E/CN.4/2005/18/Add.2
page 17
of racial discrimination. The Special Rapporteur therefore believes that combating racial
discrimination should be a cornerstone of the process of building peace and democracy in
Guatemala. A true and lasting peace cannot be reduced to its political and legal
dimensions, as formulated in the peace agreements and subsequent laws; if it is to be
achieved and to be really lasting, it must be based on efforts to eradicate racism and racial
discrimination by taking appropriate measures while promoting reconciliation. The
Special Rapporteur therefore makes the following recommendations:
(a)
Given the pervasiveness of racism and racial discrimination, the
Special Rapporteur believes that a bold political act is needed to demonstrate the
Government’s determination to eliminate this evil. The President should make a solemn
statement formally recognizing the existence and the social, economic and cultural
consequences of these phenomena and should express the Government’s commitment to
eliminating them on a democratic basis and with the participation of the indigenous
peoples and people of African descent concerned;
(b)
Moreover, the Special Rapporteur recommends that the Government should
go beyond this formal recognition of the country’s ethnic diversity by writing it into the
Constitution, in accordance with the Agreement on Identity and Rights of Indigenous
Peoples;
(c)
Having noted the lack of coordination between the institutions and
government departments responsible for combating racism, as well as the lack of financial
resources or the inadequate allocation of resources, the Special Rapporteur recommends
that an integrated approach should be taken to combating racism and racial
discrimination, by drawing up a national programme to combat racism and discrimination
and simultaneously promoting an egalitarian, interactive and democratic form of
multiculturalism, with a view to building a society based on ethnic and cultural pluralism
that encourages dialogue and interaction between all its members. Such a programme
should be based on the Durban Declaration and Programme of Action;
(d)
The relevant provisions of the peace agreements, particularly the Agreement
on Identity and Rights of Indigenous Peoples, should be subjected to a critical evaluation to
determine their achievements and shortcomings. In this context, combating racism and
racial discrimination should be linked to the long-term promotion of multiculturalism
based on the principle of unity and diversity, the recognition and promotion of, and
respect for, the identity-related, ethnic, spiritual and cultural characteristics and
peculiarities of all peoples and communities, and the promotion of a process of
interaction and cross-fertilization between them all;
(e)
Given the profound and long-lasting impact of racism and discrimination
on the structure of Guatemalan society, the Special Rapporteur recommends the adoption
of a programme of voluntary or affirmative action in favour of peoples who have
historically suffered from discrimination, that is, indigenous peoples and people of African
descent;