A/HRC/8/38
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measures were taken to address this problem and provide security to these vulnerable persons. The
United States of America recommended that, to combat impunity, the Government take all
necessary steps to provide for and ensure the personal security of human rights defenders,
witnesses, court officials, prosecutors and others who are subject to threats and other abuses
connected with their efforts to support human rights and democracy.
60.
Denmark noted that Guatemala faced serious problems with social exclusion, extreme
poverty, unreasonable work conditions and the high illiteracy rate. It also expressed concern on
indigenous peoples’ rights and the economic social and cultural conditions and discrimination
affecting them worst. Denmark recommended that Guatemala look at further measures to ensure the
protection of its citizens’ economic, social and cultural rights. It also recommended that Guatemala
pay particular attention to ensuring the protection of indigenous peoples’ rights. In that context, the
Government must ensure the right of indigenous peoples to be heard before their traditional lands
are exploited.
61.
Finland acknowledged Guatemala’s commitments to protect and promote the rights of
indigenous peoples. As CERD noted in March 2006, discrimination against indigenous people
continued, inter alia, in access to justice, in the media’s display of contemptuous attitudes and
rejection. It asked about recent and concrete measures taken on indigenous peoples’ rights and
recommended that Guatemala strengthen its efforts to fully implement the concluding observations
adopted by CERD, as well as other relevant concluding observations adopted by other treaty bodies.
62.
Australia congratulated Guatemala, inter alia, on its promotion of indigenous peoples’ rights
internationally. Australia noted with concern reports by the Special Representative of the SecretaryGeneral that the number and intensity of attacks against human rights defenders had increased
significantly, and referred to the reports of the Special Rapporteur on extrajudicial, summary and
arbitrary executions that a number of violent phenomena afflict Guatemala, including the killing of
women and persons for their sexual identity or orientation. Australia recommended that the
Government ensure that reports of killings, threats, attacks and acts of intimidation against human
rights defenders are thoroughly and promptly investigated and those responsible brought to justice.
It also recommended to the Government to ensure the effective and independent investigations into
all reports of torture and extrajudicial executions by members of the security forces.
63.
Ukraine expressed concern at reports of increasing acts of harassment and persecution of
human rights defenders and at impunity for such acts, asked about measures taken to prevent
attacks against human rights defenders, and recommended that the Government adopt effective
measures to strengthen and guarantee the independence of the Unit for the protection of human
rights defenders within the Presidential Commission for Human Rights, and to protect human rights
defenders from any further violence.
64.
Switzerland highlighted that impunity remains a persistent problem, and that 98 per cent of
crimes remain unpunished. It welcomed CICIG and asked if it was operational, how it cooperated
with the Office of the Prosecutor and what was expected from it. It noted that certain crimes
committed during the conflict such as genocide, torture and enforced disappearances, have still not
been fully investigated. It recommended that better police protection be afforded to judges,
investigators and witnesses. Noting that the situation of indigenous peoples, and in particular
women and children, remains a source of concern and asking about measures envisaged to improve
it, Switzerland recommended that Guatemala commit itself to improving the situation of indigenous
children, in particular as concerns ill-treatment, trafficking, child labour, illegal adoptions and
difficulty in accessing schools and health-care services and that Guatemala take all necessary
measures to reduce illiteracy rates, in particular among women. It further recommended that a law
be developed that would criminalize discrimination based on social origin, racial hatred and acts of
violence against indigenous; that the national human rights commission commit itself fully to the
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