CERD/C/GTM/CO/11
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Racism against Indigenous Peoples in Guatemala and the Ministry of
Education.
13.
While the Committee recognizes that the classification of discrimination as an offence
under article 202 bis of the Criminal Code constitutes legal progress, it regrets that there is no
domestic legislation that specifically prohibits and provides sanctions for racial discrimination.
(art. 4, subpara. (a)).
The Committee recommends that the State party adopt specific
legislation classifying as a punishable act any dissemination of ideas
based on notions of superiority or racial hatred, incitement to racial
discrimination, and violent acts directed against indigenous peoples
and persons of African descent in the State party.
14.
While the Committee notes the progress that has been made in preventing racial
discrimination in the administration of justice in respect of indigenous peoples, it reiterates its
concern at the problems experienced by indigenous peoples in gaining access to the justice
system, particularly because the indigenous legal system is not recognized and applied and
because of the lack of interpreters and bilingual counsel available for court proceedings. (art.
5, subpara. (a)).
The Committee reminds the State party of its General
Recommendation 31 on the prevention of racial discrimination in the
administration and functioning of the criminal justice system (para. 5
(e)), which calls on the State party to ensure respect for, and
recognition of the traditional systems of justice of indigenous peoples,
in conformity with international human rights law. The Committee
also recommends that the State party guarantee the right of
indigenous peoples to the use of interpreters and bilingual counsel in
court proceedings.
15.
The Committee is concerned at violence, including domestic violence against
indigenous women. (art. 5, subpara. (b)).
Bearing in mind its General Recommendation 25, the Committee
recommends that the State party guarantee indigenous women access
to the justice system. Furthermore, it recommends that the State
party adopt the bill classifying sexual harassment as an offence, and
that the commission of such an offence against an indigenous woman
shall constitute an aggravating circumstance.
16.
The Committee notes with concern the low level of participation, especially by
indigenous women, in political life and in particular the lack of representation in Congress of
the Xinca and Garifuna peoples. The Committee is likewise concerned by the absence of any
specific reference to indigenous political participation in the Elections and Political Parties Act
(art. 5, subpara. (c)).
The Committee, bearing in mind paragraph 4 (d) of its general
recommendation 23, recommends that the State party redouble its
efforts to ensure the full participation of indigenous peoples, especially