A/HRC/39/17/Add.3 indigenous peoples’ own procedures for fostering and asserting their cultures and identities; (c) The 2018 census should use appropriate procedures for collecting and processing data on the ethnic identity of indigenous peoples, with their active participation. Legal and institutional framework (a) Full implementation of the Peace Agreements should be resumed as an urgent priority on the Government’s agenda, beginning with the adoption of the relevant pending legislation and the necessary constitutional reforms; (b) The legal framework should be strengthened and more decisive action should be taken in all areas, especially justice, health and education, to eradicate racism and discrimination. The competence of the Committee on the Elimination of Racial Discrimination to receive individual communications should be recognized; (c) It is also necessary that Guatemala engage in the harmonization of its legislation with its constitutional and international obligations on indigenous peoples’ rights, as contained in the United Nations Declaration on the Rights of Indigenous Peoples, ILO Convention No. 169 and the relevant instruments and jurisprudence of the inter-American human rights system, among others; (d) A process of evaluation should be set in motion, with the full participation of the indigenous peoples, to determine whether institutions dealing with indigenous people really achieve their objectives. Lands, territories and natural resources (a) All branches of the Government should take coordinated action to confront the disturbing situation of violations of indigenous peoples’ rights over their lands, territories and natural resources; (b) It is essential to develop a legal framework and an effective system for the recognition and protection of indigenous peoples’ ancestral rights of ownership, use, development and control, in accordance with the country’s international obligations in this regard. Measures should be adopted to monitor and punish fraudulent transactions and to curb land grabbing; (c) The State should respect the right of indigenous peoples to their own development priorities and strategies and appreciate their contribution to the country’s economy. Licences should not be issued for activities that affect the rights of indigenous peoples without proper consultation or consent. Redress should be provided for damage caused by projects inflicted on their ancestral lands and territories; (d) There should be an immediate suspension of forced evictions. The authorities should resolve the underlying causes of such displacements by engaging in a due process of investigation, punishment, redress and justice. The situation of displaced indigenous people requires immediate attention, with a comprehensive and coordinated response in line with the applicable international standards, including the Guiding Principles on Internal Displacement; (e) The Government should, jointly with the indigenous peoples, draw up and implement environmental legislation that will respect the rights of indigenous peoples over their lands, territories and resources, including legislation governing protected areas and activities relating to action against climate change; (f) The private sector should, as part of its due diligence, fully respect the rights of the indigenous peoples, in accordance with international standards. Human rights impact studies should be conducted before any activity affecting indigenous peoples is undertaken. The use of criminal law to deal with peaceful opposition should cease. 18 GE.18-13268

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