Take Action: Call on the U.S. Embassy to stand up for political prisoners Saúl and Rogelio

On September 1, Barillas land defenders Saúl Méndez and Rogelio Velásquez will stand trial again for accessory to murder. Citing serious irregularities and major errors in the initial trial earlier this year that condemned both men to 33 years and 4 months in prison, a Special Appeals court ruled on May 15 to annul the sentence and ordered the case be retried.

Both men have spoken out against the imposition of hydroelectric dams in their home in northern Huehuetenango and, like many other leaders, are now feelings the effects of a pattern of criminalization that has increased dramatically over the past few years. 

TAKE ACTION to help ensure Saúl and Rogelio get a fair trial!

Saúl Méndez and Rogelio Velásquez, during their Special
Appeal trial. Photo: Gustavo Illescas (CMI-Guatemala)

Currently, six other men from Huehuetenango are detained and awaiting trial for outlandish legal charges that include terrorism and kidnapping - all are active community leaders who have organized to demand respect for their right to consultation regarding the imposition of mega-development projects in their territory. Across the United States, members of the NISGUA base are writing letters of encouragement to all of the leaders from Huehuetenango currently imprisoned for standing up for life. Click here to send a message of solidarity to the political prisoners and let them know they are not alone.

For more information, read NISGUA's report on the movement for community referenda on mining and hydroelectric dams and the corresponding trend of criminalizing leaders standing up against unjust resource extraction. 

Both Saúl and Rogelio are accused of being accomplices in the assassination of Guadalupe Francisco and Mateo Diego Simón, killed by a mob of roughly 500 people in 2010. Despite serious holes in the prosecution's evidence - including shaky witness testimonies and an inability to place both men at the scene of the crime - a Huehuetenango court found both men guilty of being accomplices to murder in February 2015. Saúl and Rogelio were previously detained from May 2012 – January 2013, accused by Spanish company, Hidro Santa Cruz of causing disturbances associated with the assassination of community member Andrés Francisco Miguel, on May 1 2012. 

The retrial will open on September 1 and is expected to take a month and a half. If everything moves forward as scheduled, the sentencing hearing will take place on October 13, 2015. 

Family members of the accused are calling for an international presence at the retrial, including from the U.S. Embassy in Guatemala, as one way to ensure that Saúl and Rogelio get a fair trial. TAKE ACTION! Call on the U.S. Embassy to recognize the intentional manipulation of the Guatemalan justice system by transnational corporations, and observe the retrial. All signatures will be collected before August 21 to be turned in to the Embassy prior to the start of the retrial on September 1. 

Take action to support political prisoners from Barillas!

UPDATE: On May 15 a court in Huehuetenango unanimously resolved not to ratify the 33-years and 4-month sentence against Saúl Méndez and Rogelio Velásquez. The decision is the result of a special appealed filed on behalf of the community leaders from Santa Cruz Barillas. Their case will be re-tried in a Quetzaltenango court. The decision is seen as the first step in correcting a legal process filled with errors and irregularities.

Saúl and Rogelio still need your support! Click here to sign the online petition demanding their freedom!

An English translation of the petition text is below.

Photo credit: Gustavo Illescas (CMI-Guatemala)

In the northern region of Guatemala, the Spanish transnational company HIDRALIA has dug its claws into the department of Huehuetenango. Exercising internationally and nationally guaranteed rights, the populations of the three municipalities in the north of Huehuetenango have carried out massive consultas (consultations) in which the citizens have have expressed their rejection of the exploitation of their natural resources by foreign companies. 

Saúl Méndez and Rogelio Velásquez of Santa Cruz Barillas are prisoners unjustly. They have been persecuted by the company for years: In 2012, before being freed for lack of evidence, they spent eight months in preventative prison despite the fact the the legal maximum is three months. In a new case plagued with irregularities, they are currently in prison and sentenced to more than 33 years. 

Led by ex-military Otto Pérez Molina, the Guatemalan government has ordered a multitude of detentions and arrest warrants that have been declared arbitrary by the UN, and has used all of its state power to the favor of transnational companies, using judicial and police power to incarcerate and persecute community leaders, reopening military bases, and ordering states of siege. 

On April 29, 2015, another public hearing was held to resolve the appeals issued by the defense of Saúl and Rogelio. The result should be nothing less than complete absolution and reparations for damages suffered. We likewise demand that all prisoners who are unjustly held in preventive prison as a consequence of their opposition to the company's planned projects be granted freedom.

Today more than ever, solidarity between peoples should be more than endearment. It should be consciousness, commitment, and struggle. 

Sign in solidarity with the political prisoners of Barillas. In solidarity with their families. In solidarity with the people that raise their voices to say "ENOUGH."

Petition: 

We demand freedom for Saúl Méndez and Rogelio Velazques, political prisoners from Santa Cruz Barillas, Huehuetenango, Guatemala, community leaders in the defense of land and territory. In a case plagued with irregularities, Mendez y Velázques have been condemned to 33 years and four months in prison for opposing the projects of the hydroelectric company Hidro Santa Cruz S.A., subsidiary of the Spanish Hidralia Energía S.A. 

We likewise demand that all prisoners who are unjustly held in preventive prison as a consequence of their opposition to the company's planned projects be granted freedom. Guatemalan state institutions are acting in favor of Hidro Santa Cruz S.A.

Name:
*National ID number (Passport, SSN, etc):
Locale: (City, State, United States)
Signature: Just your name again


*ID number not required
 

Two more human rights defenders from Huehuetenango imprisoned for opposing megaprojects

Since 2011, communities in northern Huehuetenango have organized more than 50 peaceful protests and dozens of community referenda in which they have actively expressed their opposition to the expansion of hydroelectric dams and other megaprojects in their territories.

This demonstration of community strength and self-determination has been met with violence, state repression, criminalization, and re-militarization. Currently, there are seven community activists unjustly imprisoned for their opposition to these projects.

Most recently, on March 24, Rigoberto Juárez and Domingo Baltazar, two Q'anjob'al community leaders with the Plurinational Government of the Q'anjob'al, Chuj, Akateko, Popti' and Mestizo Peoples ("Gobierno Plurinacional") were arrested in Guatemala City. Juárez and Baltazar have joined thousands of others in speaking out against the imposition of hydroelectric dams in their territory despite community consultations rejecting them.

They were arrested on 16 charges including threats, coercion and illegal detention stemming from events that took place in 2013. After having many of their rights to due process violated, including the right to a preliminary hearing within 24 hours of arrest, a judge released them on bail. However, as they were leaving the courthouse, both men were re-arrested on new charges of abduction, kidnapping and inciting crime for events that took place on January 23, 2015. To this date, they remain in prison with no scheduled date for their first hearing - adding to the growing list of violations of speedy due process that have already occurred. 

Rigoberto Juárez awaits his preliminary hearing from a jail cell in
Guatemala City.  Photo credit: J. Abbott

The arrests of Rigoberto Juárez and Domingo Baltazar follow a pattern of criminalization of leaders who have been active in the movements to protect territory against the many threats of resource extraction and other mega-development projects in Guatemala. Leaders continue to face outlandish legal charges – occasionally for events in which they were not even present - in an effort to silence their voices and organizing capacities. As a result, movements are being forced to use much-needed resources to provide legal support to these leaders instead of using them to further strengthen the struggle in defense of life.

In a statement released after the most recent arrests, the Human Rights Convergence - a group of Guatemalan organizations working for social justice and an end to state and corporate impunity - points to a series of other incidences of criminalization that have taken place just in relation to hydroelectric projects in northern Huehuetenango, amongst which are:

• Rubén Herrera, director of the Departmental Assembly of Huehuetenango (ADH): charged with kidnapping and terrorism related to events that transpired before the government implemented a state of siege in Barillas, in April 2012. After spending months in prison, he was absolved of all charges for lack of proof. Like him, 30 others have had to go through legal processes only to be absolved at the time of formal accusation. 

• Rogelio Velásquez and Saúl Méndez, community leaders from Barillas: convicted of the murder of a man and woman in their community. In the verdict reached against them in December of last year, in which both men were sentenced to 33 years in prison, the judge argued, "We cannot prove how the woman was killed. But since they [Saúl and Rogelio] are community leaders, they are responsible." This illegal verdict seeks to hold the human rights defenders legally responsible for the activities that occur in their communities. 

• Sotero Adalberto Villatoro, Francisco Juan Francisco and Arturo Pablo, community leaders from Barillas: indicted in February 2015 for a kidnapping allegedly committed during 2012, even after the Public Prosecutor asked that the charges be dropped for lack of proof. Not only were they indicted on charges, but also ordered to a prison in zone 18 of Guatemala City, taking them out of their community. The judge soon after withdrew from the bench, leaving those indicted without a trial judge to oversee their case and as a result, no date to appeal the indictment.

In addition to these cases and many more in which leaders have been criminalized for their roles within the movements for the defense of life and territory, at least two leaders have been murdered. Daniel Pedro Mateo, an active member within the ADH and a prominent defender of the 2007 community consultation in Barillas, was kidnapped and murdered in April, 2013. On March 27, 2015, the body of Pascual Pablo Francisco was found. He had been missing for three days, and was another prominent figure in the defense of life in Barillas.

In contrast to the disproportionate amount of charges laid against community leaders, the majority of cases of murder, assaults or threats against human rights defenders have failed to advance in the court system and remain in impunity.

In the department of Huehuetenango alone, communities are facing the expansion of the "Northern Corridor/Franja Transversal del Norte" (a mega-highway set to cut across the northern part of Guatemala), three hydroeletric dams (Cambalam of Hidro Santa Cruz in Barillas, Hidro San Luis of CM5 in Santa Eulalia and Ixquisis of the PDH, S.A., in San Mateo Ixtatán) and other possible mineral extraction in the area. In Huehuetenango, 28 of the 32 municipalities have held referenda in which communities have soundly rejected the presence of hydroelectric dams. Despite this clear message, the government continues to push these projects forward and to grant new licenses.

Given this reality, the Human Rights Convergence has called on the Guatemalan government and judicial system to respect due process and immediately halt the criminalization of community leaders. In a statement released in March, the Convergence urged the government to stop granting licenses for hydroelectric dams in the regions, and called on the companies who are already operating in the area to listen to and respect the decisions made by impacted communities.

It states, "The government of Otto Pérez Molina is using this violence to protect personal and corporate interests. The censorship and attacks - including assassinations - of journalists and other grassroots media is only one example. Indigenous communities who carry out referenda are met with racism and repression by government authorities and from company employees seeking to expand into their territories."

To read the full statement made by the Human Rights Convergence in Spanish, click here.

Human rights defenders from Barillas convicted despite irregularities in proceedings

An excerpt from a press release issued by the Guatemalan Unit for the 

Protection of Human Rights Defenders (UDEFEGUA):

"On Thursday, November 13, the trial court judge in Villa Nueva sent Oscar Morales, a leader in the resistance movement in San Rafael las Flores, to trial for allegedly threatening the manager of the mining company, Minera San Rafael, S.A., subsidiary of Canadian company Tahoe Resources. During the evidentiary hearing, the judge revealed his partiality when he indicted the human rights defender without a proper investigation. The judge is now sending the case to trial without a clear investigation and despite the fact that the Public Prosecutor's office has stated that they do not have enough evidence to accuse the defendant. In sending the case to trial, it has become clear that the judge is prioritizing private interests that are represented by lawyers of the third-party plaintiff. The trial against Oscar Morales opens on December 29.

On November 14, Saúl Aurelio Méndez and Rogelio Velásquez, water rights defenders from Barillas, Huehuetenango, were convicted by a Sentencing Tribunal in Huehuetenango for conspiracy to commit murder. The two human rights defenders were illegally detained on May 2, 2012 during a state of siege imposed by the government of Guatemala. After a lengthy process, they were released and declared innocent. However, while en-route with their lawyer for the final hearing on this case, they were arrested by the police outside the Guatemala City court house for the murder and femicide of two people who were lynched in Barillas in 2010.

Both the legal process itself and the verdict against the human rights defenders were plagued with irregularities. The verdict was reached without proving the individual responsibility of the accused, violating one of the core guarantees of the judicial system that states that individuals cannot be brought to trial for the actions of others. Both cases demonstrate how private interests trump justice, leading to the political persecution of social leaders and human rights defenders."

Link to original press release in Spanish can be found here.

Other statements from Guatemala:

"They accuse me of something I did not commit. My intention has always been to defend the rights of nature." (Saúl Aurelio Méndez Muñoz)

"I am someone of few material resources. I have fought for the rights of Mother Nature and for defending natural resources, I am now in prison." (Antonio Rogelio Velásquez)

"Together with their communities, [Saúl and Rogelio] expressed their opposition to the construction of the hydroelectric Hidro Santa Cruz. This struggle has meant repression and criminalization for them, their families and their communities by the Guatemalan state who, far from working for the wellbeing of the citizens of the country, protect the interests of transnational companies such as Ecoener Hidralia and its extractive projects in northern Huehuetenango. All of this threatens the lives of communities and the natural resources of the Guatemalan people." (Statement from the Departmental Assembly of Huehuetenango)

"It is clear that the case of Rogelio and Saúl corresponds to a strategy of terror that seeks to weaken community resistance and paralyze social movements in defense of territory. This [goal] wasn't achieved because those of us who defend life and territory remain united.” (Statement from the Departmental Assembly of Huehuetenango)

Link to original statements in Spanish can be found here.

Peaceful blockade in Barillas celebrates one-year anniversary

Tired of being ignored and disrespected by the Guatemalan government, and determined to halt a hydroelectric project approved without their free, prior and informed consent, the men and women of Santa Cruz Barillas founded the peaceful blockade, Nuevo Amanecer on April 6, 2013. Nuevo Amanecer, or New Dawn, is a permanent encampment located on a communal road leading to the proposed project site where community members maintain a constant presence. The bold action has served to halt the construction of the Canbalam Dam, owned by Spanish company Hidralia Energia and its Guatemalan subsidiary Hidro Santa Cruz.

Nuevo Amanecer celebrates its one year anniversary. Photo: PrensaComunitaria

Last Sunday, members of the resistance celebrated the one-year anniversary of Nuevo Amanecer and reiterated their commitment to continuing the peaceful opposition to the project. 

“While 365 suns and moons, and 8,760 hours have gone by [since establishing the peaceful encampment], the People continue to remain hopeful and committed to the struggle, despite immense sacrifices and hardships.” - Press Release from the Plurinational Government and the Western Peoples' Council (CPO), April 2014

Communities and leaders at the forefront of the resistance movement have suffered an onslaught of criminalization, repression and violence at the hands of the Guatemalan state, which instead of protecting the interests of the people, has time and again acted in defense of the Spanish company.

The costs suffered by the communities and families that stand to be impacted by the project have been high. Two community leaders have been killed since May 1, 2012 and three others, Saúl Méndez, Rogelio Velásquez and Mynor López, remain in prison facing charges related to the opposition to the Canbalam Dam. Eleven additional members of the resistance have collectively spent more than one year in preventative prison on accusations filed against them by the company, which were later dismissed.

As the conflict caused by the imposition of mega-projects in Huehuetenango drags on, international solidarity with communities and individuals standing up for their right to self determination continues to be vitally important and appreciated. Last year, NISGUA and partners gathered nearly than 3,0000 signatures demanding the release of political prisoner, Rubén Herrera. Spanish solidarity organization and members of the International Accompaniment Project in Guatemala (ACOGUATE), Plataforma de solidaridad con Chiapas y Guatemala de Madrid, launched an online popular consultation in support of communities in Northern Huehuetenango resisting the imposition of large-scale projects. Nearly 2,000 people echoed the results of local referenda saying NO to the instalation of mega-projects and YES to communities' right to self determination.

Plataforma submits their consultation results to the Guatemalan Embassy in Madrid.

"The Q'anjob'al and Mestizo People of Barillas infinitely thank the national and international solidarity of many individuals and organizations that have unconditionally reached out to us in this struggle. We also believe that this struggle affects us all and for this reason we say WE ARE ALL BARILLAS."
- Press Release from the Plurinational Government and the Western Peoples' Council (CPO), April 2014

NISGUA and ACOGUATE work closely with partners in Huehuetango in their efforts to defend the right to consultation, promote self-determination and stand up for human rights in the region.

ADH denuncia al Banco Mundial y el Banco Interamericano de Desarrollo

La Asamblea de los Pueblos de Huehuetenango en Defensa del Territorio y por la Autonomía y La Libre Determinación de los Pueblos – ADH- a la comunidad nacional e internacional INFORMAMOS:

Que en los años 1981, 1982, 1983, las comunidades del pueblo Achi que vivían en las orillas del Rio Chixoy fueron masacradas y 444 personas entre adultos, jóvenes y niños, mujeres y hombres fueron ejecutados por el ejercito de Guatemala. Con la justificación de la existencia de un conflicto armado interno, llevaron a cabo la estrategia de limpiar la zona para implantar la construcción del proyecto hidroeléctrico Chixoy. El Instituto Nacional de Electrificación-INDE- es el responsable de la ejecución de este proyecto habiendo recibido créditos del Banco Mundial y del Banco Interamericano del Desarrollo por un monto de casi un mil millón de dólares. En el año 2012 la Corte Interamericana de Derechos Humanos condenó al Estado de Guatemala por las masacres de Rio Negro y exigían el resarcimiento a los familiares de las victimas por los daños ocasionados en expropiación de tierras, cultivos, animales, identidad y cultura.

Después de 32 años de lucha de las comunidades, el Congreso y el Presidente de los Estados Unidos, el 17 de enero del 2014, se pronunció y exigió al Estado Guatemalteco y a Otto Pérez Molina que debe de pagar 1,200 millones de quetzales en daños a las victimas. La respuesta del “Señor Presidente” no se hizo esperar: “Darles a estas comunidades 1.2 millardos, es como decir que vamos a privilegiar a estas comunidades y las otras se van a quedar por un lado.” “Señor Presidente”, esta es una deuda histórica del Estado Guatemalteco a las victimas de las masacres y al mundo civilizado. Las comunidades del Río Negro continúan viviendo en extrema pobreza en condiciones infrahumanas. Su respuesta, “Señor Presidente”, es irresponsable y aberrante.

Hoy, 7 de febrero de 2014, como Asamblea de Pueblos de Huehuetenango – ADH – y como pueblo de Santa Cruz Barillas, exigimos al gobierno militar de Otto Pérez Molina una respuesta responsable y a tiempo para resolver de una vez por todas el conflicto Barillense. Se están repitiendo los mismos métodos después de 31 años y ya es tiempo de terminar el conflicto generado por la empresa Española, Hidralia-Hidro Santa Cruz que en su intención de implantar dos proyectos hidroeléctricas en el Rio Q’am’balam, lleva cinco años de estar persiguiendo, intimidando, cooptando a lideres y lideresas comunitarias. Ya hay asesinados, encarcelados, hay miedo y terror. “Señor Presidente” es necesario parar a estas empresas.

La triste y aterradora historia de Chixoy se vincula a la actual persecución en Barillas a través de las instituciones financieras internacionales. El Banco Mundial y el Banco Interamericano de Desarrollo son las financistas de Hidro Santa Cruz a través de la Corporación Interamericana para el Financiamiento de Infraestructura (CIFI) quien en el año 2010, financió la represa Canbalam. La CIFI recibió una inversión de US$80 millones en 2008, por parte de la Corporación Financiera Internacional (CFI) del Grupo del Banco Mundial, y otra inversión de US$10 millones en 2001 por parte de la Corporación Interamericana de Inversión del Banco Interamericano de Desarrollo. Consideramos que estas inversiones también son responsable de violaciones de derechos fundamentales y los daños provocados a las comunidades Barillenses.

Señor Otto Pérez Molina, quiere seguir protegiendo a las empresas con conductas delincuenciales? Que gana usted y su gobierno? Seguirá reprimiendo a las comunidades Q’anjob’ales y Mestizas de Santa Cruz Barillas, o cuales son los planes para esta región tan abandonada por el Estado Guatemalteco?

Por todo la anterior, como ADH exigimos:

A: Que cese la persecución, la represión y la criminalización contra lideres y lideresas comunitarias.

B: Que se expulse del país a la empresa Española Hidralia-Hidro Santa Cruz por todo lo que ha hecho y actuado en contra de las comunidades en Barillas.

C: Que se paguen todos los daños a las victimas: materiales, físicos, psicológicas, identitarias y culturales por parte de Hidralia-Hidro Santa Cruz.

Hacemos un llamado a:

• Organismos internacionales y a la Comisión Interamericana de Derechos Humanos – CIDH, para que visiten e investiguen los daños ocasionados por la empresa Hidralia-Hidro Santa Cruz y que se pronuncie.

• Los gobiernos de Europa, EEUU, Canadá y América Latina para que investiguen y se pronuncian en contra del mal uso que le dan a los fondos del Banco Mundial y Banco Interamericano de Desarrollo.

• Las organizaciones solidarias internacionales para que denuncien estos hechos y que estén vigilantes, para ver como evoluciona este gobierno militar de Otto Pérez Molina y para que cumpla con su deber y que cese con la persecución, represión, y criminalización.

• Las organizaciones nacionales hermanas y cercanas para que cerremos filas en la solidaridad y unidad de los Pueblos.

Exigimos la libertad de nuestros presos políticos.

Los Barillenses no son responsables de la violencia, son objeto de un plan tenebroso de represión y criminalización.

Todos y Todas Somos Barillas

La Vida y el Territorio no Tienen Dueño

Asamblea de los Pueblos de Huehuetenango -ADH- 7 de febrero de 2014

International community calls for Rubén Herrera's immediate release

More than one year after President Molina declared a state of siege in Santa Cruz de Barillas, repression continues against community leaders resisting the Cambalam hydroelectric project, operated by Spanish owned Hidro Santa Cruz. Violence and criminalization against leaders defending territory and the right to self determination has been on the rise in Barillas since the 2007 community consultation rejecting large-scale development projects in their territory.   

Since March, NISGUA has reported on the detention of Rubén Herrera, community leader and member of the Departmental Assembly of Huehuetenango for the Defense of Natural Resources (ADH). Herrera has been unjustly imprisoned for more than two months on trumped up charges related to resistance to the Cambalam project. Despite requests by Guatemala's Public Prosecutor to dismiss the case due to a lack of evidence, the judge ordered the case forward.

In response, NISGUA together with the Guatemala Human Rights Commission, gathered more than 2,800 signatures from 52 countries demanding Rubén's immediate release and an end to the criminalization of human rights defenders.  

Rubén Herrera, unjustly imprisoned since March 15

The signatures were delivered to Guatemala's Public Prosecutor's office in anticipation of  Rubén's May 30 pre-trial hearing. Originally slated to be heard in Santa Eulalia, Huehuetenango, Rubén's hearing was recently transferred to Guatemala City.

“The decision of the Supreme Court to transfer Rubén Herrera's case to Guatemala City is a favorable resolution because it is an opportunity for the case to be heard in a specialized court, which gives us greater confidence that the false accusations presented by the Hidro Santa Cruz will be disproven,” stated Alba Cecilia Mérida, Herrera's life partner and human rights activist. “It means that Rubén will have a greater possibility of due process in the application of justice.”

May 1 march in Huehuetenango: "No More Repression, Liberty for Rubén Herrera"

In April, the persecution of leaders resisting the Cambalam project continued with the kidnapping and murder of Daniel Pedro Mateo, cultural leader and prominent defender of the 2007 community consultation in Barillas. Community members from eight municipalities in northern Huehuetenango mobilized during three days in order to locate Pedro Mateo's remains.

Just a few weeks later, terror once again gripped residents of Barillas when community leader Mynor López was detained by plain clothed men, later determined to be police officers, and forced into an unmarked vehicle. Some residents, believing López was being abducted, mobilized to ensure his release. In response anti-riot police already in the community fired at the crowd with tear gas. In a press release, the ADH denounced the irregular detention of Mynor López as well as the ongoing criminalization of leaders.

The state's pattern of systematic criminalization and persecution of community leaders defending territory was demonstrated again in early April when President Molina implemented of another state of siege in four municipalities surrounding Tahoe Resources' Escobal project, located in San Rafael Las Flores, Santa Rosa. As in Barillas, leaders demanding the right to consultation have been targeted; 12 members of the committee organizing community referenda in San Rafael Las Flores had their homes raided and searched during the weeks long state of siege.

"Instead of listening to the legitimate demands of the people, the state and the companies have implemented a strategy to discredit and delegitimize peaceful community struggles in defense of life and territory," said Francisco Rocael Mateo of the ADH. "This criminalization is a strategy to demobilize community resistance."

Read NISGUA's full press release in English and Spanish.


NISGUA works closely with the Departmental Assembly of Huehuetenango (ADH) in their efforts to promote self-determination and alternative visions of development in the highland department of Huehuetenango. The ADH receives international human rights accompaniment from NISGUA through the ACOGUATE project and participated in NISGUA's 2010 tour.

Take Action: Demand Guatemalan Authorities Halt Criminalization and Persecution of Political Prisoner, Rubén Herrera

Rubén Herrera of the ADH Photo: James Rodríguez, mimundo.org

Sign the petition condemning the capture of Rubén Herrera and calling for his immediate release.

Since Friday, March 15, human rights defender and member of the Departmental Assembly of Huehuetenango for the Defense of Natural Resources (ADH), Rubén Herrera, has been unjustly imprisoned for alleged crimes committed in relation to community resistance of the Cambalam hydroelectric dam, operated by Hidro Santa Cruz. Citing 12 charges, including kidnapping and terrorism, a Guatemalan judge denied Herrera's bail, ordering the case move to pretrial proceedings on May 30, 2013.

During the past year, 11 community leaders engaged in peaceful and legitimate resistance to the Cambalam hydroelectric project have been illegally imprisoned on trumped-up charges, while more than 20 individuals continue to have arrest warrants pending against them.

The arrest and imprisonment of Rubén Herrera is the most recent example of the systematic criminalization and persecution of community leaders and human rights defenders working in defense of territory and communities' right to self-determination. Perhaps most notable are the actions of the Public Prosecutor's Office, the entity responsible for prosecuting the case. During the arraignment, they argued the case should not continue as there is insufficient evidence linking him to the alleged crimes. Despite the lack of evidence, the judge ordered that the case against Herrera move forward.

Peaceful, legitimate and ongoing community opposition to the Cambalam hydroelectric project is not new. In fact, the 2007 community consultation in the municipality of Santa Cruz de Barillas, Huehuetenango voted overwhelmingly against foreign-owned large-scale development projects, also known as mega-projects, in their territories. Despite this clear message, in 2010 the Guatemalan government granted an operating license to Hidro Santa Cruz, Guatemalan subsidiary of Spanish-owned Hidralia Energía. Ongoing community resistance to the project was met with state repression in May 2012, when martial law was declared in Barillas. Since then, the criminalization of community leaders has intensified, demonstrating a clear strategy on the part of the Guatemalan Government to delegitimize peaceful resistance in order to push through harmful mega-projects.

For more than five years, Rubén and the ADH have been coordinating the efforts of communities, organizations and local authorities to pursue an alternate vision of development for the highland department of Huehuetenango. In addition to helping organize over 25 community consultations in Huehuetenango alone, the ADH together with the Western Peoples' Council (CPO), presented the groundbreaking legal challenge against the constitutionality of Guatemala's 1997 Mining Law for lack of prior consultation with indigenous peoples.

The ADH’s work to construct alternatives and promote democratic participation in the key issues Guatemala is facing today is a response to a historic wrong committed against indigenous peoples. The current trial of former Guatemalan leaders for genocide highlights the state’s violation of the basic rights of indigenous and rural people in Guatemala. Unfortunately, today’s repression of peaceful and legitimate social movements in defense of territory and towards self-determination is using distinct, yet disturbingly familiar strategies to criminalize and delegitimize the voice of indigenous peoples.

NISGUA works closely with the Departmental Assembly of Huehuetenango (ADH) in their efforts to promote self-determination and alternative visions of development in the highland department of Huehuetenango. The ADH receives international human rights accompaniment from NISGUA through the ACOGUATE project and participated in NISGUA's 2010 tour.

Genocide trial opens amidst attacks against community leaders

"The past is still present."
-- Independent journalist, commenting on recent attacks against activistson the eve of the Ríos Montt trial

On Sunday, March 17, the President of the Xinca Indigenous Parliament and three other Xinca leaders were abducted by a group of heavily armed men. While two of the kidnapped men escaped, Exaltación Marcos Ucelo was found dead early Monday morning. After more than 24 hours missing, Roberto Gonzalez Ucelo, President of the Xinca Parliament was found alive.

TAKE ACTION: Call for an investigation and the departure of Tahoe Resources in response to recurring violence

The four Xinca leaders were on their way home from observing a community consultation in El Volcancito, San Rafael Las Flores when they were attacked. The community consultation is the third in a series of 26 referenda planned in the municipality. Read more about the ongoing consultation process.

El Volcancito holds a community consultation on March 17 (credit: NISGUA)

In response, Interior Minister Mauricio López Bonilla made statements in the press conflating the non-violent community organizing in the municipalities of Mataquescuintla and San Rafael Las Flores with this and other recent violence. His comments are further evidence of ongoing stigmatization and criminalization of human rights defenders in Guatemala, an issue that was raised specifically with regard to the situation in San Rafael Las Flores in the UN’s report on Guatemala delivered this January.

On Friday, March 15, human rights defender and member of the Departmental Assembly of Huehuetenango (ADH), Rubén Herrera, was arrested for alleged crimes committed in relation to the Barillas case, a conflict stemming from the Guatemalan government's lack of respect for the community consultation process carried out in 2007. Despite a clear rejection of large-scale development projects in their territory, the government granted Hidro Santa Cruz S.A. permission for construction of the Cambalam hydroelectric dam.

In a hearing held on Tuesday, March 19, Herrera was denied bail and accused of 12 crimes, including kidnapping and terrorism. Despite arguments from the defense team and the Public Prosecutor's office demonstrating the lack of evidence linking him to these crimes, the judge denied Herrera's bail and ordered the case to move to pretrial proceedings on May 30. Read the ADH urgent communique here.

Rubén Herrera of the ADH (credit: James Rodríguez, mimundo.org)

NISGUA stands in solidarity with the Rubén Herrera and the Departmental Assembly of Huehuetenango in denouncing the systematic criminalization and persecution of community leaders and human rights defenders.

These incidents come on the heels of the Constitutional Court decision to uphold the 1997 Mining Law against a constitutional challenge presented by the Western Peoples’ Council (CPO) for lack of prior consultation with indigenous peoples. The current mining law fails to fulfill national and international mandates that require the State to consult with indigenous people regarding projects or policies that will significantly impact their territories.

NISGUA, together with the Coalition against Unjust Mining in Guatemala, submitted a press release critiquing the Guatemalan Government's denial of justice for indigenous peoples affected by mining.

“Not only is this ruling a negation of justice, it is a negation of the existence of indigenous peoples' right to participate as political actors,” said Francisco Mateo Rocael, representative of the Western Peoples' Council in response to the Court's ruling. Read NISGUA's full translation of the CPO statement.

NISGUA has accompanied communities and organizations resisting Tahoe's Escobal project since 2011. NISGUA also works closely with the Departmental Assembly of Huehuetenango (ADH) in their efforts to promote self-determination and alternative visions of development in the highland department of Huehuetenango. The ADH receives international human rights accompaniment from NISGUA through the ACOGUATE project and participated in NISGUA's 2010 tour.

Rubén Herrera, member of the Departmental Assembly of Huehuetenango (ADH), Arrested in Barillas Case

URGENT COMMUNIQUE from the Departmental Assembly of Huehuetenango in Defense of Territory (ADH)

 

*Official Translation by NISGUA

Spanish below

It is with great concern that we share the unfortunate news that today, March 15, at 7:30 in the morning, Rubén Herrera, a member of the coordination of the ADH, was arrested while leaving his home. Rubén Herrera has been linked to the Barillas case, along with 22 people who continue to have arrest warrants against them.

It is inconceivable that the legal persecution of leaders [continues] despite the fact that the court released and declared innocent the 11 political prisoners who were detained for eight months on the same charges.

We call on national and international social organizations to express their solidarity in order to halt this systematic violation of fundamental rights and to denounce the criminal and hostile role of the company, Hidro Santa Cruz, in causing this tragedy, which began three years ago.

We express our deep support and solidarity with the family of Rubén Herrera and demand his liberation as soon as possible.

OUR STRUGGLES ARE LEGITIMATE AND DEMOCRATIC

WE ARE NOT CRIMINALS

LIBERTY FOR OUR POLITICAL PRISONERS

WE ARE ALL BARILLAS

Huehuetenango, Friday March 15, 2013

*******

COMUNICADO URGENTE de la Asamblea de Pueblos de Huehuetenango por la Defensa del Territorio

Con mucha preocupación queremos  manifestar la noticia lamentable  que el día hoy 15 de marzo a  las 7:30 de la mañana fue capturado el compañero Rubén Herrera, miembro de la coordinación de ADH, cuando estaba saliendo de su casa.  El compañero Rubén Herrera lo vinculan con el caso de Barillas junto con 22 personas que aun tienen orden de captura.

Es inconcebible la persecución legal contra los lideres y lideresas cuando el juzgado ya declaro inocentes y  en libertad a los 11 presos políticos detenidos durante 8 meses por los mismos casos.

Hacemos un llamado a las organizaciones sociales nacionales e internacionales su solidaridad para frenar esta sistemática violación a nuestros derechos fundamentales y denunciar el papel delincuencial y hostil de la empresa Hidro Santacruz, causante de esta tragedia que inicio hace 3 años.

Manifestamos nuestro profundo apoyo y solidaridad con la familia del compañero Rubén Herrera y exigimos su liberación lo más pronto posible.

NUESTRAS LUCHAS SON LEGITIMAS Y DEMOCRATICAS 

NO SOMOS DELINCUENTES

LIBERTAD A NUESTROS PRESOS POLITICOS

TODAS Y TODOS SOMOS BARILLAS

 Huehuetenango, viernes 15 de marzo de 2013
 
The Departmental Assembly of Huehuetenango (ADH) works to promote self-determination and alternative visions of development in the highland department of Huehuetenango. The ADH receives international human rights accompaniment from NISGUA through the ACOGUATE project and participated in NISGUA's 2010 tour; you can find more information about their work here.