UN rights body rules Guatemala failed displaced Mayan Peoples

The landmark decision, announced on Thursday, also considered the harm caused to succeeding generations.

Forced displacement is permanent in nature until the victims benefit from a safe and dignified return to their place of habitual residence or are voluntarily resettled elsewhere,” said Committee member Hélène Tigroudja.

Conflict, displacement and violations

The Committee found that the 269 members of the K’iche’, Ixil and Kaqchikel Mayan Indigenous Peoples were violently uprooted from their traditional lands and forced to seek refuge in the capital, Guatemala City, in violation of the International Covenant on Civil and Political Rights (ICCPR).

They were forcibly displaced during “scorched earth” operations amid internal armed conflict in the 1980s.

Mayan leaders approached the Committee in 2021, claiming their rights under the UN treaty were violated.

Although they had reached a settlement with the Government and agreed on several reparation measures under the 2011 National Compensation Programme – which foresaw, in particular, the resettlement and construction of alternative housing – it was never implemented.

‘Stripped of cultural identity’

The UN Committee’s decision noted that while in the capital city, Mayans were also forced to conceal and ultimately change their identities, representing another violation.

The uprooting of the victims from their natural environment and lands had a deep, devastating, and lasting impact as they were irremediably stripped of their cultural identity,” Ms. Tigroudja said. 

“They had to abandon their cultural practices, stop wearing their traditional clothing and stop speaking their language, which also constitutes an irreparable loss for their children and grandchildren,” she added.

Transgenerational trauma

In a new approach, the Committee considered that the State violated not only the rights of those who were forcibly displaced but also the rights of third-generation children born in displacement, thus transmitting the trauma of being uprooted. 

“Indigenous Peoples’ rights are, by definition, intergenerational.  Transmission is a key condition for the continuity of Indigenous Peoples’ existence and cultures,” Ms. Tigroudja said.

The Committee also highlighted that the forced displacement and accompanying violence resulted in the victims having to leave behind the buried bodies of their relatives. 

Burial rites disrupted

Moreover, they were unable to perform funeral rituals for family members who died or were executed or forcibly disappeared during the conflict, in violation of their right not to be subjected to torture and inhumane treatment. 

In Mayan culture, not performing funeral rites is considered a moral transgression which can lead to spiritually caused illnesses that can manifest as physical diseases and can affect the entire lineage,” Ms. Tigroudja explained. 

“These are not only performative ceremonies and rituals but an integral part of the physical, moral and spiritual integrity of members of the communities as well as of the communities as a whole,” she added.

Action by authorities

The Committee requested Guatemala to search for and hand over the remains of the disappeared family members so that funeral rituals can be carried out in accordance with cultural requirements. 

The Government is also urged to undertake other measures, including providing victims, their children and grandchildren with the necessary medical, psychological and/or psychiatric treatment; and publicly acknowledging responsibility.

About the Committee

The Human Rights Committee comprises 18 independent experts who monitor implementation of the International Covenant on Civil and Political Rights (ICCPR).

More than 170 States are party to the UN treaty. Committee members are elected by States parties and serve in their personal capacity. They are not UN staff and do not receive payment for their work. 

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Indigenous Peoples sidelined in global climate fight, UN warns

Launched on Thursday, The State of the World’s Indigenous Peoples exposes a stark imbalance: while Indigenous Peoples make up just six per cent of the global population, they safeguard 80 per cent of the planet’s remaining biodiversity – yet receive less than one per cent of international climate funding.

The report offers a sobering assessment of climate action that is not only lacking in urgency, but in fairness. From green energy projects imposed without consent to policy decisions made in rooms where Indigenous voices are absent, these communities are too often excluded from climate solutions, displaced by them, and denied the resources to lead the way.

“Although we are disproportionately affected by the climate crisis, Indigenous Peoples are not victims,” writes Hindou Oumarou Ibrahim, Chair of the UN Permanent Forum on Indigenous Issues, in the report’s foreword.

We are custodians of the natural world who are committed to maintaining the natural equilibrium of the planet for the generations to come.”

The publication, overseen by the UN, brings together contributions from Indigenous leaders, researchers and the World Health Organization (WHO), combining case studies, data and lived experience from seven distinct regions of the world.

A child from the Badjao Indigenous community in the Philippines sits amid the wreckage left by a typhoon.

Modern problems, ancient solutions

The report calls for a seismic shift in how Indigenous knowledge is understood and respected – reframing it not as “traditional” or folkloric, but as scientific and technical knowledge.

Indigenous knowledge systems, authors argue, are “time-tested, method-driven” and built on direct relationships with ecosystems that have sustained life for millennia.

For example, in Peru, a Quechua community in Ayacucho has revived water sowing and harvesting practices to adapt to shrinking glaciers and drought. These methods, part of ancestral stewardship of hydrological cycles, are now being shared across borders with Costa Rican farmers as a model of South-South climate cooperation.

In Somalia, oral traditions serve as ecological law. The report cites cultural norms such as prohibitions on cutting certain trees (gurmo go’an) as evidence of environmental governance embedded in generational wisdom – passed through proverbs, stories, and taboos rather than policy papers.

Meanwhile, the Comcaac people of Mexico encode ecological and maritime knowledge in their language. Names like Moosni Oofia (where green turtles gather) and Tosni Iti Ihiiquet (where pelicans hatch) act as living data points – “vital  to their survival,” the report emphasises.

© Unsplash/Paul-Alain Hunt

Ore containing copper, cobalt and nickel at a mine.

Green solutions without consultation

The report also looks at how even as the world embraces a renewable energy future, many Indigenous Peoples are finding themselves on the frontlines not as climate partners, but as collateral damage from some of the solutions.

So-called green solutions often pose as much of a threat to Indigenous Peoples as the climate crisis itself,” writes Mr. Ibrahim. From biofuel expansion, carbon offsetting schemes, and mineral extraction for clean energy technologies, the new economy is often being built on old injustices.

For example, in Africa, the report draws attention to how demand for minerals linked to the green energy transition — including lithium and cobalt — has led to extractive activities that proceed without free, prior and informed consent. These projects often result in environmental degradation and displacement, echoing colonial patterns of land exploitation.

In several countries across the Americas, carbon offset projects tied to forest conservation have also been implemented without consultation – often on Indigenous lands – resulting in environmental degradation and exclusion from financial benefits.

Throughout, the report warns that if climate actions continue to be designed and implemented without Indigenous Peoples at the centre, they risk replicating the extractive and exclusionary systems that fuelled the crisis in the first place.

Indigenous young women representatives of the Sami People at the COP26 pavilions.

Climate change is a health crisis

The report also includes a chapter commissioned by WHO that details how climate-related health impacts intersect with the social, cultural, and spiritual lives of Indigenous communities.

In the Arctic, changes in temperature, wildlife migration, and weather patterns are disrupting traditional practices like hunting and harvesting. These disruptions are causing stress and threatening food security.

Indigenous women are particularly affected by the intersection of climate change and health. In East Africa, for example, women are more vulnerable to neglected tropical diseases such as schistosomiasis, leishmaniasis, and soil-transmitted helminthiases.

In the Amazon, climate-induced biodiversity loss has reduced access to traditional foods and medicinal plants, contributing to nutritional deficiencies among pregnant and nursing women, as well as broader community health vulnerabilities.

Despite these challenges, the report emphasises resilience. Communities are implementing locally rooted adaptation strategies, often led by women and elders. These include restoring traditional diets, strengthening intergenerational knowledge sharing, and adapting harvesting calendars to new ecological rhythms.

Participants attend the opening of the 24th Session of the Permanent Forum on Indigenous Issues.

Excluded from the table and the funds

Although Indigenous Peoples are increasingly acknowledged in global environmental frameworks, the report reveals that their role in shaping and implementing climate policy remains severely limited — both in terms of funding and governance.

Indigenous communities continue to face structural barriers that prevent them from accessing international climate finance. While significant resources flow through climate initiatives worldwide, less than 1 per cent reaches Indigenous Peoples directly.

The report calls for a fundamental shift: not just to increase funding, but to change who controls it.

Among its key recommendations are the creation of Indigenous-led financial mechanisms, formal recognition of Indigenous governance systems, and the protection of data sovereignty – ensuring communities control how knowledge about their lands and livelihoods is collected and used.

Unless these systems are transformed, the report warns, climate action risks reproducing the same patterns of exclusion and dispossession that have long undermined both Indigenous rights and global environmental goals.

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