.
The exclusion of the indigenous peoples from their role as citizens has been a
characteristic feature of the political structure of Guatemala since colonial times and throughout
the life of the Republic. This phenomenon traditionally involved the subordination of traditional
forms of organization of the communities and peoples and exercise of their authority (indigenous
mayors and guilds, for example); the belated granting of the right to vote; high rates of
abstentionism among indigenous voters - continuing to the present time; the absence of
indigenous people in elected posts or public offices of responsibility, including military
commands; and in general scant influence on the part of indigenous peoples in decision-making
concerning national life. Mention must be made of the high proportion of persons of an age to
vote who are not registered in the voters’ lists and the non-documentation of women, refugees
and internally displaced persons, which contributes to low levels of voter participation in rural
areas. These conditions worsened during the years of domestic armed conflict, inter alia as a
result of the implementation of a strategy to destroy the rural social fabric, harass the traditional
authorities, induce inter-community and inter-ethnic confrontations, and train and maintain
paramilitary control groups (Civil Self-Defence Patrols and Comisionados Militares); and other
associated effects of the displacement and subsequent resettlement of the indigenous population.
43.
The Agreement on identity and rights (sect. IV-D) sets out measures and proposes
reforms including: the establishment of mandatory consultation mechanisms, institutional forms
of participation by indigenous people in decision-making, institutions representing the
indigenous peoples and guaranteed free access to public office. Other Peace Agreements
contained commitments to reform the voting system, dissolve the Civil Self-Defence Patrols and
reduce and limit the Army to its specific military functions.