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society organizations in their work to improve the human rights situation in the
various countries.
26. There have been a number of changes and
situation of indigenous people in Guatemala.
awareness of the need to prioritize human rights
has led to the creation of various forums for
peoples and the Government.
improvements in the human rights
The State authorities’ increasing
issues is especially significant and
dialogue between the indigenous
27. Official recognition of crimes committed during the armed conflict and having
a profound impact on indigenous communities is also particularly significant. In that
respect, the importance of the first cases of judicial sentences for discrimination
against indigenous people should be stressed.
28. In spite of this significant progress, the visit to Guatemala also created an
opportunity to illustrate that the level of discrimination and racism against
indigenous peoples is still very high, and the status of indigenous women and
children was cause for much concern. During his mission, the Special Rapporteur
was also able to observe great delays in the process to implement the Peace
Agreements, in particular the Agreement on Identity and Rights of Indigenous
Peoples. The bodies created for the protection of indigenous rights do not have an
adequate institutional base or budgetary allocations. The system of justice
administration requires substantial and urgent support in order to ensure that
indigenous persons, especially indigenous women, have access to it when their
human rights are violated. The recognition of indigenous customary law, under the
umbrella of Guatemalan legislation itself and within the framework of respect for
international human rights standards, is therefore crucial.
29. Despite official recognition of the atrocities committed during the armed
conflict and the State’s responsibility, the indigenous communities clearly feel that
justice will not be served until all the perpetrators of these crimes are punished.
30. In Mexico, a number of activities have been aimed at developing an
appropriate methodology to assess the degree of compliance with the Special
Rapporteur’s recommendations. Together with governmental authorities and
indigenous and human rights organizations, the Special Rapporteur has taken part in
some of these activities. He has also visited indigenous communities in various parts
of the country to obtain first-hand information. The authorities have dealt with some
of the needs expressed by many indigenous communities in Mexico, providing such
things as infrastructure works, social services and support for productive activities.
Given the considerable backlog of accumulated needs, however, these forms of
support have been insufficient. The portion of the Government’s budget devoted to
solving the enormous problems facing indigenous communities has not been
increased in recent years. Worse yet, in some cases the authorities have taken
decisions on development projects in indigenous areas whose outcome could have a
serious impact on human rights in the affected communities, as has been the case in
the La Parota dam construction project in the State of Guerrero. Modification of the
Indigenous Act of 2001 — which has been incorporated into the Constitution — and
compliance with the San Andrés peace accords, as recommended in the Special
Rapporteur’s report on his official mission to Mexico in 2003, are still pending.
31. On 2 and 3 October 2006, the Special Rapporteur took part in a meeting held
in Ottawa with representatives of the Government of Canada and various indigenous
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