United Nations Verification Mission in Guatemala

“ The peace process cannot prosper if it is starved of funds or if the priorities of the peace agreements are not reflected in the national budget. Efforts to increase the tax base, within a framework of transparency, should be supported by the private sector and society in general. Allocations of State resources should give priority to the peace agreements, taking into account growing demands for social services and present economic growth rates. ”

“ Reforms to Development Councils have opened up new ways for women’s organizations to participate at the national, regional and departmental level. The Presidential Secretariat for Women was established to ensure that public policies are consistent with gender-focused guidelines, but its budget was insufficient to fully carry out its mandate. A coalition of women’s groups and other civil society organizations prepared a draft law that instils a gender perspective into the Labour Code, but this was not acted upon in the Congress. ”

“ Guatemala has still not recognized the competence of the United Nations Committee on the Elimination of Racial Discrimination to receive individual complaints. Particularly disappointing for indigenous organizations was the lack of interest by Congress in adopting legislation to codify the crime of sexual harassment and to impose higher penalties when the victim is indigenous. The Office for the Defence of Indigenous Women’s Rights, created under the peace agreements, still lacks a sufficient budget to effectively expand its coverage into the interior of the country. ”

“ Progress in rural development is central for overcoming the structural causes of the armed conflict. All sectors should participate in discussions aimed at developing long-term State policies that are responsive to the nation’s diversity. The Government should also commit human and material resources to the fulfilment of legal commitments in respect of land and rural development, mainly through the formulation of a law on agrarian and environmental jurisdiction and the reforms to establish compensation mechanisms in matters of land disputes. ”

“ A long-term commitment is needed to strengthen State institutions of the justice system, including the police, the courts, the Public Prosecutor’s Office and prisons, in addition to the Office of the Human Rights Ombudsman. Human rights policies should be formulated in consultation with civil society organizations, which implies the added challenge of breaking the cycles of mistrust that have made dialogue difficult. ”

“ A major factor behind the budgetary shortages is Guatemala’s continuing failure to increase tax revenues to the target of 12 per cent of gross domestic product as established in the peace accords. Although there was notable improvement in tax collection and administration, the tax base increased to only 10.5 per cent of gross domestic product in 2002, and current projections indicate that the amount will not surpass 10.7 per cent for 2003. Responsibility for the low revenues was not the Government’s alone; the organized private sector maintained its stiff resistance to tax increases. ”

“ Under the Agreement on Social and Economic Aspects and the Agrarian Situation, the Government should promote rural development and overcome the vast social inequalities in Guatemala, where more than half of the population lives in poverty, and at least 15 per cent in extreme poverty. Progress in this area was hindered by inadequate resources for relevant institutions and lack of progress on key legislation. ”

“ Bold steps need to be taken in the area of demilitarization and the strengthening of civilian power. The transformation of the armed forces requires their full subordination to civilian authority and a structure, force level, doctrine and deployment consistent with a democratic society in peacetime. ”

“ There were few advances in promoting access to the justice system by indigenous peoples in their own languages, whether through a system of interpreters or the recruitment of judges, prosecutors and other officials who speak indigenous languages. ”

“ A package of laws on Development Councils, the Municipal Code and decentralization have opened up new possibilities for broader social participation in development planning at the local level, particularly by groups who were traditionally excluded, such as women and indigenous people. ”

“ Prison reform efforts made little progress, notwithstanding three major riots that underscored the lawlessness, overcrowding and corruption that plague the system. Congress has failed to act on penitentiary reform legislation, and authorities have so far eschewed a thorough examination of the budgetary and administrative roots of these problems. The recommendations of a Consultative Commission on the penitentiary system have yet to be implemented.
32. The safety of judges is vital for judicial independence; measures to protect them, however, have had limited impact. ”

“ The lack of a rural development policy and the limited access of those living in remote areas to basic services continued to curtail the full and productive reintegration of demobilized URNG members into society. ”

“ The private sector systematically opposed Government efforts to raise revenues, with its Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations successfully filing numerous constitutional challenges to tax increases. ”

“ Advances in consolidating civilian institutions and reshaping the military within a democratic institutional framework have continued to be slow, despite progress towards dissolving the Presidential General Staff and redeploying the military according to national defence criteria rather than internal security considerations. ”

“ The Under-Secretary-General for Political Affairs, Kieran Prendergast, visited Guatemala from 4 to 8 July 2003 to review MINUGUA’s transition plans and meet with President Portillo and high Government officials, electoral authorities and leaders of civil society. The Under-Secretary-General underlined the need to intensify national efforts to implement the peace agreements and to hold credible and transparent elections. He also emphasized rule of law and broader political participation as keys to Guatemala’s future. ”

“ Great challenges require great efforts, and although the present report documents some important progress and many reasons to remain optimistic, it is also a reminder that more substantial efforts are needed. ”

“ Peasant organizations undertook massive protests to demand land and a Government response to the crisis affecting the coffee market, with its resulting negative impact on the livelihood of many rural poor. ”