Committee on the Elimination of Racial Discrimination

Concluding observations on the combined eighteenth to twentieth periodic reports of Guatemala *

1.The Committee considered the combined eighteenth to twentieth periodic reports of Guatemala, submitted in one document, at its 3171st and 3172nd meetings, held on 19 and 20 November 2025. At its 3187th meeting, held on 1 December 2025, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the combined eighteenth to twentieth periodic reports of the State Party. The Committee also welcomes the open and constructive dialogue with the State Party’s high-level delegation, which represented all branches of the Government, and the additional information provided after the dialogue.

B.Positive aspects

3.The Committee welcomes the following legislative and policy measures taken by the State Party:

(a)Decree No. 13-2025 of 11 November 2025, amending article 30 bis of the Budget Act and authorizing public investment in Indigenous Peoples’ lands;

(b)Decree No. 4-2025 of 10 March 2025, amending the law that declares 19 May of each year “National Day of the Guatemalan Midwife IYOM Y/O RATI’T AK’AL”, which itself provides for the recognition of midwives and addresses their annual stipend;

(c)Decree No. 3-2024 of 8 March 2024, on National Indigenous Languages Day;

(d)The Policy for the Protection of Human Rights Defenders (2025–2035), dated 13 November 2025;

(e)The legislature’s policy on Indigenous Peoples (Congressional Resolution No. 14-2024);

(f)The 2021–2025 action plan under the National Policy on Midwives Belonging to the Four Peoples of Guatemala;

(g)The National Plan for the Prevention and Eradication of Violence against Women (2020–2029).

C.Concerns and recommendations

Data collection

4.The Committee takes note of the statistical data submitted by the State Party that were drawn from the twelfth national population census and seventh housing survey of 2018, in which respondents could for the first time self-identify as members of a particular people, including “Afrodescendent/Creole/Afromestizo people”, and linguistic community. However, it remains concerned about reports regarding the lack of information on the application of the categories, which may have hindered self-identification, mainly in the case of people of African descent. The Committee is also concerned that the criterion of self‑identification is not always included in the collection of data and administrative records of public institutions, at all levels of government. This in turn limits the State Party’s ability to address the disparities that perpetuate the inequality, discrimination and structural racism that primarily affect the Garifuna, Maya, Xinka and Afrodescendent peoples and to assess any progress made towards the realization of the full enjoyment of the rights established in the Convention (art. 2).

5. Recalling the Committee ’ s guidelines on reporting by States Parties under the Convention and its previous concluding observations, the Committee recommends that the State Party ensure systematic data collection by the relevant public institutions, at all levels of government, ensuring the application of the principle of self-identification, collecting socioeconomic data disaggregated by descent, national or ethnic origin and any other relevant criteria, and incorporating human rights indicators to assess the enjoyment of the rights enshrined in the Convention. It also recommends that the State Party review regularly the self-identification categories in consultation with the Maya, Garifuna, Xinka and Afrodescendent peoples and civil society organizations, to ensure the collection of accurate and representative statistical data that will enable the State Party to develop appropriate public policies and programmes for the segments of the population that are vulnerable to inequality, discrimination and structural racism.

Implementation of the Convention

6.The Committee notes that, according to article 46 of the State Party’s Constitution, the Convention takes precedence over domestic law. However, it regrets the lack of detailed information on cases in which the Convention has been invoked or directly applied by domestic courts (arts. 1 and 6).

7.The Committee recommends that the State Party redouble its efforts to provide regular training on the Convention, in particular to judges, prosecutors, public defenders, law enforcement officials and other public officials, so that they can invoke and apply it in relevant cases, in order to ensure its systematic application at all levels of government. The Committee also recommends that the State Party conduct awareness-raising campaigns for the general public , in particular for the groups most vulnerable to racial discrimination, on the Convention and the complaint mechanisms and judicial and non-judicial remedies available to them to enforce the rights enshrined in the Convention. The Committee requests the State Party to include, in its next periodic report, specific examples of cases in which domestic courts and other relevant jurisdictions have applied the Convention.

Legal framework for combating racial discrimination

8.The Committee notes that the principle of equality is enshrined in article 4 of the State Party’s Constitution. However, it remains concerned that the national legislative framework does not provide a definition of racial discrimination that is fully aligned with article 1 of the Convention and that expressly covers all prohibited grounds of discrimination and direct and indirect racial discrimination in the public and private spheres. While welcoming the legislative measures adopted by the State Party that are referred to in section B of these concluding observations, the Committee remains concerned that there has not been significant progress in the discussion and adoption of most of the legislative initiatives relevant to the fight against racial discrimination and the protection of the rights of the Garifuna, Maya, Xinka and Afrodescendent peoples, including those aimed at implementing the Peace Agreements, in particular the Agreement on Identity and Rights of Indigenous Peoples. Furthermore, it regrets the lack of information on legislative and other measures to explicitly prevent, combat and prohibit racial profiling by law enforcement officials (arts. 1 and 2).

9. With reference to its previous concluding observations, the Committee recommends that the State Party:

(a) Adopt comprehensive anti-discrimination legislation that contains a clear definition of racial discrimination, including its direct and indirect, multiple and intersectional forms, covering all areas of law, both in the public and private spheres, and including all the grounds of discrimination mentioned in article 1 (1) of the Convention, taking into account its general recommendation No. 14 (1993) on article 1 (1) of the Convention;

(b) Take the necessary measures to ensure the effective institutionalization and implementation of the legislature ’ s policy on Indigenous Peoples (agreement No. 14-2024), including the establishment of permanent spaces for dialogue, the setting up of a feedback system and the review and updating of the priorities in the legislative agenda as presented by the authorities and organizations of Indigenous Peoples;

(c) Make it a priority of the legislative agenda to discuss and approve legislative initiatives aimed at strengthening the fight against racial discrimination and to promote and protect the rights of the Garifuna, Maya, Xinka and Afrodescendent peoples, including those relating to the protection of the collective property of Indigenous Peoples, over their lands and territories, Indigenous jurisdiction, the sacred sites of Indigenous Peoples, community-based media, collective intellectual property rights relating to the textiles and clothing of Indigenous Peoples and a national day of Garifuna and Afrodescendent women;

(d) Include in its legislation an explicit prohibition on racial profiling and on the practice of discriminatory stops by law enforcement officers, taking into account the Committee ’ s general recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials.

Institutional framework for upholding human rights and combating racial discrimination

10.The Committee notes the increase in the budget of the Office of the Human Rights Advocate, the Office of the Ombudsman for Indigenous Women’s Rights, and the Indigenous Development Fund of Guatemala. However, the Committee remains concerned that, despite the efforts made, the institutions created to combat racial discrimination, including the Presidential Commission on Discrimination and Racism against Indigenous Peoples, the Office of the Ombudsman for Indigenous Women’s Rights, and the Indigenous Development Fund of Guatemala, are unable to effectively fulfil their mandates because, among other reasons, they lack the necessary resources and capacity. It is also concerned about reports that the Office of the Human Rights Advocate has limited scope to act in cases involving the protection of leaders and members of Indigenous Peoples against criminalization for defending Indigenous Peoples’ rights (arts. 2 and 6).

11.With reference to its previous concluding observations and its general recommendation No. 17 (1993) on the establishment of national institutions to facilitate the implementation of the Convention, the Committee recommends that the State Party take the necessary steps to continue strengthening institutions for the promotion and protection of human rights and the fight against racial discrimination, ensuring adequate coordination among them and the allocation of adequate human, technical and financial resources so that they can fulfil their mandates. The Committee also recommends that the State Party consider strengthening the work of the Office of the Human Rights Advocate in combating racial discrimination and protecting leaders and members of Indigenous Peoples from criminalization for defending their rights.

National action plans against racial discrimination

12.While the Committee takes note of the initiatives aimed at revising the Policy for Coexistence and the Elimination of Racism and Racial Discrimination and developing a related action plan, it regrets the lack of effective implementation of the policy more than ten years after its approval. It also takes note of the efforts made to develop a policy on Indigenous Peoples and interculturalism, but regrets that it has not yet been approved. While noting the actions taken to develop a strategic plan for the implementation of the first International Decade for People of African Descent, the Committee regrets that the State Party has not succeeded in adopting a national plan on people of African descent (arts. 2 and 5).

13. The Committee recommends that the State Party:

(a) Step up its efforts to revise the Policy for Coexistence and the Elimination of Racism and Racial Discrimination and finalize the adoption of the related action plan as soon as possible, ensuring that the plan includes measures to combat racial discrimination, racism and xenophobia, as well as structural discrimination and racism;

(b) Accelerate the development and adoption of a policy on Indigenous Peoples and interculturalism, establishing specific deadlines;

(c) Adopt a national plan on people of African descent within the framework of the Second International Decade for People of African Descent;

(d) Ensure the active and full participation of the groups most at risk of racial discrimination, including the Garifuna, Maya, Xinka and Afrodescendent peoples, migrants, asylum-seekers and refugees, in the development and monitoring of policies and plans that concern them and the evaluation of the results achieved and the progress made;

(e) Include clear indicators and targets and set up appropriate mechanisms to monitor and evaluate the implementation of the aforementioned policies and plans and allocate sufficient human, financial and technical resources for their effective implementation at all levels of government.

Application of article 4 of the Convention

14.While noting the legislative initiatives aimed at amending the Criminal Code, the Committee remains concerned that the State Party’s domestic legislation does not include as criminal offences all conduct prohibited under article 4 of the Convention. It regrets the fact that comprehensive information was not provided on whether racist motivation constitutes an aggravating circumstance in criminal offences (art. 4).

15.Recalling its previous concluding observations, the Committee recommends that the State Party review its legislation, including the Criminal Code, to ensure that all actions described in article 4 of the Convention are prohibited and criminalized. The Committee further recommends that the State Party recognize racist motivation as an aggravating circumstance for all acts classified as offences under the Criminal Code. The Committee draws the attention of the State Party to its general recommendations No. 1 (1972), No. 7 (1985), No. 8 (1990) and No. 15 (1993) on article 4 of the Convention, according to which all the requirements of article 4 are of a mandatory character.

Racist hate speech and hate crimes

16.The Committee takes note of the measures taken by the State Party to address hate speech and hate crimes, including the campaign “Respect for Cultural Identity for Harmonious Coexistence” and the campaigns against xenophobia “Behind Every Refugee There Is a Story” and “We Are All Migrants”. However, it is concerned about the persistence of hate speech and xenophobia against the Garifuna, Maya, Xinka and Afrodescendent peoples, as well as migrants, asylum-seekers and refugees, including on the Internet and social media platforms and by public figures and authorities. It regrets the lack of information on complaints, investigations and sanctions against the perpetrators of hate crimes and racist violence, and on reparations granted to victims or their families. It also regrets the absence of information on the existence of a system for registering and compiling data disaggregated by ethnic and national origin, without which it is impossible to fully know the extent of the problem of racist and xenophobic hate speech and hate crimes (arts. 2 and 4).

17. In the light of its general recommendation No. 35 (2013) on combating racist hate speech, and recalling its previous concluding observations, the Committee recommends that the State Party:

(a) Take the measures necessary to prevent, condemn and combat racist hate speech against the Garifuna, Maya, Xinka and Afrodescendent peoples, migrants, asylum-seekers and refugees, including on the Internet and social media platforms, and by public officials and national authorities;

(b) Step up its efforts to counter the spread of racist hate speech on the Internet and social media platforms, in close cooperation with the providers of these services and the communities most affected by this kind of hate speech;

(c) Facilitate the reporting of racist hate speech and crimes and ensure that perpetrators are duly prosecuted and punished and that victims or their families have access to effective remedies and adequate reparation;

(d) Continue and expand public awareness campaigns aimed at eliminating prejudice and the stigmatization of groups that have historically been targeted by racist hate speech and at promoting respect for diversity and the elimination of racial discrimination, including racist and xenophobic hate speech;

(e) Strengthen training programmes for police officers, prosecutors, judges and other law enforcement officials, including on methods for identifying and documenting cases of racist hate speech, investigating such offences and prosecuting perpetrators;

(f)Take the measures necessary to ensure that racist hate crimes and hate speech are systematically documented, including by establishing a system for collecting data on these crimes, disaggregated by, inter alia, the ethnic origin, nationality and gender of the victims.

Structural discrimination

18.The Committee appreciates the State Party’s acknowledgment of its historical debt to Indigenous Peoples and communities of African descent and of the racism and structural racial discrimination that affects them, and it takes note of the measures adopted in the political, economic and social spheres to combat poverty and inequality and of certain special or affirmative measures adopted for the benefit of these communities. However, it remains concerned about the persistent effects of historical and structural discrimination faced by the Garifuna, Maya, Xinka and Afrodescendent peoples, which are reflected in high rates of poverty and social exclusion, particularly among those living in rural and remote areas. It is also concerned about the impact of structural discrimination and racism on the effective enjoyment of the rights set out in article 5 of the Convention, mainly economic, social and cultural rights, in particular access to employment and the right to food, health and education (arts. 2 and 5).

19. With reference to its previous concluding observations, and in the light of its general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee recommends that the State Party adopt the necessary special measures or affirmative action at all levels of government to eliminate the structural discrimination and inequality faced by the Garifuna, Maya, Xinka and Afrodescendent peoples, ensuring their participation in the design, application and evaluation of such measures. The Committee recommends that the State Party:

(a) Redouble efforts to reduce the high levels of inequality and poverty affecting the Garifuna, Maya, Xinka and Afrodescendent peoples;

(b) Expand efforts to address racial discrimination in the workplace, particularly racial discrimination against Indigenous persons and people of African descent, including in respect of traditional attire and Indigenous languages; improve access to the formal sector of the economy, in equitable and satisfactory working conditions, for people belonging to these groups; and prevent and effectively protect them against abuse, labour exploitation, forced labour and trafficking in persons, particularly in agriculture, domestic work and the textile maquila industry;

(c) Ensure that measures taken to address food insecurity and difficulties in gaining access to water, sanitation and electricity have a tangible impact on the Garifuna, Maya, Xinka and Afrodescendent peoples, including with regard to acute and chronic child malnutrition, which affects Indigenous Peoples in particular;

(d) Increase efforts to ensure equal access to high-quality and culturally appropriate health services for persons belonging to the Garifuna, Maya, Xinka and Afrodescendent peoples to reduce maternal and infant mortality in Indigenous communities;

(e) Redouble efforts to combat racial discrimination in education, in particular against the Garifuna, Maya, Xinka and Afrodescendent peoples, and to ensure the availability, accessibility and quality of education at all levels for children from these communities, including measures to strengthen bilingual intercultural education for the Garifuna, Maya and Xinka communities.

Participation in political life and public affairs

20.The Committee welcomes the establishment of a national assembly for dialogue between the President and ancestral Indigenous authorities. However, it remains concerned about the insufficient representation of the Garifuna, Maya, Xinka and Afrodescendent peoples in the political life and public affairs of the State Party, in particular with regard to women belonging to these communities (arts. 2 and 5).

21.With reference to its previous concluding observations, the Committee urges the State Party, in consultation with the Garifuna, Maya, Xinka and Afrodescendent peoples and with their participation, to adopt effective measures, including special measures and affirmative action, aimed at ensuring their full participation in political life and public affairs, in particular for women belonging to these communities, both in decision-making positions and in representative institutions, including through the amendment of the Elections and Political Parties Act in the light of general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention. The Committee also recommends that the State Party provide access to information about elections in the Garifuna, Maya and Xinka languages and provide disaggregated statistical data on the political participation of the Garifuna, Maya, Xinka and Afrodescendent peoples, making the provision of self-identification options a priority. It also recommends institutionalizing spaces for dialogue between the President and Indigenous authorities, ensuring the regularity of dialogue, the participation of all peoples with equal opportunity and the allocation of a budget for the fulfilment of commitments made and the monitoring of progress achieved.

Freedom of peaceful assembly and human rights defenders

22.The Committee is concerned about the various allegations of excessive use of force by law enforcement officials and of violence by private security companies, which has a disproportionate impact on Indigenous Peoples protesting in defence of their rights, as was the case during the demonstrations that took place in the country in 2023 or during demonstrations against infrastructure projects or projects involving the exploitation of natural resources. It is also concerned about allegations of impunity for excessive use of force and acts of violence, including incidents that result in the death of victims, delays in punishing those responsible and the handing down of sentences for minor offences, as in the case of the Alaska summit massacre. In addition, the Committee is concerned about reports of the indiscriminate use of states of emergency in areas predominantly populated by Indigenous Peoples, particularly in response to protests in defence of their rights and their lands and territories (arts. 5 and 6).

23. The Committee recommends that the State Party take all the measures necessary to ensure the exercise of the right to freedom of peaceful assembly and of peaceful association without any discrimination on the grounds of race, colour, descent or national or ethnic origin. The Committee also recommends that the State Party:

(a) Ensure that all cases of excessive use of force by law enforcement officials and violence by private security companies during peaceful protests organized by Indigenous Peoples are investigated promptly and effectively; that those responsible are duly prosecuted and punished in accordance with the seriousness of the crime and in line with international standards on the use of force in peaceful demonstrations and command responsibility; and that adequate reparations are granted to the victims and their families;

(b) Adopt the measures necessary to prevent police and institutional violence, including the implementation of continuous training programmes for law enforcement officials on the use of force in accordance with international standards, including the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement;

(c) Ensure that the use of states of emergency strictly complies with the State Party ’ s international obligations in this area, including article 4 of the International Covenant on Civil and Political Rights, and avoid the excessive use of states of emergency in areas predominantly populated by Indigenous Peoples in response to protests carried out in defence of their rights and their lands and territories.

24.The Committee welcomes the adoption, in November 2025, of the Policy for the Protection of Human Rights Defenders (2025–2035). However, the Committee remains concerned about allegations of reprisals, intimidation, threats and criminalization concerning leaders and members of Indigenous Peoples who have sought to defend their rights, as well as human rights defenders who advocate for the rights of these groups. The Committee is also concerned about reports of the inappropriate use of criminal charges of terrorism and unlawful association by the Public Prosecution Service against members of Indigenous Peoples for leading or participating in peaceful demonstrations in defence of their rights, as has been the case, among others, with Luis Pacheco and Héctor Chaclán. Likewise, there is concern about the persistence of speech that stigmatizes demonstrations by Indigenous Peoples and their leaders, especially on social networks and in the media, including official media outlets (arts. 5 and 6).

25. With reference to its previous concluding observations, the Committee recommends that the State Party:

(a) Take the necessary measures to ensure the effective implementation of the Policy for the Protection of Human Rights Defenders, with the meaningful participation of civil society, including representatives of the Garifuna, Maya, Xinka and Afrodescendent peoples, ensuring that effective protection mechanisms and strategies are provided for, that cultural and gender differences are taken into account, and that adequate human, technical and financial resources are available;

(b) Conduct thorough, impartial and effective investigations into all reports of attacks on the life, physical integrity or freedom of leaders and members of Indigenous Peoples who defend their rights and of human rights defenders who advocate for the rights of these groups, as well as all reports of acts of violence, threats, harassment, intimidation, bullying and defamation committed against these persons;

(c) Take the necessary measures to prevent the Public Prosecution Service from using the Criminal Code to criminalize arbitrarily members of Indigenous Peoples for crimes of terrorism and unlawful association for leading or participating in peaceful demonstrations to defend their rights.

Freedom of expression and indigenous community radio stations

26.The Committee notes the progress made in complying with the October 2021 judgment of the Inter-American Court of Human Rights in Maya Kaqchikel Indigenous Peoples of Sumpango et al. v. Guatemala, particularly with regard to the publication of the judgment and financial compensation of the victims. However, the Committee is concerned about the lack of compliance with the provisions relating to regulatory compliance for Indigenous community radio stations, the reservation of the radio spectrum for use by those radio stations, the annulment of convictions and the immediate halting of criminal prosecutions of community radio operators (arts. 5 and 6).

27.With reference to its previous concluding observations, the Committee urges the State Party, in compliance with the judgment of the Inter-American Court of Human Rights in Maya Kaqchikel Indigenous Peoples of Sumpango et al. v. Guatemala, to design and implement a human rights-based road map for the application of all the reparations ordered by the Court; adopt a legal framework for recognizing indigenous community radio stations as distinct media outlets and reserve part of the radio spectrum for such radio stations, in consultation with Indigenous Peoples; annul previous convictions and criminal proceedings against Indigenous community radio personnel and issue a general instruction expressly ordering the Public Prosecution Service to refrain from carrying out raids on community radio stations and initiating criminal proceedings against their operators; and to allow communities to operate their community radio stations freely.

Freedom of religion

28.The Committee is concerned about discrimination, hateful conduct, threats and acts of violence, including murders, targeting Indigenous spiritual leaders, as in the cases of Adela Choc Cuz and Domingo Choc Che. It is also concerned about reports that such spiritual leaders face persecution and fines for transporting and trading in ceremonial materials, such as copal pom. Moreover, the Committee is concerned about the impact of extractive activities and development projects on Indigenous Peoples’ sacred sites and about legislative initiatives relating to the protection of pre-Hispanic cultural heritage that could have an impact on the cultural rights of Indigenous Peoples and their enjoyment of freedom of religion (arts. 4–6).

29.The Committee recommends that the State Party take the measures necessary to ensure the full exercise of the right to freedom of religion without any discrimination on the grounds of race, colour, descent or national or ethnic origin. It also recommends taking the measures necessary, in consultation with Indigenous Peoples, to protect their sacred sites and to ensure that they have access to and can transport their ceremonial materials without undue restrictions. Furthermore, it recommends that the State Party ensure that all cases of discrimination, hateful conduct, threats and acts of violence targeting Indigenous spiritual leaders are investigated, that those found responsible are duly punished and that adequate protection and reparations are provided to the victims and their families.

Consultation and free, prior and informed consent

30.The Committee remains concerned about the fact that the State Party has not adopted mechanisms to ensure respect for the right of Indigenous Peoples, including the Garifuna, to be consulted with a view to obtaining their free, prior and informed consent regarding any legislative, administrative or other measure that may affect the effective exercise of their rights. While the Committee notes the measures taken by the State Party’s authorities to comply with the rulings of the Constitutional Court and the Inter-American Court of Human Rights on consultation with Indigenous Peoples, it is concerned that these rulings, including those relating to the cases of the Fenix, Escobal and Progreso VII Derivada mining projects, have not been fully implemented. The Committee is also concerned that the State Party’s response involves reparatory measures, as ordered in those rulings, consisting of a posteriori consultations with affected peoples and that, according to reports received, to date, no consultations have been carried out with Indigenous Peoples prior to the adoption of decisions affecting their rights, including with regard to infrastructure and natural resource exploitation projects and the establishment of protected areas. The Committee is further concerned that the State Party continues to grant concessions for the development of natural resource exploitation projects without due consultation aimed at obtaining the free, prior and informed consent of Indigenous Peoples and without conducting social, environmental and human rights impact assessments. It is also seriously concerned about the negative impact of infrastructure projects and extractive and agro-industrial activities – such as in the mining, palm oil, coffee and sugar sectors – on the rights, territories, resources and traditional ways of life of the Garifuna, Maya, Xinka and Afrodescendent peoples (arts. 2 and 5).

31. Bearing in mind its previous concluding observations and its general recommendation No. 23 (1997) on the rights of Indigenous Peoples, and in the light of the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the United Nations Declaration on the Rights of Indigenous Peoples, the Committee urges the State Party to:

(a) Develop and adopt the appropriate measures, in consultation with Indigenous Peoples, including the Garifuna, to ensure full respect for their right to be consulted regarding any legislative, administrative or other measure that may affect their rights, with a view to obtaining their free, prior and informed consent and taking due account of the cultural characteristics, practices and customs of each people, including those related to decision-making;

(b) Fully comply with the rulings of the Constitutional Court and the Inter ‑ American Court of Human Rights on consultation with Indigenous Peoples and free, prior and informed consent;

(c) Take the legislative, administrative, institutional and other measures necessary to ensure that prior consultations with Indigenous Peoples are conducted in a systematic and transparent manner, making sure that the peoples concerned are duly represented, with a view to obtaining their free, prior and informed consent in relation to legislative, administrative and other measures and economic, industrial, energy, infrastructure and natural resource exploitation projects that may affect their rights, territories, resources and traditional ways of life;

(d) Systematically integrate into prior consultation processes independent, systematic, impartial and public studies on the social, economic, environmental, cultural and human rights impacts that economic, infrastructure, natural resource exploitation or other projects may have on the Indigenous Peoples concerned;

(e) Develop, in consultation with the Indigenous Peoples and communities whose territories and resources are affected, measures to mitigate the adverse environmental, economic, social and cultural impacts of the aforementioned projects , including through compensation for damage or losses suffered and participation in the benefits derived from such activities;

(f) Adopt special measures to prevent and mitigate the negative impact of and pollution resulting from extractive and agro-industrial activities on the lands and resources of Indigenous Peoples and other communities, including their water resources, in order to protect their rights, including the rights to health, food and a clean, healthy and sustainable environment.

Indigenous Peoples’ lands and territories and evictions

32.The Committee is concerned about the limited progress made in implementing the Agreement on Social and Economic Aspects and Agrarian Situation within the framework of the 1996 Peace Agreements and the dismantling, in 2020, of the institutional framework designed to address agrarian conflict, with the dissolution of the Secretariat for Agrarian Affairs. The Committee remains concerned about the lack of legislative and other measures to protect the communal property of Indigenous Peoples, in particular the lack of legal certainty and guarantees with regard to the titling, delimitation, demarcation and restitution of the lands and territories they have traditionally occupied. While the Committee notes the measures taken by the State Party’s authorities to comply with the rulings of the Constitutional Court and the Inter-American Court of Human Rights in relation to Indigenous Peoples’ lands and territories in several specific cases, it is concerned that these rulings, including those relating to Maya Q’eqchi’ communities in the departments of Izabal, Alta Verapaz and Petén, have not been fully implemented (arts. 5 and 6).

33. Bearing in mind its previous concluding observations and its general recommendation No. 23 (1997) on the rights of Indigenous Peoples, and in the light of the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the United Nations Declaration on the Rights of Indigenous Peoples, the Committee urges the State Party to:

(a) Redouble its efforts to strengthen the implementation of the Agreement on Social and Economic Aspects and Agrarian Situation;

(b) Prioritize the establishment of an institutional framework with the authority to address agrarian conflicts under the Agrarian Agreement between the Government and campesino organizations of 2024, ensuring the full participation and consultation of Indigenous Peoples, including those which are not part of campesino organizations;

(c) Develop and adopt, in consultation with Indigenous Peoples, appropriate measures to ensure the protection of their rights to own, use, develop and exercise full control over their lands, territories and resources, including through the necessary legal recognition and protection and the establishment of independent and effective mechanisms for the delimitation, demarcation, legal regularization, recognition and titling of their lands and territories, in accordance with international standards;

(d) Establish an accessible and effective mechanism for filing land claims and for the restitution of ancestral territories and lands and ensure that adequate human, technical and financial resources are allocated for its proper operation;

(e) Fully comply with the rulings of the Constitutional Court and the Inter ‑ American Court of Human Rights concerning Indigenous Peoples ’ lands and territories, establishing specific indicators and deadlines for compliance.

34.The Committee remains particularly concerned about ongoing forced evictions of Indigenous Peoples in the context of legal uncertainty regarding land tenure and about allegations of excessive use of force by law enforcement officials and violence against Indigenous Peoples and individuals by private security companies and non-State actors, including armed gangs and large landowners. The Committee is also concerned about the use of criminal charges of unlawful occupation, aggravated unlawful occupation and unlawful occupation in protected areas, resulting in the conviction and detention of members of Indigenous Peoples living in the territories concerned. The Committee finds it regrettable that the State Party has not replied to its communications submitted under the early warning and urgent action procedure in 2022 and 2023, in which it requested information on allegations of excessive use of force and violence, including the burning of communal houses, crops and animals during forced evictions of Q’eqchi’ and Poqomchí communities in the departments of Alta Verapaz, Baja Verapaz, Izabal and Petén and the criminalization of Indigenous leaders and individuals from these communities. The Committee is concerned about allegations that individuals and communities affected by such incidents refrain from reporting them to the competent authorities for fear of the criminalization to which persons who defend their rights are subjected (arts. 5 and 6).

35. Bearing in mind its previous concluding observations, the Committee urges the State Party to:

(a) Adopt effective measures to ensure adequate protection against forced evictions for Indigenous Peoples, with full respect for their rights, customs, traditions and culture, including through a moratorium on evictions until processes of recognition, regularization and collective titling of their lands, territories and natural resources are completed; and to ensure that no eviction takes place without obtaining their free, prior and informed consent, without a prior agreement on just and fair compensation or without the provision of a culturally appropriate alternative location and, where possible, the option of return, in accordance with article 10 of the United Nations Declaration on the Rights of Indigenous Peoples;

(b) Ensure access for Indigenous Peoples to effective judicial remedies in cases involving violations of their rights in the context of evictions and land conflicts;

(c) Investigate cases of the excessive use of force by law enforcement agencies and cases of violence against Indigenous Peoples by private security companies and non-State actors, prosecute and punish those found responsible, provide adequate reparations to the victims and adopt measures to prevent the recurrence of such violations and to protect Indigenous Peoples from acts of violence by both law enforcement agencies and non-State actors;

(d) Conduct investigations into the legality, transparency and compliance with international standards of issued eviction orders and review legislation on unlawful occupation, aggravated unlawful occupation and unlawful occupation in protected areas to ensure that it does not lead to the misuse of criminal proceedings to criminalize members of Indigenous Peoples.

Situation of Indigenous women, women of African descent and migrant women

36.While the Committee notes the measures taken by the State Party in this area, it remains concerned about the fact that Indigenous women and girls, women and girls of African descent and migrant women and girls continue to face multiple, intersecting forms of discrimination in all areas of social, political, economic and cultural life. It is also concerned about the lack of legal recognition of the collective intellectual property rights of Mayan weavers over their fabrics and clothing. Moreover, the Committee remains concerned about the prevalence of gender-based violence against women and girls and female human rights defenders from these communities (arts. 1, 5 and 6).

37. Bearing in mind its previous concluding observations, and in the light of its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, the Committee recommends that the State Party redouble its efforts to combat the multiple, intersectional forms of discrimination faced by Indigenous, Garifuna, Afrodescendent and migrant women, including by incorporating a gender perspective into all policies and strategies aimed at combating racial discrimination. The Committee also recommends that the State Party:

(a) Draft and adopt, in consultation with Indigenous women, a law specifically protecting the collective intellectual property comprising Indigenous designs, textiles and clothing, in compliance with the Constitutional Court ruling of 24 October 2017;

(b) Redouble efforts to prevent gender-based violence against Indigenous women and girls, women and girls of African descent and migrant women and girls and to investigate instances of such violence, prosecute and punish those found responsible and provide adequate reparations to the victims;

(c) Adopt the measures necessary to prevent the criminalization of Indigenous, Afrodescendent and migrant women defending their rights, ensure that they have effective access to justice and uphold their fundamental rights and the due process guarantees to which they are entitled.

Situation of migrants, asylum-seekers and refugees

38.The Committee acknowledges the regulatory and public policy advances made by the State Party with regard to human mobility, including the adoption of the Migration Policy in 2023. However, it is concerned about the fact that, despite this progress, migrants continue to face barriers to access to employment, healthcare and education. The Committee also notes with concern the increase in incidents of discrimination and xenophobia targeting migrants, asylum-seekers and refugees. In addition, it is concerned about reports of migration agreements concluded by the State Party with other States during the period under review that are not in conformity with international obligations and standards relating to the human rights of migrants, asylum-seekers and refugees (arts. 2 and 5).

39. In the light of its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State Party redouble its efforts to eliminate barriers to access to employment, healthcare and education for migrants, asylum-seekers and refugees, including through awareness-raising campaigns and training for service providers to ensure inclusive care, in collaboration with civil society. It also recommends that the State Party strengthen measures to prevent and punish all forms of discrimination and xenophobia against migrants, refugees, stateless persons and asylum-seekers . Moreover, the Committee recommends that the State Party take the measures necessary to ensure that migration agreements entered into with other States are fully consistent with the Convention and other relevant international obligations and standards.

Access to justice

40.The Committee takes note of the measures taken by the State Party to improve access to justice, including the establishment of courts in regions with large Indigenous populations and the adoption of the Policy on Access to Justice for Indigenous Peoples. Despite this progress, the Committee is concerned about the lack of an adequate intercultural perspective and the persistence of racial discrimination within the judicial system and about reports of the limited availability of interpreters, public defenders and judicial officials with knowledge of the cultures, languages and traditional justice systems of Indigenous Peoples. The Committee remains concerned about the fact that the legislative initiative on Indigenous jurisdiction has yet to be adopted, despite the recognition of such jurisdiction in judicial precedent. It is also deeply concerned about the numerous and consistent allegations of a lack of independence within the judicial system, particularly regarding the Public Prosecution Service, and about the misuse of the criminal justice system to criminalize leaders and members of Indigenous Peoples acting in defence of their rights, as well as human rights defenders advocating for the rights of these groups (arts. 5 and 6).

41. With reference to its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, the Committee recommends that the State Party ensure effective access to justice for the Garifuna, Maya, Xinka and Afrodescendent peoples, and that it:

(a) Redouble its efforts to incorporate an intercultural perspective into the justice system, increase the accessibility and availability of interpreters and public defenders with knowledge of the languages, cultures and traditional justice systems of Indigenous Peoples and take the measures necessary to prevent, identify and punish racist attitudes and racial discrimination within the judicial system;

(b) Expedite the adoption of the legislative initiative on Indigenous jurisdiction, in consultation with Indigenous Peoples;

(c) Adopt the measures necessary to guarantee judicial independence as a means of safeguarding the enjoyment of human rights and combating racial discrimination, taking due account of the recommendations made by the Inter ‑ American Commission on Human Rights in its preliminary observations following its 2024 on-site visit to Guatemala, including the recommendation to cease the misuse of the criminal justice system to target members of Indigenous organizations and the recommendation to conduct an independent review of the Public Prosecution Service and the impact of its actions on human rights, in the light of widely publicized allegations of a lack of objectivity.

Transitional justice and the Peace Agreements

42.The Committee remains concerned about the limited progress made in implementing the Peace Agreements, including the Agreement on Identity and Rights of Indigenous People, and the adverse impact of the dismantling, in 2020, of the institutions established under those agreements. These developments include the closure of the Peace Secretariat, the Secretariat for Agrarian Affairs and the Presidential Commission for the Coordination of Human Rights Policy, as well as the expiration of the National Reparations Programme in 2023. At the same time, it welcomes the efforts made since 2024 to re-establish these institutions. The Committee is concerned about reports of setbacks in access to justice for victims of the internal armed conflict and remains concerned that cases involving serious human rights violations against Indigenous Peoples continue to go unpunished and that judicial proceedings initiated have been considerably delayed, thereby undermining victims’ ability to obtain access to justice and effective reparation (arts. 2, 5 and 6).

43. Bearing in mind its previous concluding observations, the Committee urges the State Party to:

(a) Fully implement the Peace Agreements, including the Agreement on Identity and Rights of Indigenous People, and re-establish the institutional framework derived from those agreements;

(b) Take the measures necessary to uphold the rights of victims, including those belonging to Indigenous Peoples, to justice, truth and reparation in proceedings related to the internal armed conflict, adopting an intercultural approach and a gender perspective in that regard, and implement national and regional rulings ordering reparations for victims;

(c) Ensure that effective investigations are conducted with a view to prosecuting and punishing persons responsible for human rights violations committed during the armed conflict, in accordance with relevant human rights obligations and standards;

(d) Adopt the national plan for dignity and reparations for victims of the internal armed conflict and ensure that it is implemented according to a human rights and gender perspective and that it has sufficient human, financial and technical resources to fulfil its mandate effectively;

(e) Adopt a policy of democratic memory, including a national register of victims and a national plan for the search for disappeared persons, with the broad participation of victims and their representative organizations, and create a national institution dedicated to the search for victims of enforced disappearances, ensuring that it has sufficient human, financial and technical resources to fulfil its mandate effectively.

Education and other measures to combat racial prejudice and intolerance and to address the legacy of the past

44.The Committee notes the measures adopted by the State Party to provide training on human rights, cultural diversity, the contributions of Indigenous Peoples and communities of African descent to society, the culture of peace and non-discrimination. However, it regrets the lack of detailed information on training relating to the Convention and the fight against racial discrimination, racism and xenophobia in school curricula and vocational training programmes. It remains concerned about the persistence of racial and xenophobic stereotypes and prejudices against the Garifuna, Maya, Xinka and Afrodescendent peoples, as well as against migrants, asylum-seekers and refugees. The Committee also finds regrettable the lack of sufficient information on the inclusion of information on the history and culture of these groups in textbooks and curricula at all levels and on education and research relating to the history of colonization, the slave trade and their consequences (arts. 2, 5 and 7).

45. Recalling the importance of education in combating prejudices that lead to racial discrimination and in promoting understanding, tolerance and friendship among all groups in society, in accordance with article 7 of the Convention, and the importance of redoubling efforts to combat the structural racism lurking within all institutions of society, the Committee recommends that the State Party:

(a) Step up its efforts in the field of human rights education, ensuring that school, university and vocational training programmes include systematic and continuous training in human rights, the Convention and the fight against racial discrimination, racism and xenophobia;

(b) Develop and implement, in consultation with the communities most affected by racial discrimination, guidelines for combating structural and institutional racism;

(c) Take all measures necessary to ensure that school curricula at all levels cover the history, culture and contributions to society of the Garifuna, Maya, Xinka and Afrodescendent peoples;

(d) Establish mechanisms for dialogue with representatives of the Garifuna, Maya, Xinka and Afrodescendent peoples with a view to the establishment of institutions dedicated to the study and development of wide-ranging proposals and initiatives aimed at providing reparations for the historical injustices of colonialism and slavery.

D.Other recommendations

Ratification of other treaties

46.Bearing in mind the indivisibility of all human rights, the Committee encourages the State Party to consider ratifying those international human rights treaties that it has not yet ratified, such as the International Convention for the Protection of All Persons from Enforced Disappearance; the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. In addition, the Committee recommends that the State Party consider ratifying the Inter-American Convention against All Forms of Discrimination and Intolerance and the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.

Amendment to article 8 of the Convention

47. The Committee recommends that the State Party accept the amendment to article 8 (6) of the Convention adopted on 15 January 1992 at the fourteenth meeting of States Parties to the Convention and endorsed by the General Assembly in its resolution 47/111.

Declaration under article 14 of the Convention

48. The Committee encourages the State Party to make the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual communications.

Follow-up to the Durban Declaration and Programme of Action

49. In the light of its general recommendation No. 33 (2009) on follow-up to the Durban Review Conference, the Committee recommends that, when implementing the Convention in its domestic legal order, the State Party give effect to the Durban Declaration and Programme of Action, adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the outcome document of the Durban Review Conference, held in Geneva in April 2009. The Committee requests that the State Party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level.

International Decade for People of African Descent

50.The General Assembly, in its resolution 79/193, proclaimed the period 2025–2034 the Second International Decade for People of African Descent. It also decided to extend the programme of activities for the implementation of the International Decade, adopted in resolution 69/16, with a view to ensuring continuing efforts to promote respect for, protection and fulfilment of all human rights and fundamental freedoms of people of African descent. In view of these developments, the Committee recommends that the State Party implement the programme of activities in collaboration with people of African descent and include in its next periodic report information on the specific measures taken in this regard, bearing in mind the Committee ’ s general recommendation No. 34 (2011) on racial discrimination against people of African descent.

Consultations with civil society

51. The Committee recommends that the State Party continue consulting and increasing its dialogue with civil society organizations working in the area of human rights protection, in particular those working to combat racial discrimination, in connection with the preparation of the next periodic report and in follow-up to the present concluding observations.

Dissemination of information

52. The Committee recommends that the State Party ’ s reports be made readily available and accessible to the public at the time of their submission and that the concluding observations of the Committee with respect to those reports be similarly made available to all State bodies entrusted with the implementation of the Convention at the regional, departmental and municipal levels, and publicized on the website of the Ministry of Foreign Affairs in the official language and other commonly used languages, as appropriate.

Common core document

53. The Committee encourages the State Party to update its common core document, which dates from 2014, in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted at the fifth inter-committee meeting of the human rights treaty bodies held in June 2006. In the light of General Assembly resolution 68/268, the Committee urges the State Party to observe the limit of 42,400 words for such documents.

Paragraphs of particular importance

54. The Committee wishes to draw the attention of the State Party to the particular importance of the recommendations contained in paragraphs 9 (legal framework for combating racial discrimination), 31 (consultation and free, prior and informed consent) and 35 (Indigenous Peoples ’ lands and territories and evictions) herein and requests the State Party to provide detailed information in its next periodic report on the concrete measures taken to implement those recommendations.

Follow-up to concluding observations

55. In accordance with article 9 (1) of the Convention and rule 65 of its rules of procedure, the Committee requests the State Party to provide, within one year of the adoption of the present concluding observations, information on its implementation of the recommendations contained in paragraphs 13 (a), (b) and (d) (national action plans against racial discrimination) and 25 (a) (freedom of peaceful assembly and human rights defenders).

Preparation of the next periodic report

56. The Committee recommends that the State Party submit its combined twenty ‑ first to twenty-fourth periodic reports, as a single document, by 17 February 2030, taking into account the reporting guidelines adopted by the Committee during its seventy-first session and addressing all the points raised in the present concluding observations. In the light of General Assembly resolution 68/268, the Committee urges the State Party to observe the limit of 21,200 words for periodic reports.