United Nations CERD/C/SR.1981 International Convention on Distr.: General 3 March 2010 the Elimination of All Forms of Racial Discrimination Original: English Committee on the Elimination of Racial Discrimination Seventy-sixth session Summary record of the 1981st meeting Held at the Palais Wilson, Geneva, on Friday, 19 February 2010, at 3 p.m. Chairperson: Mr. Kemal Contents Consideration of reports, comments and information submitted by States parties under article 9 of the Convention (continued) Twelfth and thirteenth periodic reports of Guatemala This record is subject to correction. Corrections should be submitted in one of the working languages. They should be set forth in a memorandum and also incorporated in a copy of the record. They should be sent within one week of the date of this document to the Editing Unit, room E.4108, Palais des Nations, Geneva. Any corrections to the records of the public meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session. GE.10-40787 (E) 030310 CERD/C/SR.1981 The meeting was called to order at 3.05 p.m. Consideration of reports, comments and information submitted by States parties under article 9 of the Convention (continued) Twelfth and thirteenth periodic reports of Guatemala (CERD/C/GTM/12-13; CERD/C/GTM/Q/12-13 and Add.1) 1. At the invitation of the Chairperson, the members of the delegation of Guatemala took places at the Committee table. 2. Mr. Pira (Guatemala) said his Government recognized that racial discrimination continued to affect the population on a daily basis, particularly members of the Mayan, Garífuna and Xinca communities. Despite the considerable challenges it faced, however, it was committed to working towards the elimination of all forms of racial segregation and discrimination. 3. Mr. Curruchich (Guatemala), introducing his country’s combined twelfth and thirteenth periodic reports (CERD/C/GTM/12-13), said that while the data collected on indigenous peoples were not completely accurate, recent figures showed that the Garífuna community consisted of some 6,100 individuals (0.4 per cent of the total population), the Xinca about 17,850 (0.13 per cent), and the Ladino approximately 8 million (58 per cent). About 0.5 per cent of the population was composed of people who had acquired Guatemalan nationality, and the remainder was made up of peoples of Mayan descent. 4. Replying to question 2 of the list of issues (CERD/C/GTM/Q/12-13), he said that the Government had not conducted any research into the Guatemalan population’s knowledge of the Garífuna people. However, two awareness-raising campaigns had been run on the rights of the indigenous peoples, and indigenous women in particular. The Office for the Defence of Indigenous Women’s Rights and the Presidential Commission on Discrimination and Racism against Indigenous Peoples in Guatemala (CODISRA) had coordinated the campaigns in cooperation with the Office of the United Nations High Commissioner for Human Rights. The Ministry of Culture and Sport had studied and promoted several aspects of the Garífuna culture, as had the tourist authorities. The Garífuna people were represented in several national institutions and ministries, and 26 November had been declared “Garífuna national day” by Legislative Decree No. 83 of 1996. 5. Turning to question 3, he said that Decree No. 52 of 2005, the Framework Law for the Peace Agreements, included the establishment of a national council for the implementation of the Agreements, which had made several recommendations, including the establishment of the Mayan University. The Secretariat for Peace was responsible for monitoring implementation, but was assisted by several bodies in that task. The Secretariat’s 2009 report included a section on the Agreement on Identity and Rights of Indigenous Peoples. Public spending in the areas of the country with a majority indigenous population had increased in 2009. 6. In reply to question 5, he said that CODISRA had been set up under the “Public policy for coexistence and the elimination of racism and racial discrimination”. Owing to the financial crisis, it had been necessary to focus on 22 of the 120 measures contemplated under the policy. The 22 areas currently being prioritized at the municipal level aimed to eliminate racism within the legal system, economic racism and institutional racism and to provide training for the prevention of racism. In addition to the implementation of the Peace Agreements, a further 13 policies focused on indigenous communities. Furthermore, Government Agreement No. 22-04 provided for the general application of intercultural bilingual education at the national level. A total of six institutional mechanisms were working to uphold the rights of indigenous communities. The Ministry of Public Health and 2 GE.10-40787 CERD/C/SR.1981 Social Assistance had set up a health unit for those communities and steps were being taken to improve data collection on indigenous groups. 7. Responding to question 7, he said that since the Cadastral Information Registry Act had been passed in 2005, efforts had been made to ensure that, in all its radio, television and printed communications, the Registry was sensitive to ethnicity, culture, language and gender and did not perpetuate any prejudices in relation to land registration. Other legislative measures that prioritized the rights of indigenous communities included the Food and Nutritional Security System Act and the Framework Law for the Peace Agreements. In addition, several bills were currently under consideration on questions such as indigenous jurisdiction, sacred sites, the rights of indigenous peoples, consultation with indigenous peoples, recognition of the Committee’s competence, mining, and the prevention, elimination and prohibition of racism and racial discrimination against indigenous peoples. While there was not currently any specific legislation establishing the offence of racial discrimination, discrimination was an offence under article 202 bis of the Criminal Code. By the end of 2009, the Attorney General’s Office had received 412 complaints of discrimination and racism. Four charges had been brought, resulting in one acquittal and three convictions. 8. In reply to question 10, he said that over the period 2007 to 2011, 9 per cent of deputies in the Congress of the Republic were indigenous, as were 39 per cent of mayors. Indigenous individuals currently held the following posts: 1 minister, 2 female and 2 male vice-ministers, 1 out of a total of 13 undersecretaries, 1 roving ambassador responsible for indigenous affairs at the international level, members of Councils of Elders for indigenous affairs, and 1 departmental governor. More indigenous people had registered to vote since the increase in the number of rural constituencies. The number of political parties and civil society organizations with majority indigenous participation had also increased. 9. As to economic, social and cultural rights, he said that there had been over 6,600 complaints from people working in assembly plants in recent years, some 624 of which had been from indigenous people. A total of 197 of the complaints had been resolved through conciliation, and the Government had established an inspection unit to monitor the industry. It had also developed a national housing strategy for the period 2008 to 2011, which should see the construction of 200,000 dwellings. 10. Turning to question 11, he said that 75 per cent of land awarded by the Land Fund between 2004 and 2008 had been to indigenous communities. Some 1,788 families had benefited from such awards in 2008. The Government had allocated funds to resolving land disputes, and the Land Fund had financed 50,000 loans for indigenous communities to rent land in 2010. The Cadastral Information Registry Act included provisions on land belonging to indigenous peoples, and several proposals had been made on incorporating the right to consultations with indigenous communities prior to the issuance of mining licences. The current Government would not grant any licences until the Mining Act had been reformed. There were currently 136 licences for prospecting and 262 for actual mining. Some 390 applications for licences were pending. 11. Between 2005 and 2008, about 24,000 people had been granted compensation for damage suffered during the armed conflict. Compensation had been in the form of money, study scholarships, social services, measures to preserve historical memory, burial, exhumations, restitution of housing and psychosocial services. 12. Replying to question 16, he said that the San José MINCESA company had not begun construction in San Juan Sacatepéquez. In a ruling of 21 December 2009, the Constitutional Court had urged the Government to introduce legislation on the right to consultation in such cases. It also granted amparo to indigenous people who applied for it and ordered the municipal council concerned to ensure effective consultations took place GE.10-40787 3 CERD/C/SR.1981 and to communicate the results to the Government. The environmental impact study had revealed that some social aspects required further attention. 13. With regard to the right to health, provision had been made for increases in human resources, equipment and infrastructure in support of a three-tiered health-care system. Health-care programmes with a multicultural focus were also being implemented. As a result, the proportion of deaths attributable to transmissible diseases had declined from 76 per cent to 62 per cent of all deaths recorded. Special action was also being taken to reduce maternal and child mortality rates. Ministerial Agreement No. 1632 of 2009 provided support for the traditional and alternative medicine programme, the mapping of therapists, access to culturally and linguistically appropriate staff and services, an assembly involving indigenous peoples’ organizations, and enhancement of the skills of 1,000 midwives in the departments of Totonicapán, Chimaltenango, Baja Verapaz, Quetzaltenango and Quiché.