right of the returned people to practice their culture and to associate amongst themselves and
organize themselves freely, to permit their full development and integration into Guatemalan
society. (...)
The third point covered in the agreements is called "Returnee Escort". This [is] essential if the
return and subsequent settlement, adaptation and development of the thousands of people who
are returning to their country, are to be protected by the necessary guarantees. As their titles
clearly indicate, this will involve the participation of various bodies--national and international,
governmental and nongovernmental--to monitor execution of the repatriation process from the
outset, and include mechanisms to police and settle disputes or controversies that arise in
carrying out the agreements. Doubtless, the active cooperation of all parties committed to the
success of the agreements will be crucial to their effective implementation and will create a
sense of trust among the returnees and among those who still remain abroad.
The fourth point addressed by the agreements is the question of freedom of movement within
the country, the freedom to leave and enter its territory, both for returnees and for members of
the Permanent Commissions. Observance of Article 22, paragraphs 1 to 5 of the American
Convention on Human Rights is important here.
The fifth issue concerns the right to life and personal and community integrity. It is a logical
consequence of the need to give returnees guarantees; particular emphasis must be given to
verifying the Guatemalan Government's observance of this commitment, as regards respect for
the way of life, customs, traditions, and social organization of the people, a vital part of their
readaptation to the country.28
46.
The CEH, for its part, said in its report that the agreements recognized the "civilian and
peaceful nature of the return and the returnees.”29 The CEH also indicated that the agreements were often
interpreted "in a broad sense by the returnees as a promise from the Army not to enter or patrol near their
communities."30
47.
In December 1992, the Permanent Commissions made public their determination to begin the
repatriation on January 13, 1993.31 According to information obtained by the Commission at the time, around
8,000 refugees expressed their interest in immediate repatriation.32 UNHCR, CEAR and and COMAR supervised
the transfer for the resettlement.33 The government of the day also accepted the request from United Nations
independent expert for human rights in Guatemala, Christian Tomuschat, that soldiers from the military base
keep away from the resettlement zone in order to facilitate good relations between the returnees and the
soldiers.34
28 IACHR, Fourth Report on the Situation of Human Rights in Guatemala, June 1, 1993, Chapter VII, “The Situation of Refugees
and Displaced Persons in Guatemala and Their Human Rights.”
29 Annex 2. CEH, Guatemala: Memory of Silence, Volume VI, Illustrative Cases, Annex 1, Illustrative Case No. 3: Xamán Massacre.
Available at: http://www.plazapublica.com.gt/sites/default/files/tomo_6_y_7_anexo_i_casos_ilustrativos_1.pdf
30
Annex 2. CEH, Guatemala: Memory of Silence, Volume VI, Illustrative Cases, Annex 1, Illustrative Case No. 3: Xamán Massacre.
IACHR, Fourth Report on the Situation of Human Rights in Guatemala, June 1, 1993, Chapter VII, “The Situation of Refugees
and Displaced Persons in Guatemala and Their Human Rights.”
31
32 IACHR, Fourth Report on the Situation of Human Rights in Guatemala, June 1, 1993, Chapter VII, “The Situation of Refugees
and Displaced Persons in Guatemala and Their Human Rights.”
33 IACHR, Fourth Report on the Situation of Human Rights in Guatemala, June 1, 1993, Chapter VII, “The Situation of Refugees
and Displaced Persons in Guatemala and Their Human Rights.”
34 IACHR, Fourth Report on the Situation of Human Rights in Guatemala, June 1, 1993, Chapter VII, “The Situation of Refugees
and Displaced Persons in Guatemala and Their Human Rights.”
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