identity249 or integrity, which is a fundamental and collect right of the indigenous
communities that must be respected in a multicultural, pluralist, and democratic society,250
such as that of Guatemala.
161.
In this regard, Bruna Pérez Osorio testified before notary public that:
“Two years after having taken refuge, we went to Pacux. At that time our life changed […].
Regarding our culture, it has also changed a great deal, because it is no longer practiced, unless it
is to commemorate those who died, but it’s not the same. It is different from what they did,
because it is only in commemoration.”251
162. Furthermore, among the facts of the instant case, it was established that the
massacres that occurred during the internal armed conflict in Guatemala, added to the
displacement of the members of the community of Río Negro and their resettlement in the
Pacux settlement, in precarious conditions, led to the destruction of their social structure,
the disintegration of the families, and the loss of their cultural and traditional practices, and
the Maya Achí language (supra paras. 61 and 87). All this has had an impact on the
collective life of the members of the community of Río Negro who, today, still live in Pacux.
In this regard, Bruna Pérez Osorio testified that, “in the community, only two people
practice natural medicine now, because they were already grown up when the massacres
occurred; the little ones did not learn these customs.”252 Also, Antonia Osorio Sánchez
testified by affidavit that:
“Now there is almost nothing left of our ceremonies, candles. Before, the tradition in Río Negro was
really nice because the community would get together on the day of Santa Cruz; we would provide
animals, the grandparents, who are very important, participated, and also the parents; we had a
great belief in our traditions […]. We no longer do the four dances like before […]. The
grandparents don’t participate anymore […] only the children […].253
163. For his part, during the public hearing held before this Court, Carlos Chen Osorio
stated that “[a]ll the previous customs […], everything was lost […].” Similarly, the Court
observes that, according to expert witness Itzep Manuel, the members of the community of
Río Negro who live in Pacux have suffered “major psychological and cultural harm, by being
unable to exercise their Maya Achí culture freely and creatively.”254
249
Cf. Case of the Yakye Axa Indigenous Community v. Paraguay. Merits reparations and costs. Judgment of
June 17, 2005. Series C No. 125, para. 135, and Case of the Xákmok Kásek Indigenous Community. v. Paraguay,
supra, para. 261. In the Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para. 213, the Court
recalled that the recognition of the right to cultural identity is a cross-cutting element and means of interpretation
to conceive, respect and ensure the enjoyment and exercise of the human rights of the indigenous peoples and
communities protected by the Convention and, according to Article 29(b) of the Convention, also of domestic law.
Furthermore, ILO Convention 169 recognizes the aspirations of the indigenous peoples “to exercise control over
their own institutions, ways of life and economic development and to maintain and develop their identities,
languages and religions, within the framework of the States in which they live.” Cf. ILO Convention concerning
Indigenous and Tribal People in Independent Countries, 1989 (No. 169), fifth considering preambular paragraph.
250
Cf. Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para. 217. The 2007 United
Nations Declaration on the Rights of Indigenous Peoples, widely accepted by having been adopted with the
signature of 143 States (including Guatemala), establishes the right of these peoples to freely determine their
political status and freely pursue their economic, social and cultural development, to participate in decision-making
in matters which would affect them, and to participate fully, if they so choose, in the political, economic, social and
cultural life of the State (Articles 3, 4, 5, 18, 19, 20, 23 , 32, 33 and 34).
251
Testimony provided by affidavit by Bruna Pérez Osorio on June 15, 2012 (merits file, tome II, folio 1015).
252
Testimony provided by affidavit by Bruna Pérez Osorio on June 15, 2012 (merits file, tome II, folio 992).
253
Testimony provided by affidavit by Antonia Osorio Sánchez on June 15, 2012 (merits file, tome II, folio
1024).
254
Expert opinion provided by Alfredo Itzep Manuel by affidavit (merits file, tome II, folio 1050).
63
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