Concluding observations on the fourth periodic report of Guatemala

36. The Committee is concerned by the lack of secure land tenure, which has led to serious social conflict and has undermined the right of Indigenous Peoples to the lands, territories and resources that they have traditionally occupied or possessed. The Committee is also concerned about reports that a considerable number of campesino and Indigenous families have been the victims of forced eviction that, owing to the lack of prior notice, the disproportionate use of force and the absence of resettlement measures, infringed international human rights standards (art. 11).

37. The Committee recommends that the State party:

• Take the measures necessary to ensure equitable access to land and natural resources by guaranteeing legal security and agricultural rights, particularly for small-scale farmers;
• Establish an effective mechanism to protect the right of Indigenous Peoples to possess, use, develop and control their lands, territories and resources in full security, including by strengthening the process for the regularization, legal recognition and legal protection of territories in accordance with international standards;
• Take effective measures against forced evictions in accordance with international human rights law, and ensure that victims have access to an effective remedy that allows the restitution of their property, return to their homes or land or a suitable alternative thereto, and appropriate compensation;
• Take into consideration the Committee’s general comment No. 7 (1997), which deals with the topic of forced evictions and contains, among others, guidance on appropriate legal remedies, adequate compensation and consultations.