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Tengara’s decision, which was announced on Thursday, also considered the losses caused by the next generation.
“Forced transfer is permanent until the victims benefit from safe and dignified returns to the place of residence their habits or voluntarily reconciled elsewhere, ” said Member of the Hélène Tigroudja Committee.
Conflict, transfer and violation
The Committee found that 269 members of the K’iche ‘indigenous people, Ixil and the virtual kaqchikel roughly were revoked from their traditional land and were forced to seek protection in the capital, Guatemala City, which violated International Agreement on Civil and Political Rights (ICCPR).
They were forcibly moved during the operation of “Bumi Burna” in the midst of internal armed conflicts in the 1980s.
Maya leaders approached the committee in 2021, claiming their rights under the UN agreement were violated.
Although they have reached a settlement with the government and approved several steps of reparation under the 2011 National Compensation Program – which are ignored, in particular, residential areas and alternative housing development – it has never been applied.
‘Stripped cultural identity’
The United Nations Committee’s decision noted that when in the capital, Maya residents were also forced to hide and eventually change their identity, representing other violations.
“Withdraw victims from the natural environment and their land has a deep, destroying, and eternal impact Because they cannot be disarmed from their cultural identity, “said Ms. Tigroudja.
“They must leave their cultural practices, stop wearing their traditional clothes and stop speaking their language, which is also a loss that cannot be improved for their children and grandchildren,” he added.
Transgenerational trauma
In a new approach, the committee considers that the state violates not only the rights of those who forcefully evacuate but also the rights of the third generation of children born in the transfer, thus transmitting the trauma that is removed.
“The rights of indigenous peoples, according to the definition, transmission between generations.
The Committee also highlighted that the forced transfer and accompanying violence resulted in the victims to leave the corpses of their buried relatives.
The funeral rite is disturbed
In addition, they cannot perform funeral rituals for family members who die or are executed or forcibly eliminated during conflict, which violates their right not to experience inhuman torture and treatment.
“In cyberspace, not doing a funeral rite is considered a moral violation Which can cause a spiritual disease that can manifest as a physical disease and can affect all lineage, “explained Ms. Tigroudja.
“This is not only a performance ceremony and ritual but also an integral part of the physical, moral and spiritual integrity of members of the community and the community as a whole,” he added.
Actions by the authorities
The committee asks Guatemala to find and submit the remnants of lost family members so that the funeral ritual can be carried out in accordance with cultural requirements.
The government was also urged to take other steps, including giving victims, children and grandchildren with medical treatment, psychological and/or psychiatric care needed; and openly recognize responsibility.
About the Committee
That Human Rights Committee consists of 18 independent experts who monitor implementation International Agreement on Civil and Political Rights (ICCPR).
More than 170 states are parties in the UN agreement. Committee members are chosen by countries and serve their personal capacity. They are not UN staff and do not accept payments for their work.
