Rights of Indigenous Rights of Indigenous PeoplePeople

By: Emily Cook and Maurilio By: Emily Cook and Maurilio FonsecaFonseca

ProblemsProblems Geography: lack of access to courts and Geography: lack of access to courts and

government offices in rural areas causing small government offices in rural areas causing small communities to create justice systems of their communities to create justice systems of their own.own.

Communication Barrier between the Guatemalan Communication Barrier between the Guatemalan Government and the indigenous communities.Government and the indigenous communities.

Lack of state enforcement of rightsLack of state enforcement of rights Relentlessness of indigenous people to loosen Relentlessness of indigenous people to loosen

control.control. Punishment of indigenous people/outsiders that Punishment of indigenous people/outsiders that

commit crimes outside their commit crimes outside their communities/jurisdiction.communities/jurisdiction.

SolutionsSolutions Improve access by building more government Improve access by building more government

offices/courthouses in rural areas.offices/courthouses in rural areas. Establish better communication between the Establish better communication between the

government and indigenous people by providing government and indigenous people by providing regional resolution institutions.regional resolution institutions.

State needs to effectively reform in order to State needs to effectively reform in order to increase involvement within rural areas; must increase involvement within rural areas; must prove to communities that it is on their side. prove to communities that it is on their side.

Indigenous communities and the state must Indigenous communities and the state must agree on judicial resolutions of key issues. agree on judicial resolutions of key issues.

Outsiders/indigenous people who commit a crime Outsiders/indigenous people who commit a crime outside their community will have the option to outside their community will have the option to choose to be punished by either their government choose to be punished by either their government or the other.or the other.

Regional Resolution Institutions Regional Resolution Institutions

Institutions located Institutions located based on language based on language regionsregions

Regional Resolution InstitutionsRegional Resolution Institutions Spanish and local languageSpanish and local language

Counsel made up of local leaders and Counsel made up of local leaders and government representativegovernment representative• Resolution decided by all with limitations imposed by Resolution decided by all with limitations imposed by

human rights laws. (Informal Justice)human rights laws. (Informal Justice)

More accessible form of justice More accessible form of justice • Language and geographyLanguage and geography

Compatibility between branchesCompatibility between branches

Regional Resolution InstitutionsRegional Resolution Institutions Resolution through Informal Justice Resolution through Informal Justice

• Informal justice substituting formal justiceInformal justice substituting formal justice• No clash between formal and informal justiceNo clash between formal and informal justice

Knowledge Management Knowledge Management

Fewer cases to be resolved by formal justice Fewer cases to be resolved by formal justice • Cases not decided to be sent to Supreme CourtCases not decided to be sent to Supreme Court

Internal DiplomacyInternal Diplomacy• Assist with relationship between local leaders and Assist with relationship between local leaders and

institutionsinstitutions

Expected ResultsExpected Results An increased access to courts and offices will provide an An increased access to courts and offices will provide an

environment where parties can solve their issues. (Ex. environment where parties can solve their issues. (Ex. Triadic dispute resolution could resolve the issue of Triadic dispute resolution could resolve the issue of lynchings by creating an improved justice system involving lynchings by creating an improved justice system involving incentives.incentives.

Better communication will offer the indigenous people an Better communication will offer the indigenous people an equal opportunity at understanding and following the laws.equal opportunity at understanding and following the laws.

A more involved state can better monitor the actions of A more involved state can better monitor the actions of indigenous people to ensure they aren’t committing crimes indigenous people to ensure they aren’t committing crimes against humanity.against humanity.

This will solve the problem of efficiency and human rights This will solve the problem of efficiency and human rights violations. violations.

The criminal still receives a just punishment, but will have a The criminal still receives a just punishment, but will have a say. Both governments will get what they want. say. Both governments will get what they want.

SourcesSources

http://www.usip.org/library/pa/guatemala/http://www.usip.org/library/pa/guatemala/guat_950331.htmlguat_950331.html