A/HRC/39/17/Add.3
declared the Government to be in contempt for its failure to comply with 13 judgments.
Guatemala has not recognized the competence of the Committee on the Elimination of
Racial Discrimination to receive individual complaints.
16.
At the international level, Guatemala has taken on a leadership role on indigenous
issues and played an important part in the development and adoption by the General
Assembly of the United Nations Declaration on the Rights of Indigenous Peoples in 2007
and the creation of the post of Special Rapporteur on the rights of indigenous peoples. It is
regrettable that these progressive positions are not reflected in its actions at the national
level.
Peace Agreements
17.
Over the past two decades, a number of measures have been adopted in
implementation of the Peace Agreements, particularly with regard to the institutional
structure of the State in dealing with indigenous issues, and legal and policy measures have
also been taken to address racism and discrimination. Despite this, international and
regional human rights bodies have repeatedly drawn attention to the high rate of noncompliance with the Agreements, as noted in a recent assessment by the Peace Secretariat.4
The worst rate of implementation is documented in the case of the Agreement on Identity
and Rights of Indigenous People, under which 19 per cent of commitments have been
fulfilled, and in particular measures relating to lands and territories. No action has been
taken on the call for constitutional reform to recognize the identity and rights of indigenous
peoples, following the rejection by referendum of proposed amendments in 1999.
18.
The failure to honour these commitments has threatened progress in many areas,
including agrarian reform, recognition of indigenous authorities and justice, political
participation, comprehensive development, health and intercultural bilingual education,
among others. The Special Rapporteur is of the view that this has prevented true
reconciliation following the conflict and lies at the heart of many of the current violations
of the rights of indigenous peoples in the country.
Other relevant legislation
19.
The Presidential Commission on Discrimination and Racism against Indigenous
Peoples has expressed its concern at the low number of complaints concerning offences of
racial discrimination. Since it has been classed as a minor offence, complaints are generally
heard by magistrates’ courts. As stressed by the Committee on the Elimination of Racial
Discrimination, there is a need for legislation and measures that will be more robust in
combating racism and discrimination against indigenous peoples. 5
20.
The Municipal Code, the Urban and Rural Development Councils Act and the
General Decentralization Act contain measures to promote political participation by
indigenous communities. The Land Registry Act of 2005 establishes the Land Register with
a view to establishing, maintaining and updating the national registration of land.
21.
The Special Rapporteur received repeated complaints about more than a dozen
urgent legislative proposals of relevance to the rights of indigenous people that have been
awaiting discussion or approval in the Congress, some for more than a decade. Priority
seems to have been given, however, to regressive legislative proposals that could seriously
restrict the exercise of their rights by indigenous peoples.
22.
A number of laws require alignment with the country’s international obligations
relating to the human rights of indigenous peoples. These include environmental legislation,
including regulations governing environmental impact studies, and the Mining Act. Some
articles of the latter were ruled unconstitutional but were not reformed, with the result that
there are gaps in the law in this regard. As noted by the previous Special Rapporteur, Mr.
Anaya, other sectoral legislation also fails to include proper measures for the protection of
4
5
GE.18-13268
Peace Secretariat, Office of the President of the Republic, Policy Agenda for Peace 2017–2026:
Outstanding commitments.
CERD/C/GTM/CO/14-15.
5