E/CN.4/2005/18/Add.2
page 14
35.
Government action to combat racism is seen by some sectors of the Ladino population
as special treatment for indigenous peoples. The involvement of indigenous peoples in the
decision-making process is generally limited to inviting their representatives to consultations
without taking into account their views in the final decision or including them in political and
economic decision-making bodies.
36.
At the institutional level, of the 153 members of Congress, only 14 are of indigenous
origin. Political parties balk at presenting candidates from indigenous communities. In the
army, indigenous people make up the majority of the rank and file but a far smaller proportion
of officers (72.6 per cent of whom are Ladinos, as compared with 27 per cent who are
indigenous).14 In the Government, individuals of indigenous origin generally occupy posts
below the rank of deputy minister and presidential secretary, and are rarely appointed as
ministers.
37.
It was recognized that the peace agreements have not yet produced the structural changes
expected and that the Agreement on Identity and Rights of Indigenous Peoples is the least used
instrument, since the laws and reforms proposed generally remain unimplemented for lack of
resources and political will. Despite the judicial reforms under way, many of the people who
talked to the Special Rapporteur think that the justice system is deficient and that indigenous
customary law is not sufficiently integrated in the judicial process. Thus, a judicial monism
prevails and traditional indigenous authorities are not considered capable of administering justice
according to the practices and customs of their communities, contrary to the relevant provisions
of ILO Convention No. 169.
38.
Several of the people the Special Rapporteur talked to stressed the persistence of
the traditionally inegalitarian structure of Guatemalan society, the legacy of a long history
of discrimination, social exclusion and marginalization. Those who suffer most as a result of
this structure are people of indigenous and African origin at every level. According to UNDP
data, these people are becoming increasingly impoverished. In 2002, poverty in general
affected 57 per cent of the population, or 6.5 million people, and extreme poverty 21 per cent of
the population, or 2.4 million people. The situation is particularly serious in rural areas, where
the majority of indigenous people live; 72 per cent of these people are affected.15
39.
The departments populated for the most part by indigenous communities have
the highest poverty levels.16 Health and education indicators reveal the same disparities.
The departments with the highest levels of illiteracy are for the most part inhabited by
indigenous people. The illiteracy rates range from 41 per cent to 53 per cent: 53 per cent in
Quiché; 51.3 per cent in Alta Verapaz; 47.9 per cent in Sololá; 43.3 per cent in Totonicapán;
41.9 per cent in Baja Verapaz; and 41.6 per cent in Huehuetenango - while the national average
is 31.7 per cent.17 Poverty, lack of access to drinking water, environmental degradation, cultural
marginalization and the lack of sanitation facilities are factors that have a negative impact on the
health of indigenous people. Cultural barriers are especially noticeable in the failure of
officialdom and administrators to use indigenous languages in health centres and the failure to
incorporate traditional medicine in health programmes. Pilot projects designed to integrate
4,560 midwives are only just beginning to get under way, even though over 50 per cent of the
population has recourse to the services of traditional doctors or healers. The Special Rapporteur