A/HRC/43/3/Add.1 notaries and private property registries. The court ordered that the land be returned to the peasant communities;44 (b) The case of Abelino Chub (para. 25). High-Risk Court A acquitted a criminalized human rights defender and questioned the use of criminal law (charges of the crime of aggregated trespassing) to “address” social conflicts related to the ownership of lands. 45 58. The exploitation of natural resources continued in indigenous lands, without adequate consultation with the communities concerned, thereby affecting the rights of indigenous peoples to lands and territories, as well as their traditional forms of collective life and social organization. Delays continued in the compliance by the Government with judgments of the Constitutional Court regarding consultation in the Ixil region (2016 case involving electricity generation and power lines) (A/HRC/31/3/Add.1, para. 25) and the Xinca region (2018 case involving the San Rafael mine) (A/HRC/40/3/Add.1, para. 60). B. Poverty and right to housing 59. Despite an estimated 3.3 per cent GDP growth in 2019, 46 6 out of 10 people in Guatemala experience multidimensional poverty, 47 mostly affecting indigenous peoples and rural communities. Indicators from the 2018 census confirm pervasive poverty and inequality, notably with regard to living conditions, housing, and school attendance (see table 2). These indicators underscore the pressing need for an inclusive development model, respectful of human rights, especially for indigenous peoples and peasants, in line with Sustainable Development Goals 1, 2, 3, 6 and 10. Table 2 Results of 2018 census with regard to living conditions, housing and school attendance Average percentage of the population with accessa Average percentage in departments with high indigenous populationsb School attendance above the age of 7 29 22.5 Houses with concrete roofs 23 15 Ceramic or cement floor in housing 34 9.6 Water connection in the house 59 41.7 Houses connected to a drainage network 45 30.4 Houses connected to electricity 88 77.2 Rights and conditions of enjoyment a National statistical institute, 2018 census. Available at censopoblacion.gt (in Spanish). Ibid. These indicators concern the departments with the highest indigenous populations, namely Huehuetenango, Alta Verapaz, Totonicapán, Quiché and Chimaltenango. b C. Rights to food and water 60. After a reduction in acute malnutrition in children under 5 years old over the past several years, OHCHR is very concerned that the rate increased by 22 per cent in 2019 as compared with 2018.48 In 2019, malnutrition affected 15,322 children aged up to 5 years and caused 77 reported deaths,49 mainly of children aged 6 months to 2 years. This was despite 44 45 46 47 48 49 cicig.org/casos/caso-genesis-a-prision-preventiva-siete-integrantes-de-organizacion-criminal (in Spanish). Judgment C-18002-2016-00328 OF, 3° Tribunal Primero de Sentencia Penal, Narcoactividad y delitos contra el Ambiente, pp. 96–97, 26 April 2019. banguat.gob.gt/cuentasnac/2T_2019_JM.pdf (in Spanish). mides.gob.gt/webtwo/wp-content/uploads/2019/07/Guatemala-Report-IPM-gt_29jul19-v1.1.pdf (in Spanish), pp. 4 and 26. apps.siinsan.gob.gt/salasituacional/archivos_subidos/201941EPI_25_10_2019_9_14_8.pdf (in Spanish). siinsan.gob.gt/siinsan/situacion-san (in Spanish). 11

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