E/CN.4/2005/18/Add.2
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development were also jeopardized by subjecting them to economic hardship. In its report,
the Commission for Historical Clarification set up to shed light on human rights violations
committed during the armed conflict highlighted proven acts of genocide, which were analysed
on the basis of the Convention on the Prevention and Punishment of the Crime of Genocide. It
spoke of:
− “A scorched earth policy” (including murders, setting fire to houses and crops and the
complete destruction of villages);
− “Massacres, followed by population displacements and the persecution and murder of
survivors”;
− “Targeted assassinations of community chiefs or leaders of Mayan organizations, and
their enforced disappearance”;
− “The murder of elders, women and children, which affected the transmission of the
culture and the possibility of cultural continuity in the communities”.12
32.
There are numerous cases of violations of the human rights of indigenous peoples during
the armed conflict which have not received sufficient attention from the justice system, with
the result that the guilty parties remain unpunished. The vast majority of these peoples and
communities are still waiting for compensation and reparation for all the violations and hardships
they suffered during the years of political violence. In contrast, the Special Rapporteur was told
by former members of the Civil Self-Defence Patrols (Patrullas de Autodefensa Civil) who,
together with members of the army, committed atrocities against civilians during the 1980s,
that they had been promised that they would soon receive financial compensation from the
Government.
33.
Many of the situations brought to the Special Rapporteur’s attention, including those
concerning indigenous peoples’ land rights and their cultural and spiritual identity, have been
reported previously by the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people, in his report on his mission to Guatemala in 2001. There is no
need to repeat them here, as there is no change to report.13 The problems over land illustrate the
discrimination from which these people suffer. An example would be the violence used in
“clearing” the Nueva Linda estate, a huge property occupied by a group of landless peasants; this
“clearing” led to more than nine deaths, and does not seem to have been dealt with seriously by
the Government or the justice system, despite several damning reports.
34.
Racism in everyday life is reflected in scornful looks, jokes in bad taste, comments about
indigenous individuals and Mayan women’s refusal to go into public places (such as shops,
restaurants or nightclubs) wearing traditional costume. The feeling that they are marginalized
and that their identity is not recognized was apparent in conversations with several of them, who
said the looks they receive from others make them feel “like foreigners in their own country”.
Members of the Presidential Commission on Discrimination and Racism against Indigenous
Peoples stressed that racial discrimination is generally suffered in silence by victims. Those who
suffer from and those who practise discrimination seem, by force of habit and out of a feeling
that it is normal, to have become so used to racist behaviour that it seems natural to them.