E/CN.4/2003/90/Add.2 page 9 14. The Peace Agreements provided for constitutional reform on various issues, including recognition of the rights of the indigenous peoples. In 1999, in accordance with the Agreements, a referendum was held on these reforms, which were partially drawn up and approved by the Congress. However, the proposal was rejected by a small margin. According to a number of observers, the questions in the referendum were drafted and manipulated in such a way as to ensure that the favourable indigenous vote did not give rise to a majority.10 The Special Rapporteur noted the feeling of disappointment and frustration among the country’s indigenous organizations in this regard. 15. Discrimination against the indigenous peoples permeates society in Guatemala and is a feature of the political and economic system. Under the Agreement on Identity and Rights, one of the most urgent tasks is to eliminate legal and de facto discrimination by means of a variety of juridical and institutional measures. During the Special Rapporteur’s visit to the country, the Congress adopted an amendment to the Penal Code categorizing discrimination, including discrimination on ethnic grounds, as an offence. Although strictly speaking this legislation complies with one of the stipulations of the Peace Agreements, it does not in fact constitute a law against discrimination in the broad sense, nor does it describe ethnic and racial discrimination against the indigenous peoples as a social scourge which must be eradicated. There remains a need to revise all current legislation in order to eliminate its discriminatory aspects. The MINUGUA report notes that progress made on these issues is uneven, and there have been serious delays in compliance with some of the most important commitments.11 16. There are various types of racial and ethnic discrimination: legal, interpersonal, institutional and structural. In Guatemala all these types still exist, some being more prominent than others. Delays in legal matters do not of course reflect a sort of legal apartheid, but rather the fact that the laws are not worded in a manner conducive to full enjoyment by the indigenous peoples of all their human rights, and the fact that domestic legislation is still not sufficiently in keeping with the principles laid down in the Peace Agreements. 17. Interpersonal discrimination has been extensively documented, and takes the form of attitudes of rejection and exclusion vis-à-vis indigenous people on the part of the mestizo and White population. It affects women in particular, especially when they wear traditional indigenous dress, as well as girls and boys in schools, public places and the street. The mass media also spread on an extensive scale stereotypes and prejudices which are deleterious to the image of the indigenous peoples, and these are repeated in conversions and in personal attitudes. The Peace Agreements set out a commitment to combat this persistent and pernicious form of ethnic and racial discrimination through education, social communication and creation of awareness among the public. But little progress has been made to date. 18. Institutional discrimination takes the form of a bias against indigenous peoples in the distribution of public expenditure and collective goods. It may be seen, inter alia, in the low socio-economic indicators applying to the indigenous population, the low level of indigenous participation in public administration and in political and governmental forums, and the fact that indigenous Guatemalans form a majority of the rank and file in the armed forces and an absolute minority among the officers. The indigenous peoples and communities benefit much less from educational and health facilities, the administration of justice, public and private investment, basic infrastructure and other services than their numbers would merit.