Rights of Indigenous People

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Rights of Indigenous People

• By Emily Cook and Maurilio Fonseca

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Problems

• Geography lack of access to courts and
  government offices in rural areas causing small
  communities to create justice systems of their
  own.
• Communication Barrier between the Guatemalan
  Government and the indigenous communities.
• Lack of state enforcement of rights
• Relentlessness of indigenous people to loosen
  control.
• Punishment of indigenous people/outsiders that
  commit crimes outside their communities/jurisdicti
  on.

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Solutions

• Improve access by building more government
  offices/courthouses in rural areas.
• Establish better communication between the
  government and indigenous people by providing
  regional resolution institutions.
• State needs to effectively reform in order to
  increase involvement within rural areas must
  prove to communities that it is on their side.
• Indigenous communities and the state must agree
  on judicial resolutions of key issues.
• Outsiders/indigenous people who commit a crime
  outside their community will have the option to
  choose to be punished by either their government
  or the other.

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Regional Resolution Institutions

• Institutions located based on language regions

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Regional Resolution Institutions

• Spanish and local language
• Counsel made up of local leaders and government
  representative
• Resolution decided by all with limitations
  imposed by human rights laws. (Informal Justice)
• More accessible form of justice
• Language and geography
• Compatibility between branches

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Regional Resolution Institutions

• Resolution through Informal Justice
• Informal justice substituting formal justice
• No clash between formal and informal justice
• Knowledge Management
• Fewer cases to be resolved by formal justice
• Cases not decided to be sent to Supreme Court
• Internal Diplomacy
• Assist with relationship between local leaders
  and institutions

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Expected Results

• An increased access to courts and offices will
  provide an environment where parties can solve
  their issues. (Ex. Triadic dispute resolution
  could resolve the issue of lynchings by creating
  an improved justice system involving incentives.
• Better communication will offer the indigenous
  people an equal opportunity at understanding and
  following the laws.
• A more involved state can better monitor the
  actions of indigenous people to ensure they
  arent committing crimes against humanity.
• This will solve the problem of efficiency and
  human rights violations.
• The criminal still receives a just punishment,
  but will have a say. Both governments will get
  what they want.

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Sources

• http//www.usip.org/library/pa/guatemala/guat_9503
  31.html