Ethnic Discrimination and the Mayan Defense
Defensoria Maya (DEMA) is tearing down the political, legal, and social barriers that prevent Mayans from claiming their constitutional rights.
by Kevin Pepper
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| Mayan girls in Chuguexa, Guatemala By: Kevin Pepper/Oxfam America |
To any eye, Chuguexa, Guatemala, is the most humble of villages. Terraced dirt paths hem fields of maize and snake up steep valley walls to small, squalid, concrete structures that house extended families of twenty or more. Mayan children play in dirt-caked clothes, flanked by stray dogs scavenging for food. Disease and malnutrition are rampant, but as one villager points out, the nearest doctor is a long distance away and too expensive to use.
Despite this destitution, there is no mistaking a burgeoning sense of communal optimism. The mayor of Chuguexa recently solicited the aid of a Mayan legal organization, Defensoria Maya (DEMA), to resolve a community dispute that was preventing the clearing of a much-needed road through the village. Thanks to DEMA, the community now has its first road and the means to transport maize to market. More importantly, villagers have gained something the country's incipient democracy does not guarantee the indigenous people of Guatemala: representation and a road out of poverty.
DEMA has emerged as a powerful human rights advocate for the indigenous people of Guatemala. Headquartered in Guatemala City, with satellite offices in 10 regions, DEMA's teams of legal experts are tearing down the political, legal, and social barriers that prevent Mayans from claiming their constitutional rights.
A Legacy Of Discrimination
Five centuries after the Spanish conquest of Central America, the population of Guatemala is divided into the overwhelmingly poor, indigenous population (predominantly Mayan) and the more prosperous ladino (non-Indian) population. As in many post-colonial territories, cultural distinctions are not differences to be celebrated, but barriers that discriminate and divide.
Widespread ethnic discrimination prevents the Mayan people from having their most basic needs met. Representing an estimated 70 percent of the total population in the country, indigenous peoples have limited access to vital public services such as electricity, drinking water, and sewerage, and suffer from high rates of chronic malnutrition and preventable respiratory and infectious diseases.
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| Children gather in Chuguexa, Guatemala, on the only road in the village. Without the legal assistance of DEMA, the road could not have been cleared. By: Kevin Pepper/Oxfam America |
Certain aspects of Mayan culture make them vulnerable to discrimination. Most Mayans live in isolated communities, rarely in contact with the outside world. Communication among Mayan communities is hindered by linguistic barriers: twenty-three different dialects can be found in Mayan culture, some as distinct from each other as Spanish from Arabic. Their lives are governed by an ancient spiritual dictate to live in harmony with their neighbors, making them a peaceful and—by extension—a vulnerable people.
In recent years, a handful of organizations have committed to defending the rights of indigenous and other impoverished, voiceless, and underrepresented segments of Guatemalan society. DEMA has emerged as the strongest of these groups.
Making The Case
In 2002, DEMA assisted in more than 12,000 legal proceedings, about a quarter of them brought forward by women. DEMA has presented 18 accusations of human rights violations to the UN. Two of the most notable were convictions of people involved in massacres during the civil war. Both defendants were sentenced to 50 years in prison.
DEMA understands that the single greatest obstacle indigenous people confront is an official legal system which does not uphold their equal rights as national citizens. DEMA integrates traditional aspects of the Mayan legal system (Derecho Maya) with the official legal system in Guatemala (Derecho Positivo). The Mayan legal code has developed over thousands of years, and is unique in its emphasis on non-confrontational dispute resolution. Defendants and prosecutors are encouraged to resolve their disputes through reconciliation and open dialogue before they seek punitive litigation.
When conflicts cannot be resolved within the community, DEMA represents them in the official court of law to ensure that they receive a fair and impartial trial. Case by case, DEMA is strengthening the Mayan legal system, bringing it in line with the state justice system and international law.
Case In Point
In addition to ethnic discrimination, DEMA also addresses legal cases within Mayan communities, such as domestic violence, gender discrimination, and child custody disputes.
Manuela, married with three daughters, was abandoned by her husband, who sold off their property and possessions despite her legal entitlements. Manuela filed a lawsuit against her husband, but without sufficient funds and legal know-how, she could not navigate through the Guatemalan justice system. She appealed to DEMA, and within ten days she had full custody of her daughters, her former house, and enough money to support her family.