Indigenous groups in Guatemala face many of the same structural problems that affect similar groups in other Latin American nations, but their case is particularly interesting given the relative size of the indigenous population and the effects of civil war.
Guatemala is home to one of the largest populations of indigenous people by percentage of the total of any country in the Americas, with 44% of the population fully indigenous, according to official figures. However, the country does not possess reliable data on its indigenous population, according to the IWGIA. The last census took place in 2002 and the effectiveness of the 2018 Population and Housing census is in doubt due to an ongoing political and institutional crisis. However, we do know that most indigenous people are Maya, consisting of 22 different ethnic groups including K’iche’, Q’eqchi, Kaqchikel and Mam, as well as Xinca and Garifuna groups. Plus, it’s worth noting that despite the idea of a homogenous Maya indigenous group, historical conflicts, for example between the K’iche’ and Mam, have prevented them from working together.
The country is one of the poorest in Latin America, and indigenous groups suffer disproportionately. Almost 80% of indigenous people live in poverty, according to a March 2018 report by Inter-American Commission on Human Rights (IACHR), and the rate of extreme poverty is three-times higher in the indigenous population than in the non-indigenous population. Chronic malnutrition affects eight of every ten indigenous children, according to the UN Children’s Fund (Unicef). There has been little improvement in social, economic and political inclusion in recent years, with the IWGIA citing “rates of unequal public investment and the persistence of discrimination, exclusion and racism”.
One explanation for this inequality is land tenure insecurity, according to a UN special envoy, who also highlighted Guatemala’s historical debt to its indigenous groups, which have suffered marginalisation and exploitation for centuries, as well as bearing the brunt of the 36-year civil war that ended in 1996. Some 250,000 civilians were killed or disappeared in the conflict, many of them indigenous, and former dictator General Efrain Rios Montt was convicted of genocide against the Maya as a result of his “scorched earth” tactics in rural areas during the war.
Violence against indigenous groups continues to this day, whether the targets are rights defenders or politicians. For example, two indigenous politicians were murdered in the northern Petén department in the run up to the 2019 elections, and a report from NGO Frontline Defenders revealed that 26 human rights defenders (HRDs) were killed in Guatemala in 2018, the majority of whom were indigenous. This represents a 136% increase from 2017, and a particularly murderous period from 9 May-4 June 2018 saw seven HRDs killed. All seven were indigenous, and five were members of peasant farmers’ organisation Comité de Desarrollo Campesino (Codeca). According to the local human rights NGO Unidad de Protección de Defensores y Defensoras de Derechos Humanos en Guatemala (Udefegua), there is a link between President Jimmy Morales’ (2016-present) criticism of Codeca and the spate of killings of HRDs in May-June 2018. On 5 July 2019, two more Codeca members were shot dead during a peaceful protest over land rights.
Peace accords signed in 1996 include several conditions designed to improve conditions for indigenous groups, but the Consejo Nacional para el Cumplimiento de los Acuerdos de Paz (CNAP), an organism which monitors their implementation, has found serious shortcomings. The budget for reparations has been cut back, conflicts over land ownership continue, and while Guatemala is a signatory to ILO 169, CNAP says the views of local communities have been ignored in a majority of cases.
The UN Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, echoed many of these concerns following a May 2018 visit to Guatemala. She pointed out the criminalisation of protest movements and racial discrimination that permeates society, as well as an upsurge in violence and forced evictions against those that defend their land. Campaigns for land rights and opposition to extractivism have provided a rallying call for indigenous organisations such as Codeca, which is known for organising protest marches and putting up roadblocks.
Guatemala is a hotbed of mining activity, including the world’s third-largest silver mine San Rafael Escobal. Canadian mining company Tahoe Resources invested around US$500m to develop the mine but work was suspended in July 2017 after Guatemala’s top court (Corte de Constitucionalidad – CC) ruled that there had been a failure to adequately consult the local indigenous Xinca community, as required by ILO 169. Despite calls from various sectors to reopen the mine, it remains shuttered and Tahoe sold its operations to another Canadian company, Pan American Silver, in January 2019. However, not all indigenous mobilisations have been so successful. Protests against nickel mines near the town of El Estor, Izabal, have resulted in the death of a protester, forced evictions, and complaints of environmental damage. Despite widespread concerns, the mines continue to operate.
Other examples are the demonstrations in favour of the UN-backed International Commission against Impunity in Guatemala (Cicig). On 14 January, protesters took to the streets to speak out against President Morales’ attempts to expel Cicig, with Codeca, along with indigenous organisations Comité de Unidad Campesina (CUC) and Comité Campesino del Altiplano (CCDA), organising at least 26 roadblocks. However, President Morales has successfully dismantled the Cicig and its mandate will end on 3 September.
While indigenous social movements are highly active, and indigenous groups represent a significant part of the population, they suffer serious underrepresentation in party politics. Only 18 of 158 congresspeople were indigenous for the period 2015-2019, according to NGO the International Work Group for Indigenous Affairs (IWGIA). This is a symptom of the historic political and social marginalisation of indigenous groups, which have struggled to influence national politics. This can be explained in part by the so-called ‘discourse of concealment’ – the suppressing of certain identities that started under the rule of colonial Spain – but also by a certain scepticism on the part of indigenous communities to engage with the electoral process as a way of bringing about change.
One example is the 1999 referendum on a proposed amendment to the constitution, which included the recognition of indigenous rights. Indigenous groups voted against the amendment, preferring to concentrate on building a grassroots movement, according to some experts. However, Rice believes the ‘no’ vote was a bad move. “For me that was a big mistake,” she said. “You need to have a constitution that has things set up in there.” The ‘no’ vote may also have been a sign of misgivings toward the existing system, according to Rice. “They don't trust the elections, they don't trust constitutional reform,” she said. “It's much more of a social movement that’s detached from the political system. Then you get the political system that you have in Guatemala, because people are not engaging with those institutions.”
However, it appears that indigenous attitudes towards electoral politics have been changing in recent years. Nobel Prize winner Rigoberta Menchú ran in the 2011 presidential election but gained just 3.27% of the vote. The fact that her Movimiento Político Winaq party had just one seat in congress from 2015-2019 provides further evidence that indigenous involvement in democracy is still developing. That said, indigenous politics took an exciting turn in November 2018, when the electoral court registered a new party, Movimiento para la Liberación de los Pueblos (MLP), ahead of the June 2019 general election. MLP is the political arm of Codeca and campaigned on familiar themes such as corruption, land rights, and the nationalisation of the electricity sector. Presidential candidate Thelma Aldana also pushed for a plurinational constitution in Guatemala, which would represent a significant advance in recognising the rights of indigenous groups. Aldana gained just over 10% of the vote in a surprise performance, which may have been facilitated by the barring of frontrunners Zury Rios and Thelma Aldana from the election.
“With dignity, without a single advertising spot on radio or television, independently of the results, we are making history,” tweeted the party following the results. In a report by electoral watchdog Mirador Electoral, MLP reported total spending of Q15,436 (US$2,000) to March 2019 compared with Q1.97m for the UNE party of first round winner Sandra Torres. The MLP later rejected the results of the election due to alleged voter fraud, complaining that in various parts of the country its logo did not appear on ballot sheets and citing evidence of vote-buying by various parties, but its performance marks a departure for indigenous politics in Guatemala. The party won one seat in congress, which means that it will have an opportunity to influence matters in the formal political system as well as through social movements. Aldana’s campaign also increased the visibility of the indigenous struggle and allowed her to introduce key ideas to a national audience. Although Guatemala’s political system is racked by allegations of corruption, and the country appears to have been stuck in a perpetual political crisis in recent years, recent developments are encouraging for indigenous representation.