E/CN.4/2003/90/Add.2 page 22 community land are given legal status), which have the potential to involve the indigenous peoples to a greater extent in Guatemalan political life. Despite this progress, however, the Special Rapporteur received a clear message, reiterated by various sources, that there is a lack of political will to implement these very necessary changes which were formally agreed in the Peace Agreements. 63. The genocide of indigenous peoples during the armed conflict is a living memory and an open wound in Guatemalan society. This was apparent in many of the interviews conducted by the Special Rapporteur. Notwithstanding the amnesty agreements which made it possible for the Peace Agreements to be signed, many indigenous people expressed indignation at the impunity enjoyed by the perpetrators of those crimes. The Special Rapporteur was informed that some individuals associated with the worst forms of violence during the civil war continue to play important roles locally and nationally. Several non-governmental organizations noted with concern the continuing militarization and reactivation of the Civil Self-Defence Patrols, which committed massive human rights violations during the conflict. 64. These factors and various attacks on indigenous representatives and human rights defenders recorded by MINUGUA, by national and international human rights organizations and, more recently, by the Special Representative of the Secretary-General on the situation of human rights defenders (E/CN.4/2003/104/Add.2), point to a society whose indigenous citizens cannot be confident that the law will be applied equally and strictly to perpetrators of human rights violations. 65. In the Special Rapporteur’s opinion, the climate of fear generated by the apparent impunity enjoyed by persons guilty of violence against indigenous leaders, the lack of confidence that the Government and the authorities will fully and fairly apply policies to improve the situation of the indigenous peoples, and the extreme and debilitating poverty suffered by the majority of the indigenous communities, are the factors shaping the lack of political will to which members of the Government and representatives of non-governmental organizations and international aid agencies have referred. 66. The Special Rapporteur also wishes to express concern at the imminent closing down of MINUGUA’s activities at the end of 2003. The report by MINUGUA, published in September 2001, on delays in meeting the commitments of the Peace Agreements with reference to the indigenous peoples, tallies with the Special Rapporteur’s observations. In November 2003 Guatemala will hold presidential elections and various indigenous people the Rapporteur has spoken to have expressed the fear that they will bring with them even more uncertainty and perhaps further diminish the relevance of the Peace Agreements as the necessary framework for national reconciliation. As has been pointed out since the start of the mission, the national press barely mentions these Agreements and public opinion practically ignores them. 67. In his recommendations, the Special Rapporteur addresses three major stakeholders: the Government, civil society - including the indigenous peoples - and the international community. In his opinion, the Government should renew its commitment to the Peace Agreements, provide resources and support for the implementation of the

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