61
262. Given that fact, the Commission observes that the facts of the present case occurred
within a generalized context of internal forced displacement in Guatemala, particularly of the indigenous
population, and was caused by the internal armed conflict and the terror to which the indigenous
population was subjected. The Commission therefore concludes that the State of Guatemala is
responsible for violation of Article 22(1) of the American Convention, read in conjunction with Article
1(1) thereof, to the detriment of the survivors of the village of Chichupac and neighboring communities.
2.5.4. Rights to honor and dignity, freedom of conscience and religion, freedom of
association, and to participate in government (articles 11, 12, 16 and 23 of the
American Convention, read in conjunction with Article 1(1) thereof)
263. The Commission has written that for an ethnic group to be able to preserve its cultural
values, it is essential that its members be allowed to enjoy all of the rights set forth in the American
Convention on Human Rights, since this guarantees their effective functioning as a group, which
includes preservation of their own cultural identity.352 Particularly relevant, among others, are the right
353
to honor and dignity, freedom of conscience and religion, and freedom of association, which will be
examined below.
264. The Court has written that Article 11 of the Convention recognizes that everyone has
the right to have his honor respected, prohibits any unlawful attack on honor and reputation, and
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imposes on the States the obligation to provide the protection of the law against such attacks. The
Court has also held that the right to have one’s honor respected relates to self-esteem and self-worth,
whereas reputation refers to the opinion other persons have about someone.355
265. In the instant case, the Commission has taken as established fact that the Guatemalan
State regarded the Mayan people as guerrillas, the social base of the guerrilla forces, the enemy within
and subversives, all based on the National Security Doctrine and the Victory 82 Plan, thereby damaging
the Maya people’s reputation and violating their honor. This stigma was one of the main pretexts for
the atrocious persecution and annihilation of which they were victims.
266.
Here, the CEH wrote that:
[…] in most cases, the identification between the Maya communities and the insurgency was
intentionally exaggerated by the State which, drawing on traditional racist stereotypes, used this
form of identification to eliminate present and future possibilities of the population providing
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assistance to or joining any insurgent project.
352
IACHR, Report No. 86/10, Case 12,649, Merits, Community of Río Negro of the Maya indigenous people and its
members, Guatemala, July 14, 2000, par. 319.
353
IACHR, Report on the Situation of Human Rights of a Segment of the Nicaraguan Population of Miskito Origin,
November 29, 1983, par.14.
354
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No.205, par. 444.
355
I/A Court H.R., Case of Tristán Donoso v. Panama. Preliminary Objection, Merits, Reparations and Costs. Judgment
of January 27, 2009. Series C No. 193, par.57.
356
Annex 1. CEH, Memory of Silence, Volume V, Conclusions and Recommendations, par. 31.