After the signing of the peace accord in Guatemala on December 29, 1996, the implementation of these agreements between the Guatemalan government and the Guatemalan National Revolutionary Unity (URNG) has been one of the major concerns of the Mayan organizations. During the peace negotiations, Indigenous organizations in Guatemala recognized that ILO Convention 169 is an important, international legal tool that would contribute to the promotion of human rights and justice in Guatemala and urged for its ratification.
Unfortunately, the ratification of Convention 169 created a disagreement between those who are in favor or against it, delaying its ratification by Guatemala. Some who argued against the legal instrument proposed by the ILO claimed that Convention 169 contradicted the Guatemalan National Constitution. Others claimed that it was unnecessary because the Guatemalan Constitution was inclusive and that all Guatemalans were equal and enjoyed the same rights and obligations as members of the Guatemalan nation-state. Article 66 of the Guatemalan Constitution acknowledges that the Guatemalan state is made up of diverse ethnic groups and that "the state must recognize, respect and promote the ways of life, customs, traditions, forms of social organization, the use of Indigenous traditional dress, languages and dialects", which together form part of their distinct identity as Indigenous peoples.
For those in favor, the above statement from the Constitution pertaining to the rights and freedom of Indigenous people within the nation, should be reinforced with the adoption and ratification of Convention 169. Convention 169 argues for the implementation, practice, and promotion of the rights of Indigenous people already stated in the Constitution. The protection of Indigenous rights is inherent since "the Indigenous and Tribal people must fully enjoy human rights and fundamental liberties without obstacles and discrimination." Due to the insistence of Indigenous organizations in Guatemalan and their international support, the Guatemalan government realized that it had a need and an obligation to ratify Convention 169. It was this pressure that persuaded the Guatemalan government to ratify the document on June 5, 1996 (effective June 5, 1997). It is our hope that, with its implementation, Indigenous people will finally be allowed to represent themselves, instead of the current policies which have promoted assimilation and full integration into the national life.
While Guatemala argued against the ratification of Convention 169, other countries such as Mexico, Colombia and Bolivia, among others; ratified the Convention and encouraged other countries to follow their example. For this reason, Guatemala was under strict scrutiny by other international organizations and was criticized for not adopting and ratifying the Convention. As the negotiations for a lasting peace between the Guatemalan army and the Guatemalan National Revolutionary Unity (URNG) continued, the different Mayan organizations insisted that Convention 169 must be ratified as part of the agreements. It was clear that this international, legal instrument would help the marginalized Indigenous population to assume leadership in the pursue of their rights and the revival of the Mayan, Garífuna and Xinca cultures.
In 1991, under the government of president Jorge Serrano Elias, the different Mayan organizations, worker's organizations, governmental institutions, the church, the army and CACIF participated in a national consultation to discuss the viability of the implementation and ratification of Convention 169 in Guatemala. In 1992, the Guatemalan Congress began a serious analysis and discussion of Convention 169 and its compatibility with the Constitution. The Latin American signatories of the Convention petitioned the Guatemalan Congress to ratify Convention 169 in 1993. The debate concerning the implementation of the Convention continued and became a highly contested issue for the different political parties. The ILO Convention 169 was finally ratified by Guatemala on June 5, 1996. It is considered an instrument that can help to ensure the implementation of the peace agreements (now pending after the signing of the peace accords.)
With the ratification of Convention 169, several issues became apparent. It is not sufficient simply to recognize that Indigenous people have been marginalized and limited in their access to resources, or that they have been denied the full expression of their individual and collective rights as traditional communities with a millennial history and culture. Nor is it enough to say that Guatemala is a multilingual and a pluricultural nation-state, if we are not making the constitutional laws functional. Guatemala must comply with its laws permitting Indigenous people to express themselves freely and to practice their ways of life without restrictions, limitations or obstacles. The Indigenous communities are hoping that Convention l69, as a legal instrument, will ensure their right to self-determination and autonomy. In Guatemala, there is an urgent need to enforce the legislation that considers the uniqueness and contribution of each Indigenous community, including their customary law.
The application of Convention 169 in Guatemala should now be instrumental in the search for solutions to the land problems affecting the Mayan communities. It should be understood that Indigenous people have a special "quasi-religious" relationship with the land. Without access to land, it will be extremely difficult for the Mayan people to maintain their ways of life and their legacy of respect and concern for nature and humanity. Currently, and as a result of the peace agreement "without justice" achieved between the Guatemalan government and the URNG, chaos surrounds the land issue. It is unfortunate that some Indigenous and peasant organizations are promoting the invasion of fincas (farms) without regard for the current negotiations on land reform. The power of negotiations and dialogue must be respected in this case, in order to avoid the continuity of violence and tension in all levels of Guatemalan political life.
Convention 169 must be used as a tool to negotiate a peaceful solution to the land problem, and not be used as a weapon to allow confrontation and invasion by force. The Guatemalan population, Mayan and non-Mayan peasants alike, should read and study the Convention carefully so that they may successfully use it as a tool in the quest for peace and justice for the dispossessed. The land problem continues to be a very delicate issue in Guatemala and currently this predicament is intensifying. Campesino and Mayan communities are now fighting against each other to protect and redefine the community and the municipality land boundaries. The armed confrontation between two Mayan communities in Solola and Totonlcapan in June, who fought against each other with machetes to defend their land boundaries, is an example of the current situation. To avoid these conflicts, Congress must use Convention 169 to legislate attending the petitions of the lndigenous communities and must recognize their traditional, communal practices of land tenure. Land rights will undoubtedly be the source of conflicts in Guatemala and throughout Latin America in the coming century.
The ratification and full implementation of Convention 169 is fundamental in carrying out the peace agreements, particularly the accord on "Indigenous Rights and Identity." The importance of this document rests on the idea that Indigenous people should be consulted about, and participate in the development of, policies and programs that concern our lives and the organization of our communities.
ILO Convention 169 highlights the necessity of implementing an educational system that is inclusive, stemming from the ideology and epistemology of the Indigenous Mayan culture. To encourage the creation of a true multilingual state, we are emphasizing the teaching and learning of Indigenous languages. Projects are now being promoted to achieve this goal, such as the current national commission for the official recognition of the 21 Mayan languages as well as Xinka and Garifuna spoken in Guatemala. The Indigenous organizations of Guatemala are also organizing bipartisan commissions to propose educational programs that will integrate the knowledge and intellectual productions of Indigenous people in the curricula. The lndigenous world views are becoming an integral part in the experimental educational projects, particularly in the program called '"Escuelas Mayas" coordinated by the Centro de lnvestigaciones y Documentacion Maya (CEDIM). Similarly, on the religious front, the Consejo National de Sacerdotes Mayas is consulting the Mayan calendar and proposing its use to guide the educational programs, agricultural projects, and life cycles important in Mayan communities. Indigenous religion and philosophy are also being revived and practiced by men and women, who are now expressing themselves freely in their Mayan religious organizations at the national level.
An important contribution of Indigenous people to the legal and political process in Guatemala is the recognition of our customary law that regulates conflict and creates consensus in our communities. Similarly, the bipartisan commission for land has also been established and Mayan organizations, such as the Coordinator of Mayan People of Guatemala (COPMAGUA), are now discussing the possibilities for peaceful solutions to the land problems with a government team. With the complete implementation of the articles stated in the Convention, there is hope that Guatemala, as a pluricultural nation-state, may develop a real democracy with just treatment for the large Indigenous population within its borders. Once Indigenous people are allowed to determine and direct their own development with the support of the national government, Guatemala will make a major step towards its development as a modern nation with a bright future and a true commitment to justice.
With the ratification of Convention 169, Guatemala has achieved an international status and recognition as a nation that respects its Indigenous majority. By becoming a signatory of the ILO Convention, Guatemala is now among those independent nations highly concerned with the promotion and continuity of Indigenous cultures in their territories. This is a historical opportunity for Guatemala to fulfill its promise of recognizing and valuing its patrimony, not only its ancient Mayan past, but the contemporary inheritors of that millennial Mayan civilization. The articles of the Convention are being massively publicized, so that the Indigenous population can read and apply its contents to help them to finally escape from the marginal world to which they have been relegated for the past five centuries. To aid in the promotion of the Convention, a number of Mayan organizations, such as the Academy of Mayan Languages, Cholsamaj, the Mayan paper Rutzijol, and the newspaper El Regional are translating and diffusing the information in Mayan languages.
It must be understood that Convention 169 is not in itself the solution to the ill treatment of the Indigenous population in the past by the dominant Ladino population. Instead, it is a step towards understanding and respecting the contributions of lndigenous people in all spheres of human life. At this new stage in their history, Guatemalans must question their own identities and discover the Indigenous roots that give them a unique and powerful identity as Mayans. For this to occur, it is important that the Ladino or non-Indigenous population change the persistent views and negative stereotypes that they have imposed on Indigenous people for centuries. This implies rewriting their histories and learning more about the grandeur of the Mayan civilization which, with remarkable tenacity, has persisted until now, despite the restricted spaces in which its contemporary inheritors struggle to survive at the end of this century.
Victor D. Montejo, Ph. D. is a Jakaltek-Maya and an Assistant Professor in the Department of Native American Studies at the University of California, Davis. He is also President of the Maya Educational Foundation.