Guatemala’s population is comprised of 11.2 million (INE, 2003) people from Mayan indigenous tribes, the Xinca people, the garifunas and mestizos. According to official statistics, the Maya account for 48.6% of the population, comprised of 22 linguistic communities: Achi', Akateko, Awakateko, Ch'orti', Chuj, Ixil, Itza', Kaqchikel, K'iche', Mam, Mopan, Poqomam, Poqomchi', Popti', Q’anjob’al, Q'eqchi', Sakapulteko, Sipakapense, Tektiteko, Tz'utujil and Uspanteko.
Guatemala is notable for being mostly rural; almost two thirds of its inhabitants live in rural areas, and a large majority of the indigenous work under exploitive conditions on agro-export farms.
As far as a legal framework goes, the 1985 Constitution recognises, respects and protects the cultural diversity, languages, culture and customs of ethnic groups and indigenous communities, but does not, however, recognise them as peoples. Nevertheless, from a peace process point of view, Guatemala ratified Convention No. 169 in 1996, and subsequently made the Peace Accords legally binding, among them the Accord on the Identity and Rights of Indigenous Peoples (2005). The law recognises indigenous languages as national languages and encourages their use publicly, and discrimination is now categorised as a crime. To implement the Peace Accords, a series of institutions was created to protect indigenous rights, such as the Defensoría de la mujer indígena (DEMI), Fondo Indígena, as well as a presidential commission against discrimination and racism (CODISRA), among others.
However, despite the fact that Guatemala’s years of conflict are behind it, serious social and economic problems still persist that mostly affect the indigenous population: there is a need for application policies reflected in the effective improvement of the situation of indigenous peoples, particularly with regard to access to land, social and labour rights, public services and the effective recognition of the administration of indigenous justice. Constructive social dialogue is also necessary among indigenous peoples, other stakeholders and the government.
The ILO has carried out training activities on Convention No. 169 and the right to prior consultation, a matter that is seen as one of the most important and basic challenges in the effective implementation of Convention No. 169.