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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