A/HRC/39/17/Add.3
the Human Rights Advocate and the Presidential Commission for Coordination of Human
Rights Policies may attend as observers but do not always put in an appearance. According
to the Office of the Human Rights Advocate, evictions have never been accompanied by a
relocation plan and no provision has been made for temporary accommodation or for
emergency health care, food or education.
47.
The Special Rapporteur met with indigenous women evicted from the communities
of La Cumbre in Alta Verapaz, who are labour tenants, and Chab’ilch’och’ in Izabal. They
alleged that the population, — especially women and girls — had suffered violence and that
homes, belongings and crops had been burned. The violence used in the evictions had
terrified the population and some families had fled to the mountains, where they were
surviving for the time being in precarious conditions that affected children, older persons
and pregnant women in particular. The lack of assistance following the evictions had the
effect of increasing hunger and malnutrition, which had a corresponding impact on health.
48.
There were also complaints of evictions in Petén department, including Centro Uno,
the Nueva Esperanza community, Vergelito and the Laguna Larga community. The latter
community is under protective measures from the Inter-American Commission on Human
Rights, which are being duly implemented. It was repeatedly claimed that many of the
evictions were carried out to protect private interests, including those of private companies
and even organized crime.
49.
The Presidential Commission for Coordination of Human Rights Policies has
registered 45 evictions and reports that more than 100 appeals are outstanding, which is
indicative of the magnitude of the problem. Forced evictions are being carried out despite
the establishment of a high-level panel on forced evictions and an undertaking to apply
international standards. The Public Prosecution Service has issued a general order setting
out guidelines and blueprints for action with regard to complaints relating to trespass
offences, but their implementation at the local level remains problematic.
50.
The Special Rapporteur is concerned at the lack of empathy displayed by State
institutions, including those responsible for monitoring human rights, in discussing this
extremely serious problem. Their neglect of their responsibilities contrasts strongly with
their diligence in submitting claims seeking eviction, thus leaving the persons affected in a
desperately precarious and defenceless situation.
B.
Criminalization and attacks
51.
The increasing frequency of criminal proceedings against indigenous persons who
are defending their lands and resources is a matter of the most serious concern. In the
majority of cases, the underlying cause is the indigenous communities’ lack of security of
tenure over their land. The criminalization has led to increased social tension and a loss of
confidence in the justice system on the part of indigenous people.
52.
Various indigenous authorities reported that they were intending to resolve the land
conflicts peacefully and, in a number of landmark cases, they submitted legal applications
to enforce their rights, which went as far as the Constitutional Court. In the majority of
cases, however, these applications enjoyed little success, since the justice system did not
hear their claims. It is striking that, even as these applications are being ignored, many of
the leaders and members of the communities submitting them are being prosecuted on
criminal charges, which are heard promptly. Even in cases in which the Constitutional
Court has found in favour of the communities, community leaders have been subjected to
criminal trials.
53.
The Special Rapporteur observed repeated examples of this kind of charge,
involving accusations of aggravated trespass, unlawful association, seizure, robbery,
coercion, incitement to crime and even murder; some of these do not qualify for alternatives
to deprivation of liberty. She was told about arrest warrants issued on weak evidence and
uncorroborated witness statements. She is also concerned at the repeated suspension of
hearings, as a result of which trials are prolonged, and the long periods of pretrial detention.
It is disturbing that aggravated trespass is considered a flagrant offence, which
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