E/C.12/1/Add.93
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B. Positive aspects
4.
The Committee notes with satisfaction the constitutional provisions establishing the post
of the Prosecutor for Human Rights (articles 273-275 of the Constitution), as well as the
adoption of the Law on the Parliamentary Commission on Human Rights, and the Law on the
Prosecutor for Human Rights. The Committee also welcomes the elaboration by the Prosecutor
for Human Rights of a Management Plan for the period 2002-2007.
5.
The Committee welcomes the establishment of the Office for the Defence of Indigenous
Women’s Rights for the promotion and development of proposals for government policies, plans
and programmes for the defence of the rights of indigenous women.
6.
The Committee takes note with satisfaction of the adoption of Legislative Decree No. 19
of May 2003 on national languages recognizing, promoting and respecting the languages of the
Maya, Garifuna and Xinka people.
7.
The Committee welcomes the ratification by Guatemala of the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well
as its adherence to the Inter-American Convention on the Elimination of All Forms of
Discrimination against Persons with Disabilities.
8.
The Committee welcomes the invitation extended to it by the State party’s delegation to
visit Guatemala in the foreseeable future.
C. Factors and difficulties impeding the implementation of the Covenant
9.
The Committee takes note that the consequences of the armed conflict have seriously
affected the full enjoyment of economic, social and cultural rights.
D. Principal subjects of concern
10.
The Committee is concerned by the insufficient progress made by the State party towards
the effective implementation of the Peace Agreements of 1996 (including the Global Agreement
on Human Rights, the Agreement on Social and Economic Aspects and the Agrarian Situation)
which have led to persistent serious problems, such as violence at the national level,
intimidation, corruption, impunity and lack of constitutional, fiscal, educational and agrarian
reforms. All these have impacted adversely on the full realization of economic, social and
cultural rights enshrined in the Covenant, particularly with regard to indigenous peoples.
11.
The Committee is concerned about the persisting discrimination against indigenous
peoples, with regard to access to, inter alia, land ownership, work, education, health services and
adequate nutrition and housing.
12.
The Committee is concerned about the de facto inequality between women and men,
which is perpetuated by traditional prejudices and social conditions, in spite of an important
number of legal instruments adopted by the State party.