The testimonies of the internally displaced received by the CEH reveal an attitude both of
resistance to military control and in defense of life, not only in its physical sense, but also
with regard to culture and political identity.19
41.
The IACHR, for its part, in its second special report in 1993 titled "The Situation of Human
Rights in Guatemala" documented the mass displacement in Guatemala caused by the widespread repression that
occurred in 1981 and 1982.20 The Commission recorded the following:
[M]any people, particularly indigenous people who had lived in the mountain regions for
centuries, fled to Mexico. After more than ten years in exile, the 45,000 refugees recognized by
the UNHCR in Mexico have decided to return to their homeland.21
42.
Faced with this situation, in 1991 the Guatemalan State created the National Commission for
Repatriates, Refugees and Displaced Persons (CEAR), which was composed of the then-Vice President, the
Minister of Foreign Affairs, the Minister of National Defense, the Minister of Government, the Minister of Urban
and Rural Development, the Secretary of Economic Planning, and the Special Adviser for International
Cooperation.22 The purpose of the CEAR was to solve the problem of refugees, returnees and displaced
persons.23
43.
In July of that same year, at the First Conference of Groups Created in Response to the
Repression and Impunity, held in Guatemala City, the Permanent Commissions of Representatives of Guatemalan
Refugees in Mexico (CCPP) spelled out six conditions for a safe and dignified return:
a) Returning must be a voluntary, individual decision. The vast majority of the refugee
population is demanding a collective and organized return.
b) Guarantees that refugees will be allowed to return to their lands to take possession of
them. This does not mean that upon their return, refugees will begin to fight with fellow
peasant farmers now occupying their lands.
c) Recognition of the refugees' rights to organize and associate freely.
d) The right to life, to humane treatment and community. In this regard, the refugees are
demanding guarantees that this right will be respected by the Government, the Army and other
authorities. Accordingly, it is absolutely essential that the civilian authorities in each
municipality be the only parties charged with public order, as prescribed in articles 253 and 259
of the Constitution.
e) The Government is to allow national and international delegations, nongovernmental
organizations and representatives of the Office of the United Nations High Commissioner for
Refugees to accompany the refugees upon their return, and remain in the country thereafter so
that they can check to ensure that these conditions are being observed.
19
Annex 1. CEH, Guatemala: Memory of Silence, Conclusions and Recommendations, par. 71.
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.”
Available
at:
http://www.cidh.org/countryrep/Guatemala93eng/chapter.7.htm
20
21 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.”
22 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.”
23 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.”
8