A/HRC/39/17/Add.3 the country: legal, interpersonal, institutional and structural. Fifteen years after his visit, the Special Rapporteur could see that, sadly, this situation persists. The indigenous peoples face structural racism in their daily lives, as evidenced in the failure to protect their lands, territories and natural resources and their difficulties in obtaining access to education, formal employment, health care, political participation and justice. 8. The total population of Guatemala is estimated to be in excess of 14.5 million. 3 Estimates of what percentage the indigenous peoples constitute vary widely, depending on the source used. A positive step forward is that, in the 2018 census, the authorities are going to use the criterion of self-identification for the first time on the basis of a respondent’s ethnic group and other elements of cultural identity that could help clarify official estimates of the indigenous population. 9. Three indigenous peoples are recognized in Guatemala: the Maya, the Xinka and the Garifuna. The Maya people comprises 22 sociolinguistic groups. The Q’eqchi’, Kaqchikel, K’iche’ and Mam peoples make up 80 per cent of the Maya population. In Totonicapán, Sololá, Alta Verapaz and Quiché departments, Maya constitute 90 per cent to 97 per cent of the population. 10. According to the 2002 census, 16,214 people self-identified as members of the Xinka people. According to the data of the Parliament of the Xinka People of Guatemala, 351,111 people self-identified as Xinka in 2017 in Santa Rosa, Jalapa and Jutiapa departments. 11. The Garifuna people are based on the Caribbean coast in Izabal department. According to the 2002 census, 5,040 people self-identified as Garifuna, but, according to their own sources, the actual number is about 17,000. The mass migration to the cities and abroad is explained by the difficult socioeconomic circumstances and the racism and discrimination suffered by Guatemalan Garifuna. 12. The Xinka and Garifuna peoples received State recognition as indigenous peoples of Guatemala for the first time in the Agreement on Identity and Rights of Indigenous People but are still calling for constitutional recognition. The Special Rapporteur heard worrying allegations of attempts to deny the Xinka people their right to self-identification. Garifuna organizations condemned the trivialization of their culture, saying that depicting it as folklore had the effect of excluding and marginalizing it. III. Indigenous rights and the legal and institutional framework Constitution and international obligations 13. Section III of the Guatemalan Constitution of 1985 states that Guatemala is made up of “various ethnic groups, which include indigenous groups of Maya origin” and declares that the State “recognizes, respects and promotes their ways of life, customs, traditions, forms of organization, the use by men and women of indigenous costume, and languages and dialects” (art. 66). Article 67 provides that the lands of indigenous communities receive special protection from the State. Under article 68, the State undertakes to adopt appropriate legislation and programmes to provide the indigenous communities with the lands that they need for their development. Other articles refer to cultural rights and bilingual education. 14. The Constitution enshrines the principle of equality and the full enjoyment of human rights. Article 46 establishes that international human rights law takes precedence over domestic law. 15. Guatemala ratified the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169) in 1996 and is party to the main international and inter-American human rights treaties, with certain exceptions, such as the International Convention for the Protection of All Persons from Enforced Disappearance. It accepted the jurisdiction of the Inter-American Court of Human Rights in 1987, even though the Court 3 4 National Institute of Statistics, Characterization of the Republic of Guatemala (2016). GE.18-13268