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Guatemala : Indicators

2011 > 20 Key Indicators > Legal Recognition of Customary and Traditional Rights

Even though the State of Guatemala is obliged to recognise customary rights due the Peace Accords signed in 1996, by means of the Agreement on Identity and Rights of the Indigenous Peoples, and even though these rights are recognised in the Constitution and in the Municipal Code, there is no specific recognition of them in forest laws or norms. Furthermore, there is a lack of compliance with the Peace Accords which affects the recognition of customary rights provided for in the constitution and other laws. The progress report on the 2010 Peace Agreements by the Secretariat of Peace (http://www.sepaz.gob.gt/documentacion/descarga-publicaciones) states that although a series of institutions have been created which, in theory, should guarantee the rights of the indigenous peoples (and their customary rights), in fact there are a series of financial and legal obstacles that prevent this recognition. On the financial issue assigned to this task, the report states that “the concentration of financial resources in the state institutions dealing with generalised demands” reflects “the direction of state policies, where indigenous peoples (and women in particular) are still not visible in the distribution of the budget.” On the subject of access to justice for indigenous peoples, the report states that this topic has seen no progress, concluding that such failures “create a complex and adverse scenario for implementation and compliance.”
Title Agreement on Identity and Rights of Indigenous Peoples
Organisation Secretariat of the Peace
Date 1996
Source http://www.sepaz.gob.gt/#
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