Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C169

Observation

Direct Request

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Article 1 of the Convention. The Committee notes the information supplied by the Government concerning the social context in Guatemala and the indigenous population. The Committee requests the Government to provide information on the compilation of up-to-date statistical data disaggregated by ethnic group and sex for the persons covered by the Convention.

Articles 2, 6, 7 and 33. Noting that the Government has not sent any comments on this matter, the Committee requests the Government to clarify whether the Indigenous Advisory Council for the Offices of the President and Vice-President of the Republic is still active and indicate the manner in which indigenous representation is ensured in the Council. The Committee also requests the Government to provide information on the implementation of the agreements achieved in the context of the round tables for dialogue involving indigenous peoples.

Article 3. Discrimination. The Committee notes the training, awareness-raising and dissemination activities carried out by various state entities. The Committee requests the Government to continue to supply information on such activities and measures and in particular on their impact in practice. The Committee also requests the Government to state whether any complaints of discrimination against indigenous peoples have been made and which entities examine such complaints, and to indicate the result of legal proceedings instituted in this respect.

Article 4. Undocumented indigenous persons. The Committee asks the Government whether there are any surveys or estimates indicating the number of indigenous persons who are still undocumented and the measures planned for resolving this issue.

Lands. Agrarian policy. The Committee requests the Government to supply information on the following points:

(i) the manner in which the indigenous lands referred to in section 45 of Act No. 24-99 relating to the land fund (FONTIERRA) are determined so as to ensure that indigenous lands are excluded from its scope of application; and
(ii) the manner in which FONTIERRA applies Article 14(1) and (2) of the Convention in certain cases involving the regularization of land tenure.

Disputes. The Committee refers to its previous comments and to the comments made in this year’s observation concerning protection of the land rights of indigenous peoples.

Article 20. Recruitment and employment conditions. In its previous observation, the Committee referred to the situation of certain workers on estates (fincas) who were not being paid for the work they had done. The Committee requests the Government to provide information on the measures taken to ensure that indigenous workers, including seasonal, temporary and migrant workers employed in agriculture, are not subject to recruitment and conditions of work that are exploitative and abusive. The Committee requests the Government to provide information on the measures taken by the public authorities, particularly the labour inspectorate, to ensure the effective protection of the labour rights of indigenous peoples.