The answer to "Who knows who started the fire..." at the Spanish Embassy

Three and a half decades had to go by in order to achieve justice for a horrendous moment in the history of the country. At the time, television cameras recorded the burning of the Spanish Embassy in Guatemala and showed the agony the 37 people endured after being blocked from leaving. The official version offered by the State and other conservative actors was that a group of terrorists had committed suicide in an act of protest. [On January 19], a national court sentenced the police officer in charge of the operation; his goal was to guarantee that no one leave the diplomatic headquarters alive.

By Rodrigo Veliz Nómada
Translated by: NISGUA

Original article in Spanish can be found here.

[In 1980] a campesino organization, the Committee for Campesino Unity (CUC) and a group of students, the Robin García Student Front (FERG), took over the Spanish Embassy to call attention to the beginning of the massacres of entire communities in the highlands of Guatemala.

It was the time of military dictatorships, of guerrilla organizations, of mobilizations and massive marches, of political assassinations every day. These were the years of crisis, when groups - for good or bad - looked for change, while others sought to preserve the way things were through the use of terror. It was the last day of January 1980.

Neighbors and passerbys in zone 9 besieged the police and military, asking them why they were not lifting a finger to save the victims who were crying out. The faces of the police wearing civilian clothes and uniforms remained stone cold. The firefighters looked to break the blockade maintained by security forces. In the background, the cries came out of the top of the two-story building. Screams of agony. The occupants - campesinos, students, Spanish diplomats and other embassy staff - pleaded to be let out while they were being burned alive. For minutes, nobody was able to do anything. Some, out of a sense of helplessness. Others, because they were under direct orders not to do anything. The order was this: not even one person gets out alive.

For years, it was impossible to know who was responsible for the massacre. The intellectual authors backed the official truth provided by the dictatorship: the occupiers of the Spanish Embassy killed themselves in an act of protest. It had nothing to do with the State or its security forces, said the military. The most prestigious conservative historian, Jorge Luján Muñoz maintained for years that Gregorio Yujá Xona, the campesino who survived the burning, only to be killed one day later and left dead on the USAC campus, stated while in the hospital: "who knows who started the fire?" [Muñoz] expressed his position in books and during his testimony at the trial. With this, the truth about one of the biggest urban massacres in the history of Latin America was left in darkness.

Organizations in defense of territory denounce violence against their communities

Late Sunday night, around 10:30PM, father and daughter activists involved in the resistance against Tahoe Resources' Escobal Mine, Edwin Alex Reynoso and Merilyn Topacio Reynoso, were attacked by unknown suspects. Alex and Topacio were on their way home from Matequescuintla after attending an activity there. Topacio was shot and killed; Alex was severely wounded and remains in intensive care. While details of the attack against Alex and Topacio remain unclear, the incident forms part of a larger pattern of recent violent acts and intimidation against those who defend their right to life and territory. 

Out of the ongoing repression and criminalization of peaceful communities, resistances across Guatemala have united to denounce the reality in which they live and demand respect for their human rights.

Communities in Resistance from San Juan Sacatepéquez, San José del Golfo and San Pedro Ayampuc, San Rafael Las Flores and Mataquescuintala, the Xinca Parliament, Communities of Monte Olivo, the Coordination and National Convergence Maya Waqib’Kej and the Indigenous, Peasant and Popular March express that:

The current government headed by President of the Republic Otto Pérez Molina has increased violence in order to comply with commitments made with the oligarchy and transnational companies. The acts of terror, repression and criminalization during his administration can only be compared to the military violence enacted during the counterinsurgency war against our people. Said repression is directed toward pacific social struggles that indigenous peoples and social organizations maintain in defense of territory.

This policy serves the diverse interests of transnational companies behind the mining extractive industry, hydroelectric dams and monoculture crops. This past year, community leaders, women, men, youth, small children, and social leaders have been subject to many human rights violations, including states of siege, provocations, intimidations, threats, legal persecutions, illegal detentions, abductions and even assassinations of community leaders.

In order to carry out this repression, the government has made available all state agencies to protect the interests of transnational companies, ignoring the first principle of its mandate which is to protect and guarantee life to the people of Guatemala, with the common good being its supreme goal.

Communities like Monte Olivo in Cobán, Alta Verapaz; Sierra de las Minas in El Estor, Izabal; San José del Golfo; San Pedro Ayampuc; San Rafael las Flores; Mataquescuintla; San Juan Sacatepéquez; San Miguel Ixtahuacán; Sipacapa, San Marcos; Santa Cruz Quiché; and Santa Cruz Barillas, Huehuetenango represent some of the communities that are persecuted and attacked.

The 12 communities of San Juan Sacatepéquez, since 2006, continue their strong struggle in defense of territory against the arrival of the cement company in their communities without their consent, as indicated by law. The company, [Cementos Progresos], threatens to construct a highway to connect the cement factory to the InterAmerican Highway….

The Xinca People have been subject to all human rights violations described above. In 2013, a state of siege was established in the department of Jalapa, affecting the indigenous communities of Santa María Xalapan and Mataquescuintla, and the municipalities of Casillas and San Rafael las Flores in the department of Santa Rosa. This type of measure, similar to those in Santa Cruz Barillas, Huehuetenango and San Juan Sacatepéquez, demonstrates diverse human rights violations to men, women and children….

San José del Golfo and San Pedro Ayampuc, last March 2, commemorated the second anniversary of the “La Puya” peaceful opposition, an example of resistance, struggle and love in search of the defense of water, life and territory.

Recently, the La Puya peaceful resistance was subject to new attacks and confrontations by the mining company, with intimidations and under the protective arm of the National Civil Police (PNC).  The community members, who have exercised their legitimate right to pacific social protest in defense of territory, continue to fear eviction by the PNC….

The community “Ninth of February” in the region of Monte Olivo in Cobán, Alta Verapaz, this past April 8, was witness to a new attack on community leaders by large-scale farmer Sandino Ponce and his armed security guard, who wounded five men, one boy and a pregnant woman….

The Campesino Unity Committee (CUC) has suffered a series of attacks that total 44 assassinations amongst members of its organization between 2000 and 2014. Since 2011, assassinations, threats, forced evictions, criminalization, detentions and imprisonment have increased. Smear campaigns, defamation and slander join these techniques that try to delegitimize 36 years of struggle….

Before this reality of repression in which each of the above-mentioned communities lives, we DEMAND:

That the Human Rights Ombudsman’s Office, the High Commissioner’s Human Rights Office, CICIG, including the InterAmerican Commission on Human Rights of the Organization of American States, speak out and demand of the Guatemalan state that it fulfill its obligation to guarantee the right to life, physical integrity and other fundamental rights to the Guatemalan people, before this new repressive attack by clandestine groups and private security companies that generate abductions, death threats, assassinations, threats and intimidations against our communities.

That the Human Rights Ombudsman’s Office monitor, accompany and protect the physical integrity and life of the families that find themselves threatened and persecuted, and also protect human rights defenders and those who defend Mother Earth.

That the government of Guatemala immediately withdraw National Army forces from the communities in resistance, we especially demand withdrawal from Santa Maria Xalapan and San Juan Sacatepéquez.

The closure of extractive industry companies and the termination of turning over national territory to the hands of transnational companies.

That international human rights organizations, indigenous organizations, peasant organizations, women’s organizations, unions and solidarity groups not be surprised by defamation campaigns and slander. These campaign principally aim to criminalize communities and organizations in order to delegitimize them and facilitate their criminal prosecution.

In these moments, in which we are once again living massacres, abductions, assassinations, states of prevention and states of siege, similar to wartime but with elements of criminalization and criminal prosecution, we demand launching a visibilization campaign of what happens in our country and more importantly, a campaign of permanent solidarity.

12 Communities in Resistance from San Juan Sacatepéquez

Communities in Resistance from San José del Golfo and San Pedro Ayampuc

Xinca Parliament

Indigenous, Peasant and Popular March

Coordination and National Convergence Maya Waqib’Kej

Stand in solidarity with the peaceful resistance at La Puya, which was threatened by heavy machinery and riot police last week and continues to fear eviction.

Communities of Santa Rosa and Jalapa denounce criminalization of leaders opposing Tahoe Resources' Escobal mine

Since the May 2 declaration of a state of siege in four municipalities surrounding Tahoe Resources' mine, 12 members of the Committee in Defense of Life and Peace of San Rafael had their homes raided by police and military forces, five community members have been arrested and charged, and at least 18 more have pending arrest warrants against them.

During the last year, there have been more than 70 legal processes against individuals peacefully opposing Tahoe's Escobal mine. Many of those singled out have participated in the Committee in Defense of Life and Peace and have been leaders in the organization of the 12 community consultations carried out in the region since 2011. In each of the consultations, the population voted overwhelmingly against mining projects in their territory.

Criminalization continued during the May state of siege when Judge Carol Patricia Flores, who attempted to annul the historic genocide trial before the Constituional Court did so officially on May 20, issued at least 18 arrest warrants in a legal process filled with anomalies. Among the five arrested was Guillermo Carrera, community leader and member of the Committee in Defense of Life and Peace. After almost two months in prison, a judge in Jalapa has only just been assigned to hear Carrera's case. All of the accused are implicated in crimes related to the robbery of mine explosives in November 2012 and the detention of police officers in Santa Maria Xalapán in April 2013.

Supporter calls for due process at the peaceful protest outside the Public Prosecutor's office. A photo of Guillermo Carrera, unjustly imprisoned for almost 2 months, hangs around his neck. (Photo: NISGUA)

President of the Xinca Parliament, Roberto González, and prominent leader of the Committee for the Defense of Life and Peace of San Rafael las Flores, Rudy Pivaral, are among those with arrest warrants pending. González was one of the Xinca leaders kidnapped after leaving a community consultation on the Tahoe project in March, 2013. Rudy Pivaral has been instrumental is the organization of the eight consultations to date in the municipality of San Rafael las Flores.

On June 19, the Campesino Unity Committee (CUC) and the Xinca Parliament filed an appeal against High Risk Court “A” judge, Carol Patricia Flores. The legal action denounced the loss of the court audio, considered to be critical pretrial evidence. According to Sergio Beltetón, legal counsel for CUC, “It is a violation of the Penal Process, which requires that all judicial hearings be electronically recorded... the judge's excuse is that the audio was lost, and that it wasn't recorded on a CD or a hard drive on the computer.” 

Today, families, friends and supporters of the criminalized and jailed gathered outside Guatemala's Public Prosecutor's office to demand an end to criminalization and respect for due process. NISGUA joins our Guatemalan partners in denouncing the persecution of community and indigenous leaders legitimately defending their territory, self-determination and the right to live in a healthy environment. 

Rudy Pivaral's mother calls for due process in the case against her son. (Photo: NISGUA)

Despite the ongoing persecution of mine opposition, important steps have been made in the search for justice for victims of the violent attack carried out against peaceful protesters outside the mine site on April 27. Two Tahoe Resources employees have been arrested and charged in connection to the attack against community members in which six men were seriously injured. Former Tahoe head of security, Alberto Rotondo, and security advisor Juan Pablo Oliva Trejo are under house arrest awaiting trial.

NISGUA has been accompanying the consultation processes in the communities surrounding the Tahoe Resources mine site since 2011.