E/CN.4/2003/90/Add.2
page 10
19.
The Peace Agreements contain an undertaking to combat these inequalities, and some
progress has been made. The number of justices of the peace in the indigenous areas has been
increased, and a Commission on Indigenous Affairs has been formed within the Supreme Court.
Other bodies set up include the Guatemalan Fund for Indigenous Development and the Office for
the Defence of Indigenous Women, the latter described by the United Nations General Assembly
as a positive step towards the protection of indigenous women.12 A commission has been set up
to grant official status to the indigenous languages, on the basis of the work which has been
carried out by the Academy of Mayan Languages of Guatemala. A joint commission has also
been created to oversee the conservation and administration of Mayan sacred places, and a law
on sacred sites has been adopted. More recently a Presidential Commission to Combat
Discrimination and Racism against the Indigenous Peoples in Guatemala was established.13
20.
Despite the proliferation of commissions, committees and ombudsmen, progress in
dismantling ethnic and racial discrimination at the institutional level has been slow. Underlying
this situation is the structural discrimination against the indigenous peoples which is founded on
the historical mechanisms already referred to, by means of which the indigenous peoples were
excluded from access to the economic, political and institutional resources they needed in order
to live on an equal footing with the remainder of the population. As long as there is no
modification of the very foundation of the concentration and appropriation of the principal
economic, political and symbolic resources of the country by the governing elites, which have
succeeded in systematically excluding the indigenous people from nation-building, the latter will
be unable to play a role as free and equal citizens. The Agreement on Identity and Rights points
to a modification of this structure as the means of guaranteeing peace and human rights in a
framework of democracy, but, as MINUGUA has underlined, this path is strewn with pitfalls and
the goal is not yet in sight.
21.
Some of the priority areas examined by the Special Rapporteur during his visit to
Guatemala are described below.
III. PRIORITY ISSUES IN RELATION TO THE HUMAN RIGHTS
OF THE INDIGENOUS PEOPLES
The land issue
22.
Agricultural resources are distributed very unequally in Guatemala, with cultivable land
highly concentrated in a few estates. Ninety-four per cent of small farms (microfincas and fincas
subfamiliares) occupy 18.6 per cent of the land, while 1.5 per cent of the large farms (those
covering more than one caballería, or roughly 45.7 hectares) account for 62.5 per cent of the
total. This reinforces the socio-economic polarization of Guatemalan society.14 According to
another source, 96 per cent of producers farm 20 per cent of agricultural land, while 4 per cent of
producers farm the remaining 80 per cent.15
23.
More recent information indicates that during the more than three decades of armed
conflict, the fragmentation of peasant plots into minifundios increased, leading to growing
conflict, largely due to the displacement and resettlement of the indigenous population and the