'Rigoberta Menchu, Nobel Peace Prize winner, survivor of the genocide and highly esteemed indigenous representative, has fought hard for recognition against the discrimination of her own people for the past two decades'

Holly Bruford left London to live and work
in Guatemala. In her third column, she looks at racial discrimination toward the country's indigenous population

According to government statistics, over 81% of Guatemala’s indigenous Mayan population live in extreme poverty. They suffer from some of the lowest life expectancies of any ethnic group in the world, due in part to appalling health care and education (75% illiterate). In a country where over half the population is indigenous this is a blatant example of a hierarchical society founded on an institutional structure of racism.

It is hardly surprising therefore that to date not a single person has been condemned under the Discrimination Law since it was introduced into the Penal Code in 2002. Only a handful of the eighty congressional deputies are indigenous; non-Spanish speakers rarely get court translators or bilingual defence lawyers.

This month, however, could create a precedent in the history of Guatemala as the first ever case of racial discrimination is brought to trial. This will truly determine how the court values the dignity of thousands of the indigenous population.

The accused are five members of the rightwing political party FRG (Guatemalan Republican Front), amongst them a grandson of the former dictator Efrain Rios Montt, who were captured on film during a hearing in the Constitutional Court on October 9th 2003, insulting with racist comments the indigenous leader, Rigoberta Menchú. The Public Ministry (MP) accuses them of threat, discrimination and public disorder.

The event has been brought to international attention for a number of reasons. Firstly, Rigoberta Menchu, Nobel Peace Prize winner, survivor of the genocide and highly esteemed indigenous representative, has fought hard for recognition against the discrimination of her own people for the past two decades.

Secondly, although the judgement should not be politicised since the facts did not derive from political affiliation of the aggressors but from their personal attitude and conduct, to bring public civil servant figures, and most notably a grandson of Montt to trial for racism is a bold concept in itself.  

Rigoberta has identified that the root of the problem lies in the foundations of the justice system stating in an interview with the national newspaper La Prensa, “The Guatemala that we want to construct must be very different... and needs a radical change... starting with its legal institutions. The country is a country divided, more than half the population are unaccounted for.” (La Prensa. 08.03.05)

The same newspaper previously reported, “Racism is one of the historical forms of discrimination in Guatemala. To date, nobody has been condemned for this fact. The justice that comes from the 8th March could change history.” (La Prensa. 02.02.05).

Other battles over the last few years are also starting to bear fruit. There is increased recognition for indigenous rights and more Mayans are included in governmental activities and justice institutions.

For example, The Indigenous Town initiative, which is to be presented before the UN Human Rights Commission later this month, seeks to create a legal framework for the protection of indigenous towns in order to unify the rights of all the communities in Latin America.

The declaration states that people have the right to self define themselves as indigenous in a way that recognises their legal status; each town should have the right to maintain their own language and the state has the responsibility to promote and protect that language; education in their mother tongue should be guaranteed; and religious freedom should be respected and sacred places conserved.

As both national and international organisations try to revert the unjust history of Guatemala’s discrimination and balance the diverse interest of the numerous groups of its society, one can only hope that the future will bring the justice deserved to the majority of the country’s population.

These are personal comments and not necessarily the position of Christian Aid or its partners.

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