E/CN.4/2005/18/Add.2
page 11
23.
The Special Rapporteur noted that, despite the tasks allocated to these institutions,
combating racism and racial discrimination is not yet a national priority. Further efforts
are needed to encourage political action and solutions that, in conjunction with legal
measures, would strengthen the present system of protection. This would make it possible
to avoid purely theoretical reforms and, instead, to ensure the effectiveness of existing
legislation and improve the procedures for remedies, which are currently considered of little
practical use.
C. Analysis and evaluation of the political and legal strategy
and the institutional framework
24.
The Spanish Conquest and the subsequent period of colonization, which began in
Guatemala in 1524, left the country with a legacy of political, economic and social stratification
that basically persists to this day. Such stratification, which is based on racial prejudice, kept
indigenous groups at the bottom of the social ladder and reduced Africans to slavery. The
indigenous groups were considered as backward and as obstacles to development, and were
exterminated and marginalized, while their culture was devalued and treated as a form of
folklore. This situation illustrates the malaise affecting Guatemalans’ sense of identity, whereby
the thriving cultural practices and expressions of indigenous people are downplayed even as the
architectural and archaeological legacy of indigenous people, particularly the Maya, is put on
display for the benefit of Guatemala’s image abroad. The achievement of independence and
the construction of a modern State have propagated, not to say exacerbated, this legacy of
discrimination and marginalization. In this connection, the Commission for Historical
Clarification, which was set up to shed light on human rights violations committed during the
armed conflict, has stressed that one of the causes of the armed conflict was “the creation of an
authoritarian State which excluded the majority of the population, was racist in its precepts and
practices, and served to protect the interests of the privileged minority”.9
25.
Despite official statements recognizing multiculturalism, Guatemala clearly and
overwhelmingly gives preference to its Hispanic identity. The country’s official language is still
Spanish, and the 24 other national languages are for domestic use only. A large proportion of the
population - the Mayan population alone accounts for 43 per cent of it - is therefore marginalized
from the viewpoint of the State, the administration, the judiciary and the economy. Despite the
progress made in reforming the justice system, the Special Rapporteur’s attention was drawn
to the fact that, out of a total of 650 judges, only 98, or 15.08 per cent, speak indigenous
languages.10
26.
Despite the deep historical roots of racial discrimination, its pervasiveness in
contemporary society and its clear daily manifestations, the Special Rapporteur considers that
there is no clear recognition of this reality by the political authorities and the dominant classes.
Although some government representatives recognize it in private, the official line is that
discrimination is essentially of a social and economic nature. The failure to recognize the
reality of racial discrimination and its pervasiveness throughout society is thus a major
initial obstacle to efforts to confront this problem directly and objectively and find a lasting
solution.