IV. Measures to foster a culture of mutual respect and observance of human rights

IV.1. Culture of mutual respect

As reflected in the previous chapters of the Report, a culture of violence has developed in Guatemala, which has resulted in mistrust and a lack of respect among its people. This clearly needs to be transformed into a culture of tolerance and mutual respect.

The CEH believes that the Peace Accords are a basic foundation for the development of peaceful and tolerant relations between the various sectors of Guatemalan society. Consequently, the knowledge and assimilation of the past, the knowledge of the causes and the scope of the uncontrolled violence and, likewise, of the basic principles of respect for human rights, of the mechanisms for their defence and the peaceful solution of disputes are essential elements for the consolidation of a peaceful future.

The CEH believes that to achieve national harmony and reconciliation, a concerted effort at cultural change is required and that this can only be contemplated through an active policy of education for peace.

The relationship between the State and the indigenous population of Guatemala – particularly the Mayan people – has subsisted within an environment of racism, inequality and exclusion. As this can be considered to be one of the historical causes of the armed confrontation, measures guaranteeing the protection of the individual and collective rights of the indigenous population, the respect for cultural plurality and the promotion of intercultural relations become vital.

On this basis, the CEH recommends:

The dissemination and teaching of the contents of the Report

32. That the State, as a moral imperative and as a duty, embrace the contents of this Report and support all initiatives put into effect for its dissemination and promotion among all Guatemalans.

33. That, to this end, and in co-ordination with the organisations of civil society in Guatemala and particularly with indigenous and human rights organisations, the Government promote a campaign for the general dissemination of the Report, that takes into consideration the social, cultural and linguistic reality of Guatemala.

34. That, respecting the multilingual character of Guatemala, the Guatemalan Academy of Mayan Languages carry out the translation of the Report, with public financing, into the following languages:

• the entire Report should be translated into, and published in, at least five Mayan languages: k’iche, kaqchikel, mam, q’eqchi’ and ixil1; and,
• the Report’s conclusions and recommendations should be translated into the twenty-one Mayan languages and disseminated in both written and oral forms.

35. That the Government provide for and finance the translation of the Report’s conclusions and recommendations into garífuna and xinca.

36. That the curricula of primary, secondary and university level education include instruction on the causes, development and consequences of the armed confrontation and likewise of the content of the Peace Accords with the depth and method relevant to the particular level.

Education for a culture of mutual respect and peace

37. That the State, along with the national human rights non-governmental organisations, co-finance an educational campaign to promote a culture of mutual respect and peace, to be developed by the aforementioned non-governmental organisations and aimed at the country’s diverse political and social sectors. The said campaign should be based on principles such as democracy, tolerance, respect for human rights and on the use of dialogue as an instrument for the peaceful solution of disputes. Likewise, it should include the promotion of the development and free circulation of information, with particular emphasis on the content of the Universal Declaration of Human Rights and on the fundamental principle of peace.

38. That the Government, by means of the educational reform envisaged by the Peace Accords, foster an environment of tolerance and respect and promote self-awareness and awareness of the other, so that the dividing lines created by the ideological, political and cultural polarisation may be erased.

Request: considering the activities so far developed in this area in Guatemala, the CEH requests that the Organization of American States (OAS), through the Cultural Dialogue Programme: Development of Resources for the Construction of Peace (OAS/PROPAZ), lend its support and technical advice to the implementation of the recommendations regarding a culture of mutual respect. Likewise, considering its expertise and activity at the universal level, the Culture of Peace Programme of the Organisation of the United Nations for Education, Science and Culture (UNESCO) is requested to afford whatever assistance possible to this process.

IV.2. Observance of human rights

With the aim of strengthening a culture of mutual respect and observance of human rights and of effectively protecting those working for their defence, the CEH recommends:

Mechanisms for international protection

39. That the executive and legislative branches take all necessary steps to allow the Guatemalan State to ratify those international human rights instruments still pending, as well as the corresponding implementation mechanisms. The CEH particularly recommends giving priority to the following:

• International Convention on the Elimination of All Forms of Racial Discrimination, with recognition of the competence of the Committee for the Elimination of All Forms of Racial Discrimination to receive individual complaints.
• First optional Protocol to the International Covenant on Civil and Political Rights.
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, with recognition of the competence of the Committee against Torture to receive individual complaints.
• Additional Protocol of the American Convention on Human Rights for the Question of Economic, Cultural and Social Rights (“Protocol of San Salvador”).
• Inter-American Convention on Forced Disappearances.
• Statute of the International Criminal Tribunal.

International humanitarian law

40. That the Government take the necessary measures to fully incorporate into national legislation, the standards of international humanitarian law and that it regularly provide instruction regarding these norms to the personnel of state institutions, particularly the Army, who are responsible for respecting, and in turn engendering respect in others for said norms.

Human rights defenders

41. That the Government promote, with prior consultation the organisations for human rights, legislative measures specifically orientated towards the protection of human rights defenders.

Administrative measures related to public officials responsible for human rights violations

At the same time as reiterating the importance of the measures and commitments assumed by the signatories to the Comprehensive Agreement on Human Rights, and as a solely preventative rather than repressive or punitive measure, the CEH recommends:

42. That a commission should be established by the President of the Republic using his constitutional prerogative, to be under his immediate authority and supervision, and which will examine the conduct of the officers of the Army and of the various bodies of state security forces active during the period of the armed confrontation. Its purpose is to assess the adequacy of their conduct in the execution of their duties during the said period, in regard to the minimum standards established by the instruments of international human rights and humanitarian law.

43. That the said Commission be composed of three independent civilians of recognised honesty and irreproachable democratic trajectory.

44. That the aforementioned Commission should carry out its tasks by the procedure it deems most appropriate, but in any case should listen to the interested parties, bearing in mind the CEH’s Report and the personal record of the officers.

45. That consequently, and in view of the magnitude and severity of human rights abuses, administrative measures be adopted that take into account the content of the draft document “Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity” 2 of the United Nations Commission on Human Rights.

1 These five linguistic communities were affected most gravely during the armed confrontation. The first four are the most widely spoken languages in relation to the rest of the country’s Mayan languages.

2 E/CN.4/Sub.2/1997/20/Rev.1/Anexo II