United Nations Verification Mission in Guatemala

“ The timetable for 2000-2004 is a new challenge for the peace process. Decisive support for its implementation must spur the actions of government institutions, civil society and the international community. The United Nations once again expresses its wholehearted commitment to the Guatemalan peace process. Technical cooperation to support the institutions created under the peace process must continue and be expanded. All those institutions need strengthening, especially those in the country’s interior, where the effects of peace need to be more visible and generate more participation. ”

“ On a number of occasions, I have emphasized how important it is that the State mobilize domestic resources to confront the challenges of human development, State modernization and sustainable productive development. Recently, the Congress of the Republic adopted a set of legislative amendments aimed at meeting the target rescheduled for 2002, of a tax burden of 12 per cent of gross domestic product. These amendments include increasing the value added tax and amending the Penal Code, the Code of Criminal Procedure and the Tax Code in order to penalize tax evasion. ”

“ At the national level, major forums for participation have emerged in connection with the design of some very specific public policies, such as fiscal policy and policies on educational reform, the advancement and development of women, culture and housing. However, the commitments to establish institutional mechanisms for social participation and to strengthen and properly reactivate existing ones such as the development councils have not been fulfilled. Such commitments will enable new forms of public oversight to be developed and will promote transparency in Government decision-making. ”

“ At the same time, the failure to institutionalize the forums for indigenous peoples’ participation at the municipal and departmental levels, combined with their limited involvement in decision-making, is increasing their marginalization. It is important to make progress in the recognition and institutionalization of indigenous peoples’ forms of organization. Another key aspect is the removal of obstacles to the promotion of political participation, including access to documentation and the decentralization of voting centres. ”

“ Greater and more rapid progress must be made in reforming the system of justice so that it serves the protection of human rights and the resolution of conflicts. To that end, it is essential to implement the recommendations of the Commission on the Strengthening of the Justice System and the Special Rapporteur on the independence of judges and lawyers. ”

“ The new Human Rights and Justice section will be responsible for verifying compliance with all the commitments made under the Comprehensive Agreement on Human Rights with regard to the administration of justice, such as guaranteeing that judges and prosecutors will be free from pressures of any kind, that due process will be enforced and that the duty to investigate and punish crimes and human rights violations will be fulfilled. ”

“ Of the planned special units on cross-cutting themes — participation, indigenous affairs, women and decentralization — in the end only the women’s unit and the indigenous affairs unit were set up. The women’s unit will cease to function and its monitoring and institution-building tasks will be transferred to the United Nations system. ”

“ Early in the year, in view of the standstill in the implementation of the commitments made in the peace agreements, the Follow-up Commission defined a reactivation strategy which involved preparing and presenting priority agendas for the main sectors of State activity with a view to the implementation in 2001 of important pending commitments. As indicated by the parties, the peace agreements contain a broad range of commitments whose main components are: resettlement, integration and compensation; comprehensive human development; sustainable development of production ”

“ Accordingly, it is also necessary to expand access to the media, especially for indigenous people, avoid media concentration and monopolies and safeguard the public’s right to receive objective, unbiased information. ”

“ The Public Information Office will continue its current functions but pay more attention to the need to provide information on the peace process to rural areas and to the indigenous population in particular. ”

“ An evaluation of progress in the areas of security, police reform and transformation of the role of the armed forces shows that the fulfilment of these commitments is confronted with the challenges of a society in transition. ”

“ Since 2000, there has been a significant increase in complaints of harassment and threats directed against individuals and entities working for the protection of human rights, as well as judicial officials and other persons involved in judicial proceedings. ”

“ Such threats and harassment, which are also directed against the press and journalists, are often related to the investigation and trial of individuals with past or present ties to the State, suggesting that they may form part of a systematic campaign of intimidation. ”

“ The main concern was that this would affects its ability to provide good offices in a continuing climate of heightened conflict.
32. During the period 2002-2003, the Mission will have to meet new challenges: signs that the human rights situation is not improving and in some cases has deteriorated; the growing climate of conflict in the country’s interior; the need to give priority to verifying and promoting compliance with the Agreement on Identity and Rights of Indigenous Peoples ”

“ Under the circumstances and in response to the justified concerns expressed by various sectors, I propose that the reduction envisaged for 2002 should not affect or alter the territorial deployment planned for 2001 and that all the mobile teams envisaged should be put into operation. ”

“ By resolution 55/177, the General Assembly renewed the mandate of MINUGUA from 1 January to 31 December 2001 and requested me to submit to it at its fifty-sixth session an updated report and recommendations regarding the continuation of the peace-building phase after 31 December 2001. ”