A/HRC/39/17/Add.3
indigenous peoples’ own procedures for fostering and asserting their cultures and
identities;
(c)
The 2018 census should use appropriate procedures for collecting and
processing data on the ethnic identity of indigenous peoples, with their active
participation.
Legal and institutional framework
(a)
Full implementation of the Peace Agreements should be resumed as an
urgent priority on the Government’s agenda, beginning with the adoption of the
relevant pending legislation and the necessary constitutional reforms;
(b)
The legal framework should be strengthened and more decisive action
should be taken in all areas, especially justice, health and education, to eradicate
racism and discrimination. The competence of the Committee on the Elimination of
Racial Discrimination to receive individual communications should be recognized;
(c)
It is also necessary that Guatemala engage in the harmonization of its
legislation with its constitutional and international obligations on indigenous peoples’
rights, as contained in the United Nations Declaration on the Rights of Indigenous
Peoples, ILO Convention No. 169 and the relevant instruments and jurisprudence of
the inter-American human rights system, among others;
(d)
A process of evaluation should be set in motion, with the full
participation of the indigenous peoples, to determine whether institutions dealing with
indigenous people really achieve their objectives.
Lands, territories and natural resources
(a)
All branches of the Government should take coordinated action to
confront the disturbing situation of violations of indigenous peoples’ rights over their
lands, territories and natural resources;
(b)
It is essential to develop a legal framework and an effective system for
the recognition and protection of indigenous peoples’ ancestral rights of ownership,
use, development and control, in accordance with the country’s international
obligations in this regard. Measures should be adopted to monitor and punish
fraudulent transactions and to curb land grabbing;
(c)
The State should respect the right of indigenous peoples to their own
development priorities and strategies and appreciate their contribution to the
country’s economy. Licences should not be issued for activities that affect the rights of
indigenous peoples without proper consultation or consent. Redress should be
provided for damage caused by projects inflicted on their ancestral lands and
territories;
(d)
There should be an immediate suspension of forced evictions. The
authorities should resolve the underlying causes of such displacements by engaging in
a due process of investigation, punishment, redress and justice. The situation of
displaced indigenous people requires immediate attention, with a comprehensive and
coordinated response in line with the applicable international standards, including the
Guiding Principles on Internal Displacement;
(e)
The Government should, jointly with the indigenous peoples, draw up
and implement environmental legislation that will respect the rights of indigenous
peoples over their lands, territories and resources, including legislation governing
protected areas and activities relating to action against climate change;
(f)
The private sector should, as part of its due diligence, fully respect the
rights of the indigenous peoples, in accordance with international standards. Human
rights impact studies should be conducted before any activity affecting indigenous
peoples is undertaken. The use of criminal law to deal with peaceful opposition should
cease.
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GE.18-13268