Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Guatemala (Ratification: 1996)

1. The Committee notes with interest the Government's first report referring to deliberations under way on the concrete implementation of the peace accord, and in particular the Agreement on the Identity and Rights of the Indigenous Peoples. It notes that this work is under way with the assistance, among others, of the International Labour Office. The Committee notes, however, that it does not contain detailed information on most of the Articles of the Convention. The Committee is therefore raising at this point only some of the most urgent issues, and hopes to carry out a more detailed examination when it receives a more detailed report on the measures taken or contemplated to implement the Convention.

2. Article 1 of the Convention. The Committee notes that the groups covered by the Convention are those of Maya, Garifuna and Xinca descent, and that they number some 5 million in the country.

3. Articles 4 to 7. The Committee notes that the Joint Committee for Reform and Participation created under the Agreement has within its mandate to study the status and legal capacity of indigenous communities and their authorities, as well as customary law and measures for the defence of their interests, as well as obligatory consultation mechanisms and institutional forms for individual and collective participation in decision-making. As these questions are at the core of the Convention's philosophy, the Committee looks forward with interest to the recommendations of the Joint Committee and the manner in which they are implemented by the Government. Please indicate in the next report any progress achieved in this regard, and if possible send copies of any reports this Joint Committee may have issued, and of any consultation mechanisms put into place as provided for in the Convention.

4. Articles 8 to 12. The Committee notes that the Government is examining the ways in which the customary legal systems of these peoples can be taken into account by the national judicial system, in the different ways covered by these Articles. Since this is an extremely important element both of the application of the Convention and of the implementation of the peace agreement, the Committee would be grateful if the Government would communicate with its next report any results so far achieved in this regard.

5. Articles 13 to 19. The Committee notes from the brief information provided under these Articles that a Joint Committee on the Land Rights of Indigenous Peoples and an Institutional Commission for the Development and Strengthening of Land Rights have been created, and they are drafting legislation and a programme of action on the question of indigenous land rights. It notes with interest the segment of the global peace agreement entitled "Agreement on Socio-economic Aspects and the Rural Situation", which will also affect the implementation of these Articles. In view of the importance of this issue to the consolidation of the peace process, the Committee hopes that this process will move as quickly as possible, and awaits with interest the results of these examinations.

6. Article 25. The Committee notes with interest the detailed information provided on health facilities available for the indigenous peoples of the country.

7. Article 26. The Committee notes also the detailed information on education facilities, as well as the fact that a Joint Committee on Educational Reform has been created under the peace agreement. It looks forward to receiving updated information in this regard with future reports.