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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Agreement on the Identity and Rights of Indigenous Peoples
Record 289

Country :

Guatemala

Agreement Title/Name:
Agreement on the Identity and Rights of Indigenous Peoples
Year :
1995
Date Signed :

31 March 1995

Summary :

Outlined wide-ranging commitments to recognise the identity of indigenous peoples, to eliminate discrimination against them, and to guarantee their cultural, civil, political, economic and social rights. Provided for establishment of three joint commissions on education reform, participation and on rights relating to land with equal numbers of Government and indigenous peoples representatives. Also provided for establishment of two commissions to address granting of official status of indigenous languages and definition and preservation of sacred areas.


Parties :
Govt of Guatemala, URNG
Third Parties :
Statehood/Identity :
IV.C. Regionalization: govt commits to regionalize the admin of educational, health and cultural services of the indigenous peoples on the basis of linguistic criteria, with the effective participation of community reps; D. Participation at all levels: govt commits to insititutionalise rep of indigenous peoples at every level of decision-making, and to establish a joint commission to recommend the best way to do this; E. govt commits to promote through legislation the rights of indigenous communities to manage their own internal affairs (i.e. recognition of customary law)
Governance/Democratic Inst :
Not Applicable
Women :
II. B. Rights of Indigenous Women
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
II.B.1 (b) establish Office for the Defence of Indigenous Women's Rights; the commission on education reform referred to in part III, section G, paragraph 5, the commission on reform and participation referred to in part IV, section D, paragraph 4, and the commission on rights relating to land of the indigenous peoples referred to in part IV, section F, paragraph 10,- part V. sets out composition and functioning of these commissions
Human Rights Framework :
II.B.1. (c) commitment to implement CEDAW; II.C. International Instruments: Convention on the Penal Code, ICERD, Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No. 169), draft Declaration on the rights of indigenous peoples; III. Cultural Rights: govt commits to necessary legislative and admin measures to promote culture of indigenous peoples (language; names, surnames, place names; spirituality; temples, ceremonial centres and holy places; use of indigenous dress; science and technology; education reform; mass media) ; VII. HR legislation, conventions and treaties mentioned in the agreement shall have immediate effect, and be subject to verification of MINUGUA
Judicial Reform :
Not Applicable
Policing :
Not Applicable
Refugees/Land :
IV. F. commitment to legal recognition of rights relating to land of the indigenous peoples- both communal and individual tenure- and the use of natural resources; 7. restitution of communal lands and compensation for rights; IV.F.10 commission on rights relating to land of the indigenous peoples
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
III.A.2.(g) establish officialization commission to grant official status to indigenous languages; I.4. & IV.A. commitment to reform of Guatemalan Constitution; II.A.2.(b) reform of legislation; IV.B.4. Reform of the municipal code; III.G. commitment to significant educational reform, with (5.) joint commission established to design such reform; IV.D.4 joint commission to recommend reform on participation of indigenous peoples at every level of decision-making; IV.F.10 commission on rights relating to land of the indigenous peoples; V.Joint Commissions: composition and finctionings of the above commissions; VII. UNSG requested to undertake verification of implementation, HR legislation, conventions and treaties mentioned in the agreement shall have immediate effect, and be subject to verification of MINUGUA
International Community :
VII.4 int'l financial cooperation requested to fund translation and dissemination of the agreement
UN Involvement :
signatory; UNSG to verify implementation
Source :
USIP


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