National and Regional Laws and Policies
on Internal Displacement

GUATEMALA


Background

National Laws and Policies Database

Civil war erupted in Guatemala in the early 1960s. The conflict reached its peak between 1981 and 1983 when over 200,000 people reportedly were killed or disappeared and a further half a million to 1.5 million were displaced. The signing of a peace accord in December 1996 marked the official end to the conflict.

Agreement on Resettlement of the Population Groups Uprooted by the Armed Groups (1994)

Purpose: First, to ensure that the uprooted groups fully enjoy all their fundamental rights; second, to ensure that these groups, which were socially, economically and politically marginalized, are reincorporated under conditions that will enable them to play a dynamic role in the development of the country; third, in recognition that these groups are particularly affected by poverty, to prioritize the fight against poverty; fourth, to strengthen the democratization of State structures to ensure that the rights and duties of these groups are protected from the local to the national level; finally, to promote genuine reconciliation and a ‘culture of peace’ (Objectives, p. 2).

Responsibilities: The Agreement is made between the government of Guatemala and the leftist guerrilla organisation, the Guatemala National Revolutionary Unity. The government is the responsible for implementing the majority of obligations identified in the Agreement, including the allocation and mobilization of national resources for poverty alleviation programs and in order to resettle the uprooted population.

guatemala Laws and Policies

Content: The Agreement applies to all persons uprooted by the conflict, including refugees, returnees and internally displaced persons (Definition 1, p. 1). The Agreement recognizes the option of uprooted populations to either return to their place of origin or resettle in another place of their choice (Definition 2, p. 2).

Other provisions of note include:

  • special protection of female-headed families, widows, orphans (section II (2));
  • recognition of the rights of indigenous communities (section II (3));
  • recognition of formal and informal education (section II (5.1));
  • replacement of personal documentation (section II (7));
  • security in land (sections II (8), (9)), land for resettlement (section III (2) - (4));
  • political rights (section II (10));
  • security of non-governmental organizations and churches (section II (11));
  • sustainable agricultural development projects (section III (1), (5), (6));
  • elimination of discrimination against women regarding land, housing, credits and participation in development projects (section III (8));
  • representation of uprooted population on Technical Committee (section V (2)).