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recognized in the American Convention. Thus, as a guarantee of non-repetition, the Court
considers it necessary to order the State to incorporate into the curriculum of the National
Education System, at all levels and within a reasonable time, an education program that reflects
the multicultural and multilingual nature of Guatemalan society, and promotes respect for and
knowledge of the diverse indigenous cultures, including their worldviews, histories, languages,
knowledge, values, cultures, practices and ways of life. This program should emphasize the need
to eradicate racial and ethnic discrimination, racial and ethnic stereotypes, and violence against
indigenous peoples, in light of international standards 369 on the matter and the jurisprudence of
this Court.
D.4.4. Strengthening the mechanisms to combat racial and ethnic discrimination
320. The Commission asked the Court to adopt the necessary measures to prevent similar acts
from occurring in the future, in accordance with the duty to protect and guarantee the human
rights recognized in the American Convention. The Court orders, as a guarantee of nonrepetition and given the extremely serious acts against the Maya Achí indigenous people
described in this judgment, and in view of the possibility that discriminatory attitudes and
feelings persist in society, that within a reasonable period of time, the State should improve and
reinforce the fight against all forms of discrimination and, in particular, against racial and ethnic
discrimination, strengthening the existing bodies or those that will be created for this purpose.
These bodies must ensure the direct participation of persons from vulnerable groups and must
also promote the reappraisal of native cultures, disseminating their history and richness. The
aim is to ensure that public policies and actions aimed at eradicating acts of racial discrimination
are effective and guarantee equality, recognition, respect and promotion of the rights of
indigenous peoples, thereby discouraging manifestations of racial and ethnic discrimination in
Guatemalan society.
E.
Compensation: Pecuniary and non-pecuniary damage
321. The Commission asked the Court to order the State to provide adequate reparation for the
human rights violations, both in the material and moral aspect.
322. The representatives asked the Court to order the State to pay compensation for pecuniary
and non-pecuniary damage, taking into account the seriousness, intensity and lasting effects of
the violations committed in this case; the suffering caused to the victims, their next of kin and
survivors due to the lack of truth, justice and comprehensive reparation; the impunity of the
perpetrators; the persecution and mass displacement; the suffering resulting from forced
displacement, including hunger, thirst, cold, heat, disease, destruction of the social fabric, the
uprooting from their lands and their culture that still persists; the destruction of their homes, the
theft of their animals, the destruction of their crops, harvests and material goods; and the damage
caused to the physical, psychological, moral and cultural integrity of these people as a result of
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On September 13, 2007, the UN General Assembly approved the United Nations Declaration on the Rights of
Indigenous Peoples, with Guatemala voting in favor. This establishes in Article 15(2): “States shall take effective
measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate
discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other
segments of society.” Moreover, Article 31 of ILO Convention No. 169 on Indigenous and Tribal Peoples, ratified by
Guatemala on June 5, 1996, establishes: “Educational measures shall be taken among all sections of the national
community, and particularly among those that are in most direct contact with the peoples concerned, with the object of
eliminating prejudices that they may harbour in respect of these peoples. To this end, efforts shall be made to ensure
that history textbooks and other educational materials provide a fair, accurate and informative portrayal of the societies
and cultures of these peoples.” In addition, the American Declaration on the Rights of Indigenous Peoples, adopted at
the 46th Regular Session of the General Assembly of the Organization of American States, held on June 13-15, 2016,
in the Dominican Republic, establishes in Article XV.5: “States shall promote harmonious intercultural relations, ensuring
that the curricula of state educational systems reflect the pluri-cultural and multilingual nature of their societies and
encourage respect for, and knowledge of, the different indigenous cultures. States, in conjunction with indigenous
peoples, shall promote intercultural education that reflects the worldview, histories, languages, knowledge, values,
cultures, practices, and ways of life of those peoples.”