Committee on the Elimination of Racial Discrimination
Concluding observations on the combined fourteenth and fifteenth periodic reports of Guatemala
Addendum
Information received from Guatemala on the implementation of the concluding observations *
[Date received: 22 May 2016]
Introduction
1.The Committee on the Elimination of Racial Discrimination considered the combined fourteenth and fifteenth periodic reports of Guatemala (CERD/C/GTM/14-15) at its 2329th and 2330th meetings (CERD/C/SR.2329 and CERD/C/SR.2330), held on 29 and 30 April 2015. At its 2345th meeting, held on 11 May 2015, the Committee adopted its concluding observations on Guatemala.
2.Paragraph 34 of the concluding observations states that, in accordance with article 9, paragraph 1, of the Convention and rule 65 of its amended rules of procedure, the Committee requests the State party to provide information, within one year of the adoption of the present concluding observations, on its follow-up to the recommendations contained in paragraphs 8, 9 and 16.
3.In that connection, the Government of Guatemala took the following action:
(a)Dissemination
4.Printed and electronic copies of the concluding observations were distributed to State agencies and public institutions for the purposes of information, review, implementation and follow-up.
(b)Training
5.Four training courses for government officials and members of civil society were launched with a view to raising awareness of the International Convention on the Elimination of All Forms of Racial Discrimination and the approach to be taken to the recommendations addressed to Guatemala by the Committee on the Elimination of Racial Discrimination:
Training course on Racism, Discrimination and Human Rights concerning the Xinca People (2015);
Training course on Statistics with a Gender and Indigenous Peoples Approach (2015);
Training course on the Planning System and its Relationship to International Conventions on the Rights of Women and Indigenous Peoples (2015);
Train-the-trainer course on Dealing with Racism and Discrimination (2015); the sixth and seventh edition of the postgraduate course entitled “Professional Development Programme in Human Rights, the Rights of Indigenous Peoples, Racism and Racial Discrimination for Justice Officials” (2015 and 2016); and technical support workshops and discussion and analysis forums.
6.Through an inter-agency alliance with the European Union/Konrad-Adenauer-Stiftung “Participate” Project, the concluding observations were disseminated to members of civil society and indigenous authorities.
(c)Commemorations and official ceremonies
7.With the aim of putting the international commitments of Guatemala concerning racial discrimination on the public agenda, in particular to highlight the recommendations addressed to Guatemala by the Committee on the Elimination of Racial Discrimination, a ceremony was held on 3 November 2015 to commemorate the fiftieth anniversary of the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination.
8.In addition, an official ceremony was held on 4 November 2015 to mark the launch of the International Decade for People of African Descent and its programme of activities. The ceremony was presided over by the Vice-President of the Republic in the company of representatives of the Office of the United Nations High Commissioner for Human Rights (OHCHR) Office in Guatemala, the Chair of the Committee on the Elimination of Racial Discrimination and representative leaders of the Afro-descendant community.
(d)Exchange visits
9.With the aim of providing information and guidance to public officials concerning the Government’s commitments in the area of racial discrimination and indigenous peoples, three important events were arranged:
An informal visit by Ms. Anastacia Crickley, the then Vice-Chair of the Committee on the Elimination of Racial Discrimination, from 26 October to 7 November 2015: Ms. Crickley held a series of meetings with public officials, including with the President of the Constitutional Court; the President of the Supreme Court; the President-elect of the Republic, Jimmy Morales; the Director-General of the Public Criminal Defence Institute; members of the State Inter-Agency Coordinating Council for Indigenous Affairs; and representatives of the Ministry of Foreign Affairs. She also met with representatives of civil society organizations, including the Foundation for the Development of Guatemala, the National Coordinating Committee of Guatemalan Widows and the Rigoberta Menchú Foundation. Field visits to geographical areas belonging to the Garifuna and Xinca peoples were also conducted.
An academic visit from the Special Rapporteur on the rights of indigenous peoples on 22 February 2016, during which she met with representatives of the State Inter-Agency Coordinating Council for Indigenous Affairs to discuss progress made in relation to indigenous issues: meetings were also arranged with civil society organizations.
A preparatory session for experts of the Permanent Forum on Indigenous Issues from 11 to 15 April 2016, during which a series of conferences were held with public authorities, representatives from the business sector and members of civil society in order to exchange views on the situation of the rights of indigenous peoples and the challenges facing the Government in that regard.
(e)Educational campaign
10.As a result of cooperation between the Governments of Mexico and Guatemala, the Mexican television series Kipatla: para tratarnos igual (Kipatla: so we can treat everyone as equal) is being broadcast on Guatevisión, a cable television channel (http://www.guatevision.com/?s=kipatla) starting on 1 May 2016 (Nahuatl language). Its aim is to help instil new paradigms and values in children and the family that promote understanding and respect for human diversity and coexistence and that eliminate prejudice and stereotyping in various everyday situations.
Concluding observation No. 8: Statistical data
11.The National Institute of Statistics has taken the following steps to produce statistical data on the country’s demographic composition:
(a)Externally: The Office for Coordination of Statistics on Gender and Population Groups has coordinated with and supervised the institutions comprising the National Statistical System to ensure that these approaches are followed. This has been done by evaluating data-collection tools, providing training to producers of statistical information and survey takers and formulating proposals, among other activities;
(b)Internally: Variables have been included in all census tools to allow information to be broken down, inter alia, by sex, age, self-identification as belonging to a population group or linguistic community, and geographical area. As a result, various publications that include a population group approach are being produced, including the following:
Statistical profiles of the country as a whole and of each of the 22 departments;
Security, justice, economic and sociodemographic indicators, disaggregated on the basis of cultural self-identification;
Databases and publications containing current statistics, vital statistics and statistics on domestic violence;
Databases and surveys (National Survey of Living Conditions, National Survey of Employment and Income, National Survey of Young Persons and National Survey of Disability).
12.Data-collection methodologies and census frequency:
The production of statistics broken down by the four population groups that make up the Guatemalan population and the 22 linguistic communities that comprise the Maya people and efforts to ensure respect for the right of self-identification in recording information in censuses, surveys and administrative records are the most important steps that have been taken to assess the situation of the various population groups in Guatemala. Such assessments are essential for decision-making on the part of both public and private entities to promote the development of those segments of the population in greatest need or lagging the farthest behind.
For that reason, the National Institute of Statistics has incorporated a population group approach in its entire statistical production process — including the design, collection, processing, publication and dissemination of data — in order to ensure that those groups are included in assessments of the situation of the population as a whole and to highlight its specificities and inequalities.
However, the nature of statistical processes is such that, in certain cases — such as surveys with a small sample size — it is not considered to be technically feasible to disaggregate data for very small groups, always take an indigenous peoples approach or present all information with a technically representative level of disaggregation. Consequently, in some cases the only possible breakdown of population groups is “indigenous” or “non-indigenous”. Nevertheless, every effort is being made to compile data from existing information sources, such as administrative records and surveys with large sample sizes, and to break it down on the basis of the four population groups — Garifuna, Maya, Xinca and non-indigenous (“Ladino” or “Mestizo”) — and the 22 linguistic communities of the Maya people.
In order to respect the right of self-identification in all statistical production processes, the respondent’s self-identification is recorded as falling into one of the following groups, as recognized in national legislation.
Breakdown used to record respondent self-identification
13.The Office for the Coordination of Statistics on Gender and Population Groups presented the question in the following manner:
The Office for the Coordination of Statistics on Gender and Population Groups is the technical and administrative body responsible for coordinating gender and population group mainstreaming in the production of official statistics. In consultation with the institutions included in the National Statistical System, it carried out the following activities: assisted in developing the Sixth National Survey on Maternal and Child Health (ENSMI) 2014-2015 with a view to better incorporating the population group approach; formulated a proposal for recording the relevant gender and population group variables in administrative records; and developed a training course on “Human Rights and Statistics Incorporating a Gender and Population Group Approach”.
In accordance with the regulations of the 2013 Budget Act, budgetary appropriations must include categories that take into account gender, indigenous peoples, education and malnutrition. Accordingly, recipients of Government funds must provide information on their objectives, goals and beneficiaries, disaggregated by gender, ethnicity, age and geographical location, and the budget amounts allocated to the related measures.
Concluding observation No. 9: Legal Framework
14.Bill No. 4087 on community radio broadcasting and bill No. 3946 on indigenous jurisdiction were the only pieces of draft legislation discussed at second reading in February and April of this year, respectively. As things stand, both bills are following their normal course through the legislature.
15.The Amendment of the Political Parties and Electoral Act (bill No. 4783) was adopted by Congress on 18 April 2016 in the form of Decree No. 26-2016. It has been submitted to the executive branch for the latter’s approval, promulgation and publication.
16.No further progress has been made on the remaining bills relating to indigenous peoples.
Recommendation No. 16 of the Committee: Participation in political life
17.In September 2015, general elections were held in Guatemala for President and Vice-President of the Republic, as well as for members of Congress, municipal councils and the Central American Parliament, who were elected by a popular vote in which 7,556,873 registered voters and 14 political parties were invited to participate (http://resultados2015.tse.org.gt/1v/resultados-2015/index.php).
18.Since no candidate obtained the majority required in the presidential elections, a second round run-off took place in October 2015, which ultimately led the current President, Jimmy Morales, of the National Convergence Front, to victory.
19.In the eighth congressional legislature for the period 2016-2020, 17 out of 158 members of Congress are indigenous persons.
20.The composition of the 2016-2020 Cabinet of Ministers is as follows:
(a)Ministries: A female indigenous minister in the Ministry of Labour and Social Security and an Afro-descendent minister in the Ministry of Environment and Natural Resources;
(b)Offices of Deputy Minister: A female indigenous deputy minister in the Ministry of Labour and Social Security and two indigenous deputy ministers in the Ministry of Education;
(c)Secretariats: A female indigenous secretary in the Peace Secretariat and another in the Presidential Secretariat for Women;
(d)Three of the country’s 22 departmental governors are indigenous persons;
(e)The Office for the Defence of Indigenous Women, the Guatemalan Fund for Indigenous Development and the Presidential Commission on Discrimination and Racism against Indigenous Peoples are all headed by indigenous persons.
21.Although a special selection process is used for Supreme Court judges that is not decided by a popular election, 1 of the 13 judges of the Court for the period 2014-2019 is a member of the indigenous Maya Quiché people. He served as President of the Supreme Court in 2014-2015 and was a member of the delegation that participated in the interactive dialogue with the Committee during the consideration of the country’s combined fourteenth and fifteenth periodic reports.
22.The General Decentralization Act, the Urban and Rural Development Councils Act and the Municipal Code promote the civic participation of indigenous peoples in the public sphere, in keeping with the principles of national, multi-ethnic, pluricultural and multilingual unity.
23.The representation of indigenous peoples has been institutionalized in the system of Urban and Rural Development Councils with a view to ensuring their free participation in decision-making processes in the various spheres of national government. This guarantees that development planning is democratic and promotes the following: (a) respect for the cultures of peoples coexisting in Guatemala; (b) harmonious intercultural relations; and (c) processes of participatory democracy in conditions of fairness and equal opportunity for the Garifuna, Maya and Xinca peoples and the non-indigenous population, without discrimination of any kind.
24.Fifty-seven training events were held in 2015 for 2,098 Development Council members with a view to strengthening the participation of the Garifuna, Maya and Xinca peoples.
Table No. 1
Linguistic communities of the Departments of Guatemala with representation in the Departmental Urban and Rural Development Councils convened by the Ministry of Culture and Sports, including effective dates
|
No. |
Linguistic community |
Department |
Start date |
End date |
|
1 |
Pokonchi |
Alta Verapaz |
15/11/2014 |
16/11/2016 |
|
2 |
Kekchi |
Alta Verapaz |
15/11/2014 |
16/11/2016 |
|
3 |
Achi |
Baja Verapaz |
26/10/2014 |
16/11/2016 |
|
4 |
Pokonchi |
Baja Verapaz |
06/11/2014 |
16/11/2016 |
|
5 |
Kekchi |
Baja Verapaz |
06/11/2014 |
16/11/2016 |
|
6 |
Cakchikel |
Chimaltenango |
23/03/2016 |
22/03/2018 |
|
7 |
Chorti |
Zacapa |
22/09/2015 |
22/09/2017 |
|
8 |
Chorti |
Chiquimula |
22/09/2015 |
22/09/2017 |
|
9 |
Quiché |
Quiché |
24/07/2015 |
24/07/2017 |
|
10 |
Sakapulteko |
Quiché |
23/07/2015 |
23/07/2017 |
|
11 |
Uspanteca |
Quiché |
29/09/2015 |
29/09/2017 |
|
12 |
Pokomam |
Escuintla |
13/08/2014 |
13/08/2016 |
|
13 |
Cakchikel |
Guatemala |
10/11/2014 |
16/11/2016 |
|
14 |
Pokomam |
Guatemala |
17/05/2015 |
17/05/2017 |
|
15 |
Akatek |
Huehuetenango |
05/04/2016 |
04/04/2018 |
|
16 |
Awakateko |
Huehuetenango |
08/11/2015 |
08/11/2017 |
|
17 |
Chalchiteko |
Huehuetenango |
11/04/2016 |
10/04/2018 |
|
18 |
Chuj |
Huehuetenango |
28/05/2014 |
28/05/2016 |
|
19 |
Quiché |
Huehuetenango |
10/04/2016 |
09/04/2018 |
|
20 |
Mam |
Huehuetenango |
21/04/2015 |
21/04/2017 |
|
21 |
Popti |
Huehuetenango |
11/08/2015 |
31/10/2016 |
|
22 |
Kanjobal |
Huehuetenango |
25/11/2015 |
25/11/2017 |
|
23 |
Tectiteco |
Huehuetenango |
22/05/2015 |
22/05/2017 |
|
24 |
Garifuna |
Izabal |
30/10/2014 |
16/11/2016 |
|
25 |
Kekchi |
Izabal |
29/10/2014 |
16/11/2016 |
|
26 |
Pokomam |
Jalapa |
24/03/2016 |
23/03/2018 |
|
27 |
Xinca |
Jalapa |
02/03/2016 |
02/03/2018 |
|
28 |
Xinca |
Jutiapa |
05/03/2016 |
04/03/2018 |
|
29 |
Itzá |
Petén |
01/06/2014 |
01/06/2016 |
|
30 |
Mopan |
Petén |
24/05/2014 |
24/05/2016 |
|
31 |
Kekchi |
Petén |
25/05/2014 |
25/05/2016 |
|
32 |
Quiché |
Quetzaltenango |
21/08/2015 |
20/08/2017 |
|
33 |
Ixil |
Quiché |
14/04/2014 |
14/04/2016 |
|
34 |
Quiché |
Retalhuleu |
22/05/2014 |
22/05/2016 |
|
35 |
Mam |
Retalhuleu |
27/07/2015 |
27/07/2016 |
|
36 |
Cakchikel |
Sacatepéquez |
21/05/2014 |
21/05/2016 |
|
37 |
Mam |
San Marcos |
23/07/2015 |
23/07/2017 |
|
38 |
Sipakapense |
San Marcos |
12/03/2016 |
11/03/2018 |
|
39 |
Cakchikel |
Sololá |
07/11/2014 |
16/11/2016 |
|
40 |
Quiché |
Sololá |
29/10/2014 |
16/11/2016 |
|
41 |
Tzutuhil |
Sololá |
07/12/2015 |
07/12/2017 |
|
42 |
Quiché |
Suchitepéquez |
07/11/2014 |
16/11/2016 |
|
43 |
Tzutuhil |
Suchitepéquez |
22/04/2014 |
22/04/2016 |
|
44 |
Quiché |
Totonicapán |
08/11/2014 |
16/11/2016 |
|
45 |
Xinca |
Santa Rosa |
16/11/2014 |
16/11/2016 |
|
46 |
Mam |
Quetzaltenango |
12/11/2015 |
12/11/2017 |
Source : Ministry of Culture and Sports (2016) .
25.Two further meetings are expected to take place in 2016 in the Kekchi community in the Department of Quiché and in the Cakchikel community in the Department of Escuintla, which will elect their representatives for the first time.
Table No. 2
Members by population group and linguistic community with representation in the Departmental Urban and Rural Development Councils convened by the Ministry of Culture and Sports — Overview
|
Linguistic Community |
Department(s) |
Maya |
Xinca |
Garifuna |
|
Regular members and alternates |
||||
|
Achi |
Baja Verapaz |
2 |
||
|
Akatek |
Huehuetenango |
2 |
||
|
Awakateko |
Huehuetenango |
2 |
||
|
Chalchiteko |
Huehuetenango |
2 |
||
|
Chorti |
Zacapa, Chiquimula |
4 |
||
|
Chuj |
Huehuetenango |
2 |
||
|
Garifuna |
Izabal |
2 |
||
|
Itzá |
Petén |
2 |
||
|
Ixil |
Quiché |
2 |
||
|
Cakchikel |
Chimaltenango, Guatemala, Sacatepéquez, Sololá |
8 |
||
|
Quiché |
Huehuetenango, Retalhuleu, Quiché, Quetzaltenango, Sololá, Suchitepéquez, Totonicapán |
14 |
||
|
Mam |
Huehuetenango, Retalhuleu, San Marcos, Quetzaltenango |
8 |
||
|
Mopan |
Petén |
2 |
||
|
Popti |
Huehuetenango |
2 |
||
|
Pokomam |
Escuintla, Guatemala, Jalapa |
6 |
||
|
Pokonchi |
Alta Verapaz , Baja Verapaz |
4 |
||
|
Kanjobal |
Huehuetenango |
2 |
||
|
Kekchi |
Alta Verap a z, Baja Verap a z, Izabal, Peten |
8 |
||
|
Sakapulteko |
Quiché |
2 |
||
|
Sipakapense |
San Marcos |
2 |
||
|
Tectiteco |
Huehuetenango |
2 |
||
|
Tzutuhil |
Suchitepéquez, Sololá |
4 |
||
|
Uspanteca |
Quiché |
2 |
||
|
Xinca |
Jalapa, Jutiapa, Santa Rosa |
6 |
||
|
Total |
84 |
6 |
2 |
Source : Ministry of Culture and Sports (2016) .
Table No. 3
Participation of indigenous peoples in the Regional Urban and Rural Development Council — Overview
|
Regions |
Maya |
Xinca |
Garifuna |
|
Regular members and alternates |
|||
|
Region I |
- |
- |
- |
|
Region II |
3 |
||
|
Region III |
1 |
1 |
|
|
Region IV |
1 |
2 |
|
|
Region V |
3 |
||
|
Region VI |
4 |
||
|
Region VII |
9 |
||
|
Region VIII |
- |
- |
- |
|
Total |
21 |
2 |
1 |
Source : Ministry of Culture and Sports (2016) .
Table No. 4
Participation of indigenous peoples in the National Urban and Rural Development Council — Overview
|
Maya |
Xinca |
Garifuna |
|||
|
Members |
Alternates |
Members |
Alternates |
Members |
Alternates |
|
4 |
4 |
1 |
1 |
1 |
1 |
Source : Ministry of Culture and Sports (2016) .
26.On 4 March 2015, the Working Group on Indigenous Peoples was established within the National Urban and Rural Development Council. Among other functions, the Working Group participates in formulating and following up on national development policies and plans to ensure the recognition, respect and promotion of the country’s multilingual, multi-ethnic and pluricultural character.
27.Following a debate held in a plenary session of Congress, there was not enough support for the adoption of special measures to ensure a level of representation of at least 30 per cent for women and for indigenous persons, as is required under a prior Constitutional Court ruling. This is why it does not appear in Decree No. 26-2016, which was adopted by Congress on 18 April 2016.
28.The National Registry Office, which is responsible for issuing citizens’ personal documentation, is in the process of implementing the following measures:
(a)The use of mobile units for issuing documents;
(b)A policy to recognize indigenous peoples’ identity and languages in the national records system by indicating the population group and linguistic community on identification documents;
(c)A 2015 institutional training plan for human resources staff in the basics of researching and recognizing personal identity and in including the categories of population group and linguistic community in their records.
29.The Indigenous Peoples and Intercultural Affairs Office, which was established in 2014 and inaugurated in April 2016, is an advisory and consultative body that formulates proposals for administrative, legal and political reform with emphasis on the comprehensive development of indigenous peoples in a linguistically and culturally sensitive manner. It coordinates inter-agency efforts to reinvigorate the Agreement on the Identity and Rights of Indigenous Peoples. The Office is composed of members of executive branch institutions and representatives of the Garifuna, Maya and Xinca peoples.
30.The Inter-Agency Working Group on Persons of African Descent was established in September 2014 to promote activities for the implementation of the International Decade for People of African Descent 2015-2024 (General Assembly resolutions 68/237 (2013) and 69/16 (2014)). Composed of members of the Ministry of Foreign Affairs, Ministry of Education, Ministry of Culture and Sports, Presidential Secretariat for Planning and Programming, Presidential Human Rights Commission, Presidential Commission on Discrimination and Racism against Indigenous Peoples in Guatemala, Office for the Defence of Indigenous Women and Guatemalan Fund for Indigenous Development, the Working Group has promoted the following activities:
(a)Awareness-raising among public officials and civil society concerning the International Decade for People of African Descent through workshops, discussion groups and training courses; the development of a training course entitled “Racism, Discrimination and Human Rights concerning the Garifuna People and Persons of African Descent” in cooperation with the Presidential Human Rights Commission, the National Council for the Implementation of the Peace Accords and the Public Administration Institute;
(b)The official launch of the International Decade for People of African Descent in a ceremony held on 4 November 2015, which was presided over by the Vice-President of the Republic together with representatives of the OHCHR Office in Guatemala, the Chair of the Committee on the Elimination of Racial Discrimination and representative leaders of the Afro-descendent community; and
(c)The initiation by the Government of Guatemala, with the cooperation of the OHCHR Office in Guatemala, of a process to draft a national action plan for achieving the goals of the International Decade for People of African Descent 2015-2024.
Challenges
31.As was acknowledged by the Guatemalan delegation during the interactive dialogue with the Committee, the racism that has its roots in the history of Guatemala has become a pervasive phenomenon and hinders the development of the country’s indigenous peoples. Despite the numerous efforts taken to transition away from a monocultural and exclusive society towards a more multicultural and democratic one, the Guatemalan Government is still confronted with the following challenges:
(a)The promotion of constitutional reform in order to incorporate the rights of indigenous peoples, as outlined in the Agreement on the Identity and Rights of Indigenous Peoples, which is one of the 12 Peace Accords signed in order to put an end to the internal armed conflict;
(b)Ensuring that the methodology for the forthcoming twelfth population census and the seventh household census is inclusive at each stage of the process in order to obtain results disaggregated by population group and linguistic community and that it allows for the development of a new sampling frame so that future household surveys incorporate an approach focusing on indigenous peoples and persons of African descent;
(c)The enactment by Congress of the bills on the rights of indigenous peoples; and
(d)The inclusion of affirmative action measures, in the form of political participation quotas for indigenous peoples, in the next generation of amendments to the Political Parties and Electoral Act, thereby strengthening representation, inclusiveness, multisectoral dialogue and democracy.