A/HRC/22/8
discrimination and exclusion. Those Guatemalan realities, disregarded by some States and
by some Guatemalans people, were the guiding framework of the three national pacts,
which prioritized the Government’s objectives, and of the proposed legal and institutional
reform, which included a constitutional reform that incorporated fundamental changes,
necessary for a new Guatemala, democratic and inclusive. Two reforms derived from the
peace agreements. The first one referred to the multi-ethnic, multicultural and multilingual
character of the nation, recognizing the identity as peoples of indigenous nationals and their
related rights, such as the recognition of their languages as official languages, thus enabling
the end of discrimination and exclusion. The second reform was aimed at establishing
limitations to the Army’s functions in internal security, as temporary and extraordinary
support to the civilian Security Forces, under the command of the civil authority. The Army
would submit a report to the civil authority at the end of the mission.
9.
The Constitutional Reform also contemplated reforming the system of election of
parliamentary representatives and electoral districts to enhance Congress’
representativeness and legitimacy; to separate the administrative and jurisdictional
functions of the judiciary; to create a judicial career including judges of superior courts now
elected by Congress; and to increase the budget of the judiciary, the Public Prosecutor’s
Office and the General Comptroller’s Office, and budget allocations to municipalities.
10.
In conformity with the Esquipulas agreements, the Government and the four
guerrilla fronts had negotiated an amnesty, with the participation of the United Nations and
the support of the Group of Countries, friends of the peace process. The amnesty had been
enacted as law by a legitimate Congress, democratically elected. That reality had also been
disregarded.
11.
Aware of the need to end the conflict, while at the same time aware of reluctance
from victims, the Government and the guerrilla conditioned the amnesty to a report on the
historical truth, without judicial effects. The report was drafted by a commission composed
of notable national and international members, without the Government’s participation. The
amnesty was also conditioned to a National Programme of Reparation for the Victims.
12.
Historical truth and reparation were – for the Government of Guatemala – the key
elements of reconciliation, and the possible extent of post-conflict justice. To end the
conflict, the amnesty was required. Although not acceptable to everybody, it was necessary
to lay down arms and avoid further death and destruction.
13.
The judicial processes that had been initiated to challenge the amnesty, prevented or
made it impossible to carry out investigations and record testimonies. The historical truth
needed to be reached in order that adequate reparation could be granted and reconciliation
reached. The Government expected the superior courts of Guatemala to settle the debate on
the legal effects and scope of the amnesty soon, in order to facilitate reconciliation
processes.
14.
It should also be taken into account that the democratic transition had resulted in an
enormous number of human rights institutions that had not been efficient, owing to their
dispersion and lack of coordination. The Presidential Human Rights Commission and the
Peace Secretary maintained structures and functions created on the basis of the armed
conflict, which did not adequately coordinate with human rights offices within other
ministries and secretaries. The Government was committed, and had assumed a pledge
before the Human Rights Council to the effect, to redesigning the human rights institutional
system of Guatemala. In that regard, it had requested assistance from OHCHR-Guatemala.
15.
Guatemala had ratified the Rome Statute to the International Criminal Court (ICC)
and the Convention on the Rights of Persons with Disabilities, and enacted the law creating
the national mechanism to prevent torture.
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