UN rights body rules Guatemala failed displaced Mayan Peoples

The landmark decision, announced on Thursday, also considered the harm caused to succeeding generations.

“Forced displacement is permanent in nature until the victims benefit from a safe and dignified return to their place of habitual residence or are voluntarily resettled elsewhere,” said Committee member Hélène Tigroudja.

Conflict, displacement and violations

The Committee found that the 269 members of the K’iche’, Ixil and Kaqchikel Mayan Indigenous Peoples were violently uprooted from their traditional lands and forced to seek refuge in the capital, Guatemala City, in violation of the International Covenant on Civil and Political Rights (ICCPR).

They were forcibly displaced during “scorched earth” operations amid internal armed conflict in the 1980s.

Mayan leaders approached the Committee in 2021, claiming their rights under the UN treaty were violated.

Although they had reached a settlement with the Government and agreed on several reparation measures under the 2011 National Compensation Programme – which foresaw, in particular, the resettlement and construction of alternative housing – it was never implemented.

‘Stripped of cultural identity’

The UN Committee’s decision noted that while in the capital city, Mayans were also forced to conceal and ultimately change their identities, representing another violation.

“The uprooting of the victims from their natural environment and lands had a deep, devastating, and lasting impact as they were irremediably stripped of their cultural identity,” Ms. Tigroudja said. 

“They had to abandon their cultural practices, stop wearing their traditional clothing and stop speaking their language, which also constitutes an irreparable loss for their children and grandchildren,” she added.

Transgenerational trauma

In a new approach, the Committee considered that the State violated not only the rights of those who were forcibly displaced but also the rights of third-generation children born in displacement, thus transmitting the trauma of being uprooted. 

“Indigenous Peoples’ rights are, by definition, intergenerational.  Transmission is a key condition for the continuity of Indigenous Peoples’ existence and cultures,” Ms. Tigroudja said.

The Committee also highlighted that the forced displacement and accompanying violence resulted in the victims having to leave behind the buried bodies of their relatives. 

Burial rites disrupted

Moreover, they were unable to perform funeral rituals for family members who died or were executed or forcibly disappeared during the conflict, in violation of their right not to be subjected to torture and inhumane treatment. 

“In Mayan culture, not performing funeral rites is considered a moral transgression which can lead to spiritually caused illnesses that can manifest as physical diseases and can affect the entire lineage,” Ms. Tigroudja explained. 

“These are not only performative ceremonies and rituals but an integral part of the physical, moral and spiritual integrity of members of the communities as well as of the communities as a whole,” she added.

Action by authorities

The Committee requested Guatemala to search for and hand over the remains of the disappeared family members so that funeral rituals can be carried out in accordance with cultural requirements. 

The Government is also urged to undertake other measures, including providing victims, their children and grandchildren with the necessary medical, psychological and/or psychiatric treatment; and publicly acknowledging responsibility.

About the Committee

The Human Rights Committee comprises 18 independent experts who monitor implementation of the International Covenant on Civil and Political Rights (ICCPR).

More than 170 States are party to the UN treaty. Committee members are elected by States parties and serve in their personal capacity. They are not UN staff and do not receive payment for their work.