E/CN.4/2005/18/Add.2
page 10
18.
At the institutional level, Guatemala has several bodies devoted to the promotion and
protection of human rights. The most important are the Presidential Human Rights Commission,
the Presidential Commission on Discrimination and Racism against Indigenous Peoples, the
Office of the Human Rights Procurator and the Office for the Defence of Indigenous Women.
19.
The Presidential Human Rights Commission was established in 1991 to coordinate
government policy on human rights. It supports the various ministries in formulating and
implementing measures to protect human rights and may submit to the Government draft laws
designed to improve the protection of human rights. It centralizes the collection of data on
complaints of human rights violations and maintains channels of communication and cooperation
with the judicial system and the Human Rights Procurator to follow up such complaints. It is
also responsible for coordinating the drafting of Guatemala’s periodic reports to the bodies
monitoring the human rights treaties to which Guatemala is a party. The Commission has
seven regional offices, which bring it closer to the people.
20.
The Presidential Commission on Discrimination and Racism against Indigenous Peoples
(CODISRA) is the prime institution for combating racial discrimination. It was established in
October 2002, and its task is to: advise and support the different State institutions and
departments and private-sector enterprises in drawing up policies and setting up mechanisms
to combat racial discrimination; formulate public policies guaranteeing non-discrimination; act
as a link between indigenous peoples’ organizations and the Government in matters of racial
discrimination; keep a record of the cases of racial discrimination brought to its attention and
forward them to the relevant institutions; and launch campaigns against racial discrimination.
Although it is linked to the executive, CODISRA is an offshoot of Guatemalan civil society, and
is made up of representatives of the Mayan, Xinca and Garifuna peoples. However, its members
believe that its effectiveness is limited by the shortage of funding, its statutory inability to rule on
the cases of discrimination referred to it and its inability to bring actions against the relevant
State bodies. They believe that a broadening of its mandate would give it greater credibility
among the population groups concerned.
21.
The Office for the Defence of Indigenous Women, which was set up in 1999, is the
institution responsible for defending the human rights of indigenous women. Its main task is
to propose solutions to the problem of the extreme vulnerability of indigenous women in
Guatemalan society. It promotes and develops, in cooperation with governmental and
non-governmental bodies, action, public policy proposals, action plans and programmes for the
prevention and elimination of all forms of violence and discrimination against women. The
Office is also responsible for receiving complaints and reports of violations of women’s rights
and forwarding them to the competent authorities, and for counselling women who have been
subjected to violence, ill-treatment, discrimination or sexual harassment.
22.
The Constitution also established the post of Human Rights Procurator (arts. 273-275),
who is a judge appointed by Congress to promote and ensure that the State respects human
rights, report and investigate State actions that violate human rights, respond to individual
complaints of human rights violations by investigating them and taking out prosecutions, and
recommend remedial measures to be taken by the authorities to ensure respect for and the
protection of human rights.