A/HRC/8/38 Page 6 sacred lands, on which a law has already been implemented. The suspension of mining exploitation pending determination of whether it is harmful is underway. 23. On other matters, Guatemala has criminalized the offence of discrimination within the Criminal Code and complaints can be submitted to the Commission of Human Rights. The Government is looking at a law relating to clemency put forth by the president of the republic. The death penalty is under a moratorium and the 26 people condemned to death cannot be executed due to the processes involved with the Organization of American States. B. Interactive dialogue and responses by the State under review 24. During the ensuing interactive dialogue, statements were made by 44 delegations. Many delegations highlighted Guatemala's openness and cooperation with the Human Rights Council, the OHCHR Office in Guatemala and with various human rights mechanisms, including its open invitation to special procedures mandate holders. 25. Algeria noted Guatemala’s support of a special session of the Human Rights Council on the food crisis, which reflects Guatemala’s commitment to the right to food. It further noted Guatemala’s active role in promoting the rights of indigenous peoples. It noted that the Peace Agreements, including the Agreement on the Identity and Rights of Indigenous Peoples, have become binding on the State, and asked how the international community can assist Guatemala in implementing them. It commended Guatemala on putting an end to violent and repressive practices, and noted the benefits of the process toward democratization, recommending that the Council establish a subsidiary mechanism to review appropriate human rights responses for exit strategies from crisis situations. Algeria recommended that Guatemala continue to provide support to national human rights institutions and create new ones, if the need arises. 26. Mexico noted the Government’s commitment in the area of human rights and the prevention of juvenile violence. It requested more details on the structure and mandate of the CICIG and on its strategy to achieve its objectives, particularly as concerns combating groups that operate outside of the law. It recommended that, within the limits of its abilities, Guatemala advance toward the adoption of the national human rights policy and the NHRAP; that it recognize the competence of CERD; and that it ratify the Rome Statute of the International Criminal Court, the International Convention on the Protection of All Persons from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities. It also recommended that Guatemala amend the Criminal Code to bring it in line with international human rights norms, in relation to racial discrimination and gender issues. 27. India noted that the national human rights institution of Guatemala, the Ombudsman, enjoys “A” status with the International Co-ordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) and asked the delegation to share the recent experience of this institution, asking also whether measures were taken to further enhance its effectiveness. India also sought information on the Presidential Secretariat for Women and the Office for the Defence of Indigenous Women’s Rights. 28. Slovenia stated, inter alia, that it appreciated the efforts made by Guatemala for national reconciliation and development following the long period of armed conflict, and that the socioeconomic situation was making these efforts all the more difficult. It referred to concerns expressed by CERD and UNHCR about indigenous peoples’ rights including their lack of access to land, the lack of respect for their traditional lands, the concern of CERD about reports of obstructions to the use of traditional sacred sites by indigenous peoples and the concern expressed by CEDAW about the situation of indigenous women who are vulnerable to various forms of discrimination. Slovenia made four recommendations. Firstly, that Guatemala follows up on the relevant recommendations made by CERD and other human rights bodies and mechanisms towards enhancing de jure and de