to note that the Government of Guatemala has amended the Code of Criminal Procedure to deal with human rights breaches, and that it has abolished the military commissioners. 47. The Committee also welcomes the creation of various organs to reinforce human rights, including the Procurator for Human Rights, the Presidential Coordinating Committee for Government Human Rights Policy and national human rights committees. 48. The Committee is pleased to note Guatemala’s commitment to human rights education. 49. The Committee is pleased to learn that Guatemala has begun the process of making the declaration under article 22 of the Convention and that its representatives do not see any obstacle to such a declaration. 3. Factors and difficulties impeding the application of the Convention 50. The Committee acknowledges that Guatemala is in a difficult situation since the civil democratic Government is obstructed in its action by a deeply entrenched army and police culture. 51. The Committee also takes note of the wide disparity in the distribution of the economic wealth in the country creating conditions that may tend towards confrontation between the law enforcement organs and those parts of the population which are at the lowest end of the economic and social scale. In this respect, the Committee wishes to underline that the individual recourse procedure provided for under article 22 of the Convention would constitute a useful preventive measure once it has been accepted by the Government. 52. The Committee considers that the right of the citizens to carry fire-arms, which is enshrined in the Constitution, may be regarded as a potential obstacle to a full implementation of the Convention. 4. Subjects of concern 53. The Committee notes with deep concern that torture and other cruel, inhuman or degrading treatment or punishment appear to be endemic in Guatemala, and to include many children among its victims. 54. The Committee is equally concerned at the State’s continued failure promptly and impartially to investigate and prosecute those responsible for an act of torture and ill-treatment. 55. The de facto impunity for perpetrators of torture resulting from the above-mentioned facts and the weakness shown by the judicial, administrative and police authorities in enforcing the law is likewise a matter of deep concern to the Committee. 56. The Committee is also concerned at the fact that paramilitary groups and private defence patrols still exist and operate in Guatemala. -11-