Committee on the Elimination of Racial Discrimination

Reports submitted by States parties under article 9 of the Convention

Information received from the Government of Guatemala on the implementation of the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/GTM/CO/12-13) * **

Guatemala

Contents

Paragraphs Page

Acronyms and abbreviations3

I.Introduction1–45

II.Information concerning the Committee's concluding observations5–835

A.Paragraph 7 of the concluding observations: specific law classifying racial discrimination as a punishable act5–85

B.Paragraph 9 of concluding observations: protection of defenders of indigenous peoples' rights9–206

C.Paragraph 14 of concluding observations: access to safe drinking water, prevention, monitoring and legislation on water resources in the departments of San Marcos, Huehuetenango, Quiché and Sololá21–839

III.Conclusions: challenges for the future84–8924

Acronyms and abbreviations

AMASURLI Autoridad para el Manejo Sustentable de la Cuenca Hidrográfica del Lago de Izabal y Río Dulce - Lake Izabal Basin and Río Dulce Management and Sustainable Development Authority

AMPIAutoridad para el Manejo y Desarrollo Sostenible de la Cuenca del Lago Petén Itzá – Lake Petén Itzá Basin Management and Sustainable Development Authority

AMSCLAEAutoridad para el Manejo Sustentable del Lago de Atitlán y su Entorno - Lake Atitlán Basin Management and Sustainable Development Authority

ASESAAspecto socioeconómico y situación Agraria – Socioeconomic aspect and agricultural situation

COCODEConsejos Comunitarios de Desarrollo – Community Development Councils

CODEMASComisiones Departamentales de Medio Ambiente – Departmental Environment Commissions

CONAPConsejo Nacional de Areas Protegidas – National Council on Protected Areas

CONREDCoordinadora Nacional para la Reducción de Desastres – National Coordinator for Disaster Reduction

COPREDEHComisión Presidencial Coordinadora de la Política del Ejecutivo en Materia de Derechos Humanos - Commission for Co-ordinating Executive Policy in the Field of Human Rights

DGLAIDirección de Límites y Aguas Internacionales – Directorate of Limits and International Waters

DMPDirección Municipal de Planificación – Municial Planning Directorate

ENGIRHEstrategia nacional de Gestión Integrada de los Recursos – National Comprehensive Resource Management Strategy

FLACSOFacultad Latinoamericana de Ciencias Sociales – Latin American Faculty of Social Sciences

FONAPAZFondo Nacional para la Paz – National Fund for Peace

GEAGabinete Específico del Agua - Specialized Cabinet for Water

IARNAInstituto Agricultura Recursos Naturales y Ambiente – Institute for Agriculture, Natural Resources and Environment

IDBInter-American Development Bank

INABInstituto Nacional de Bosques – National Forestry Institute

INEInstituto Nacional de Estadística – National Statistics Institute

INFOMInstituto de Fomento Municipal – National Institute for Municipal Promotion

MAGAMinisterio de Agricultura Ganadería y Alimentación – Ministry of Agriculture, Livestock and Food

MARNMinisterio de Ambiente y Recursos Naturales - Ministry of the Environment and Natural Resources

MEMMinisterio de Energía y Minas – Ministry of Energy and Mines

MICIVIMinisterio de Comunicaciones Infraestructura y Vivienda - Ministry of Infrastructure, Communications and Housing

MINECOMinisterio de Economía – Ministry of the Economy

MINEDUCMinisterio de Educación – Ministry of Education

MINEXMinisterio de Relaciones Exteriores – Ministry of External Relations

MINFINMinisterio de Finanzas Publicas – Ministry of Finance

MSPASMinisterio de Salud Pública y Asistencia Social - Ministry of Health and Social Welfare

NGONon-Governmental Organization

OASOrganization of American States

OFMOficinas Forestales Municipales – Municipal Forestry Offices

PINFORPrograma de Incentivos Forestales – Forest Incentive Programme

PNGIRHPolítica Nacional de Gestión Integrada de los Recursos Hídricos – National Policy for Integrated Management of Water Resources

PSMAAPlan Sectorial Multianual Ambiente y Agua – Multi-year Sectoral Plan for Environment and Water

RGPRegistro General de la Propiedad – General Registry of Property

RICRegistro de Información Catastral – Registry of Cadastral Information

SAASecretaria de Asuntos Agrarios – Secretary of Agrarian Affairs

SEGEPLANSecretaría de Planificación y Programación de la Presidencia - Secretary for Planning and Programming of the Presidency

SIAGuaAPSSistema Integrado de Información del Agua en su módulo de agua potable y saneamiento – Integrated Water Information System module for drinking water and sanitation

SCEPSecretaria de Coordinación Ejecutiva de la Presidencia - Secretariat of the President’s Office for Executive Co-ordination

SICOINSistema Contabilidad Integral Nacional – Integrated National System of Accounts

UNIPESCAUnidad de Manejo de la Pesca y la Acuicultura – Fisheries and Aquaculture Management Unit

UNIRIOSUnidad de Manejo de Ríos y Canales – Rivers and Canals Management Unit

URLUniversidad Rafael Landivar – Rafael Landivar University

I.Introduction

1.In February 2010, the Committee on the Elimination of Racial Discrimination considered the twelfth and thirteenth periodic reports of Guatemala (CERD/C/GTM/12-13) and in March issued its concluding observations (CERD/C/GTM/CO/12-13). Pursuant to article 9 of the International Convention on the Elimination of all Forms of Racial Discrimination, the Committee requested the State of Guatemala to report on three observations: (a) domestic legislation under which the dissemination of ideas based on racial superiority or racial hatred, incitement to racial discrimination and violent acts are classified as punishable;(b) attacks upon the physical integrity of social activists and defenders of indigenous peoples’ rights; (c) access to drinking water, pollution prevention and legislation on water in four major departments.

2.Guatemala cannot hide the fact that from its beginnings as an independent State and up to the present, discrimination against the Maya, Garifuna and Xinca has continued. The nation’s self-image as a white, integrated homogeneous society hides great inequality.

3.Guatemala continues to pursue initiatives aimed at eradicating this scourge, which has involved enormous costs of various kinds for the country, particularly for indigenous people.

4.In compliance withnational and internationalresponsibilities, the present reporthighlightsspecificactionspursued by the Stateduring the period from2009 to datein response tocomments madeby the Committee.

II.Information concerning the Committee’s concluding observations

A.Paragraph 7 of the concluding observations: specific law classifying racial discrimination as a punishable act

5.In 2002 the Stateof Guatemala createdthe crime ofdiscrimination, based onprovisions of article202 bis of theCriminal Code, Decree 17-73. This standard has not been embodied in any other legal instrument that may be viewed as positive law currently in force, but a draft bill to prevent,punish and eradicateracismand ethnic discriminationisbeing considered for submission to organizations ofcivil society; once approved by them it is to be submitted toCongress.

6.Howeverthe challengebefore the State ofGuatemalaremains the adoption of specific legislation criminalizing the various forms ofethnic and racial discrimination that are commonly practisedineveryday life and at all levels ofpower.

7.It should be noted thatefforts are continuinginGuatemala’s legislative branchto developthe rights ofindigenous peoples, as is reflected in bills thatareon the legislative agenda, which include:

(a)Initiative3551-2006. Bill on the National CompensationProgramme;

(b)Initiative3835-2008. Bill on the sacred sitesof the indigenous peoples(with favourable ruling);

(c)Initiative 3946-2008. Billonindigenous jurisdiction;

(d)Initiative4047. Bill for general lawon therightsof indigenous peoples;

(e)Initiative 4051-2009. Bill on consultingindigenouspeoples (with favourable ruling);

(f)Initiative 4047-2009. Bill for general law on the rights ofindigenous peoples;

(g)Initiative4087. Bill on community communications media(with favourable ruling).

8.It should be notedthatthese initiatives are from the periodbetween 2008and 2009, highlightedin the twelfthand thirteenthperiodic reports ofGuatemalaunder article9 of the Convention, discussed by theCommittee in 2010, with no evident changes occurringto date.

B.Paragraph 9 of concluding observations: protection of defenders of indigenous peoples’ rights

1.Investigation and sanctions

9.In the period 2010-2011 two cases against the life of human rights defenders and social activists have been reported and are being investigated by the Public Prosecution Service on charges of homicide and murder.

10.With regard tosanctionsagainst theperpetratorsof actsagainst the lifeof social activists andhuman rights advocates, the State of Guatemala, through thejudiciary, punishes acts against the life of persons, but there are as yet no separate records concerning human rights defendersand social activists.

11.Currentlythe State ofGuatemala, through thePublic Prosecution Service,is investigating90 complaintsconcerning social activists andhuman rights defenders; the cases pertain to criminalthreats,abuse of authority, assault, extortion, coercion, illegal detention, robbery, aggravated robbery,use of firearms,murder andtheft.

12.Onthe roleof journalists and trade unionsinterpreted as asocialactivityin defenceof human rights, the Public Prosecution Serviceis currentlyinvestigating 68 casesof acts thatfall withinthe criminal offenses ofabuse of authority, assault, threats, burglary, theft, aggravated robbery, murder, libel, slander, coercion, discrimination, use of firearms,fraud,minor injuries,assault and concealment.

13.In 2010 the Office of the Human Rights Procurator beganinvestigating 76 cases related to attackscommitted againsthuman rightsdefenders.In the sameyear there were135 cases ofattacks against204 defenders,suchas death threats made in various ways,obviouscontrolandintimidation throughtelephone calls,defamation, assault, illegal searches and robberies inresidential homesand headquarters oforganizations, amongothers; thereare currently68cases under investigation, pending final resolution.

2.Specific legislation: legal and legislative situation with regard to the draft governmental agreement which provides for a programme of preventive measures and protection for human rights defenders and other vulnerable groups

14. TheCongressis currently not considering anydraft bill specifically prescribingprevention and protectionmeasuresforhuman rights defenders.

15. However, on 15 April 2009, a National Policyof Prevention and ProtectionforHuman Rights DefendersandOther Vulnerable Groups was drawn up.The aim of the policy, in keeping with the State’s duty as guarantor of rights, is to provide a coordinated strategic framework affording a permanent link between the public sector, civil society and international cooperation agenciesthat would ensureprevention and protection,that would create,improve andstrengthen dedicated infrastructureto respondfullywith dynamic, efficient and effective mechanisms in keeping withthe degree of urgency, threat, risk or vulnerability facednot only by human rights defendersbut also byjudges, magistrates,prosecutors, social communicators, journalists and trade unionists, among others.

3.Preventive measures

16. In April 2009, a National Agreement for theAdvancement of Securityand Justicewas signedbetween theCongress, the Executive,theSupreme Courtand the Public Prosecution Service, supported by the University ofSanCarlos ofGuatemala,the Evangelical Alliance ofGuatemala,the Archdiocese ofGuatemala, and theOffice of the Human Rights Procurator. In its sectionIV, entitled Policies andInstitutionson Criminal Investigation andImpunity, the agreement sets out comprehensive protection measures for justice workers and human rights defenders.

4.Specific actions by the Ministry of the Interior

17. The Office for Analysis of Attacks on Human Rights Defenders in Guatemala has been established under the authority of the Deputy MinisterforSecurity of the Ministryof the Interior, through MinisterialAgreement103-2008, dated 10 January2008. Its function is toanalyze patternsof attacks againsthuman rights observers anddefenders, if any,through ascientificmethodologydefined, approved and agreed bythe members of thisoffice.

18. In coordination withthe Directorate General ofCivilIntelligence, the National Civil Police,the Public Prosecution Service andrepresentatives of international human rights organizations invitedby it, the office conducts the following activities:

(a)Creatingmechanisms forinternalmonitoring and guidance in the investigation ofcriminal acts thatthreaten the livesof inhabitantsof the country;

(b)Providing public law enforcement agencies with mobilization and technological resources enabling them to pursue steady improvement in their work;

(c)Organizing training sessions within and outside the Office, planned, programmedand executed bythe National Civil Police, through its Headquartersand the Office of HumanRights, Area for Promotion and Education, in order tominimize andprevent crime, to raise awareness about respectingthe integrityand life ofall people,andto make known the prosecutions that such cases involve;

(d)The Division for Protection and Security of the General Sub-office for Operations and Public Security of theNational Civil Policeprovides perimeter securityfor staff housed in the buildings of: the Commission for Co-ordinating Executive Policy in the Field of Human Rights, the Office of the Human Rights Procurator, MyrnaMack Foundation,Guatemalan IndigenousDevelopment Fund, Women’sSector Organization, Centre for Legal Action onHumanRights, the Historical Archiveon the premisesof theNational Civil Police, the Forensic Anthropology Foundationof Guatemala and the organization Madres Angustiadas;

(e)Opening of space for dialoguebetween Division110 of theNational Civil Police and the Coordinator of the1555Call Centreof the Office ofHuman Rights,toshare experiencesbetween the twocall centres;

(f)Direct and continuouslinkbetween the Office for Analysis of Attacks on Human Rights Defenders of the Interior Ministryand Division110 of theNational Civil Police,to coordinate treatmentand procedureforcomplaints of threats, harassment, intimidation or attacksagainsthuman rights defenders, lawyers, legal personnel, trade unionists and journalists;

(g)Immediate implementation of theprecautionary measures granted bythe Inter-American Commission onHuman Rights andthe provisional measures orderedby theInter-American Courtof Human Rights,through thepolice securityforcesof the Division for Protection and Security of theNational CivilPolice;

(h)Provision ofsecurity measures.Ifthere is a threatof attackagainst human rights defenders or other persons that has not been addressed by a measure issued by an international forum, a risk assessment is carried out by the National Civil Police in order to determine what type of security measure is appropriate to the particular case. The State of Guatemala, in turn, upon learning through the National Civil Police of acts such as attacks or verbal or written threats, stalking or surveillancein order tointimidate andcoerce human rights defenders in the performance of their activities, will carry out actions to safeguard and protect the lives of the aforementioned people, by providing personal protection at the homes or places of work or study of the victims; the relevant reports are then submitted to the competent agency for investigation in order to identify, pursue and capture the perpetrator or perpetratorsand thusprotect thephysical and psychological integrityof victims, their families and their property.

19. The Department for the Coordination of Protection Mechanisms forHumanRights Defenders of the Commission for Co-ordinating Executive Policy in the Field of Human Rights is in chargeof coordinating with institutionsof the executive branch responsible for issuingand implementingprotective measuresfor those seekinginjunctions, provisional measures andsecurity measures,and ensuringtheir effective implementation before the Inter-American CourtofHuman Rights, theInter-American Commissionon Human Rights and the Rapporteursof the universalandInter-American systemsof Human Rights.

20. To perform thisrole, the Departmentcarries out activitiesfor planning,organizing and coordinatingthe protection measuresprovided by the StateofGuatemala,withthe following functionsand powers:

(a)Followingup oncommunicationsanddecisionsonprotectivemeasuresissuedbySpecial Rapporteursof the UnitedNations, theOrganizationof AmericanStates and theCommissionand Courtof HumanRights;

(b)Reporting on theprovision ofprotection measures to victims and their enforcement;

(c)Coordinatingconcentration andinformation managementfor cases ofprotective measures,interim measuresand personalsecurity measures;

(d)Coordinating investigation andproper documentation ofcases with a view to trial-related queries;

(e)Coordinating the work of locating, contacting and interviewingthe victims,providing information andguidance on the typesof measuresavailable;

(f)Coordinating, promptly and effectively, the protection measures that the State affords through its police forces;

(g)Maintaining a system of information and monitoring of cases ofthreats, attacks, intimidation and /or violations ofhuman rightsagainsthuman rights defenders, justice officialsandadministrators, journalists and social communicators;

(h)Serving asa reliable andsecure source forthe preparation of national and international reports on measures of protection;

(i)Preparingreports thatrespond tocommunicationsand resolutions issuedby the Inter-American Commissionon Human Rights, the Inter-American CourtofHumanRightsand rapporteursof the Organization of American States andthe United Nations.

C.Paragraph 14 of the concluding observations: access to safe drinking water, prevention, monitoring and legislation on water resources in the departments of San Marcos, Huehuetenango, Quiché and Sololá

1.Situation of the hydrographic basins of Guatemala

21.Guatemalahas aland areaof 108,889square kilometres.Bordered on thenorth by Mexico, on the south by the Pacific Ocean,and on the east by El Salvador, Hondurasand Belize,it has an estimated populationof 14.7million,of which42.7per centbelong toindigenous peoples, who are located in 22 departmentsand 333municipalities.The departments with the largestindigenous populationsare: Sololá, Totonicapan, San Marcos, Huehuetenango, Quiché andChimaltenango, located in the northwest.

22.Guatemalahas 38river basinsin threeareas:the Pacific watershed contains 18 basins;the Atlanticwatershed has 10basins; andthe watershed of theGulf of Mexicohas 10 basins.Ineach basinnatural resources interact withhumans, and thisdynamic of life requiresbasic elements forstarting and endingcycles.

23.The departments ofSanMarcos, Quiché, Huehuetenango and Sololáarelocated ina catchment areaof 18basinscovering an area of​​18,842square kilometres, as describedin Annexes 1and 2.

24.Naturalfactorsand humanactivityareprecursorsof thevulnerabilityofwatersheds,and water is one of the most affected resources in the basins. The State ofGuatemalaEnvironmentalReportfor 2009 estimates that water pollution in the country is low (only1.5 per centof thetotal water in the country is affected by pollution, according to the Secretary for Planning and Programming of the Presidency) compared to industrialized countries.

2.Access to drinking water

25.Accessto clean water forthe rural population ofGuatemalais estimated at 82 per cent (SEGEPLAN, IARNA/ URL, 2009) although the assessment of water resources indicates that only5 per cent of thecountry'swater capitalis being used, for agricultural, domestic and industrial activities. Farming and manufacturing are the majorwater users.For households with access towater,the differenttypes of water supply are specified inTable 1.

Table 1

Type of access to water in homes, by urban/rural classification, 2006

T ype of access	Ho useholds
Urban	%	Rural	%	Total	%
Plumbing (connected) in dwelling	1.111.338	78	534.138	43,5	1.645.476	62
Plumbing (connected) outside dwelling but on the property	170.651	12	209.864	17,1	380.515	14,3
Public or private standpipe	16.831	1,2	43.839	3,6	60.670	2,3
Public or private borehole	61.427	4,3	218.120	17,8	279.547	10,5
River, lake, spring	9.270	0,6	148.704	12,1	157.974	6
Tanker truck	24.484	1,7	11.331	0,9	35.815	1,4
Rain water	928	0,1	22.413	1,8	23.341	0,9
Other	29.828	2,1	39.805	3,2	69.633	2,6
Total	1.424.757	100	1 . 228 . 214	100	2 . 652 . 971	100

Source: Environmental Profile of Guatemala , 2008-2009 IARNA/URL .

3.Proportion of population with access to improved drinking water supply

26.The percentage ofthe population with improved water supply is the percentage that is usingany of the followingtypes ofdrinking water: running water, public standpipe, borehole or pump,protected well,protected spring,or rainwater. Improvedwater supply does notincludevendor-providedwater, bottled water, tanker trucks or unprotectedwells and springs. This indicatorhas followed a positive trend, increasing from 63 per centin 1990 to 75 per cent in 2002, a year in whichcoverage increasedby 12 per cent. This means that for theperiod 1990-2002 this indicator progressed by 1 per centper year.From 2002to 2006, itincreased by3.70 per cent, maintaining a trend similar to that of the period 1990-2002.Ifthis indicator’strendscontinueat this paceof growth, itwill be possibleto bridge the gap(2.8 per cent) to achievethe goal.This indicator showsdifferent degrees of progresswhendisaggregatedin terms ofurban-rural context.

27.The EnvironmentalReport (GEO 2009) of the State of Guatemala indicates thatinthefourdepartments ofSololá, Huehuetenango, Quiché and San Marcos,ahigherpercentageofhouseholdsis supplied by internal plumbing, followed by those supplied by outside plumbing. Figure 1 shows the breakdown of methods of water supply for each department.

Figure 1

Percentage of homes, by type of water supply, in departments of Sololá, Huehuetenango, Quiché and San MarcosSololáHuehuetenangoQuichéSan MarcosPlumbing (connected) insideStandpipe, public or privateRiver, lake, springRainwaterPlumbing (connected) outsideBorehole, public or privateTanker truck OtherTypes of access to water in homes, by department

Source : INE, 2009.

4.Government programmes

28.According to the thirdPresidentialReport2010,presidential programmes have been implementedunder the coordination of the SocialCohesion Council, whose initiatives prioritize and give geographical and thematic focus to State interventions, emphasizing areasthat impact onsocial development.One istheWater forPeaceProgramme, which was establishedin March 2009as a timing mechanismto foster operational, efficient and agile interventions in thesector,through the processof coordination andpolicy direction,resource management,institutionalcapacity buildingoforganizations providing servicesandcommunity organization and participation.

29.Water forPeaceis based onthe NationalPublic Services Plan of Water andSanitation forHuman Development,approved by Specialized Cabinet for Water in 2008 and is carried outthrough theactions of the Ministryof Health and Social Welfare, which is the lead agency,and the National Institute forMunicipal Promotion as executing agency.

30.Of the 40 milliondollars in investments implemented in 2010, 12.5 per cent (5.02 milliondollars) corresponds to the National Fund for Peace, andthe rest(34.98million dollars)to the National Institute for Municipal Promotion throughthe various programmesit manages.Among theseis Programme1469/OC-GUINFOM-BID, which runs projectsthat increasethe coverage ofsafe waterand sanitation inrural areas of thecountry in order toensuresustainability andquality of service.Implementationof 179projects hasbenefited apopulation of nearly3.5 millionpeople.

31.In the threeyears of the currentadministration, a total of98.18 milliondollars have been invested through the National Institute for Municipal Promotionand theNational Fund for Peace byrunningvarious programsto build,improve or expandwater andsanitation.Thetable below detailsthe amounts andbeneficiaries duringthe period, showing that it wasin 2009 that the largest investment was made.

Table 2

Water and sanitation, 2008-2010 beneficiaries and investment

Year	Beneficiari e s	I nvestment (millions of dollar s)
2008	254.501	17,04
2009	17.739	41,14
2010	3.474.570	40,01

Sourc e: 2 010 Presidential report of INFOM and FONAPAZ .

32.According to State investment information, through implementing institutionssuch asthe National Fund for Peaceandthe National Institute for Municipal Promotion,Departmental Development Councilsof the departments ofSololá, Quiché, Huehuetenango and SanMarcoshaveinvested a totalof 2.35million dollars in2010,specifically in theintroductionand expansion ofhouseholddrinking water. This investmentis detailed inthe graph below,in Table 3and in Annex 3.

Figure 2

Investment in introduction and expansion of home drinking water in the departments of Huehuetenango, San Marcos, Sololá and Quiché

Physical investment on drinking water supply projects in the departments of Huehuetenango, San Marcos, Sololá and QuichéInvestment in millions of dollars

Source : Prepared from SNIP/MINFIN data .

Table 3

Amounts invested on introduction and expansion of home drinking water supply per department

Departm en t	In vestment (d ollar s)
Huehuetenango	633.940,50
San Marcos	656.016,50
Sololá	361.103,88
Quiche	700.920,50

Source : Prepared from SICOIN/MINFIN data .

5.Appropriate instruments for monitoring and preventing water pollution and appropriate treatment of polluted hydrographic basins

33.The2010Governmentreportindicates thatthe Ministry of Health and Social Welfare and the Specialized Cabinet for Waterare preparinga sectoral policy proposalfor water and sanitationthat definesthe lines of action regarding the coverageof services,health monitoring,managementsystems,knowledge managementand training ofservice providers.

6.Strengthening municipal capacity, modernization programmes, expansion of coverage and improvement of services

34.TheExecutive Coordination Secretariatof the Presidency ofthe Republic has implemented training processesfor institutional strengthening, water and sanitation for 257technicians from differentDevelopment Councils.

35.The Ministry of Environmentand Natural Resources provided technical assistance andspecific advice tomunicipalities onmanagement plans formicro-regions,integratedsolid wastemanagement, and training, inter alia,on issues ofclimate change, water, watershed management, reforestation, mainly in the departments ofQuetzaltenango, San Marcos, Totonicapán, Suchitepéquez, Retalhuleu, Zacapa, Progreso, Santa RosaandPetén.

7.Provision of water and sanitation services

36.Theinstitutions involved inthis sector carried out a series of projects whichinclude construction,expansion and improvement ofwater systems;drilling and equippingof mechanical wells;treatment plants andsanitary and storm sewersand latrines, in coordination with the SocialCohesion Council.

37.During 2010, theNational Campaign forWaterChlorination was launched in order to prevent and reducewater-borne and food-borne diseases. The campaign made use of television broadcasts and trained1,675technicians from theMinistry of Health and Social Welfare,thedevelopment councils andmunicipal governments.

38.Also, as of the month ofOctober,116,202instances of monitoring and chlorination ofwatersupply systemsandmechanical wells had been carried out. In addition,the IntegratedWater Information Systemmodulefor drinking water andsanitation was implemented; by this means,informationhas been gathered for 1,415communities in order toknow the statusoftheir drinking waterand sanitation systems. There has also been biweekly monitoring for 60 per centof projects (of a total of 486 projects), implemented by theNational Institute for Municipal Promotion.

39.It should be noted that the catalogue of projects in this sector have been pursued inmunicipalities prioritized by theSocialCohesion Council. To make the implementation of watersupply and sanitation projects more robust,in January2010 the Governmentsigned theFinancing Agreementon Non-reimbursableInvestment with the Spanish CooperationFundfor Water andSanitation in LatinAmerica andthe Caribbean(GRT/ WS-11 905-GU) for a total of50 million dollars in order topartially implementPhaseI of theWaterfor Human Development Programme. Additional funding for the remainder of this phaseis slatedto be coveredwith resources from theInter-American Development Bankthrough the 2242/BL-GUloan agreementamounting to50 milliondollars,whichis pendingapproval by theGuatemalan Congress.

40.During the emergencyprompted bythe stormAgatha,the National Institute ofMunicipal Developmentattendedto the needs of 353communities that suffereddamage totheir water supply systems, providing technical advice,materialsand repairs.

41.There is currentlya Multi-YearSector Planfor the Environment andWater,2011-2016,and a results-oriented management manual.

42.In 2010,the Ministry of the Environment and Natural Resourcesrecorded 11cases of allegedwater pollution,listed below,in the departments ofHuehuetenango, Quiché, Sololá andSanMarcos.

Table 4

Total 2010 reported cases of water pollution received by the Legal Compliance Office of MARN

Department	Total reported cases of water pollution
Huehuetenango	6
Quiché	0
San Marcos	2
Sololá	3
Total 2010	11

Sourc e: MARN .

43.The Ministry of Environmentand Natural Resources has processed 191environmental impact statements in the departments ofSololá, San Marcos, Huehuetenango and Quiché related toprojects for the introduction and expansion ofwater systems, introduction of sewers anddrains,construction of wastewater treatment systems, and construction and equipping of wells.

Table 5

Cases examined by MARN in connection with water resources, 2010

Department	Cas es
San Marcos	59
Quiché	61
Huehuetenango	12
Sololá	59

Source : MARN .

44.The Ministry of the Environment and Natural Resources conducted the process of training and socialization throughtraining workshops onsocializationof the regulations governingdischarges intoreceiving bodiesofthe LakeAtitlán basin andits surroundings,Governmental Agreement51-2010onEnvironmentalEducationTrainingwith emphasis onClimateChange,with participation by membersof the Municipal Development CouncilsandCommunity DevelopmentCouncilsof Sololá, and staff of the MunicipalPlanning Directorate.

8.Forest fires

45.The National Forestry Institute recorded128 forest fires in thedepartments of SanMarcos, Quiché, Huehuetenango and Sololá, which caused the loss of1,181 hectaresof forestas specifiedin Table 8, which contributes to theloss and degradation ofresources withinthe watersheds.Also,the National Forestry Institute has recordedthat19,470 cubic meterswere extracted from the Quichéforest under a timber licensein an area of129.323hectares, 2,772.17 cubic meters were used for household consumptionin anestimated areaof 9.24hectares, and1,121.99 cubic meterswere extracted in Huehuetenango under a timber licensein an area of41.63hectares, while 3154.98 cubic meterswent tohousehold consumption inan estimated area of10.17hectares.

Table 6

Forest fires recorded in 2010 in the departments of San Marcos , Quiche, Huehuetenango y Sololá

Department	Fires recorded	Area affected (hectres)
San Marcos	16	107,96
Quiché	74	910,2
Huehuetenango	22	92,97
Sololá	16	70

46.In 2010,the Ministry of the Environment and Natural Resources recorded7,318hot spots,as shownon the map burlow,which are recognizedas fire hazards.There were197 inHuehuetenango, one in Sololá, 27 in SanMarcos and277 inQuiché.

Figure 3

Map of threats of forest fires during December 2010Map of hot spots recorded in 2010 in the Republic of Guatemala

9.Forest Incentive Programme

47.This programme issponsored by theNational Forestry Institute, and encourages the creation ofregionalforestryproduction centresof high productivity, to promote the competitivesupply of forest products, reduce deforestation,enhanceenvironmental services andgenerateemployment in ruralareas.The Forest IncentiveProgramme,aforest policy instrument,is fostering greater involvement in the forest sector by Guatemala’s population.

48.The Forest IncentiveProgramme (PINFOR) encourages investmentfor theestablishment and management offorest plantations,sustainable management ofnaturalforestsand forestryfor environmental purposes.The programme objectivesare:

(a)Maintain and enhancesustainable forest production, incorporating natural forests intoproductive economic activity;

(b)Incorporate un-wooded lands suitable for forests into the forest sector by establishment and maintenance of forest plantations and/or by natural regeneration;

(c)Generatea critical mass ofraw-materials producing forestsfor the developmentof the forestry industry;

(d)Encouragethe maintenance andcreation of foreststo generateenvironmental services.

Table 7

National Forestry Institute 2009-2010 Budget

Year	Budget allocated (dollars )	Budget in force (dollars s)	Budget executed (dollar s)
2009	6.673.975,75	10.709.252,13	5.163.599,55
2010	6.941.798,00	6.941.798,00	3.560.131,14

Sourc e: Information provided by INAB; data for October 2010.

49.The amount allocatedfor the management of the 105,870hectares ofnaturalforestis5,100,000 dollars for productionand protection and14,350,000 dollars forestablishment and maintenance of53,151hectaresof forest plantations.The projectis of nationwide scope,with a total ofapproximately 12,500men and3,500 women as direct beneficiaries.As of August2010 the programme hadcertified a total of102,953hectares ofnaturalforestunder management, equivalent to 97 per cent of the estimated targetfor the year.

50.Based on thefunds allocated and the results obtained, it is expected that the goal of 285,000hectares ofplantations will be reached during the programme period (1997-2016), together with bringing 650,000 hectares of natural forest under the sustainable forest management regime.

10.Strengthening municipal and community forests

51.ThisNational Forestry Instituteprojectpromotesmunicipal forest managementand community participationthroughtraining andtechnical assistancetargeted to municipalitiesand rural communities.Decentralization inthe management ofnaturalresourcesis achievedthrough thecreation, implementationand monitoring ofMunicipal Forestry Offices. Theseoffices operateundera guiding instrument, usually a MunicipalForest Policy, whose preparationis entrusted to allstakeholders relatedto forestry and municipal issues.

52.Itis developed jointlywith government institutions,national projects andinternationalorganizations involved innaturalresource management. Currently, work is proceeding onstrengthening communityorganizations nationwide, strengthening local management and encouraging the system of payment for environmental services, management of naturalforestsfor productionand protection,land management,forest plantations andagro-forestry systems.

53.To support the creation, implementation and operation of 167 Municipal Forestry Offices, and to support community forest management in 1,215 communities organized into in 48 organizations at Levels I and II, the National Forestry Institute in 2010 had a budget of 110,550 dollars.

54.The project willcover167 municipalitiesand 1,215community organizations, witha total of approximately41,750direct beneficiariesand 250,000indirect beneficiaries, users of forest management services, provided by the Municipal Forestry Offices.A rough estimateindicates that there are120,700direct beneficiaries, comprisingmenand womenwho participatein outreach, training, assistance and forestry activities.

55.Among the resultsarethe design of a negotiation strategy withmunicipal councilsfor the possible openingof threeMunicipal Forestry Offices in the Department ofGuatemalaand ten Municipal Forestry Offices in the southern coastal departments;Maintenance and supportof 38existing agreementswith municipalities for theextension offamilyconsumptionand the signing of an agreement between the National Forestry Instituteand the Group to Promote Conservationand Management ofNatural Resourcesin Community Lands;Developmentof the joint INAB-CONAP-MARN planandthe Network ofIndigenous Authorities and Organizations ofGuatemala.

56.The budgetspent by theNational Forestry Instituteis not enough tomeet the demand foractivities aimedat strengthening municipaland communalforest management, as it is estimatedthat an adequate budgetwould beover 312,500 dollars for this component,and an equal amountfor the Community ForestManagement component.

11.Process of collecting cadastral information

57.This process is the responsibility of the Cadastral Information Registry (RIC), an institution that in 2010 focused its work on a number of strategic areas such as: the establishment of a cadastral adjustment process under the Cadastre and cadastral surveys; cadastral information system and maintenance; generation of cadastral products and services and promotion of their use, especially policies on valuation. At the same time the focus is also on cross-cutting aspects, starting with education and training, social communication and public relations regarding the cadastral process, and inter-institutional coordination, among other actions. The budget allocated to the Registry in 2010 was equivalent to14,080,919.88 dollars.

Table 8

Cadastral Information Registry Budget, 2009-2010

Year	Budget allocated (d ollar s)	Budget in force ( dollar s)	Budget executed (dollar s)
2009	14.412.905,88	21.055.920,63	17.542.880,66
2010	14.080.919,88	18.800.858,75	16.970.316,39

Sourc e: Prepared from information provided by RIC; data for December 2010.

12.Analysis of cadastral information

58.Incarrying out thecadastral process,avery thoroughanalysis is done of the data obtainedin measurementsof properties,which consistsof comparingthe dataobtained in thissurveywith property registry data associated withtheproperties.This comparisonis crucial in identifying any inconsistenciesof information obtaineddirectly in the fieldat the time ofmeasurement compared with the datafor the property recorded with General Registry of Propertyor other sources ofinformation registration.

59.The 2010 targetwas to analyzerecords of51,967properties.For this activity,the amountexecutedin Decemberwas3,210,000 dollars,corresponding toa total of13,040beneficiaries, which accounts for 25.09 per centof thetarget.

13.Declaration of properties listed

60.The cadastral process ends with the declaration of properties listed. The goal for 2010 was 25,650 properties, of which 6,738 are so far listed on the draft Declaration. With these declarations, property owners have the necessary information to register their properties with theGeneral Registry of Property, when the irregularity affecting them is that of not being registered. The cadastral process leads to the construction of the public record of the Cadastral Information Registry. The amount executed as of December was 119,587.50 with a total of 11,760 beneficiaries, i.e. 45.84 per cent of the target.

14.Demarcation of protected areas

61.In 2010 demarcation was carried out onfour protected areasin order accurately to definethe metes andbounds, form and actual sizeof eachprotected area.The purpose was tocontribute legal certainty to thefollowing protectedareas:

(a)Naachtun Dos Lagunas Biotope;

(b)El Zotz Biotope;

(c)Yaxhá-Nakum-Naranjo National Park;

(d)Tikal National Park.

62.Theproblems ofprotected areas are quitecomplex, due toa number of factors.In this context, knowing the exact boundariesandcadastral informationabout the areasis essential topromote and facilitate theireffective management.Within the dynamicsdeveloped by theCadastral Information Registry for purposes ofland managementof protected areas,geospatial andphysical demarcationof these areas is vital.This work has beencompleted inthe protected areasreferred to above, with this year’s totalrunning to 23,750 dollars.

15.Environmental sustainability

63.The Peace Accords, in particular as regards socio-economic and agricultural aspects, assert that the natural wealth ofGuatemalais a valuableasset of the countryand of humanity, as well as a cultural and spiritual valueof indigenous peoples, and that sustainable development isaprocessof change inhuman lifethatimplies respect forculturaland ethnic diversity, and ensuring the qualityof life forfuture generations.Hence the importanceof implementingpolicies that supportenvironmentalmanagementin accordance withthe preceptsof sustainable development.

64.The peaceagreementsare primarily aimed atintroducingsocial and environmentalcontentineducational curricula, linking land use planningpolicieswith environmental protectionand promoting thesustainable management ofnatural resources.Consistentwith these agreements,priority actionsare being implemented by Ministryof Environmentand Natural Resourcesprogrammes: Environmental Management, Water Resourcesand Watersheds, and Knowledge Management andSocial-environmental Responsibility.

16.Environmental management

65.This programme hasnational coverageanda budget of3,924,310 dollars.It seeksto reconcileenvironmental improvementand sustainable useof natural resourceswith atransgenerationalapproach. It aims to reduce thecountry's environmentaldeterioration and loss ofnaturalheritagewithout detriment toeconomic development; toverifyand monitornational environmentalpolicies; to ensure strictcompliance with thelegalregimeconcerning theconservation, protection, sustainability and improvement ofenvironment andnatural resources;and topromote thehuman right to ahealthy and ecologically balancedenvironment. Theprogramme has benefited65,900people perdepartmentand its mainactions include:

(a)Participationin the operationof the Departmental Environment Committees in the 22 departments ofGuatemala, while also influencing theallocation of financial resourcesfor implementationof projects related tomunicipal environmentalmanagement;

(b)Impact onthe processes ofland use planning andintegrated watershed managementtogive the“socio-environmental” and “climate change” themes a cross-cutting dimension in the municipalities ofGuatemala;

(c)Strengthening ofinstitutionsthrough 22workshopsontopics such as:(i) climate change;(ii) environmental evaluation, control and monitoring;(iii) environmental education projects; (iv)environmental assessment tools; (v)integrated watershed management; (vi)solid wastes;

(d)In coordination withthe Ministry of Education,implementation of theEnvironmentalEducation Policyand Lawon Promotion ofEnvironmental Educationat the departmental level;

(e)Implementation ofvariousenvironmentalinstrumentsdescribed in Governmental Agreement 471-2007appliedwithin the countryas partof the IntegratedNational Environmental Management System;

(f)Impact on departmental and municipal development plansin orderfor theseto be integrated into theclimate change variableat the national level;

(g)Impact ontheDepartmental Development Councilsto strengthenthe areas of:(i)integrated watershed management; (ii) adaptation toand mitigationof climate change;(iii) increase of forest cover inconjunction with theDepartmental Environment Commissions;(iv) landand water management activities.

17.Water resources and basins

66.This programme hasnational coverageanda budget of5,119,568quetzales.It seeks to foster the use ofnatural goods and servicesformultipurposeuses. Itslegalbasisis the RegulationonDischargeand Reuse ofWastewater andSludge Disposal,MinisterialAgreement239-2005. Among the mainactions of the programmethis yearare the following:

(a)200monitoring actions were performedfor differentindustries nationwideonwastewater discharges, in order toensure compliance with MinisterialAgreement239-2005;

(b)324 actions were conducted involvinganalysis, characterizationand sampling ofwastewater dischargesat anational level;

(c)125sewagesystemsnationwide were examined and evaluated;

(d)Construction plans and projectsnationwide were followed in order to include integrated management of water resources withemphasis on adaptationand mitigationof climate change.

18.Knowledge management and socio-environmental responsibility

67.The programme seeks to integrate and coordinate efforts to decentralize environmental management, creating mechanisms for participation and social organization regarding the environment and natural resources, promoting and coordinating events to foster thinking, research, discussion and analysis on the environment and natural resources, giving thematic and methodological shape to the proposal --in coordination with the Ministry of Education-- on levels of formal, non-formal and informal education, and promoting and monitoring the environmental component in education reform. This programme has benefited 15,136 people per department and among the major actions this year are the following:

(a)480community organizations were strengthened through thecreationofmechanismsfor socialparticipation and organizationwith a view to developingpeople’s capacitiesinsocio-environmental management;

(b)Training activitieswere promotedat the national levelto foster thinking, researchand analysison the environment andnatural resources in order togenerate consensuswithin the framework ofenvironmental management;

(c)Mayors of indigenous communities were trainedinenvironmental issueswith a focus onmulticulturalismand genderthrough departmental offices;

(d)Training and certification was provided forteachers ofthe national education system, leaders, NGOs, businessesand institutions oncurriculumplatformsto improve capacityin environmental issues andnaturalresources;

(e)Trainingworkshops were heldonthe following topics:gender and multiculturalismpolicyand the socio-environmentalagenda ofindigenous peoples with a view to multi-ethnic and gender inclusion; applying the social participation and environment agenda;

(f)A registrywas developedto structurethe network of instructorscertified bythe Ministry of the Environment and Natural Resources andFLACSO (Facultad Latinoamericana de Ciencias Sociales – Latin-American Faculty of Social Sciences) to generate,promote and participate incooperation and coordinationmechanisms fornational environment-related education,training, awareness, research and citizen participation;

(g)Theproposalofthe Ministry of the Environment and Natural Resources was developed for the Ministry of Educationin order to integratewithin theNationalCurriculumBasethe variablesof environmental education,multiculturalism andgender, andclimatechange.

19.Adoption of legislation to ensure access to drinking water in all communities

68.Guatemalahas withinits Statestructurepublic policies onnatural resources; there are also constitutional and ordinarylawsthat ensure optimal management among the actors involved. The following isthe legal framework.

20.Legal framework for natural resources

69.The legal framework includes:

(a)Legal and institutionalframeworkof theMulti-YearSector Planfor the Environment andWater;

(b)Constitution of the Republic of Guatemala;

(c)Law on Social Development;

(d)Comprehensive Rural Development Policy;

(e) Plan for Socio-Environmental Improvement;

(f) National Water Plan;

(g)National Climate Change Policy;

(h)National Forest Policy;

(i)Policy on Protected Areas and Biodiversity;

(j)Marine and Coastal Resources Policy;

(k)Policy for Cleaner Production;

(l)National policy forintegrated wastemanagementand solid waste;

(m)Health Code;

(n)Municipal Code;

(o)International agreements.

70.According to the Ministryof Environmentand Natural Resources,there are 21draft enactmentsrelatedto climate change, solid waste, education, land use planning, biodiversity, biotechnology, protected areas,forestry incentives,forestry andland ownership, forestfireprevention andcontrol, discharges and waste water resources, use and management ofwater resources andprotection of differentwatersheds.Allthese initiatives arebefore differentdirectorates andlegislative committeesofCongress; itshould be notedthat some of theseinitiatives are accompanied by favourable or unfavourable opinions as part of the legal process of approval, as indicated in Annex 4.

71.The main aims of applying thesectoral approach toenvironmentand watersector are:

(a)To ensure that thepublic bodies that haveresponsibilities for environment andwaterincrease theireffectiveness in achievingdevelopment results, by fostering a sense of ownership and by managing for results;

(b)To ensure that the environment and water vision is fully incorporated into the design and implementation of allpoliciesof the Government ofGuatemala;

(c)To advance towardsalignment andharmonization of supportfrominternational cooperation in order tocontribute to the achievementofnational goals and targetsregarding environmentand water.

21.The water sector: legal basis and entities comprising it

72.TheEnvironment and Water Sector and Sectoral Boardare governed by aMinisterialAgreement(datedOctober 25, 2010, No. 399-2010). The organs of policy-making, representation and managementthat comprise it under theguidance of the Ministryof Environment andNatural Resources,Environment and WaterSectoral Board,are presented inthe “Operation Manual of the Sectoral Board”; they are thePermanent Councilof the Environment and WaterSector, chaired by the Minister of Environment andNatural Resources and including the Ministers of Finance and External Relations, and the Secretary of Planning and Programming of the Office of the Presidency, and members of the Secretariat of the Specialized Cabinet for Water or the member to beappointed in future by theVice President of theRepublic; and theGovernance Committeeof the Environment and WaterSector, chaired by theDeputy Minister ofNatural Resources, which includesall institutions in thesector.

73.The2011-2013Multi-YearSector Plan forEnvironment and Water shows an analysis of thelegal-institutional frameworkforimplementation of policiesrelating tothis field,to implement andenforcethe rulesconcerning theconservation, protection,sustainability and improvement of the environment andnatural resources of the country and human rights, based on the following institutions:

(a)Ministry of the Environment and Natural Resources;

(b)Lake Petén Itzá Basin Management and Sustainable Development Authority;

(c)Lake Izabal and Río Dulce Management and Sustainable Development Authority;

(d)Lake Amatitlan Basin Sustainable Management Authority (AMSA);

(e)Authority for Sustainable Management of Lake Atitlan and its Environs;

(f)National Forestry Institute;

g)National Council for Protected Areas.

22.National Water Plan

74.By Governmental Agreement 204-2008, the Specialized Cabinet for Water (Gabinete Específico del Agua (GEA)) was established in order to coordinate government efforts to design and manage policies, plans and budgets for water, to help achieve national development goals. It is chaired by the Vice President and comprises the following entities: Ministry of Agriculture, Livestock and Food, Ministry of the Environment and Natural Resources, Ministry of Infrastructure, Communications and Housing, Ministry of Culture and Sports, Ministry of the Economy, Ministry of Education, Ministry of Energy and Mines, Ministry of Finance, Ministry of External Relations, Ministry of Public Health and Social Welfare, the Executive Coordination Secretariatof the Presidency, Secretariat of Agrarian Affairs, Secretariat of Social Communication, National Coordinator for Disaster Reduction, National Council on Protected Areas and the Secretary for Planning and Programming of the Presidency

75.The National Integrated Water Resources Policy and Strategy were approved by theSpecialized Cabinet for Water in 2008and their contents updated and supplementedin 2009; they aim “to promotebetter conditions foreffective watergovernance, institutionalizing the national system of integrated management ofwater resources,satisfying demand for the greatest number possible, anticipating future requirementsand providing for risk managementwithin a framework ofenvironmental sustainability.” The activities derived fromthe National Integrated Water Resources Policy and itsStrategy and the National Plan ofPublic Drinking Water and Sanitationfor Human Developmentand the PresidentialWater forPeace Programme are organized bythe Specialized Cabinet for Water, by developing its2009-2010 WorkPlan comprising four programmes:(a) Waterfor Human Development, (b) WaterGovernanceand Planning, (c) Forest, Soil and Water Quality Management in Basins, and (d) InternationalWaters.

76.The Work Planalso defines priorities in municipal and hydrographic terms according topolitical,social and territorial criteria.The programmes containa setof measures to:(a)create conditions thatfavour the creation ofinstitutions for water, suchas dialoguedesigned to foster, approve andimplement policies,laws andspecific plans; (b) strengthen the capacity to generatenew information anddraw on existing information, organized in a Water InformationSystem for decision makingat all levels;(c) increase the quality, coverage and production of services (e.g. drinkingwater andsanitation, irrigation, energy, ecosystems,international waters andothers); and (d) improve the quality and production of services forwater managementthroughan institutional systemthat integratesnationalefforts ofcentral Government,municipalities, theDevelopmentCouncil system, the private sector and social organizations.

77.The fourprogrammes of theSpecialized Cabinet for Water Work Plan are formulated on the basis of a representation of how water behaves in the hydrologic cycleand in watersheds: firstly, the naturalbehaviourof water within thehydrological cycle(associatedwith the programme for management offorests, soil and water qualityin basins) and artificial waterbehaviour, achieved byhydraulicregulation works thatare constructedto accessmore water than that which flows naturally in orderto meetmoredemands--social, economicand environmental (link to the Governance andHydrologicalPlanning Programme, theWater and Sanitation Programmefor Human Developmentand theInternational Waters Programme)-- and for water planningthat will satisfymultipurpose demands. It has also been stressed thatin international basinstreatingwater issuesis a matter ofsovereignty andnational interest, for which there isthe International Waters Programme.

78.Thus,the Specialized Cabinetfor Waterseeks to contribute to national developmentby promotingtogether thefourcomplementaryprogrammesin question,which togetherconstitutethe proposedNationalIntegrated WaterManagementApproach with aNational Sovereignty Perspective.

79.In formulating theMulti-year Sectoral Plan for Environment and Water(2011-2013)special care was takento includeservices provided bygovernment institutions thatare most closely relatedto the themeof waterand are not partof the “core” of the water sector, including: Ministry of Health and Social Welfare, National Coordinator for Disaster Reduction, National Institute for Municipal Promotion, Ministry of Agriculture, Livestock and Food, Rivers and Canals Management Unit of Ministry of Infrastructure, Communications and Housing, and Directorate of Limits and International Waters of the Ministry of External Relations.In addition, inthe definitionof the Strategic Framework,the Technical Secretariat of the Specialized Cabinetfor Waterparticipated actively, andseveral elementsof its fourprogrammesare reflected inthe results of theSector.Finally, it isimportant to mention thatvaluable aspectsof the Specialized Cabinetfor Water’s Work Planhavebeen incorporated into theMulti-year Sectoral Plan for Environment and Wateraspriority projects.Aproject of specialimportance is thedevelopment of theNational WaterPlan.

23.Situational analysis of legislation, water resources and drinking water in response to the Millennium Development Goals; analysis of public policies and their relation to sustainable development

80.In Guatemala, thecurrent policy frameworkis composed of43sectoraland cross-sectoral policies, of which 23 per cent are policies whosemain purpose is theprotection and management of the environment andnatural resources.Further, 65 per cent of thepolicy frameworkincludesat leastoneline of actionrelated to environmental issues, while 53 per centinclude the environment withintheir principles.

81.In this regard, we note that mostpoliciestake environmentalpriorities into account for implementation, but only 9 per cent have specific goals relatedto environment andnatural resources.Most lacka fixed budget forimplementation.In fact, most only providegeneral guidelines forfinancial management.Among the policies thathavespecific targets and indicatorsrelated tothe environment are: (a)National ForestPolicy(1999);(b) AgriculturalPolicy for 2008-2012;(c) National Policy for Comprehensive Promotion andAdvancement ofWomen,2008-2023; and(d) National Policy and strategies for the developmentof the Guatemalan Systemof Protected Areas(1999).

82.Whilethere are importantadvances in incorporating priorities conducive to thefulfilment of the goal, there are still limitationsin the policy framework, interalia for thefollowing reasons:

(a)Limited policy coordination and sectoral unity where environmental issues are concerned: owing to the existence of variousentitiesvested with government stewardship overa number of issuesof environmental management, there is still fragmentationin the treatmentof the subject.Efforts have been made tocorrect this insomepolicy frameworks; however, they arestill not enoughfor the degreeof integrationthat needed forproper handlingof environmental issues;

(b)Duplication: the main instances of duplication in the application of the policy framework arise with respect to territorial spaces to which different normative instruments are applied, such as “protected areas,” “national reserve areas,”“special protection areas,”“volcanic cones,” and with regard to matters such as oil exploration and/or exploitation in protected areas, mining on lands of indigenous peoples and communities, and aspects relating to water rights. Theseduplications take the form, inter alia, of: (a) imprecision in defining the boundaries ofgeographic territories,as in the caseof protected areasand areas ofspecial protection;(b) lack of clarity of a general legal framework, such as regulatory aspects in regard to water resources; and (c) inadequate development of instruments, both economic and command-and-control, and in the area of management.

83.Other gapsin thepolicy frameworkreferto:

(a)Legal instrumentsforregulationand registration ofwaterrights;

(b)Management tools geared tomonitoring and evaluation ofquality and quantityof water in basins;

(c)Instrumentsto regulate, guide or encourage themanagement ofissues of accessto genetic resources andsafety ofmodern biotechnology.Additionally, aspects of bio-prospectinghave not beendeveloped in keeping withdemand;

(d)The instruments provided byglobalguidelineswith regard to national development, specifically forwatershed managementinland managementstrategiesapplied tolarger basins, are insufficient. This gap does not occuronly at the levelof these territorial unitsbut coversthe whole country. Themanagement toolprovides guidelinesfor landplanning andurban management,with their respectivepolicies and regulations,to manage population dynamicsand its impactsin the future.Therefore, it is a basic toolto guide developmenton a sustainable basisfor the country;

(e)Especially important is the scant development ofmunicipal ordinancesaimed at reducingrisks in the sectorsof road infrastructure,housing, drinking waterand sanitation.

III.Conclusions: challenges for the future

84.While there remains a fairly substantial unfinished agendato eradicate racismand discrimination, particularly discrimination against the country's indigenous peoples, itis also truethat changes are taking place daily in the public arena that reflect actions being pursued to reach that noble goal.

85.In thelegalfield, progress has been made towards approval ofan addition to thecriminallawconcerning thecriminalization ofdiscrimination underarticle202 bis, Decree 57-2002,in keeping withthe International Convention onthe Elimination ofall Forms ofRacialDiscrimination.

86.Added to this,thePresidential Commission on Discriminationand Racismagainst Indigenous Peoplesin Guatemala isfinalizinga proposed draftbillaimed atthe prevention, punishmentand eradicationof racismand discrimination.This proposalrefers toactionsin the educational and judicial spheres and in promotingequity.

87.The Stateof Guatemala recognizesthe leading roleofhuman rights defenders, specifically for indigenous people, who individually or collectivelypromoteand defend civil, political, economic, social and cultural rights. In that regard, public authorities (Ministry of the Interior, Public Prosecution Service, Office of the Human Rights Procurator, Judiciary, Supreme Court) entrusted with ensuring thephysical and psychological integrityof thosesocial activists have implemented protection mechanisms, notably the mechanism implemented by the National Police in this area under the name of Protection of Persons and Security.

88.In the fieldof water resourcesthe State, throughits institutions,has promotedaction inregardtoaccess to drinking water, prevention, monitoring and treatmentof water pollution,as well assafeguarding of watersheds.A noteworthy development is the Specialized Cabinet for Water, which coordinates the work of different institutions, especially of the executive branch, with the aim of developing a model of comprehensive management of water resources for the country.

89.Finally, it is recognized that it is important to continue striving for coordination among public institutions with a view to consolidating a national agenda against racism that may enhancethe actionstaking placein different fora,suchas thosementioned inthis report.