貝里斯、瓜地馬拉以及墨西哥原住民人權之比較研究 - 政大學術集成

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(1)International Master’s Program in International Studies National Chengchi University. 治. 政Indigenous大Human Rights in A Comparative study of. 立. ‧. ‧ 國. 學. Belize, Guatemala and Mexico. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. By: Aurel Peter Lewis Advisor: Hsueh, Chien-Wu (. ), Ph. D.. January, 2021. DOI:10.6814/NCCU202100255.

(2) Abstract Indigenous human rights that are political, civil and cultural have all attracted much attention in the political arena. The Mesoamerican countries provides a suitable study as the vast majority of indigenous Mayas are situated in a central geographic bloc which are Belize, Mexico and Guatemala. While the country of Guatemala has the highest indigenous population amongst its neighboring countries, it seems that the indigenous people do not enjoy much human rights. There are difference in the degree of indigenous human rights among these three countries, and. 政治大 modernization and mobilization) in立 the literature better account for this variation. The research the goal of this thesis is to find out which explanations (which are democratization,. ‧ 國. 學. question proposed seems to have a clear puzzle as Belize and Mexico respects human right. A deeper look into the question shows that Guatemala lacks cohesion and organizational unity that. ‧. prevent the vast majority of indigenous people from improving their human rights. I present here. y. Nat. io. sit. three case studies, including two cases of successful mobilization (The case of the Maya Leaders. er. Alliance in Belize, The Case of the Zapotecas in Mexico) and one case of unsuccessful political. al. n. iv n C mobilization (The case of Guatemala National Unit) in hope of shedding light to h e nRevolutionary gchi U the indigenous human rights situation in each country and making it clear which theory has a greater influence on human rights amongst the three countries. Key words: Political Mobilization, Human Rights, Latin America, Indigenous People. i DOI:10.6814/NCCU202100255.

(3) (. ( : (. ). 立. ,. -. 治 -政大 (. ‧. ‧ 國. 學. io. sit. y. Nat. n. al. er. -. (. Ch. engchi. i n U. v. ii DOI:10.6814/NCCU202100255.

(4) Contents Abstract.............................................................................................................................................i List of Acronyms ............................................................................................................................iv List of Figures.................................................................................................................................vi List of Tables ................................................................................................................................ vii Chapter 1: Introduction.................................................................................................................... 1 1.1 Research Motivation .............................................................................................................. 1 1.2 Belize, Mexico and Guatemala Comparison ......................................................................... 9 1.3 United Nations Declaration on human rights of indigenous people. ................................... 14 1.4 Human Right Protection Scores of Belize, Mexico and Guatemala .................................... 24 1.5 Research Question and My Argument ................................................................................. 33. 政治大. 1.6 Research Method ................................................................................................................. 35. 立. 1.7 Organizations of Chapters ................................................................................................... 36. ‧ 國. 學. Chapter 2: Literature Review ........................................................................................................ 39 2.1 Explanations in literature and why they are not satisfying in explaining the variation in these three countries................................................................................................................... 39. ‧. y. Nat. 2.2 Main Argument: Political Mobilization has a more immediate effect on indigenous human and political rights ..................................................................................................................... 45. sit. 2.3 What is Human Rights and how can political mobilization improve it? ............................. 48. er. io. 2.4 Conclusion ........................................................................................................................... 55. n. a Political Mobilization ...................................................... Chapter 3: Case Studies of Successful 56 iv l C 3.1.1 The Case of Mexico ...................................................................................................... 56 hengchi Un 3.1.2 Zapatistas Uprising and Integration of NAFTA in Mexico, 1994-2010 ....................... 64 3.1.3 Rival Explanations: Democratization of Mexico .......................................................... 70 3.2.1 The Case of Belize ........................................................................................................ 74 3.2.2 Maya Leaders Alliance and the judiciary system, 1996-2015 ...................................... 77 3.2.3 Rival Explanations: Democratization of Belize ............................................................ 83 3.3.1 Rival Explanations: Modernization of Mexico and Belize ........................................... 87 3.3.2 Rival Explanations: Conclusion of Modernization in Belize and Mexico .................... 91 Chapter 4: Case Studies of Unsuccessful Political Mobilization .................................................. 94 4.1 The case of Guatemala ..................................................................................................... 94 4.2 Civil War Impact on Indigenous People and the URNG, 1960-1996 .............................. 97 4.3 The Legacy of the Civil War in Modern Day Guatemala, 1996-2008........................... 100 iii DOI:10.6814/NCCU202100255.

(5) 4.4 Understanding the 1999 Referendum of Guatemala ...................................................... 104 4.5 Rival Explanations: Democratization of Guatemala ...................................................... 108 4.6 Rival Explanations: Conclusion of Modernization Guatemala ...................................... 112 Chapter 5: Conclusion ................................................................................................................. 115 5.1 Comparison of Case Studies and Regime Types ........................................................... 115 5.2 Policy Implications......................................................................................................... 123 5.3 Concluding with Mobilization ....................................................................................... 124 References ................................................................................................................................... 129. List of Acronyms. 立. 政治大. Popular Assembly of the Peoples of Oaxaca. ASC. The Civil Society Assembly. CACIF. Chamber of Agricultural, Commercial, Industrial, and Financial Associations. CIA. Central Intelligence Agency. CP. Consulta Popular. CEH. Guatemalaʼs Commission on Historical Clarification. EZLN. Zapatista Army of National Liberation. FLN. Fuerzas de Liberaciónl Nacional C. GOB. Government of Belize. IACHR. Inter-American Commission on Human Rights. IAHRS. Inter-American Human Rights System. ICCPR. Committee of the International Covenant on Civil and Political Rights. IPU. Inter-Parliamentary Union. MLA. Maya Leader Alliance. NAFTA. North American Free Trade Agreement. OAS. Organization of American States. PUP. Peoples United Party. n. er. io. hengchi. sit. Nat. a. y. ‧. ‧ 國. 學. APPO. i n U. v. iv DOI:10.6814/NCCU202100255.

(6) PRD. Democratic Revolutionary Party. PRI. Institutional Revolutionary Party. PAN. National Action Party. PLM. The Partido Liberal Mexicano. TAA. Toledo Alcaldeʼs Association. TMCC. The Toledo Maya Cultural Council. TMWC. Toledo Maya Women’s Council. UPR. Universal Periodic Report. UNDRIP. United Nations Declaration on the Rights of Indigenous Peoples. United Nations Development Fund. 學. UNDP UDP. United Democratic Party. UFCO. United Fruit Company. URNG. Guatemala National Revolutionary Unit. ‧. ‧ 國. UNDP. 政治大 United Nation Development Programme 立. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. v DOI:10.6814/NCCU202100255.

(7) List of Figures Figure 1.1. Degree of Human Rights in Mesoamerican Countries. Figure 1.2. Degree of Human Right Violations in Mesoamerican Countries. Figure 3.1. Degree of HDI in Mesoamerican Countries. Figure 3.2. Degree of GDP in Mesoamerican Countries. Figure 3.3. Degree of FIW in Mesoamerican Countries. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. vi DOI:10.6814/NCCU202100255.

(8) List of Tables Table 1. Comparison of Indigenous land, political and civil rights. Table 2. Comparison of Indigenous Population. Table 3. Similarities of the three Countries. Table 4. Comparison of Case Studies and Regime Type. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. vii DOI:10.6814/NCCU202100255.

(9) Chapter 1: Introduction 1.1 Research Motivation In Latin America, indigenous people are considered weak compared to other ethnic groups, such as the dominant “White Hispanics.” Paredes (2008) states that by looking at the situation in Peru and Ecuador, indigenous people perceives to be secluded from political inclusiveness, in addition to continuous and profound inequalities amongst indigenous and nonindigenous individuals have no cessation. Throughout Latin America, indigenous people have. 政治大. been disenfranchised, politically oppressed, and socially excluded from civil services such as. 立. health, education, and access to land. The development of indigenous organizations, the. ‧ 國. 學. politicization of indigenous identities, and the demand for indigenous political rights over the. sit. y. Nat. America (Yashar, 1999).. ‧. past two decades has challenged historical norms for local governments at all levels in Latin. Indigenous people, therefore, face substantial difficulties in integrating and establishing. er. io. n. organizations that are able of organizing a a continued legal defensev of their rights. Nevertheless,. i l C n U there has been an increasing in contemporary times, in various nations h throughout e n g c the h iregion,. number of organizations that have defended and advocated for indigenous people. Mostly claims for political and legal autonomy, for freedom from discrimination, or protection of their historical territories and natural resources before the national and international courts. These groups include Indigenous communities, indigenous legal defense organizations, nongovernmental organizations (NGOs) or alliances of NGOs, and sometimes governmental institutions such as human rights ombudsmen (Sieder, 2007). Furthermore, scholars have paid particular attention to the indigenous political movement. 1 DOI:10.6814/NCCU202100255.

(10) in the “Andean Region,” which consists of about 34-40 million indigenous people (79%) that reside in this region (Selekman, 2012, p.137). The vast majority of indigenous people are also concentrated in Mesoamerica. This can be illustrated in Guatemala and Bolivia, where indigenous people amount to over 50 percent of the population, in Ecuador and Peru between 30 and 40 percent, and in Mexico between 10 and 15 percent. A commonly accepted definition of “indigenous” in international law, the international community identifies three broad conditions for defining who is indigenous: the self-definition as a member of an indigenous community, subordination to dominant society, and historical continuity with pre-colonial societies (Sieder,. 政治大. 2007). Therefore, indigenous groups in different countries have different situations in regards to. 立. human rights facilitated by incidences of historical elements as well as subordination for the non-. ‧. ‧ 國. 學. indigenous groups.. Adams and MacLeod (2000) defines Mesoamerica as a “co-tradition” or culturally. sit. y. Nat. interactive area. So, Mesoamerica can be described as an extensive diffusion region which means. a. er. io. whatever event that occurred in one area would sooner or later influence the other surrounding. n. v l the Mesoamerican cultural regions (Adams, 1991). The legacy of n i customs has been adequately Ch. engchi U. cohesive, distinctive, and inspiring in the history of the geographical area to justify its recognition with a unique term: “Mesoamerica” (Carmack et al., 2007). Moreover, Mesoamericans have been identified as first, members of a lineage, second, members in a community, third, speakers of a common language and lastly as Mexicans, Central Americans, or Indians (Carmack et al., 2007). Carmack et. al (2007) also states that these members of the community is made up of different individuals who share common cultural traits in various geographical areas such as Guatemala , Mexico, Belize, El Salvador and Honduras. Some of the most known cultures from such geographic regions, like the Kʼiche Maya. 2 DOI:10.6814/NCCU202100255.

(11) (Guatemalan Highlands), Mixtec Maya (Southern district of Toledo Belize) and the Zapotec (Southern state of Oaxaca Mexico), shared cultural traits, which included architectural features, food, dress and a 260-day calendar. Thus, demonstrating a major connection between indigenous individuals. However, there were differences in the qualities of life and other cultural differences that made the Mesoamerica cultures lack homogeneity. For instance, there was no single language for the people of the region. The differences generated incredible diversity of people and languages resulting in other levels of unfamiliarity in even deities. Although the Mesoamerica societies show differences in culture across different indigenous. 政治大. groups, single groups that are culturally related have different situations as their regions differ.. 立. Thus, indigenous groups in different countries have different conditions in regard to human. ‧ 國. 學. rights facilitated by incidences of historical elements including subordination for the non-. ‧. indigenous groups. For instance, the Mayas indigenous group that is found in Guatemala, Mexico, and Belize in the era of civilization, face different situations specifically regarding their. y. Nat. er. io. sit. rights as a human being due to the subjectivity of their indigenous culture to the Spanish colonial rule (Weaver, 1993). Generally, theaexisting Mesoamerican cultural heritage, especially for the. n. iv l C n h eidentified indigenous groups within the region, can be n g c hbyi theUexistence of language used and cultural practices.. A report says that the Maya civilization is not only known as the most dominant indigenous group in the region but also considered as the only indigenous group in the Mesoamerica that is not significantly scattered within the population (History.com, 2009). Therefore, making them concentrated in a single central geographical block in Guatemala, Mexico and Belize. As a matter of fact, the concentration has, for decades, acted as a source of security for the Mayan societies compared to other Mesoamerican indigenous groups. This has significantly contributed. 3 DOI:10.6814/NCCU202100255.

(12) to the existence of the Maya in the current community with different issues to overcome in changing civilizations. In Table 1 below, illustrates the different human rights of all three countries. The indigenous human rights are depicted by various factors. These factors include the right to hold land, the right to have customary law, right to vote for political party, right to be free from arbitrary arrest, level of bilingualism, access to health and the right to be free from discrimination is respected. These different factors constitute the human right conditions in Belize, Mexico and Guatemala. Hence the check mark indicates that the right is present, the x. 政治大. mark indicates that the right is not present and the triangle indicates that the right is present but. 立. not respected. Therefore, the goal of this table is to depict the different human right conditions in. ‧ 國. 學. these Mesoamerican Countries.. ‧. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. 4 DOI:10.6814/NCCU202100255.

(13) Table 1: Comparison of Indigenous land, political and civil rights Title. Belize. Guatemala. Mexico. Right to Land, Territories and Natural Resources is respected. ✓1. ▲2. ✓3. Right to have Customary Law. ✓4. ✗5. ✓6. Right to Vote for Political Party. ✓7. ✓8. ✓9. ▲11. ▲12. ✓13 (Secondary Level). ✓14 (Secondary Level). ✗16. ✓17. ▲19. ✓20. Right to be Free from Arbitrary Arrest is respected. 立. ✓15. Nat. er. io. sit. y. ‧. ✓18. Right to be free from racial discrimination is respected. 學. Relatively High Access to Health. ✓. ‧ 國. Right to Bilingualism (all levels). 10 政治 ✓大. n. The rights to property is affirmed in section 3 (d) and 17 (p.8 & 19)a of the Belize Constitution,i v21st September 1981, as amended to 2011: l C https://www.refworld.org/docid/3ae6b57f4.html (Accessed June 5th, 2020) hengchi Un 2 Article 39 and 67 of the 1985 Guatemalan constitution (reformed in November 1993) presented private property as a fundamental right to all citizens. Furthermore section 67 (p.13), referenced special protection by the state of indigenous land: https://www.acnur.org/fileadmin/Documentos/BDL/2001/0134.pdf (Accessed June 5th, 2020) See also Guatemala Ratifies the International Labor Organization 169 in 1996 which requires the government to respect land rights: https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_008061/lang-en/index.htm#:~:text=Guatemala%20Ratifies%20Convention%20Guaranteeing%20Indigenous%20Rights,ILO%2F96%2F20&text=169%2C%201989).,the%20country's%20majority%20Mayan%20population.&text=It%20also%20requires%20governments%20to,of%20trib al%20and%20indigenous%20peoples (Accessed June 5th, 2020) 3 Article 2 (section V and VI, p. 4) of the February 5, 1917 Mexico’s Constitution with significant amendments to indigenous rights in 1992 and 2001 (See Global Americans, 2017) states that indigenous people/communities are entitled to maintain and improve their habitat and preserve the integrity of their lands: https://www.constituteproject.org/constitution/Mexico_2015.pdf?lang=en (Accessed June 25th, 2020) 1. 5 DOI:10.6814/NCCU202100255.

(14) 4 The Maya Customary law is now part of Belize common law. The Mayas assertion to ownership of ancestral land in compliance with that they have their own form of autonomy. Furthermore, section 16 (p. 17 &18) subsection (1) (3) (4c) of the Belize’s Constitution, 21 s to 2011 indicates that customary law is present but the law should not be discriminatory of itself or in its effects: https://www.constituteproject.org/constitution/Belize_2011.pdf?lang=en (Accessed June 20th, 2020). 5. The right to indigenous customs, traditions and social organizing are affirmed in Article 66 (p.24) of the Guatemala’s Constitution 198 https://www.constituteproject.org/constitution/Guatemala_1993.pdf (Accessed June 5th, 2020) However, this does not include autonom 1999 reform was rejected, the rights of indigenous people to exercise their own form of law and authority is unrecognized (See Rachel S Indigenous rights in Guatemala, 2007) 6. Article 2 (section A, p. 3) of the February 5, 1917 Mexico’s Constitution with significant amendments to indigenous rights in 2001 (See states that indigenous people has the right to self-determination, the right to culture and selfgovernment:https://www.constituteproject.org/constitution/Mexico_2015.pdf?lang=en(Accessed June 25th, 2020). Also note the signin g Accord in 1996 and the Oaxaca state legislature approved a change in the state constitution to allow the election of municipal authoritie in recognition of the indigenous autonomy movement in 1997.. 政治大. 7 The rights to vote is highlighted in Preamble section E (p.7) of the Belize’s Constitution, 21st September 1981, as amended to 2011: https://www.constituteproject.org/constitution/Belize_2011.pdf?lang=en (Accessed June 20th, 2020). 立. 8. ‧ 國. 9. 學. The rights to vote is highlighted in article 136 (p.44) of the Guatemala’s Constitution 1985, as amended to 1993: https://www.constituteproject.org/constitution/Guatemala_1993.pdf (Accessed June 5th, 2020). 10. ‧. Article 35 (section I, p. 43) of the February 5, 1917 Mexico’s Constitution affirms that every citizen has the right to vote and hold publ https://www.constituteproject.org/constitution/Mexico_2015.pdf?lang=en (Accessed June 25th, 2020) The Mexico law review also reaffirm http:// www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782012000100001 (Accessed June 28th, 2020). er. io. sit. y. Nat. The rights to be free from arbitrary arrest is stated in section 14 (p.17) of the Belize’s Constitution, 21st September 1981, as amended person should not be subjected to unlawful or arbitrary interference and the private life should be respected. Section 9 (p. 9) also highlight or entry: https://www.constituteproject.org/constitution/Belize_2011.pdf?lang=en (Accessed June 20th, 2020)The CJPME Foundation 2 Rights report stipulates that arbitrary arrest is respected.. n. The rights to be free from arbitrary arrest is stated in article 6 (p.13)a of the Guatemala’s Constitution, 1985, as amended to 1993 which iv l C not be detained or arrested unless a crime or offense is caused in accordance with the law: https://www.constituteproject.org/constitution/ n U (Accessed June 5th, 2020) . However, numerous Reports of arbitrary arrest h is e assented n g c hin iCJPME Foundation: Guatemala’s Scorecard 2016 the 2013 Country Report on Human Rights Practices, section (d): https://www.refworld.org/docid/53284ad514.html (Accessed June 5th 11. 12. Article 16 (p. 17 & 18) of the February 5, 1917 Mexico’s Constitution affirms that each citizen has the right to privacy and protection https://www.constituteproject.org/constitution/Mexico_2015.pdf?lang=en (Accessed June 25th, 2020)Notably, reform was made to artic which included the figure of “arraigo” that entails a preventative measure to assure the availability of offenders during pre and post crim “arraigo” reform was unconstitutional and protects law enforcement from being investigated from allegations of torture and arbitrary di s https://tbinternet.ohchr.org/ Treaties/CAT/Shared%20Documents/MEX/INT_CAT_NGO_MEX_12965_E.pdf (Accessed June 25th, 202 arbitrary arrest is stated in CJPME Foundation 2016 Mexico’s Scorecard Human Right reports. 13 Article 76 (p. 26) of the 1985 Guatemala’s Constitution with significant reforms to indigenous education in 1991 (See Global Americ National Education Law that stipulates importance of bilingual education in accordance with Guatemala multiethnic society: https://www.constituteproject.org/constitution/Guatemala_1993.pdf (Accessed June 5th, 2020). 6 DOI:10.6814/NCCU202100255.

(15) 14 Article 2B section II (p. 5) of the February 5, 1917 Mexico’s Constitution with significant reforms to indigenous education in 2010 (Se affirms that bilingual and cross cultural education is established for indigenous people and a scholarship system is set in place for them. assented that teachers in indigenous regions should possess bilingual certifications https://www.constituteproject.org/constitution/Mexico_2015. June 20th, 2020) 15 The rights to healthcare is highlighted in Preamble section B & E (p.7) of the Belize’s Constitution which affirms that there is a just s basis of equality and section E states that there is a basic right to healthcare for citizens, 21st September 1981, as amended to 2011: https://www.constituteproject.org/constitution/Belize_2011.pdf?lang=en (Accessed June 20th, 2020) 16 The rights to healthcare and social security is highlighted in section 7, article 93 of the Guatemala’s Constitution 1985, as amended to enjoyment of health is a fundamental right without discrimination. Pan American Health Organization: A Country’s Report 2015: Guatem indicators to health for the indigenous population is primarily low: https://www.paho.org/salud-en-las-americas2017/?page_id=127#:~:text=It%20covers%2070%25%20of%20the,access%20to%20private%20health%20insurance (Accessed June 5 17 Article 2B section III (p. 5) of the February 5, 1917 Mexico’s Constitution with significant reforms to the health care system in 2003 has effective access to health services by increasing the coverage of national health services and Article 4 of the constitution affirms tha health https:// www.constituteproject.org/constitution/Mexico_2015.pdf?lang=en (Accessed June 20th, 2020) The 2003 Social Health P “Seguro Popular” program which was design to provide health services to individuals that are not affiliated with any social security inst https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5829015/ #:~:text=In%20Mexico%2C%20the%20Seguro%20Popular,with%20any%20s n.&text=As%20mentioned%20earlier%2C%20the%20Seguro,was%20formally% 20created%20in%202003 (Accessed June 20th, 2020 18 The rights to racial discrimination is affirmed in section 16 and subsection (3) (p.18) of the Belize’s Constitution, 21st September 1981, sections highlights that no person shall be treated in a discriminatory manner by any person or authority: https://www.refworld.org/doci June 5h, 2020) The CJPME Foundation 2019 Belize’s Scorecard Human Rights report assented that discrimination is respected. 19 Article 3 & 4(p. 12) of the of the Guatemala’s Constitution 1985, as amended to 1993 affirms that each citizen has the right to life, fre https:// www.constituteproject.org/constitution/Guatemala_1993.pdf (Accessed June 5th, 2020) Furthermore in 1997, ILO 169 affirms th enjoy human rights and be free from discrimination. However, numerous Reports of discrimination is assented in CJPME Foundation: G 20 Article 1 (p. 3) of the February 5, 1917 Mexico’s Constitution with significant reforms to protection of discrimination in 2003 (See G that equality amongst citizens are encouraged and discrimination of any form is prohibited https://www.constituteproject.org/constitution/ (Accessed June 25th, 2020) 2003 reform entails the approval of the federal law to prevent and eliminate discrimination which creates act people. This law was a l 2016 Mexico’s Scorecard published and approved in June 11, 2003. Also the CJPME Foundation i v Human Rights re discrimination is respected.. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. Ch. n engchi U. 7 DOI:10.6814/NCCU202100255.

(16) Interestingly in table 1 above, the Mayas who are found in all three countries face different land, political, and civil rights. This can be anticipated by many factors that can be traced to the colonial period. According to Wiegand (2005) during the colonial period, while the Spanish were claiming the Maya region, regions such as Belize were neglected because the colonial rule failed to suppress the Maya population and the Spanish crown declined to supply the large size of armed forces needed to contest the strong British fleet who needed to safeguard their settlements and logging investment in Belize. Therefore, Mesoamerican countries have a variation on the colonial influence that contributed to the real difference specifically on issues. 政治大. concerning land, political, and civil rights. At the same time, the Spanish colonial power never. 立. accounted for the future economic value of Belize; as a result, the occupants of significant. ‧ 國. 學. portions of southern Belizean lands got the opportunity to maintain their lands which is depicted. ‧. as a check mark in Table 1. Additionally, customary land management systems were also maintained. As such, Mayan communities in Belize and Mexico were less suppressed when. y. Nat. er. io. al. iv n C h ecolonial On the other hand, the attempt by the h i toUchange the Maya cultural systems, n g c rule n. have.. sit. compared to those in Guatemala because of the economic value that the country was perceived to. which was hugely connected with the practice of milpa cultivation, significantly influenced the variation of rights in different countries. For instance, the loss of cultural traditions associated with the milpa eroded the cultural system that protected land rights (Jones, 2011). Therefore, such an element of undermining the cultural system weaken the Maya communities in countries like Guatemala, making it challenging to create a productive and successful resistance and thus making it difficult to protect their rights as an indigenous community. Hence land and customary rights are depicted as a triangle symbol which indicates that the law is present but not enforced.. 8 DOI:10.6814/NCCU202100255.

(17) However, the Maya communities resisted the British colonial government from logging in the Belizean region reserving community lands. Additionally, Guatemala court’s misplacement of lawful information related to title deeds made it difficult for the Maya communities in the country to prove legal ownership of the land (Jones, 2011). As a result, land consolidation took place, benefiting the landholding elites as well as companies. Another element that has significantly contributed to the variation of rights for the Maya indigenous groups in the Mesoamerican region is the type of government and constitution that different countries have experienced over time. For instance, the Constitution of Guatemala has. 政治大. not institutionalized provisions to cater for other indigenous communities’ specific rights when. 立. compared to constitutionalized institutional indigenous rights in Mexico. According to Jones. ‧ 國. 學. (2011), the Guatemalan and the Belizean Government seem not to prioritize the need of. ‧. indigenous communities as a result of giving room for the elite and other elite associated societies, including the foreigners to have their rights protected compared to other groups in the. n. al. er. io. sit. y. Nat. country.. 1.2 Belize, Mexico and Guatemala Comparison C. hengchi. i n U. v. The goal of this section is to give an in depth comparison of the indigenous human right conditions in the three countries depicted in Table 1. It is evident that the table shows a variation of human rights in these three countries with similar background. The political, land and civil rights that is shown in Table 1 will be compared in the discussion below with supporting literature. Belize: The Inter-American Commission on human rights IACHR of 2004 recommended that Maya customary title be recognized and protected in Belize (Cerna, 2004). As a result, called for 9 DOI:10.6814/NCCU202100255.

(18) the delimitation, demarcation and titling of traditional lands for the Mayans. According to Sen et al. (2011), the universal periodic report UPR of 2009 depicts that the Belizean Supreme Court in 2007 and 2008 affirmed that the Mayans had customary land rights. The government ordered to comply by delimiting, demarcating and documenting Maya land titles. Besides this, the report accounted for communal property rights by recommending improved accountability regarding allegations of abuse, misconduct as well as violence specifically by the public agents. At the same time, the Belizean governmentʼs decision to use the bilingual intercultural mode of education was one tool for preserving the indigenous language. Through decades of integration. 政治大. of indigenous language and culture into the curriculum, this has contributed to the levels of. 立. bilingualism in the country.. ‧ 國. 學. According to Assembly (2007), The United Nations Declaration on the Rights of. ‧. Indigenous Peoples (UNDRIP) advocated for the respect of Maya peopleʼs land, territories and resource rights. Besides these, it also advocated for the right to consultation and cooperation in. y. Nat. er. io. sit. articles 26, 32, and 38, respectively. Therefore, to a certain degree, voting for the United Nations Declaration on the Rights of Indigenous a Peoples (UNDRIP) by Belize facilitated the human. n. iv l C n h e n gconstraints rights upholding standards despite facing different c h i U in the protection process. The United Nations Human Rights Committee, in conjunction with the Maya leadersʼ alliance, advocated for the Belizeanʼs compliance with the international covenant on both civil and political rights for the Mayans. Therefore, human rights treaties signed by the country with the international agreement on civil and political rights that adhere to the Committee of the International Covenant on Civil and Political Rights (ICCPR), in addition to the convention to eliminate all forms of racial discrimination, contributed to the right of free from discrimination in Belize for the indigenous communities (Tomuschat, 2008).. 10 DOI:10.6814/NCCU202100255.

(19) Guatemala: The United Nations in 2015 considers high levels of poverty and violence in Guatemala as a significant aspect that has a substantial influence on human rights. Thus it facilitates the violation of civil, political, and cultural rights. However, in agreement with most Guatemalan civil societies, the structure of the state has been the principal obstacle depriving its indigenous citizensʼ fundamental rights. Therefore, with the majority of the privileges going to a small part of the population, the indigenous communities in addition to women human rights, are hugely violated. For instance, the plight of the indigenous communities is a structural tendency that. 政治大. facilitates high levels of racism and discrimination. The indigenous communities have a right to. 立. vote courtesy of the congress that made appropriate amendments to the political partiesʼ law and. ‧ 國. 學. electoral law, which facilitated the democratization of political parties. However, according to. ‧. Guatemalanʼs human rights defenders, the structure impunity surrounding the countryʼs justice system has continued to weaken the rule of law, making it difficult for the indigenous. y. Nat. er. io. sit. communities to enjoy most of the fundamental human rights (Costanza, 2015). According to The Inter-American a Commission on Human Rights IACHR (2015), the. n. iv l C n h e nregulations observations that Guatemala lacks appropriate g c h i inUaddition to active social rights. protection strategies specifically for the indigenous communities affecting indigenous territorial and land rights which can be depicted in Table 1 as a triangle symbol. Indicating a lack of respect and enforcement of human rights as provided by the principles of the Peace Accord. Although the American IACHR convention provides for the reasons of free of discrimination, it raised concern regarding different levels of discrimination and social exclusion of the indigenous communities in Guatemala. Thus, it is in this regard that human rights have been suppressed in Guatemala because of the omissions existing in law hindering the right enjoyment. Besides this,. 11 DOI:10.6814/NCCU202100255.

(20) the Commission opined that there are inadequate adjustments in national legislation. Furthermore, the CJPME Foundation (2016) human rights report declares that the rights of national/racial/ethnic minorities (e.g. discrimination) is largely disrespected in Guatemala compared to its neighboring countries Belize and Mexico that have their rights for ethnic minorities (discrimination) being respected. The state of Guatemala is a significant barrier to not only accessibility but also the availability of fundamental human rights in the country. According to the state, the IACHR had not been empowered to interpret laws, or consider the right to constitution a non-active binding. 政治大. agent between people and the consultation (Costanza, 2015). Most interestingly, the stateʼs. 立. declaration that the constitution and natural resources belong to the nation and not the individual. ‧ 國. 學. is a single line of government suppressing human rights. However, The IACHR (2015) asserted. ‧. that members of indigenous communities have a right to own natural resources that the communities have traditionally used in their territories and they can own land. Although the state. y. Nat. er. io. sit. is in contention, the impact of the Inter-American Human Rights System (IAHRS) also calls for the establishment of consultation ofathe country with indigenous communities as an obligation of. n. iv l C n hen the state depicting the stateʼs failure to uphold human h i U g c rights.. Although the constitution of the country has its article 93 recognizes healthcare enjoyment as a fundamental right without discrimination of the indigenous communities. The IACHR (2015) established that indigenous people lacked adequate and accessibility to health services due to factors such as human capital and medical resources. Besides this, the Commission determined that geographical barriers significantly influence the delivery of healthcare services. The revolutionary government of Guatemala significantly contributed to the levels of bilingualism in the country as it facilitated bilingual education, although it declared. 12 DOI:10.6814/NCCU202100255.

(21) Spanish as a national language of instruction. It is making bilingualism dominant at a secondary level in indigenous areas and contributing to the countryʼs multiethnic, as well as multilingual nature. Mexico: The United Nations declaration on human rights (2013) provided for the respect of indigenous people in Mexico. Indigenous peopleʼs rights are required to be acknowledged and promoted by depending on the UN declaration as a basic framework of achieving the required standards of human rights that are primarily affecting the indigenous people. Such rights include. 政治大. those associated with justice, lands, territories, language, constitutional reforms, and natural. 立. resources. The Mexican constitutions account for indigenous peopleʼs rights to different aspects. ‧ 國. 學. such as no-discrimination, autonomy, education and infrastructure. However, because different. ‧. states have various constitutional provisions, still indigenous communities face constraints regarding the local legislation in recognizing indigenous communities at the national levels. The. y. Nat. er. io. sit. IACHR (2016) acknowledged that Mexico had established public policies following the international human rights law. As aa result, they are improving the legislative, constitutional, and. n. iv l C n h ecommunities, institutional terms to facilitate its indigenous enjoying the fundamental human ngchi U rights. Besides this, the IACHR (2016) asserted that Mexicoʼs adoption of the adversarial criminal justice system significantly benefited in the protection of human rights in Mexico.. According to the Nation Program on Human Rights (NHDP), 2014-2018 advocated for the implementation of 2011 constitutional reforms in matters concerning human rights. American Declaration on the right to equality before the law for the indigenous communities elaborated that such people have a right to exceptional legal protection and free of discrimination. Through this, Mexico can protect indigenous peopleʼs life, property and liberty. The Mexican constitution. 13 DOI:10.6814/NCCU202100255.

(22) provides political rights for the indigenous communities in Article 35. Thus, there is recognition of traditional indigenous institutions and different custom practices. According to IACHR report, there is consistency in Mexico regarding political pluralism, and the right to participate in matters of politics. Mexicoʼs constitutional principles to respect indigenous cultures facilitates the development of traditional cultures, interests and priorities. Hence, as depicted in Table 1 and elaborately illustrated in the comparison above, it can be perceived that there is a variation of indigenous human rights in these Mesoamerican countries that have similar background. Furthermore, Belize and Mexico enjoy more indigenous. 政治大. human rights as opposed to Guatemala that has less rights being respected and enforced. So in. 立. this research Guatemala is the deviation from its Mesoamerican counterparts being Belize and. ‧ 國. 學. Mexico.. ‧. Table 2 illustrates the comparison of the indigenous populace for all three countries. The table depicts significant factors to establish some similarities and differences between the three. y. Nat. er. io. sit. countries. These factors include percentage of indigenous people, population size, type of indigenous people, GDP in trillions, a GDP per capita and regime type. These different factors. n. iv l C n h e nsize gives us a comprehensive view of the populace indigenous people in Belize, Mexico i U g cforhthe and Guatemala. Therefore, the goal of this table is to depict the different indigenous population sizes in these Mesoamerican countries.. 1.3 United Nations Declaration on human rights of indigenous people. Belize United Nations systems in Belize (2013) submitted that Belize being party to human rights treaties, the country needs to respect human rights in different categories. As a result, the United Nations Office of the High Commissioner has significantly supported its national efforts 14 DOI:10.6814/NCCU202100255.

(23) to recognize, promoting and protecting human rights such as civil, cultural, political, social, and economic rights as declared by the United Nations. Furthermore, the system argued that the United Nations declaration has contributed to Belizeʼs respect for the rule of law. Besides this, the recognition of human rights multiculturalism, bilingualism and collective identity. In addition, it has a recognizable impact on peopleʼs participation in social and political development as well as equality with non-discrimination elements, especially for indigenous communities in accessing justices and other services such as health. The Declaration acts as a global consensus on the rights of indigenous peopleʼs rights. It provides a basis for establishing. 政治大. the right relationship between the state and its indigenous communities.. 立. United Nations Office of the High Commissioner (2013) submitted that the United. ‧ 國. 學. Nations declaration is an essential tool with individual rights for indigenous communities. The. ‧. office argues that both international laws, in addition to policies, account for the set threshold that different countries need to meet in terms of human rights recognition, protection, and. y. Nat. er. io. sit. promotion. Therefore, the Declaration provides for the state of Belize and its indigenous people regular guides in law and policy developments. According to the United Nations Office of the a. n. iv l C n h e n Declaration High Commissioner (2013), the United Nationʼs g c h i Uhas a significant recognition of the right to land, territories and resources for the indigenous people. The Declaration provides for the acknowledgment of indigenous people in articles 26 and 27 United Nations (2008). Although it is in general terms, the acknowledgment requires states such as Belize that voted for the Declaration to give legal recognition and protection to human rights related to land, territories, and resources. According to the United Nations (2008), indigenous peoples have their rights defined collectively. Thus the United Nations Declaration recognizes collective rights that the. 15 DOI:10.6814/NCCU202100255.

(24) international human rights system has not been pushing for. However, according to the Declaration, by Belize having adequate protection and promotion of individual rights, collective rights such as the right to culture and language can be recognized and enjoyed by the indigenous people. Rachel (2007) argued that, by the United Nations declaring the significance of equality and no discrimination on indigenous communities in articles 1 and 2 gives a justification that it is an approach to support the recognition and respect of indigenous peoplesʼ rights in Belize just as for the non-indigenous ones. United Nations systems in Belize (2013) established that following the United Nations. 政治大. Declaration on the Rights of indigenous people, Belize adopted a state party of the constitution. 立. that significantly considers human rights protection. Additionally, provides grounds upon which. ‧ 國. 學. discrimination has been prohibited, especially along the racial lines. Although the prohibitions. ‧. are meant to facilitate equality, reports show that there is relative access to aspects like health care as and education because of discrimination and poverty specifically for the Maya. y. Nat. er. io. sit. population. Mostly the existing discrimination is due to racial elements, and it has been anticipated to be due to the lack of acomprehensive anti-discriminatory legislation by the state of. n. iv l C n U never ratified any international h e n g cthe Belize. Although Belize is a party to the Declaration, h istate agreement regarding peopleʼs economic, social and cultural rights. According to Jones (2011), the nation of Belize was able to realize the provisions in the Declaration through a national court system. The author argued that it is through the court that the state had to recognize that the Maya people had a right to their lands owned currently and traditionally. Although, the right to natural resource ownership, including the surface and the subsoil resources. Furthermore, by accounting for the Belizean constitution and making article 26 of the United Nations declaration lawful by the Belizean courts significantly contributed to. 16 DOI:10.6814/NCCU202100255.

(25) the adherence to the signed agreements in upholding human rights specifically for the indigenous people like the Mayans. Additionally, the Belizean constitution provided for the protection of the right to property with adequate prohibitions against racial discrimination. Therefore, the national court system considered the United Nations Declaration in addition to the stateʼs constitution in determining that neglecting of the Maya community was not only a single line of racial discrimination but also denied the right to cultural property. Jones (2011) submitted that the Belizean courts, specifically the Supreme Court identified legal principles drawn from different cases of the Mayan people against the state. The legal. 政治大. principles complied with the UN Declaration that the state should protect its indigenous people. 立. in terms of their property and interests. In that regard, the government was required to recognize. ‧ 國. 學. indigenous peopleʼs land rights. Therefore, the reference to the UN Declaration helped the courts. ‧. to make useful interpretations, which contributed to the recognition of land rights for the general Maya communities. Through such descriptions, Belize has its people enjoy different rights and. y. Nat. er. io. sit. freedoms such as property ownership, religion, and bilingualism. They are making collective rights upheld as binding protectionafor the community as depicted by traditional land. n. iv l C n h e ntogdate. management practices that are still in existence chi U. United Nations Office of the High Commissioner (2013) documented that its promotion and protection of the rights of the indigenous people is in line with the UN Declaration. Thus by the body providing a section catering for indigenous peopleʼs rights is a source of empowerment. Most importantly, the legal and policy advice to different states such as Belize to not only enact human rights in the UN declaration but also to implement human rights. The effectiveness of the United Nations Office of the High Commissioner OHCHR working with other national human rights institutions in Belize on the implementation of the United Nations Declaration specifically. 17 DOI:10.6814/NCCU202100255.

(26) towards achieving the rights of indigenous peoples has facilitated the relationship between the state of Belize and its indigenous communities. As a result, it has made massive contributions to the development of national and local laws and policies in Belize to promote human rights. Guatemala Rachel (2007), summarized at the United Nations Declaration, required states party to have an obligation to consult its indigenous communities. However, compared to Mexico and Belize, Guatemala significantly neglects to adhere to most aspects articulated in article 38-42 of the declaration. Thus considering consultation an element no grantee to indigenous people but. 政治大. the government. The author explained that, although Guatemalan constitutional court. 立. institutionalized the consultation principle as required by the international standards as a single. ‧ 國. 學. line of protecting the rights of indigenous people, the stand of the state of Guatemala that the. ‧. principle is not a binding agent seems not to secure the rights of the indigenous population. However, constitutionalism in Guatemala favors a small percentage of the community, whereas. y. Nat. er. io. sit. most indigenous people face different political realities. When compared to Belize, the national court system has not been effectiveain Guatemala because it is fully controlled by the. n. iv l C n h easna g government, which is governed by the elites largerhpopulation c i U of the country is made up of indigenous people. According to the United Nations (2008), the United Nations Declaration underpins specific principles anchored in international humanitarian laws. The declaration is supposed to be considered in compliance with the policies related to justice, democracy, non-discrimination equality, and respect for human rights. Unlike in Mexico and Belize, Guatemala has huge limitations that have, for decades, influenced undermining of human rights and freedoms as the country cannot meet most of the compelling requirements in the declaration. Whereas Mexico. 18 DOI:10.6814/NCCU202100255.

(27) and Belize account for the provisions in the United Nations declaration regarding indigenous peopleʼs rights to land, territories, and natural resources, Guatemala denies its indigenous populationsʼ requirements declared in articles 10, 26, and 32. According to Rachel (2007), the declaration prohibits forceful removal of indigenous people from the land and advocates for a free and informed consent before any agreement. Besides this, it also advocates for the right for indigenous communities to make land, resource, and territory development priorities and strategies. Interestingly, the state of Guatemala has significantly failed to adopt these requirements. Comparing Belize and Guatemala to Mexico,. 政治大. although both the Belize and Guatemalan government gives significant consideration for the. 立. needs of the elite against their indigenous population, Guatemala still has high levels of. ‧ 國. 學. inequality making the number of weak indiegnous community member to increase (Canelas and. ‧. Gisselquist, 2018). Even though the state of Guatemala signed the United Nations Declaration, the governmentʼs decision to limit communal rights influences the equitable land distribution. y. Nat. er. io. sit. Although the United Nations declaration provides for essentials to reduce damages on the cultural integrity of the indigenousacommunities, the Guatemala government dispossess its. n. iv l C n indigenous communitiesʼ land, territories,h and natural h i U Besides this, it fails to account en g c resources. for article 9 by failing to protect indigenous people from discrimination by lacking effective measures to recognize and protect such rights. For instance, the Guatemalan Constitution of 1985 was the first to acknowledge that the state encompasses “different ethnic groups, including indigenous groups of Maya origin” (Guatemalan Constitution 1985, articles 66-70). Moreover, customary law is recognized in article 66 of that documents as the state commits itself to acknowledge, respect and promote the ways of life and the social organization. However when it comes to natural resources the government declined issues related to land and territory. 19 DOI:10.6814/NCCU202100255.

(28) autonomy. Unlike Mexico and Belize, Guatemala subjecting constitutional reforms aimed to favor the indigenous population to a popular referendum, which failed is an indicated lack of an appropriate measure to account for indigenous peopleʼs interests (Carey, 1999). With the Guatemalan courts refusing to interpret what right to culture entails compare to the various interpretations made by the Belize court regarding matters enshrined in the United Nations Declaration is undermining the promotion, protection, and respect for indigenous human rights. It is because the legislature appoints judges of courts. As a result of helping the government limit political realities for the indigenous communities.. 政治大. United Nations Office of the High Commissioner (2013) asserted that it is offering. 立. technical assistance to the government of Guatemala in terms of advising its institutions to. ‧ 國. 學. promote and protect rights for indigenous people. Making the rule of law strong, protecting. ‧. human rights development, countering discrimination are among the priorities for the office to facilitate respect for indigenous peopleʼs rights. However, the government is still reluctant,. y. Nat. er. io. sit. especially in a matter dealing with territorial concession. According to the office, the lack of recognizing peoplesʼ rights related ato land, territories, and natural resources justifies a lack of. n. iv l C n hen equality and discrimination for the indigenous communities. g c h i UBesides this, Guatemalaʼs signing of the international labor convention that covers indigenous peopleʼs customary laws, health and land has not been significantly honored by the state. It thus influences the general life of the indigenous communities as they lack full control of their land and resources, as advocated in the United Nations Declaration. Costanza (2015) opined that Guatemalaʼs reluctance in accounting for fundamental human rights is due to the lack of political representation by the government and also the state’s willingness to adhere to previously endorsed documents such as the ILOC 169 which. 20 DOI:10.6814/NCCU202100255.

(29) emphasized on the right to prior consultation. As a result, violation of human rights specifically those related to natural resources. Most of the natural resources were found in the lands and territories occupied by indigenous people; thus, any violation of these rights affected the stability of indigenous communities. Additionally, the criminalization and intimidating of the human rights defenders is not only against the United Nations Declaration that Guatemala is a party to but also an indication of suppressing the rights to arbitrary. Guatemala, as a state, making clear that the United Nations Office of the High Commissioner has no mandate to advise the country in matters regarding indigenous peoplesʼ right to land, territory, and natural resources are. 政治大. indicators that the state has neglected its responsibility and compliance to the United Nations. 立. Declaration. Therefore, the eviction of indigenous people from their lands has undermine the. ‧ 國. 學. respect, promotion, and protection of the rights of indigenous people, specifically collective. Mexico. ‧. rights.. y. Nat. er. io. sit. According to the United Nations Human Rights office of the High Commission (2013), compared to Belize and Guatemala,aMexico stands out as one of the Mesoamerican countries. n. iv l C n h eoriginal that have a significant implementation of the h i U The office argued that by the n g c declaration. government of Mexico together with other bodies such as the United Nations Development Fund (UNDP) and the Inter-Parliamentary Union (IPU) producing a handbook for parliamentarians, the government seeks to promote the levels of participation for the indigenous people in lawmaking and national decision making. By establishing inclusive government equality for the indigenous people at national, institutional, and local levels can be achieved in accordance with the provisions of the United Nations Declaration on indigenous peopleʼs rights. CounterVortex (2006) submitted that Mexico gave full support for the United Nations. 21 DOI:10.6814/NCCU202100255.

(30) Declaration on the rights of indigenous people. However, CounterVortex further argues that, generally, Mexico depicted high levels of weaknesses in guaranteeing the indigenous communities their rights to land as required in the declaration. However, the author acknowledges that Mexicoʼs contribution to the United Nations Declaration is a critical aspect for not only the protection of indigenous people but also for environmental protection. According to the United Nations (2008), all countries that are party to the declaration on the rights of indigenous people such as Belize, Guatemala, and Mexico have to observe indigenous peopleʼs rights. For instance, the right to self- determination, free of discrimination, together with rights. 政治大. associated with political, legal, cultural, and social institutions. Most importantly is the. 立. affirmation that indigenous people should have control of their genetic diversity, native land, and. ‧ 國. 學. environment.. ‧. The United Nations Declaration on the rights of indigenous peoples forms a single line of inspiration and motivation for Mexico to move towards respecting, promoting, and protecting. y. Nat. er. io. sit. human rights. As a result, Mexico indigenous leaders have the opportunity to continue committing themselves in promoting a indigenous peopleʼs political participation as well as in. n. iv l C n h e nprovided leadership. Although the Mexican constitution g c h iforUfundamental human rights for the indigenous people that is compliance with the United Nations Declaration, there still exists legislation that limits indigenous people from enjoying their rights. This can be recognized in Mexicoʼs national constitution. However, there are different institutional frameworks and political entities working towards developing policies that promote indigenous peopleʼs rights. According to the United Nations Human Rights office of the High Commission (2013), the use of the U.N Declaration on the rights of indigenous people as an essential tool for promoting and protecting such peopleʼs rights. However, indigenous organizations point. 22 DOI:10.6814/NCCU202100255.

(31) constraints related to land, natural resources, territories, justice, education, language, and constitutional reforms. Such limitations have contributed to the high levels of poverty amongst the indigenous people when compared to the non-indigenous people not only in Mexico but also in Belize. However, it is an unacceptable condition because Mexicoʼs natural resources are significantly found in territories and land of the indigenous communities like Oaxaca and Chiapas. United Nations (2008), argued that the United Nations Declaration acts as a pull towards compliance for Mesoamerican countries with respect to international law, domestic law, and the development of the law.. 政治大. Similar to Belize, Mexicoʼs examination and compliance with the United Nations. 立. Declaration to recognize indigenous people have contributed to its conformity to the. ‧ 國. 學. international legal norms, including the international labor organizations convention, unlike. ‧. Guatemala. However, the government needs to have an effective investigation that can help it curb the violation of human rights of the indigenous communities that have been experienced in. y. Nat. er. io. sit. the recent past in Oaxaca and Chiapas (Speed and Collier, 2000). Moreover, unlike Guatemala, the government of Mexico followsanot only the declaration provided by the United Nations but. n. iv l C n also other international communities suchh asethe United i U High Commissioner for Human n g c h Nations Rights, international human rights organizations to improve the situation in Mexico regarding the rights of indigenous communities. Fernández (2019) argued that although the U.N Declaration has had a significant impact on making Mexico recognize the rights of indigenous communities, still people from communities such as the Maya are not adequately being consulted following the provisions of the United Nations Declaration. The aspects also pose constraints for Mexicoʼs indigenous population by making them vulnerable as there are limitations to health care accessibility.. 23 DOI:10.6814/NCCU202100255.

(32) Arguably, for the indigenous population despite the limitations, Belize and Mexicoʼs indigenous peopleʼs health is higher compared to those in Guatemala. Mexico continues to recognize the rights of indigenous people because the general population of Mexico considers itself native due to the high number of indigenous languages spoken in the country that is 68 languages (Hamel, 2016). Also, the national legislation and international law significantly account for measures of doing away with poverty, inequality, and discrimination to meet the international standards declared. Compared to Guatemala, Mexico hugely considers attaining the international standards. 政治大. set out in the United Nations Declaration regarding the consultation of indigenous people on. 立. different social, economic, and political aspects to aid development. The United Nations. ‧ 國. 學. Declaration provides for the state responsibilities where states are required to be in consultation. ‧. with indigenous communities in articles 38 and 39 (United Nations, 2008). It is to facilitate the establishment of national legislation that can provide indigenous people with availability and. y. Nat. er. io. sit. accessibility to any assistance that can enable them to enjoy their rights. Also, it is the responsibility of Mexico to ensure a that indigenous people have their grievances and disputes. n. iv l C n h e n gorcindividual resolved to avoid infringing either their collective h i U rightsʼ as provided for in article 40 of the U.N Declaration.. 1.4 Human Right Protection Scores of Belize, Mexico and Guatemala The purpose of this section is to examine the human right violations of each country over the years and to see if there is an improvement of the human right scores when indigenous rights were given. This section provides empirical data that was retrieved from the Our World in Data website. This part has three section which is section 4.7.1 human right protection scores, 4.7.2 human right violation scores and 4.7.3 conclusion of indicators. The empirical data used in this 24 DOI:10.6814/NCCU202100255.

(33) chapter are the Human Right Scores (HRS) and Human Right Violations (HRV). It should be noted that the data used is the general human right index and not indigenous human right scores. The reason for this is that there is no index available for indigenous human rights in each respective countries. The three countries are depicted below with the respective colors: Belize (blue), Mexico (grey) and Guatemala (yellow).. Human Right Protection Score 1990-2017 2 1.5. 0.5. 立. 0. n. al. er. io. 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017. -3. Nat. -2.5. y. -2. Mexico. ‧. -1.5. Guatemala. sit. -1. Belize. 學. -0.5. 政治大. ‧ 國. Score. 1. Mexico n i C hBelize engchi U. vGuatemala. Figure 1.1 Degree of Human Rights in Mesoamerican Countries Source: Our World in Data (2019) The dataset used in this graph is called “Latent Human Right Protection Scores V3” which was initially developed by Schnakenberg and Fariss in 2014 and consequently updated by Fariss in 2019 (Our World in Data, 2019). Furthermore, the human right indicators illustrate the degree to which government bodyʼs safeguard and respect human rights. The data is from -3.8 to around 5.4 which signifies the higher the score the better. It can be observed that Belize has maintained its human protection rights since 2002 despite there is a drastic downfall in 2000.. 25 DOI:10.6814/NCCU202100255.

(34) However, in 2009, Belize human right protection score has continued to increase which indicates that the government prioritizes the protection of its people. Interestingly in Guatemala, human right protection score has remain low since 1990 and has meagerly increase since the peace negotiations of the 1996 Accords. It can be observed that Guatemala human right score remained significantly low in the negative for 11 years after the conclusion of the civil war in 1996. From 1996 to 2008, Guatemala has not prioritize its human right protection policies towards its people. This can be due to the legacy of the civil war as discussed in the previous case study. Since 2008 Guatemala human right protection has gradually increase to the positive. Lastly, Mexico is on the. 政治大. negative for protecting human rights. Despite it has developed economically and the human. 立. development is relatively high, the government doesn’t seem to protect and respect the human. ‧ 國. 學. rights of the people.. ‧. Human Rights Violation Scores of Belize, Mexico and Guatemala. y. Nat. n. al. er. io. 8. sit. Human Right Violations (2007-2014). 7 6. Ch. engchi. i n U. v. Guatemala Mexico. Score. 5 Belize. 4 3 2 1 0 2007. 2008. 2009 Belize. 2010. 2011 Mexico. 2012. 2013. 2014. Guatemala. 26 DOI:10.6814/NCCU202100255.

(35) Figure 1.2 Degree of Human Right Violations in Mesoamerican Countries Source: Our World in Data (2014) According to Our World in Data (2019) the violations of human rights are measured on an aggregated score system from 0 to 10 in which 10 is the worst. The aggregated score is based on many factors that include: civil liberties, political freedoms, human trafficking, press freedom, religious persecution and torture. Furthermore, the data has been published by Fund for the Peace NGO which focuses on developing practical tools for reducing conflict. Notably, this data only spans a time frame of eight years but it can give us an illustration of human right violations in each respective countries. Firstly for Belize it can be observed that human right violations has. 治政大 time span, Belize score has remained significantly low and consistent. Within the eight year 立 ‧ 國. 學. remained around 4. Secondly for Mexico human right violation has been on the increase since 2008 to 2013 which signifies that the government needs to prioritize its people more. Hence this. ‧. data relates with the previous human right protection score that indicates that Mexico needs to. sit. y. Nat. improve on its human rights policies and enforcement. Unsurprisingly, Guatemala human right. a. er. io. violations remain the highest, even more than Mexico as observed in the graph which indicates. n. l rights for its people nandi v enforcement of any rights is that Guatemala does not prioritize human nonexistent.. Ch. engchi U. Conclusion To conclude this section, it can be observed that Belize has the highest human right protection score and it has remained on the positive score throughout 1990 to 2017. Interestingly, Guatemala human rights scored remained on the negative from 1990 to 2008 and started to increase throughout the years. On the other hand Mexico’s human right protection score has been on the decline since 2007 despite the indigenous people enjoy more political freedom and rights. 27 DOI:10.6814/NCCU202100255.

(36) compared to Guatemala. As expected human right violations remain significantly high in Guatemala with the trend indicating that the government is maintaining these violations rather than trying to alleviate it. The trend for Mexico seems to be fluctuating with Belize’s score being the lowest. So, it can be deduce that despite the indigenous people of Guatemala not enjoying many indigenous rights, the respect for the little human rights given has been protected throughout the late twentieth century.. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i n U. v. 28 DOI:10.6814/NCCU202100255.

(37) Table 2: Comparison of Indigenous Population Belize. Guatemala. Mexico. % Indigenous People. 17%1. 44%2. 22%3. Population Size (total)4. 396,732. 17,877,782. 128,779,809. Population Size (Indigenous)5. 67,444. 7,866,224. 28,331,558. Mayas and Garifuna. Mayas and Zapotec. 立 Mayas and Garifuna. GDP million USD 20186. 1.9. 78.5. ‧. 4,885. 4,549. 1,220 9,673. er. io. sit. y. Nat. GDP pc (current US$) 20187. 政治大. 學. Type of Indigenous People. ‧ 國. Factor. al. n. iv. According to the Statistics Institute of Belize 2010 Census, Belize has 11.3% data is from C h Indigenous Mayans Uthn and 6.1% Indigenous Garifunas. This e n g cMay h i 10 http://sib.org.bz/wp-content/uploads/2017/05/Census_Report_2010.pdf(Accessed , 2020), p.20, Date Retrieved May 20th, 2020. 2 According to the Guatemala Census 2018, 43.56% of the population is indigenous including 41.66% Mayan, 1.77% Xinca and 0.13% Garifuna. Data is retrieved from https://www.censopoblacion.gt/mapas(Accessed May 12th, 2020), Date Retrieved May 20th, 2020. 3 The National Commission for the Development of Indigenous Peoples and the INEGI (official census institute), in 2015 assented that Mexico’s indigenous people constitutes 21.5% of the population size. Data is retrieved from https://web.archive.org/web/20151210230740/http://www.inegi.org.mx/est/contenidos/proyectos/encuestas/hogares/especiales/ei2015/doc/eic_2015_presentaci on.pdf(Accessed May 15th, 2020), Date Retrieved May 22nd, 2020. 4 Population Size is from https://www.worldometers.info/population/latin-america-and-the-caribbean/central-america/ based on Worldometer elaboration of the latest United Nations data in 2020, Date Accessed May 20th, 2020. 5 Indigenous Population size was calculated by using the Indigenous Population %. 6 Data of the Gross Domestic Product (GDP) 2018 is from https://databank.worldbank.org/source/world-development-indicators#(Accessed May 12th, 2020). 7 Data of the Gross Domestic Product (GDP) per capita 2018 is from: https://databank.worldbank.org/source/world-development-indicators# (Accessed May 12th, 2020). 1. 29 DOI:10.6814/NCCU202100255.

(38) Table 2 above also depicts the indigenous population amongst all three Mesoamerican countries. It can be observed that Mexico has the largest population size and Belize has the lowest. Interestingly, all three countries have the same indigenous groups being the Mayas and Garifunas. Furthermore, Guatemala has the most indigenous population being 40% compared to the other two countries. Hence there is a puzzle because as established in the previous section, Guatemala has lower rights being implemented and respected. Moreover, Belize and Mexico have approximately the same amount of indigenous people despite the difference in country size. Lastly, as expected Mexico has a higher GDP compared to its Mesoamerican counterparts. This. 政治大. can be a result of Mexico total economic output, net exports and government spending.. 立. Table 3, reflects the overall comparison of all three countries. The goal of this table is to. ‧ 國. 學. establish some similarities amongst these three countries. The overall comparison table has. ‧. various factors to compare, these factors include: official language, colonizers, regime type,. sit. y. Nat. countries independence, life expectancy, adult literacy and so on. These different factors should. er. io. establish a comparison between Belize, Mexico and Guatemala. It should also illustrate a. n. a l demographics, government comprehensive view of the geography, i v type and economy of the three countries being compared.. Ch. n engchi U. 30 DOI:10.6814/NCCU202100255.

(39) Table 3: Similarities of the three Countries 8 Factors. Belize. Guatemala. Mexico. Official Language. English. Spanish. Spanish. Colonizers. Britain. Spain. Spain. Regime Type. Parliamentary. Presidential. Presidential. Countries Independence. September 21, 1981. 15 September 1821. 27 September 1821. Life Expectancy (yrs.). 74.62. Adult Literacy9. 82.8%. Population Growth Rate. 1.8%. Education Expenditures. 75.07. 81.5%. 94.4%. 1.72%. 1.09%. 7.1% of GDP. 2.8% of GDP. 5.2% of GDP. Health Expenditures. 6.1%. 5.7%. 5.9%. Suffrage. 18 yrs.. 18 yrs.. 18yrs.. Birth Rate. 22.9 births/1,000 population. 24.6 births/1,000 population. 18.1 births/1,000 population. Death Rate. 4.2 deaths/1000 population C. 5 deaths/1000 population ni. 5.4 deaths/1000 population. Land Boundaries. Share Border. Share Border. Share Border. Geographical Region. Mesoamerica. Mesoamerica. Mesoamerica. Culture. Similar. Similar. Similar. Climate. Tropical. Tropical. Tropical. ‧ 國. 立. 學. 74.16. ‧. 政治大. n. er. io. sit. y. Nat. al. 8 9. hengchi U. v. All numerical data in the table is retrieved from Index Mundi https://www.indexmundi.com/ (Accessed May 18th, 2020). Data is 2015 to 2019. Adult Literacy for all three countries is retrieved from CPJME Foundation https://www.cjpmefoundation.org/ (Accessed May 18th, 2020). 31 DOI:10.6814/NCCU202100255.

(40) Although in Table 3 there are distinctions amongst the three countries Belize, Guatemala, and Mexico, notably there is a wide range of similarities among these countries, as depicted in the overall comparison table above. Belize, Guatemala, and Mexico are geographically located in the Mesoamerican region that is primarily made up of groups of indigenous regions that have been in existence since the pre-Columbian era, these indigenous regions include the Zapotec region, Maya region, Mixtec region, and Aztec region (Weaver, 1993). Interestingly, besides these countries being in the same geographical location, the countries share land boundaries.. 政治大 between Guatemala and Mexico. The 立fact that these countries share the same boundaries has. Arguably, Belize is between Mexico and Guatemala since it borders the Caribbean Sea that is. ‧ 國. 學. contributed to the sharing of other elements such as culture in terms of food, religion, traditional practices and groups of people. Also, the three countries are under the same tropical climatic. ‧. region and this has contributed significantly to these countries having the same land use, where. y. Nat. io. sit. agricultural land use is dominant. Other land uses include arable land use, permanent crops,. er. permanent pasture, and forests. Hence it is evident that these three countries share similar. al. n. iv n C background but have different human rights for indigenous people. h eoutcome ngchi U. Guatemala, Mexico, and Belize have a similar population growth rate and the same life expectancy period, with female having a slightly higher life expectancy when compared to males in all these countries. Despite Belizeans using English as their official language, Spanish is a predominantly used language used in the three countries because a large number of Belizeans use Spanish languages and are almost equivalent to those who use English. Although the three countries have differences in population size and budget expenditures, Guatemala, Belize and Mexico spend the same percentage of their GDP in healthcare. Futhermore, the states have other. 32 DOI:10.6814/NCCU202100255.