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The cultural context of biodiversity conservation - Oapen

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<strong>The</strong> local <strong>context</strong><br />

the area known as the Franja Transversal del Norte, one <strong>of</strong> the main areas <strong>of</strong> confrontation<br />

during the civil war, from which many indigenous communities were displaced<br />

and where large estates were established, owned by former members <strong>of</strong> the armed<br />

forces. This disparity reinforced the socio-economic polarisation <strong>of</strong> society.<br />

Another issue <strong>of</strong> crucial concern is the position <strong>of</strong> indigenous peoples in respect<br />

to access to justice. To date, despite the signing <strong>of</strong> the peace accords, the juridical system,<br />

largely ineffective, is unable and in some cases unwilling to enforce citizens'<br />

rights. As Green (2003: 62) mentions, impunity is crucial to the ways in which power<br />

is exercised in the country today. It is fear and silence, not justice that circumscribes<br />

the lives <strong>of</strong> large parts <strong>of</strong> the rural population. In his report on the situation <strong>of</strong> the human<br />

rights and fundamental freedoms <strong>of</strong> indigenous people in Guatemala, Stavenhagen (2003)<br />

makes clear reference to this issue. While the government has taken various steps to<br />

broaden the administrative system <strong>of</strong> justice throughout the country, the coverage remains<br />

inadequate. As Stavenhagen notes, the indigenous peoples complain <strong>of</strong> difficult<br />

access to the courts, discrimination against their customary law and the lack <strong>of</strong> interpreters<br />

<strong>of</strong> indigenous languages in the courts. He attaches special importance to the<br />

recognition <strong>of</strong> legal systems specific to the indigenous peoples themselves and recommends<br />

that the government and civil society as a whole promote a major national<br />

public campaign for the respect <strong>of</strong> <strong>cultural</strong> diversity. This endeavour should embrace<br />

in particular the field <strong>of</strong> education, which has been reported to be an issue <strong>of</strong> priority<br />

concern for the indigenous peoples. Despite the government's efforts to provide bilingual<br />

education, there are as yet insufficient trained teachers, just as other educational<br />

resources are inadequate. Thus, levels <strong>of</strong> school attendance, particularly in rural<br />

areas, remain low, which is a disturbing state <strong>of</strong> affairs that perpetuates exclusion and<br />

discrimination. Stavenhagen asserts that there is still no overall system <strong>of</strong> inter<strong>cultural</strong><br />

education set out in the curricula adapted to the languages and the needs, values and<br />

systems <strong>of</strong> the indigenous peoples themselves and reaching schools in remote localities.<br />

Although public investment in education has grown in the years following the<br />

signing <strong>of</strong> the peace agreements, the figures for education in predominantly indigenous<br />

areas show large lags compared with regions with non-indigenous population. 18<br />

According to Flores Arenales (1999: 16) the process <strong>of</strong> reconciliation that was initiated<br />

in the mid-1990s could not resolve the long term social paralysis and silence.<br />

Due to the repressive policies <strong>of</strong> the militarised state and its intelligence network, trust<br />

– seen by the author as an essential value in intimate relations – was one <strong>of</strong> the major<br />

casualties <strong>of</strong> the political violence. Although peace has been achieved, Guatemala remains<br />

a pr<strong>of</strong>oundly unequal and divided society. Adams, referring to »a population <strong>of</strong><br />

divided identities«, writes that fear has always been part <strong>of</strong> the psychodynamics <strong>of</strong> the<br />

relationship between the ladino and the indigenous population. Its historic genesis lies<br />

18 Historically, the linguistic diversity <strong>of</strong> the country has not been considered in the design and implementation<br />

<strong>of</strong> education policies. <strong>The</strong> nation's expenditure on education belongs to the lowest in<br />

Latin America, leading to the second highest rate <strong>of</strong> illiteracy <strong>of</strong> 31.9 percent (Green 2003: 68). In<br />

particular, the indicators <strong>of</strong> access to education by the indigenous, rural and female population are<br />

extremely poor. For further details on educational issues, see Gleich (1997) and Heckt (2000).<br />

117

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