A/HRC/39/17/Add.3 I. Introduction 1. The present report examines the situation of indigenous peoples in Guatemala, drawing on information received by the Special Rapporteur during her visit to the country from 1 to 10 May 2018 and on independent research. The report takes account of the progress made in applying the recommendations made by previous Special Rapporteurs following their official visits to the country in 20021 and 20102 and the follow-up given to recommendations made by the international and regional human rights treaty bodies. 2. In the course of her visit, the Special Rapporteur held meetings with high-level representatives of a number of different ministries, the Congress of the Republic, the Supreme Court, the Constitutional Court, the Public Prosecution Service, the Office of the Human Rights Procurator, the Presidential Commission on Discrimination and Racism against Indigenous Peoples and the Presidential Commission for Coordination of Human Rights Policies, among others. She also held meetings with the indigenous authorities, indigenous women, civil society organizations, representatives of the business sector, the United Nations system and the international community. 3. The Special Rapporteur visited various indigenous communities and held meetings attended by about 10,000 people from the Maya Mam, Sipakapense, Chuj, Akatek, Q’aanjob’al, Ixil, Kaqchikel, Tz’utujil, K’iche’, Ch’orti, Q’eqchi’, Poqomchi’ and Achi’ peoples and the multilingual communities of Ixcán and Petén and also representatives of the Xinka and Garifuna peoples in San Marcos, Chiquimula, Alta Verapaz and Santa Rosa departments. She also visited two detention centres: the Pretrial Detention Centre in District 18 of Guatemala City and Cobán prison in Alta Verapaz. 4. The Special Rapporteur would like to thank the Government of Guatemala for its cooperation and for permitting her to carry out her visit in a free and independent manner. She also wishes to express her thanks for the support of the staff of the Office of the United Nations High Commissioner for Human Rights in Guatemala and Geneva. She is profoundly grateful to the indigenous peoples who received her in their territories and to all those who made special journeys to share their experiences and concerns. II. General considerations 5. When considering the human rights situation of the indigenous peoples in Guatemala, it is important to bear in mind that they constitute the majority of the country’s population. Despite their majority status, the indigenous peoples have never participated on an equal footing in the country’s political, social, cultural or economic life. There have been no concerted efforts to come together to build a society based on the rich and vibrant multiethnic, multicultural and multilingual reality of the country that the Special Rapporteur observed during her visit. 6. The situation of the indigenous peoples has been determined by fundamental historical and structural issues. Impunity, corruption, institutional weakness and extreme economic and social inequality are factors that are intimately linked with the problems facing the country. Patterns of violence and repression also persist, particularly in the indigenous territories, thus keeping alive the legacy of violence and genocide dating from the time of the internal armed conflict of 1960 to 1996. Although 22 years have passed since the Peace Agreements were signed, the justice and the comprehensive redress that would lead to true national reconciliation have still not been achieved. 7. The main structural problem affecting the Maya, Xinka and Garifuna peoples of Guatemala is all-pervasive racism and discrimination, which amount to de facto racial segregation and impinge on all areas of life. A previous Special Rapporteur, Mr. Stavenhagen, highlighted the four interrelated forms of discrimination that were present in 1 2 GE.18-13268 E/CN.4/2003/90/Add.2. A/HRC/15/37/Add.8. 3