Indigenous Minority Rights: Accord for a Firm and Lasting Peace

Written by

« Back to Accord

Indigenous Minority Rights: Accord for a Firm and Lasting Peace

Implementations

Indigenous Minority Rights – 1997

In compliance with the agreements, Guatemala ratified International Labor Organization Convention 196 on Indigenous and Tribal Peoples.1

The general situation of widespread discrimination against indigenous peoples, particularly with regard to the justice system, did not change much during the initial periods of the implementation of the agreements.2

The Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements stipulated that the constitutional reforms related to the rights of indigenous peoples should be presented to the Congress of the Republic for ratification by 15 April, but the Follow-up Commission rescheduled the deadline for 15 May. The Guatemalan government presented the draft constitutional amendments to the Congress on 15 May, thus technically fulfilling the terms of the agreements.3

The Government created the Joint Commission for Reform and Participation in September 1997.4

  1. “Report of the United Nations Verification Mission in Guatemala (MINUGUA) for the Consultative Group Meeting for Guatemala,” United Nations Verification Mission in Guatemala — MINUGUA, January 18, 2002.
  2. “Seventh Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/52/330), September 10, 1997.
  3. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/51/936), June 30, 1997.
  4. “The Indigenous Peoples of Guatemala: Overcoming Discrimination in the Framework of the Peace Agreements, Verification Report,” United Nations Verification Mission in Guatemala (MINUGUA), September 2001.

Indigenous Minority Rights – 1998

All 50 constitutional amendments submitted by the Government were approved by the Congress in October 1998. The constitution mandated that they then be submitted to the people for a referendum, scheduled for May 1999.5

  1. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/54/526), November 11, 1999.

Indigenous Minority Rights – 1999

The referendum for the full package of constitutional amendments occurred on 16 May 1999. With low turnout, voters denied the proposed amendments related to the redefinition of the nation and the formal recognition of indigenous peoples and their rights, along with all other proposed amendments. As provisions for improved rights and protections for indigenous peoples were featured prominently in the referendum, this outcome indicated that the country was far from reconciled after the formal end of the civil war.6

The Follow-up Commission developed plans to implement commitments on the recognition and rights of indigenous people through new legislation rather than constitutional reforms.7

  1. Ibid.
  2. “The Indigenous Peoples of Guatemala: Overcoming Discrimination in the Framework of the Peace Agreements, Verification Report,” United Nations Verification Mission in Guatemala (MINUGUA), September 2001.

Indigenous Minority Rights – 2000

When the Commission for the Follow-up of the Peace Agreements agreed to move the final deadline for compliance from 2000 to 2004, it confirmed that most of the stipulations related to the rights of indigenous peoples were still pending. One important concern was the disenfranchisement of indigenous persons, especially women in rural communities, from political participation. A continued lack of documentation (even after the Temporary Law of Personal Documentation was passed in October 2000) was one concrete obstacle, but many other less tangible factors contributed to the social marginalization of indigenous communities and kept them from becoming more involved in elections, civil administration and the justice system.1

The Government faltered in its implementation of policies related to rural development. Including measures to codify the land rights of indigenous communities. The agricultural policy the Government set for 2000-2004 lacked guarantees for multiculturalism or procedures to ensure indigenous peoples would be involved in decisions about their own development.7

  1. Ibid.
  2. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/55/175), July 26, 2000; “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/55/973), June 1, 2000.

Indigenous Minority Rights – 2001

The provisions in the Agreements for indigenous communities to own and manage their land were still not honored. While indigenous practices traditionally worked well for the sustainable use of natural resources, the Government’s backward and ineffective rural development policies undermined both indigenous rights and a sustainable ecology.8

By September 2001, only the Ministry of Education had recognized the right of indigenous persons to wear their traditional attire. However, the Ministry of Education had so far failed to implement comprehensive intercultural and bilingual education programs or improve indigenous communities’ access to education at the levels stipulated by the agreements. Furthermore, the judicial system had largely failed to adapt to guarantee equal access and equal rights for indigenous persons, and the provisions in the agreement to facilitate indigenous communities’ access to communications media had not been implemented either.9

  1. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/55/973), June 1, 2001.
  2. “The Indigenous Peoples of Guatemala: Overcoming Discrimination in the Framework of the Peace Agreements, Verification Report,” United Nations Verification Mission in Guatemala (MINUGUA), September 2001.

Indigenous Minority Rights – 2002

The Social Security Institute did not as yet extend services to indigenous people.9

The extended timetable for the implementation of the Agreements was yet unfulfilled. The Government made no effective moves to address the root causes of the armed conflict or seek reconciliation with the victims of the Armed Forces’ past genocidal actions.10

Congress passed legislation reforming the penal code to criminalize racial and other forms of discrimination, and to enfranchise the indigenous population in local level government and public services.11

  1. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/55/1003), July 10, 2002.
  2. “Thirteenth Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/57/336) August 22, 2002.
  3. “United Nations Verification Mission in Guatemala: Report of the Secretary-General,” United Nations General Assembly (A/59/746), March 18, 2005; “Information Received from Governments: Guatemala,” United Nations Economic and Social Council, Permanent Forum on Indigenous Issues (E/C.19/2010/12/Add.8), March 3, 2010.

Indigenous Minority Rights – 2003

In its final human rights report, MINUGUA gave an overwhelmingly negative evaluation of the Government’s actions for indigenous persons: “The isolation and discrimination faced by Guatemala’s indigenous peoples—half the country’s population—have not visibly changed since 1997… Indigenous populations, particularly women, remain disproportionately poor, suffer high rates of illiteracy and health and social problems, largely as a result of lack of access to health care, education, decent housing, employment and social services.”12

  1. “Fourteenth Report on Human Rights of the United Nations Verification Mission in Guatemala,” United Nations General Assembly (A/58/566) November 10, 2003, Paragraph 21.

Indigenous Minority Rights – 2004

The Government failed to comply with ILO Convention No. 169, which requires consultation with indigenous peoples in all legislative or administrative measures that might impact them.13

  1. “Report of the High Commissioner for Human Rights on the Situation of Human Rights in Guatemala,” United Nations Economic and Social Council (E/CN.4/2006/10/Add.1), February 1, 2006.

Indigenous Minority Rights – 2005

Ten years after it was signed, the Agreement on Identity and Rights of Indigenous Persons had the lowest degree of implementation of all the agreements. Racial discrimination remained a predominant problem in Guatemalan society.1

  1. Ibid.

Indigenous Minority Rights – 2006

After facing discriminatory practices in previous elections, approximately one million Guatemalans, many of them indigenous persons, were able to register to vote for the first time.14

On 12 October 2009 (Columbus Day), approximately 20,000 indigenous citizens participated in protests against the Government’s failure to protect indigenous rights.15

  1. Manuel Roig-Franzia, “For Guatemalan Villagers, Ability to Vote Is a Victory,” The Washington Post, Met 2 Edition, September 10, 2007, A11.
  2. “Protests by Indigenous Citizens,” Keesing’s Record of World Events Volume 55 (October 2009): 49456.