Showing posts with label Escobal. Show all posts
Showing posts with label Escobal. Show all posts

Tuesday, October 13, 2015

Tahoe Resources kicks out peaceful protesters from Reno offices during the launch of the 2015 Tahoe on Trial speaking tour

Criminalizing protest and free speech across borders


NISGUA’s Tahoe on Trial speaking tour kicked off yesterday by going right to the U.S. source - Tahoe’s U.S. headquarters in Reno, Nevada. We were honored to join local indigenous leaders and activists organized with the Nevada Progressive Leadership Alliance (PLAN Nevada) in downtown Reno for a rally to commemorate Indigenous Peoples’ Day and draw connections between grassroots struggles across borders. Together with other speakers, CODIDENA representative Llan Carlos Dávila denounced the neo-colonization of community lands through the imposition of resource extraction activities without consent, ongoing militarization and racism.

Activists gather underneath Reno's archway on Indigenous
Peoples' Day to denounce the company's abuses in Guatemala.
Photo: Jose Olivares
Those who spoke drew connections between the struggles to defend land and natural resources of indigenous and First Nations people in the U.S. and Canada with those opposing transnational mining in Guatemala. 

From there, a handful of supporters brought concerns directly to Tahoe Resources’ offices about the ways the company is contributing to human rights violations around its Escobal mine in southeastern Guatemala. For years, CODIDENA and other communities impacted by Tahoe’s mine have called on the company to respect the results of consultations that have taken place in municipalities around the mine, where more than 55,000 people have voted against the mine’s presence. Communities have continuously denounced the repressive and violent tactics used against peaceful protesters, including legal charges brought against more than 90 people since 2011 for vocally opposing the mine. All cases have been thrown out for lack of evidence, but still, Tahoe hasn’t listened. 

Llan Carlos Dávila (CODIDENA) talks about increased militarization
since Tahoe's arrival to southeastern Guatemala. Photo: Jose Olivares

Unfortunately, this pattern of silencing criticism and criminalizing dissent continued at the company’s Reno office. Instead of receiving the 15 or so CODIDENA supporters who went into the office, Tahoe’s Head of Investor Relations Ira Gostin immediately informed us that we were trespassing. Instead of respectfully listening to PLAN Nevada’s concerns about Tahoe’s operations in Guatemala, Gostin told PLAN they were misinformed. Instead of talking with NISGUA about allegations of violence by Tahoe’s private security in Guatemala, Gostin called the police. 

Tahoe's Head of Investor Relations, Ira Gostin, calls the police
instead of listening to community concerns. Photo: Jose Olivares
Tahoe’s corporate strategy has been to respond to criticism and opposition with criminalization. No doubt, the scale of repression in the United States is significantly different than the scale of repression in Guatemala. But the core reaction is the same. Tahoe attempts to silence dissent using fear, but communities continue to show that they cannot be bullied into standing aside. 

At the rally earlier in the day, Pãpalōtl of the Nahuatl Nation read a quote from Waziyatawin, a Dakota professor, author, and activist from the Pezihutazizi Otunwe in southwestern Minnesota. She says: “We live in a police state. The most powerful nation on Earth uses force or the threat of force to maintain control over indigenous peoples, land and resources. According to the occupiers, the only acceptable response to this is compliance. That we must accept the threat of our lands, the rape of our mother Earth and our own subjection. If we do not, we are criminalized, incarcerated or killed.” She finished with this rallying call, “Yet today, we are here, brothers and sisters, to let them know we are still here and we will resist until the end, all for our sacred waters and our Mother Earth.”

On the 2015 Tahoe on Trial tour, NISGUA and CODIDENA are bringing the voices of those most impacted by Tahoe’s Escobal mine to the United States. Click here to find out three tangible things you can do right now to support impacted communities as they denounce ongoing militarization as a result of Tahoe's mining activities. Connect with us on Facebook and Twitter for live tour updates, and click here to find a tour stop near you! 

Friday, October 2, 2015

Three things you can do to halt Tahoe Resources' expansion in Guatemala!


For the past five years, communities impacted by Tahoe Resources' Escobal mine in southeastern Guatemala have stood up to peacefully defend their lands and livelihoods. The Diocesan Committee in the Defense of Nature (CODIDENA) has led this movement – organizing and carrying out community referenda in which more than 55,000 people in seven municipalities voted against the silver mine. Despite this clear message, Tahoe and the Guatemalan government have pushed the project forward, using violent repression, criminalization and militarization in an attempt silence the resistance.

But the resistance didn’t go away. Today, thousands of brave women and men continue to seek out new, creative and resilient ways to express their opposition to Tahoe’s Escobal project and to halt the company’s plans to develop more mines in the region.

This October, CODIDENA and NISGUA will visit seven states across the US to call attention to Tahoe's human rights violations in Guatemala and to build solidarity across borders. Upon return, we will meet with the US Embassy in Guatemala to demand accountability for US – Canadian companies operating in Guatemala with impunity but without the consent of impacted communities.

Here are three things you can do to support communities in resistance to Tahoe Resources:

Step 1: Call and Email Your Elected Representatives


Tell the US government: Tahoe Resources contributes to human rights violations in Guatemala!

*Find contact information for your representative by visiting opencongress.org

Hello, my name is ____________________, and I am deeply concerned that North American mining companies are contributing to human rights violations in Guatemala. There is mounting evidence that Tahoe Resources, a company operating in Guatemala with headquarters in Nevada and Vancouver, collaborated with the Guatemalan military and a US private security company to suppress local opposition to their Escobal silver mine through the criminalization of protest and violent repression. Today, military outposts line the highway on either side of the mine, intimidating communities who have consistently and democratically voted against mining in their territory.

The abusive actions of US companies abroad is a US problem and requires US government response. I ask that you share this information and concern with Roberta Jacobson, head of the Bureau of Western Hemisphere Affairs at the US State Department and Todd Robinson, US Ambassador to Guatemala.

Step 2: Join our Thunderclap


Upon return from the tour, we will meet with the US Embassy to raise concerns about human rights violations around the Escobal mine. Show that you stand with CODIDENA in opposing Tahoe Resources in Guatemala by adding your voice to our Thunderclap. The day before the meeting, this messages will be posted from your Twitter, Facebook, or Tumblr account along with messages from hundreds of others!


Continue the conversation! During the month of October, directly ask the US Embassy some hard questions about Tahoe’s operations in Guatemala. Here are some samples: 
  • #TahoeResources boasts popular support. So why hire a US company with operations in Iraq to develop its security strategy? @usembassyguate
  • How can #TahoeResources be allowed to ignore 55,000+ votes against mining by communities neighboring the #Escobal mine? @usembassyguate

Step 3: Show Your Solidarity - a picture is worth 1000 words


Mine-impacted communities want us to know that despite repression and militarization, they are still resisting Tahoe's operations and expansion. Let them know that you stand with them by taking a picture of yourself with a sign expressing your solidarity. Use the hashtag #StillHereWithYou or #SeguimosConUstedes and #TahoeOnTrial. Tag NISGUA on Facebook or Twitter!

Erick Fernando Castillo, one of the men who was
shot outside the Escobal mine, poses in front of the
resistance camp. Photo credit: Giles Clarke 

Wednesday, September 23, 2015

Join NISGUA & CODIDENA on our 2015 tour!


We are excited to announce that NISGUA’s 2015 speaking tour will feature the Diocesan Committee in Defense of Nature (CODIDENA) - the grassroots organizers behind widespread opposition to Tahoe Resources' mine in Guatemala. The two-week tour begins October 12 in Reno, Nevada and will travel through Midwest and the Northeast before ending in Boston on October 26.

CODIDENA leader Llan Carlos Dávila will talk about efforts to peacefully halt the development of Tahoe Resources' Escobal silver mine through popular education, grass-roots base building and the organization of six municipal referenda. Llan Carlos will also detail the ongoing threats he and other CODIDENA leaders face due to their efforts to stop Tahoe's expansion in the region.

Visit our event page on Facebook or follow @NISGUA_Guate on twitter for live tour updates. We hope you can join us!

FULL ITINERARY OF PUBLIC EVENTS -- MORE DETAILS TO FOLLOW:

 

RENO, NV: MONDAY, OCTOBER 12
Hosted by: PLAN Nevada and Reno Justice Coalition

12:00-1:00PM
Rally @ the Reno Arch Downtown

6:00-8:30PM
Community Event with Dr. Debra Harry
Joe Crowley Student Union
1664 N Virginia St
Reno, NV

CHICAGO, IL: OCTOBER 13-15
Hosted by: Chicago Religious Leadership Network and Northwestern University

WEDNESDAY, OCTOBER 14

9:40-11:10 AM
Public Presentation
De Paul University - Arts and Letters Hall, Room 209
2315 N Kenmore
Chicago, IL

2:15-3:45 PM
Public Presentation
Collaboratory for Urban and Intercultural Learning
North Park University - Caroline Hall
3225 W. Foster
Chicago, IL

THURSDAY, OCTOBER 15:

7:00-8:30 PM
Public Presentation
Buffett Institute for Global Studies
Northwestern University
1902 Sheridan Road
Evanston, IL 60208

BAD RIVER RESERVATION: FRIDAY, OCTOBER 16
Hosted by: Bad River Band of Lake Superior Chippewa Tribe


Community exchange
Afternoon/Evening
TBD

TWIN CITIES, MN: OCTOBER 18-19
Hosted by: The Lakes Area Group Organizing Solidarity for Guatemala (LAGOS)


SUNDAY, OCTOBER 18

9:30-10:30am
Church Forum
First Unitarian Society
900 Mt. Curve Avenue
Minneapolis, MN

12:45-1:45pm
Public Presentation
Mayflower Church
106 E Diamond Lake Road
Minneapolis, MN

6:00-8:00pm
Community Event
Gandhi Mahal
3009 27th Avenue South
Minneapolis, MN

Monday, OCTOBER 19

10:00-11:30
Community Event
CENTRO
1915 Chicago Avenue
Minneapolis, MN

12:00-1:00pm
Public Presentation
Macalester College
Carnagie Room 304
St. Paul, MN

LA CROSSE/VIROQUA, WI: OCTOBER 20
Hosted by: University of Wisconsin – La Crosse


TUESDAY, OCTOBER 20

4:00-5:30pm
Public Presentation
Hall of Nations
University of Wisconsin La Crosse
La Crosse, WI

NEW YORK, NY: OCTOBER 22-23
Hosted by: Local GAP Former Accompaniers and NISGUA supporters

THURSDAY, OCTOBER 22

12:00-1:30
Brown Bag Lunch sponsored by CLACS @ NYU
King Juan Carlos I of Spain Center, Room 404
53 Washington Square South
New York, NY 10012

6:00-8:00 PM
Community Event -- LIVE STREAM on CUNY TV
CUNY Graduate Center -- Segal Theatre
365 5th Avenue, NYC
Co-sponsored by Skylight Pictures

Friday, October 23

7:00-8:30 PM
Community Event
Saint Columba Church
Downstairs meeting room of the Rectory
343 West 25th Street, NYC


BOSTON & PROVIDENCE: OCTOBER 25 - 26
Hosted by: Needham Congregational Church & GAP Former Accompaniers 

SUNDAY, OCTOBER 25

1:00-3:00
Community Event
Co-sponsored by Rhode Island Jobs with Justice & Bell Street Chapel
5 Bell Street
Providence, RI

6:30-8:30pm
Community Event
Needham Congregational Church
1154 Great Plain Avenue
Needham, MA


MONDAY, OCTOBER 26

12:00-2:00pm
Brown Bag Lunch sponsored by CLACS @ Brown University
Watson Institute, McKinney Conference Room
111 Thayer Street
Providence, RI

6:00-8:00pm
Public Presentation
Hosted by the Program on Human Rights and the Global Economy
65 Forsyth, Dockser Hall, Room 230
Boston, MA

Friday, September 11, 2015

Crumbling political support for Tahoe Resources in Guatemala

Article written in collaboration with MiningWatch Canada and the Maritimes-Guatemala Breaking the Silence Network

If the militarized security strategy that Tahoe Resources has used to put its Escobal silver mine into operation isn’t enough to raise questions about the ethics of the company’s operations in Guatemala, the recent resignation of Guatemalan President Otto Pérez Molina should be. Pérez Molina stepped down on September 2 after Congress voted to strip him of his political immunity. A week later, he was indicted on charges of illicit association, customs fraud, and bribery for his involvement in a customs network that robbed tens of millions of dollars of taxpayer money.

Rewind to July 2013, when former President Otto Pérez Molina made a personal site visit to the Escobal mine located in San Rafael las Flores in the department of Santa Rosa. The visit took place just a few months after Tahoe’s head of security was arrested for his role in the shooting of seven peaceful protesters and a subsequent month-long military state of siege was imposed on four municipalities in the area. While at the mine, Pérez Molina mingled with workers and filmed a national television address affirming support for the project. 

Former President Otto Pérez Molina poses with Escobal mine
workers. Photo: Tahoe Resources

Today, Pérez Molina is accused of heading “La Linea” customs network that is said to have benefited transnational companies by offering lower tariffs in exchange for handsome pay-offs to politicians. Vice-president Roxana Baldetti has also been indicted on the same charges and over a dozen cabinet ministers potentially implicated in the fraud scandal have resigned, including Minister of Energy and Mines, Erik Archila. Archila approved Tahoe’s exploitation license in April 2013 without taking into consideration over 250 individual complaints filed against the license for potential impacts on water and health of the local population.

While it is unclear if Tahoe or other North American mining companies benefited from the fraud ring, the company’s cozy relationship with Otto Pérez Molina's scandal-ridden government has been well documented. During his administration, state-sponsored repression plagued communities in resistance to Tahoe and has facilitated the imposition of the Escobal mine against the will of the local population. 

It is too soon to know how the recent general election results may change this arrangement, but cracks have already started to show at the local level where Tahoe has also relied on close political relationships. 

Cracks in Tahoe’s privileged political support


During the past four years, Tahoe has relied on the mayor of San Rafael Las Flores to prevent local communities from holding a referendum about whether or not they want mining in their municipality. While the six municipalities surrounding the Escobal mine held referenda overwhelmingly rejecting mining, residents of San Rafael las Flores were denied this important opportunity. Instead, nine villages within the municipality organized their own referenda, in which the majority overwhelmingly rejected the Escobal mine. 

Results from Guatemala's general elections held September 6 indicate an important shift in support for Tahoe Resources in San Rafael las Flores, as well as in the surrounding areas. In San Rafael Las Flores, Roberto Pivaral, member of the Committee in Defense of Life and Peace who was an early victim of Tahoe's strategy to criminalize opponents, won enough support in rural areas of the municipality to win the mayoral race on a pro-referendum platform. 

Municipalities surrounding Tahoe’s Escobal project vote against mining


In the neighboring municipality of Mataquescuintla, where 96% of voters opposed mining in a 2012 referendum, Hugo Loy was re-elected as mayor. Loy has openly opposed Tahoe’s presence in the region and has fought hard to uphold the results of the 2012 vote by opposing the construction of an electrical line between Mataquescuintla and the Escobal mine. Opponents to mining in Mataquescuintla have faced severe threats and violence, including the 2014 attack in which 16-year old Topacio Reynoso was murdered and her father Alex was seriously injured. 

Rejection of Tahoe Resources also came through loud and clear in two other municipalities close to the Escobal mine. In Santa Rosa de Lima, residents ousted the candidate who had accepted royalty payments from the company, and instead, elected community leader and pro-referendum candidate, Llan Carlos Dávila. In Nueva Santa Rosa, voters re-elected the current mayor who, due to community pressure, has so far upheld the results of the consultation and refused to accept mining royalties. 

Tahoe Resources' selective amnesia


In a press release issued following President Pérez Molina’s resignation, Tahoe Resources asserted that all is calm in Guatemala and that business will continue as usual. Tahoe expressed support for acting President Alejandro Maldonado Aguirre, who became Vice President after the resignation of Roxana Baldetti. Tahoe stated Maldonado has been "the force of calm in the country" and that "his leadership has been viewed within Guatemala as very positive." 

However, Tahoe fails to mention that Maldonado, a former Constitutional Court judge is also a founding member of the now non-existent National Liberation Movement party (MLN in Spanish), an extreme right-wing political party known for its connection to death squads in the 1960s. The company also doesn't say that during his time in the Constitutional Court, Maldonado voted to annul the historic 2013 genocide sentence and one year later, voted for the early removal of respected Attorney General Claudia Paz y Paz. 

Finally, Tahoe assures investors that, “The embassies of Canada and the United States are heavily involved in assisting and supporting the Guatemalan government’s efforts to maintain order and peace and assure stability during these difficult times." But, far from deserving congratulatory remarks for their role, serious questions should be raised about what North American Embassies in Guatemala might have known about rampant corruption in the Otto Pérez Molina administration, and be challenged for their willingness to demonstrate support for such a repressive regime in order to protect Canadian and U.S. economic interests in the country. Rather than providing staunch support to ensure the interests of mining companies, such as Tahoe Resources, Goldcorp, Kappes, Cassidy & Associates and others, they should order investigations as to whether these companies were at all benefiting from the customs fraud ring and make a commitment not to provide any support for mining activities where communities have not given their consent.

Monday, July 13, 2015

In wake of Guatemala corruption scandals, Tahoe Resources’ Escobal license faces legal challenge

On July 12, 2015, the Guatemalan Center for Environmental and Social Legal Action (CALAS) filed criminal charges against former Minister of the Ministry of Energy and Mines (MEM), Erick Archila, and former mines director at MEM, Fernando Castellanos. CALAS is accusing Archila and Castellanos of violating the Constitution and for breach of duty for having granted Tahoe Resources an exploitation license for the Escobal project without adequate consideration of more than 250 community complaints against the project. CALAS called on the UN-backed International Commission Against Impunity in Guatemala (CICIG) to fully investigate the Escobal licensing process, citing Archila's possible involvement in influence trafficking and illicit enrichment.

CALAS’s complaint reflects ongoing and widespread opposition to mining in Santa Rosa and Jalapa, which the government and company alike have ignored. Beginning in December 2011, more than a year before MEM granted Tahoe Resources its license, residents from various communities in Santa Rosa and Jalapa began filing administrative complaints against the project, according to provisions within Guatemala's mining law. The complaints, over 250 in all, expressed opposition to the project based on anticipated environmental impacts, which would violate residents' rights to water and to live in a healthy environment. 

According to the mining law, MEM is required to hold a hearing with the affected individual and the mining company in order to resolve each complaint. However, on April 3, 2012, less than one hour before the press conference when the approval of Tahoe’s exploitation license was announced, all of the complaints were dismissed.[1] CALAS argues that the Escobal license was therefore granted illegally and in violation of constitutional rights.[2] In May 2013, they initiated legal proceedings to repeal MEM's decision.[3]

On July 23, 2013, the Civil and Mercantile Division of Guatemala's First Court of Appeals decided in favor of the communities, upholding the appeal and putting the legality of the Escobal exploitation license in question. Tahoe Resources' Guatemala subsidiary Minera San Rafael appealed the decision, sending the case to the Constitutional Court. A final decision is pending. 

The recent charges come in the wake of an ongoing political crisis in Guatemala sparked by joint CICIG and Public Prosecutor investigations that revealed rampant corruption in the social security and customs offices, as well as in the judicial system and Congress. So far, 42 people, including President Molina's former personal secretary, his general secretary and the head of the national bank, have been arrested. Vice President Roxana Baldetti resigned on May 8 under suspicion of illegal enrichment and Congress is considering stripping Otto Perez Molina of his presidential immunity. Former MEM Minister Erick Archila resigned on May 15 and is facing allegations of corruption, money laundering and anomalies in the granting of numerous government contracts.

[1] Prensa Libre, “MEM inválida oposiciones en Santa Rosa” (5 April 2013), online:

[2] La Hora, “Tensión por proyecto minero en San Rafael Las Flores” (10 April 2013), online: http://www.lahora.com.gt/index.php/nacional/guatemala/actualidad/176076-tension-por-proyecto-minero-en-san-rafael-las-flores

[3] El Periodico, “Despues de recibir ataques, CALAS anuncia acciones legales contra mina” (4 April 2013), online:

Monday, May 11, 2015

Something big was missing from Goldcorp and Tahoe Resources' shareholder meetings: the voices of communities impacted by their mines

On April 30th and May 8th respectively, Goldcorp and Tahoe Resources held their Annual General Meetings (AGM) in Canada to discuss their FY2014 accomplishments and future expansion plans at their mine sites in Guatemala.

What was missing, however, were the many voices of those impacted by Goldcorp and Tahoe's operations around the world - voices of communities whose water sources are becoming increasingly contaminated and drying up; voices of community leaders who are being criminalized for speaking out against the mining companies, and the voices of peaceful Guatemalans who are witnessing the military occupy their communities once more in order to protect private corporate interests.

Members of the Maritimes-Guatemala Breaking the Silence
Network (BTS), the Mining Injustice Solidarity Network (MISN)
and other allies demonstrate in front of Goldcorp's office.
Photo credit: NISGUA
Organizers, activists and others in solidarity with mining-impacted communities gathered on April 30th outside Goldcorp's Toronto office to commemorate the life of 16-year-old Topacio Reynoso. Topacio was the Youth Coordinator of the Resistance in Mataquescuintla, near the Escobal mine, and was shot and killed in April 2014. Although the Escobal mine is owned by Tahoe Resources, Goldcorp retains a 29% controlling share in the company. 

"Rest in Power, Topacio!" Photo credit: NISGUA
Those present laid red carnations on the steps of Goldcorp's office in an act of solidarity with Topacio's family and friends as well as with communities who continue to face violence from mining operations. The flowers also symbolize the ongoing resistance to the Escobal project. In 2011, communities from San Rafael las Flores - which borders the Escobal mine - marched to the company's headquarters in Guatemala City and to the Canadian embassy to leave red carnations in an act of protest against the mining project.

Photo credit: NISGUA
Activists marched down Toronto's financial district to Goldcorp's shareholder AGM, carrying banners to denounce the violence suffered around the Marlin mine during its ten years of operation in Guatemala.


Photo credit: NISGUA
Photo credit: NISGUA
Community voices aren't being heard where the decisions are being made, and so demonstrators wheat-pasted some of the messages impacted communities wanted to tell investors outside Goldcorp's office and around Toronto's financial district.

Photo credit: Sarita Galvez
In a similar action on May 8th, members of the Mining Justice Alliance and Amnesty International gathered to bring some of these same messages to Tahoe Resources' shareholder AGM in Vancouver, Canada.

U.S. and Canadian-owned mining companies like Tahoe Resources and Goldcorp operate without the free, prior and informed consent of those most impacted by their operations. Instead of listening to the concerns of community members, these companies engage in practices of criminalization of local leaders, while promoting the implementation of militarized security strategies at their mine sites in an attempt to quell local opposition. 

Despite this violence, communities continue to stand up and say: "We're still here. We're still in resistance." 

To see more messages from those impacted by Tahoe's Escobal mine, click here

Surgen preguntas preocupantes sobre el equipo de seguridad militarizada de Tahoe Resources en base de transcripciones de escuchas telefónicas

Fuente: Amnistía Internacional Canadá – AlertaMinera Canadá – Red en Solidaridad con el Pueblo de Guatemala (NISGUA)

7 de abril, 2015

(Ciudad de Guatemala/Ottawa/Vancouver) Han salido a la luz pública las transcripciones de las escuchas telefónicas del exjefe de la seguridad de la empresa minera Tahoe Resources, Alberto Rodondo, derivado de una demanda civil en Canadá por víctimas sobrevivientes al tiroteo ocurrido el 27 de abril de 2013, afuera de la entrada del proyecto Escobal. Las transcripciones brindan evidencias contundentes sobre que Rotondo dirigió un ataque armado en contra de manifestante pacíficos, realizando acciones de encubrimiento de evidencias de dicho crimen, para posteriormente intentar huir del país. Las escuchas telefónicas salieron a la luz pública gracias a una investigación realizada por el Ministerio Público de Guatemala dos semanas antes de los hechos ocurridos, aparentemente relacionado hechos violentos anteriores. Las mismas que fueron originalmente presentadas ante una audiencia pública en mayo 2013 en Guatemala, cuando se levantaron cargos de asalto y encubrimiento en contra de Rotondo.

Siete guatemaltecos lesionados durante el ataque presentaron una demanda civil en contra de Tahoe Resources, con sede en Vancouver, Canadá, alegando que tiene responsabilidad por negligencia y agresiones en torno al ataque. Las primeras audiencias en la Corte Suprema de Columbia Británica, Canadá iniciaron el 8 de abril de 2015. Según la demanda presentada, Tahoe está acusado de haber autorizado expresamente el uso de fuerza excesiva por Rotondo y su personal de seguridad en contra de las personas heridas. Así mismo la Empresa fue negligente por haber fallado en prevenir el uso de la fuerza excesiva. Las transcripciones de las escuchas telefónicas han sido entregados como prueba en el caso.

En la transcripción número 4010, como parte de una conversación con el asesor de comunicaciones y seguridad, Alberto Rotondo explica que se pretende acabar las manifestaciones en contra de la mina con violencia: “Los corrí a balazos […] Traigan al cura Melgar pues, o a mujeres y niños para que se defiendan, ¿no eras el mero brincón? Así les dije a todos. Bueno hijue putas! […] Y les metí pero así […] En ningún momento yo voy a permitir, no voy a permitir que estos agarren confianza…”

En la transcripción número 4052, aparentemente hablando con uno de las guardias bajo su mando, Rotondo continúa: “Dicen que uno, tiene una, un balazo en la cara y… si le estalló en la cara, a balazos es que aprenden.”

En la misma transcripción, Rotondo ordena alterar la evidencia, mientras inventa otra versión de los eventos: “Limpien las armas pues […] Límpienlas bien, decimos ‘aquí no pasó nada.’ Grabaciones no hay ¿me entiendes? […] La versión es: que entraron y ellos nos atacaron. Y los hemos repelido no. […] Hay que decirle a la gente, es de que no se preocupe, que ellos vienen todos los días a agredirnos, con machetes y con piedras y la gente se ha defendido pues. Ahí están, allí están los escudos rotos. Pero quiebren dos más, para que vean de que nos atacaron.”

También parece que Rotondo coordinó con un oficial de la policía, con el nombre ‘Adilio’, conocido así por los vecinos de la zona, para asegurar que los guardias de seguridad y la policía contaran la misma versión de los eventos del 27 de abril. Activistas locales también sospechan que un individuo actuando bajo la dirección de Rotondo, referido en las escuchas como ‘El Moreno’, se había infiltrado en sus reuniones.

Finalmente, durante una llamada con su hijo en Lima, Pedro, Rotondo informa sobre sus planes para escapar: “Han habido problemas aquí en Guatemala y es mejor que me ausente un tiempo. ¿Si? […] Le saque la mierda a varios huevones aquí. Que se vayan al carajo. Entonces para evitarme un tema legal y esa onda.”

Justo después de esta última llamada, Alberto Rotondo fue capturado en el aeropuerto internacional de Guatemala y ligado a proceso por asalto y obstrucción de justicia. Seis campesinos y un estudiante fueron lesionados en el ataque. Todos son residentes de la municipalidad de San Rafael Las Flores donde está ubicada la mina Escobal.

Al mismo tiempo existe un proceso penal en contra de Alberto Rotondo en Guatemala, pero este ha sido demorado varias veces por diferentes estrategias jurídicas desde el 2013 a la fecha.

El 1 de mayo de 2013, Tahoe Resources publicó un comunicado con el propósito de echar la culpa a otros, declarando que la violencia proviene de “actores ajenos” y son responsables de aumentar las tensiones alrededor de la mina, con “una manifestación de aproximadamente 20 personas armados con machetes se volvió hostil”.

En una entrevista realizada por la agencia de noticias canadiense ‘iPolitics’ con el Representante de Relaciones con Inversionistas de Tahoe Resources, Ira Gostin, después de la publicación de las escuchas telefónicas presentadas como evidencia durante la audiencia pública el 6 de mayo de 2013 en Guatemala, Gostin afirmó que las escuchas eran falsas y que las acusaciones contra Rotondo eran inventos, mientras que dichas pruebas indican lo contrario.

La empresa no publicó otra declaración pública sobre el hecho hasta el 10 de julio cuando reportó haber terminado su contrato con la firma de Rotondo. En comunicaciones posteriores el Consejo Ético del Fondo de Pensiones Noruego publicó en su informe anual de 2014 que Tahoe Resources “[negó] que Señor Rotondo ordenó el asesinato de manifestantes pero no quiso dar más información sobre este punto dado a que hay un proceso abierto.” El Fondo de Pensión Noruego concluyó su investigación con la recomendación de no invertir más en Tahoe Resources.

Según una declaración presentada por el Vice Presidente de Operaciones, Donald Paul Gray, Tahoe Resources originalmente contrató a Rotondo a través de un acuerdo con International Security and Defense Management, LLC (ISDM), una empresa estadounidense con sede en California y liderado por ex-militares con experiencia en Afganistán y Iraq.

Después, aconsejado por ISDM, Rotondo fue contratado directamente por la subsidiaria de Tahoe Resources, Minera San Rafael. Anteriormente, Rotondo sirvió con la Marina del Perú y, según su página personal de LinkedIn, ha recibido entrenamiento militar en Fort Bragg, Carolina del Norte, EEUU, sobre la guerra psicológica y el contra-terrorismo en conflictos de baja intensidad.

La demanda civil presentada en Canadá por los siete agraviados en contra de Tahoe Resources por sus acciones en el extranjero es la primera en su tipo de ser escuchado en la provincia de Columbia Británica (B.C.). Las transcripciones de las escuchas telefónicas fueron entregadas como parte del proceso. Las audiencias de esta semana giran en torno a una solicitud de Tahoe Resources para desestimar el caso, que debe ser escuchado en B.C. o en Guatemala.

Se incorporó Tahoe Resources bajo el Acta de Corporaciones del B.C. y tiene sus oficinas centrales en Vancouver.Goldcorp, dueño de la Mina Marlin en el noroeste de Guatemala lo cual ha sido un fuente de conflicto con las comunidades indígenas afectadas por más de 10 años, tiene 40% de las acciones de Tahoe Resources y anualmente nombran 3 directores a su junta directiva.

Amnistía Internacional Canadá, Alerta Minera Canadá y la Red en Solidaridad con el Pueblo de Guatemala (NISGUA) han monitoreado y reportado sobre este caso durante los últimos años.

Copias de las transcripciones de las escuchas telefónicas y la otra declaración mencionado en este boletín están disponibles aquí: evidencia de escuchas y declaración de Donald Paul Gray.

Contactos:

Jen Moore, Alerta Minera Canadá , (613) 569-3439, jen(at)miningwatch.ca

Megan Whelan, Red en Solidaridad con el Pueblo de Guatemala (NISGUA), (011)-502–2288-9504, Megan(at)nisgua.org

Tara Scurr, Amnistía Internacional Canadá, (604 )294-5160 x102, TScurr(at)amnesty.ca

Wednesday, April 8, 2015

How a quasi-military project was created to protect the Escobal mine

An affidavit given on November 24, 2014 by Donald Paul Gray, vice president of the Canadian mining company Tahoe Resources Inc., has shed light on the strong interests at play since 2011 in contracting private security companies for the Escobal mining project in San Rafael Las Flores, Santa Rosa. His affidavit points to the relationship between private security companies, with ties to military and intelligence services that carry out large military projects in Afghanistan and Iraq, and the mining and construction operations in Guatemala.

Written by Luis Solano / Translation by NISGUA
Read the original article in Spanish.
April 7, 2015

The affidavit was given by the vice president of the mining company to the Supreme Court of British Columbia in response to a lawsuit filed against Tahoe Resources on June 18, 2014 by community members of San Rafael Las Flores. The lawsuit stems from an attack carried out by private security acting on orders from the head of mine security, Alberto Rotondo Dall'Orso, in which the seven plaintiffs were injured.

Tahoe Resources Inc., a mining company with offices in Reno, Nevada, United States and in Vancouver, British Columbia, Canada, operates the mining project in San Rafael through its subsidiary, Minera San Rafael, S.A. (MINERASA). It is for this reason that the plaintiffs filed their lawsuit with the Supreme Court of British Columbia, where it is currently being processed.

Tahoe Resources Inc. was founded by senior executives of the Canadian mining industry, particularly linked to Glamis Gold and Goldcorp. The company came to the forefront in 2010 thanks to the Escobal project, which it acquired from Goldcorp on May 3, 2010, seven months after Tahoe was incorporated under the Business Corporations Act of British Columbia. The sale was finalized on June 8 and included control of the Minera San Rafael, S.A., recently registered by attorney Jorge Asencio Aguirre and which Goldcorp maintains 40% of shares.

Asencio Aguirre is an important cornerstone to this process. He is the legal representative of the mining companies Montana Exploradora, Entre Mares, Explotaciones Mineras of Guatemala (EXMINGUA) and MINERASA and helped create reforms to the 1997 Mining Law, according to statements he made on January 23, 2005 on the television program "Libre Encuentro."

Since 2011, when the mining project came under the control of Tahoe Resources, community opposition has intensified as demonstrated by protest marches and municipal consultations that have taken place in the neighboring municipalities of Nueva Santa Rosa, Santa Rosa de Lima and Casillas.

During this period, several acts of violence have occurred. One of the most dramatic events took place on April 27, 2013, when private security guards from the company Alfa Uno – associated with the Israeli company Golan Group - acted on orders of the then-head of security Alberto Rotondo Dall'Orso and indiscriminately shot at community members who were peacefully protesting in front of mining facilities in San Rafael Las Flores. Seven community members were injured.
"We have to protect investors." Óscar Berger, President of the Republic of Guatemala. Press conference, January 11, 2005.
As a result, on May 2, 2013, the government declared a State of Siege in four municipalities in the departments of Jalapa and Santa Rosa, militarizing the area under the guise of combating organized crime. The underlying reasons for the government’s response were published by Plaza Pública and revealed the contradictions between the actions taken and the real purpose behind them: to protect private mining interests.

On June 18, 2014, the seven people injured filed a lawsuit against Tahoe Resources Inc. with the Supreme Court of British Columbia. The plaintiffs are: Adolfo Agustín García, Luis Fernando García Monroy, Artemio Humberto Castillo Herrera, Wilmer Francisco Pérez Martínez, Erik Fernando Castillo Pérez, Noé Aguilar Castillo and Misael Eberto Martínez Sasvin.

The lawsuit charges the company with the violent repression of peaceful protesters, based on the fact that Tahoe controls all important aspects of the operation of the Escobal mine, including security practices and policies, and community relations.

The lawsuit states, "Tahoe expressly or implicitly authorized the conduct of Rotondo and security personnel" and was negligent in preventing Rotondo and other security personnel from using excessive force. The plaintiffs argue that as owner of the subsidiary MINERASA, Tahoe is responsible for what transpired.

Tahoe denies that Rotondo is responsible. Instead, the company places blame on the Golan Group for not following international standards for security service providers. This stance is expressed by the company in the 2014 Annual Report of the Board of Ethics for the Government Pension Fund Global of Norway, published on January 26 of 2015. The report recommends the "exclusion of Tahoe Resources Inc. due to unacceptable risks of the company contributing to serious human rights violations."

Tuesday, April 7, 2015

Wiretap transcripts raise troubling questions about Tahoe Resources' militarized security detail

Source: Amnesty International Canada – MiningWatch Canada - Network in Solidarity with the People of Guatemala (NISGUA)

April 7, 2015

(Guatemala City/Ottawa/Vancouver) Wiretap transcripts ordered by Guatemala’s Public Prosecutor of Tahoe Resources’ former head of security, Alberto Rotondo, in connection with an April 27, 2013 shooting outside its Escobal mine provide strong evidence that he targeted peaceful protesters, tried to cover up the crime and flee the country. The Public Prosecutor ordered the telephone intercepts roughly two weeks before this incident occurred, in apparent connection with suspicions over earlier violence at the mine site. The intercepts were originally presented in a public hearing in Guatemala in May 2013 at which Rotondo was charged with assault and obstruction of justice.

Hearings in a lawsuit brought by seven Guatemalan men wounded in this attack against Vancouver-based Tahoe Resources for negligence and battery are set to take place at the B.C. Supreme Court starting April 8, 2015. According to the statement of claim, Tahoe is accused of having expressly or implicitly authorized the use of excessive force by Rotondo and the security personnel against those injured, or was otherwise negligent in failing to prevent the use of excessive force. The wiretap transcripts have been filed in court as part of the lawsuit.

In Intercept No. 4010, in a conversation with Tahoe’s communications and security advisor, Rotondo makes clear his intention to quell protests against the mine through violence: “I ran them out with bullets [...] Bring on the priest Melgar then, or women and children to defend them, weren't you the real trouble-maker? That's what I told all of them. Well then, sons of bitches! [...] And I let them have it [...] There is no way I am ever going to allow these people to get confident...”.

In Intercept No.4052, apparently speaking with one of the guards under his command, Rotondo continues: “They say that one has a, a bullet wound in the face and... if it exploded in their face, it's with bullets that they learn.”

In the same intercept, Rotondo orders the evidence to be altered, while he concocts another version of events: “Clean the guns then [...] Clean them well, we're saying “nothing happened here.” There are no recordings. You understand me? [...] The version is: they entered and they attacked us. And we repelled them, right? […] The people need to be told, that they should not worry, that they come every day to attack us, with machetes and rocks; and so the people have defended themselves. There are, there are the broken shields there. But break another two so that they see that they attacked us.”

It also seems that Rotondo coordinated with a police officer, referred to as ‘Adilio’ and known to local residents by the same name, to make sure that security guards and police told the same version about the events of April 27. Local activists also suspect that an individual acting under Rotondo’s direction, referred to as “El Moreno” in the wiretap evidence, had infiltrated their meetings.

Finally, during a phone call with his son in Lima, Peru, Rotondo informs of his plans to escape: “There have been problems here in Guatemala and it's better that I'm away for awhile. Right? [...] I kicked the crap out of a bunch of lazy bastards here. They can go to hell. So, to avoid legal issues and all that.”

Shortly after this last call, Alberto Rotondo was arrested at Guatemala's international airport and charged with assault and obstruction of justice. Six farmers and one student were wounded in the attack. All of them are residents of the municipality of San Rafael Las Flores where the Escobal mine is located. Criminal proceedings against Rotondo are underway in Guatemala. The case has been subject to numerous delays since 2013.

On May 1, 2013, Tahoe Resources issued a statement trying to pin the blame elsewhere: “violence from outside influences,” accused the company, was responsible for escalating tensions around the mine site, and “a protest involving approximately 20 people armed with machetes turned hostile.” Days after the wiretap evidence was released at a public hearing in Guatemala on May 6, 2013, in an interview with iPolitics, Tahoe’s Investor Relations official Ira Gostin denied that the wiretap evidence had been made public and stated that claims that Rotondo ordered protestors shot were made-up. The transcripts show otherwise.

The company did not make another official statement about the event until July 10th when it reported having ended its contract with Rotondo’s firm. In later communications with the Norwegian Pension Fund cited in its recent report, Tahoe Resources "[denied] that Mr. Rotondo ordered the murder of demonstrators but did not wish to expand on this in view of ongoing proceedings." The Norwegian Pension Fund concluded its investigation by recommending against investment in Tahoe Resources.

According to an affidavit filed by Tahoe’s Vice President of Operations, Donald Paul Gray, Tahoe originally employed Rotondo through a contract with the International Security and Defense Management, LLC, a U.S. company based in California and led by former military personnel with experience in Afghanistan and Iraq. Under recommendation from ISDM, Rotondo was later directly contracted by Tahoe's Guatemalan subsidiary Minera San Rafael. Rotondo formerly served with the Peruvian navy and, according to his LinkedIn page, has received U.S. military training in physiological warfare and counter-terrorism in low intensity conflicts at Fort Bragg, North Carolina.

The civil claim that the seven men filed against Tahoe Resources for its actions overseas is the first of its kind to be heard in B.C. The wiretap evidence and other declarations were submitted as part of this process. The hearings this week, pursuant to a motion brought by Tahoe Resources to dismiss the case, will address whether it is best heard in B.C. or Guatemala.

Tahoe Resources is incorporated under the B.C. Corporations Act and has its headquarters in Vancouver. Goldcorp, whose Marlin mine in northwestern Guatemala has been an ongoing source of conflict with neighbouring Indigenous communities for over ten years, holds 40% of shares in the company and annually names three directors to the company’s board.

Amnesty International Canada, MiningWatch Canada and the Network in Solidarity with the People of Guatemala (NISGUA) have been monitoring and reporting on this case for the last several years.

Copies of the wiretap evidence and declarations referred to in this press release are linked here: wiretap evidence and Donald Paul Gray's affidavit.

Contacts:

Jen Moore, MiningWatch Canada, (613) 569-3439, jen(at)miningwatch.ca

Megan Whelan, Network in Solidarity with the People of Guatemala (NISGUA), (510) 763-1403, Megan(at)nisgua.org

Tara Scurr, Amnesty International Canada, 604.294.5160 x102, TScurr(at)amnesty.ca

Wednesday, March 18, 2015

Communities speak out against the Escobal mine: we are still here, we are still in resistance

"In the face of a storm, some animals go underground and bury their heads. But eagles fly above the storm. We need to be like the eagles...with this storm upon us, we choose to rise higher, knowing that our struggle is one that has value and dignity." Teresa Muñoz, San Jose la Sierra

On March 1, 2015, Teresa Muñoz addressed hundreds of people in the town square in Nueva Santa Rosa to reiterate one seemingly simple but overwhelmingly complex reality: "We are still here. We are still in resistance."

She was joined by dozens others in loudly stating their ongoing opposition to the Escobal silver mine operating in the nearby municipality of San Rafael las Flores, in southeastern Guatemala. Recent statements by the U.S.-Canadian mining company Tahoe Resources that opposition to its Escobal project has disappeared did not resonate with locals who had gathered to hear the stories of those repressed and criminalized during the 2013 state of siege aimed at quelling dissent.

Teresa, who confirmed continued resistance in the face of fear, was joined by more than a dozen others in recounting the negative impacts of mining, pointing to the family divisions, criminalization, and remilitarization that have taken place following the arrival of the transnational mining company to the area.

In May 2013, Teresa fled from her home in the community of San Jose la Sierra and walked more than 70 kilometers to Guatemala City. She ran from the Guatemalan military who had come to her community to arrest her during the state of siege enacted by the government of Otto Peréz Molina in the neighboring municipalities of Mataquescuintla, San Rafael las Flores, Casillas and Jalapa.

Teresa sits in front of her home in San Jose la Sierra.

Although the pretext for the siege was to combat narco-trafficking in the area, Teresa and many others who had spoken out against the presence of the mine found they were on a list for arrest. Some went into hiding while others went to prison, and after seven months, a Guatemalan court dismissed all charges for lack of merit. People returned home to find the subsistence crops they had planted months prior were ruined, cows recently purchased were starving, and newborn babies they had left had grown dramatically.

Together with other members of the Diocesan Committee in Defense of Nature (CODIDENA), Teresa spoke about the real impacts criminalization has had in her life and the life of her community. But while the U.S. and Canadian Embassies back up Tahoe's claim that opposition is no longer a reality in the area, Teresa affirms: "The face of the resistance may have changed slightly, but we're still here and we will always be while God continues to grant us life."

A young community member from Volcancito speaks about the need she felt - alongside dozens of others - to leave school in protest after the teacher accepted gifts from the mine. Community members point to the deception tactics the company uses to try to quell local opposition, gifting school bags, corn, fertilizers and other items in an attempt to show popular support for the mine.

Artemio speaks about his experiences being shot by private security outside the mine on April 27, 2013. A criminal case is currently being processed against Alberto Rotondo, the former head of security who allegedly ordered security to open fire on peaceful protestors. Artemio, alongside at least 6 others, were shot. Tahoe Resources is also currently facing a civil lawsuit in Canada for violence at the mine. #TahoeOnTrial

Roberto, former president of the Xinca Parliament, speaks about his experiences being criminalized and attacked for resisting the Tahoe mine. Roberto was kidnapped in 2013 alongside three other leaders of the Xinca Parliament while returning from a community consultation in Volcancito. One of the men kidnapped, Exaltación Marcos Ucelo, was murdered while Roberto and the other two eventually escaped.

Tuesday, February 3, 2015

Norwegian Fund Divests from Tahoe Resources, Canadian and U.S. Investors Urged to Follow Suit

Tuesday, February 3, 2015

(Ottawa/Guatemala) North American shareholders in Tahoe Resources should follow the Norway's Council on Ethics’s lead and divest say Canadian and U.S. organizations. They urge Canadian and U.S. investors to make use of a report published last week that recommends the exclusion of Tahoe Resources from the from the Government Pension Fund Global (GPFG) portfolio due to “unacceptable risk of the company contributing to serious human rights violations through its operation” at the Escobal silver mine in southeastern Guatemala.

After considerable investigation, including communications with Tahoe Resources and information gathered from diverse sources such as the UN High Commissioner for Human Rights in Guatemala, the Nowegian Council determined that the project poses a high level of risk given insufficient consultation processes, considerable resistance to the mine, inadequate measures to avoid human and Indigenous rights abuses and militarization of the area. 

“With this report in hand, it should be a no brainer for U.S. and Canadian investors to drop their shares in this company whose operations represent a tremendous risk to the lives and wellbeing of thousands of residents in communities in San Rafael Las Flores and area,” remarks Jen Moore Latin America Program Coordinator at MiningWatch Canada. 

The Council did not believe Tahoe’s claims that the apparent calm around the Escobal mine is a sign of support for the mine. The report reads: “…the company's statement that the situation in and around SRLF is now more peaceful than in the months preceding the state of emergency [in May 2013] is probably correct. As the Council understands it, this is due to the militarization occasioned by the conflict.” The Council attributes militarization with breaking up organized resistance and a temporary stoppage of local consultation processes.

“Even before the military state of siege was imposed on municipalities, military presence and repressive tactics were ramped up, in part due to a so-called ‘development’ office in San Rafael Las Flores with backing from Tahoe and oversight from a military colonel. It is encouraging that the Norwegian Council on Ethics recognizes that what has been growing in the area is fear, not support for this project,” comments Ellen Moore from the Network for Solidarity with the People of Guatemala (NISGUA). 

Before the state of siege, communities in the area held fourteen referenda, in which tens of thousands of people in the six municipalities closest to the project voted against the Escobal mine given their concerns over current and potential environmental and social impacts. A pilot project in San Rafael Las Flores overseen by the National Security Commission and referred to as the “Inter-institutional Group on Mining Affairs” was initiated in March 2013. As well, since the siege, a permanent military presence has been established in the area.

The Council also found that Tahoe failed to take adequate steps to prevent further abuses after private security guards shot at peaceful protesters outside the mine gate on April 27, 2013. Two separate lawsuits against Tahoe’s then head of security and the company in connection with this incident are ongoing in Guatemala and Canada respectively. Overall, the Council finds that Tahoe's policies and training standards are not enough to guarantee that the company will not continue contributing to human rights violations. 

The Canadian Pension Plan most recently reported that as of March 31, 2014 it holds $49 million CAD worth of shares in Tahoe Resources. As of 2013, U.S. based TIAA-CREF, considered to be a socially responsible financial services company specializing in the needs of the non-profit and education sector, held some $5 million USD worth of shares.

Online letters can be sent calling on the CPPIB to divest here and to the TIAA-CREF here. A new map illustrates the relationship between company holdings and affected communities.

Contacts:
Jen Moore, MiningWatch Canada, jen(at)miningwatch.ca, (613) 569-3439
Ellen Moore, Network in Solidarity with the People of Guatemala (NISGUA), ellen(at)nisgua.org, (510) 763-1403

Thursday, December 18, 2014

Tahoe Resources’ former security manager to be tried in Guatemalan court

Source: Center for Environmental, Social and Legal Action (CALAS) - MiningWatch Canada - Network in Solidarity with the People of Guatemala (NISGUA)

(Guatemala City/Ottawa) On Wednesday, a Guatemalan judge decided that Tahoe’s former security manager, Alberto Rotondo, should stand trial for his role in a shooting attack on peaceful protesters in April of last year.

On April 27, 2013, Tahoe Resources’ private security opened fire on peaceful protesters outside the Escobal mine, the company’s only project, in the municipality of San Rafael Las Flores in southeastern Guatemala. Rotondo, Tahoe’s then head of security and an ex-military officer from Peru, was arrested at Guatemala’s international airport and charged with allegedly having ordered the attack.
Alberto Rotondo to stand trial

Yesterday, the judge ruled that Rotondo should stand trial on charges of causing serious and minor bodily harm to four of the seven men injured in the attack, as well as for obstruction of justice. If convicted, Rotondo could face up to 28 years in prison. The evidentiary hearing is scheduled for February 3, 2015.

“This decision sets an important precedent to the extent that it will allow the Public Prosecutor and the victims to demonstrate the premeditated and aggressive way in which Rotondo orchestrated the attack, as well as the responsibility of Guatemalan authorities in its planning and execution,” explained Rafael Maldonado, Director of the Center for Environmental, Social and Legal Action (CALAS).

Tahoe Resources’ Escobal silver project is the subject of broad local opposition and ongoing legal processes in Guatemala and Canada. In June 2014, the seven victims of the attack filed a civil suit in British Columbia against the company for its role in the April 2013 violence. The first major hearing in this case is scheduled for April 2015 regarding Tahoe's argument that the case should be heard in Guatemala instead of Canada.

“What we want is justice. Even though we know that this is difficult to achieve in Guatemala, we are confident that we will have an opportunity to demonstrate that Mr. Rotondo and the company are guilty,” stated Artemio Castillo, a victim of the attack and a co-plaintiff in both cases.

Foreshadowing the obstacles ahead toward achieving justice in Guatemala, the judge granted Rotondo house arrest, rejecting two separate instances in which the Public Prosecutor accused the ex Tahoe employee with being in contempt of court.

Maldonado commented on this unexpected decision saying, “Despite the favorable decision to send Rotondo to trial, the judge demonstrated partiality in this case by rejecting multiple requests from the victims and the Public Prosecutor to keep Rotondo in detention.”

Tahoe Resources Inc. is a silver exploration and development company that lists on the Toronto and New York stock exchanges, with offices in Vancouver, British Columbia, Canada and Reno, Nevada, USA. Goldcorp, a mining company with a lengthy history of human rights abuses at its Marlin Mine in northeastern Guatemala, holds 40% of Tahoe Resources shares and three seats on its board of directors.

For more information:
* Rafael Maldonado, Centre for Environmental and Social Legal Action (CALAS), rafamaldonado(at)calas.org.gt, (502) 5307-4250
* Jen Moore, MiningWatch Canada, jen(at)miningwatch.ca, (613) 569-3439
* Ellen Moore, Network in Solidarity with the People of Guatemala (NISGUA), ellen(at)nisgua.org, (502) 3027-7134

Photo credit to: Vea Canal/Panorama News
For more background, please visit tahoeontrial.net 

NISGUA has accompanied communities in opposition to the Tahoe Resources Escobal mine since 2011. 

Thursday, November 20, 2014

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.

Wednesday, November 19, 2014

"We are a peaceful people" - Mataquescuintla celebrates 2nd anniversary of municipal referendum against mining

"Second Anniversary, Municipal Consultation as requested by Residents."
Photo: CPR Urbana

“Authorities will come and go, but it’s the responsibility of the people to uphold this decision,” says Moisés Divas to a large crowd gathered in the central park in the municipality of Mataquescuintla, Jalapa, located less than six miles from Tahoe Resources' Escobal silver mine. Two years ago, 98% of the population voted “NO” to the presence of metallic mining on their territory. Last week, hundreds gathered to celebrate the second anniversary of the consultation and to make sure the decision sticks.

"The referendum was a moment when the people could make their voices heard," says Enrique López, member of the city council. "The type of development that is being imposed in this territory is not long-term development for our people." A community-based mapping project undertaken recently in the departments of Santa Rosa, Jalapa and Jutiapa demonstrates Tahoe's grip in the region – highlighting a territory almost completely covered by mining licenses. In addition to the already-operating Escobal mine, Mataquescuintla is impacted by six other metallic exploration licenses.

Residents of Mataquescuintla locate their home on a community map to learn
which mining license might impact their lives and livelihoods.

On November 11, 2012, more than 60% of registered voters in Mataquescuintla voted in a community referendum and 98% of participants – more than 10,000 people - voted to ban the presence of mining on their territories. Together, they joined other municipalities in the area in voicing their loud opposition to the presence of mining companies such as Tahoe Resources, who began commercial production of its silver mine in the area in January 2014.

A month before starting production, Guatemala's highest court ruled in support of Mataquescuintla's municipal referendum, striking down the lawsuit filed to challenge its constitutionality. The groundbreaking decision recognized the responsibility that municipal authorities have to convene such votes and to make decisions according to their results, affirming their value as “adequate means by which peoples may exercise their right to give their opinion and be consulted on topics of interest.”



The decision is particularly important given the government and company's unwillingness to recognize consultations as a legitimate form of decision making that reflects community support or opposition to large-scale projects on their territory. Despite this seemingly dismissive stance, various consultations in Tahoe's area of influence were challenged in Guatemalan courts. Additionally, in the municipality of San Rafael las Flores where the Escobal project is located, efforts to organize a municipal consultation were thwarted by a massive campaign to criminalize leaders demanding a vote. During the anniversary celebration, Moisés Divas reflected on this contradiction stating, “If they don't care about the consultations, if they don't think they are powerful, why do they put so much effort into blocking them?”

While Tahoe Resources publicly promotes that it holds widespread community support for its operations, municipalities surrounding the mine continue in opposition. For example, the municipality of Mataquescuintla has refused to allow Tahoe access to the electrical power station located inside their municipal jurisdiction. Instead operations at Escobal continue to be powered by temporary generators.

Mataquescuintla is not the only neighboring municipality that soundly rejects the company's presence. Four additional nearby municipalities have voted against the mine in municipal referenda, while more than half of the communities in the municipality of San Rafael las Flores - right where the Escobal mine is located - have also declared themselves in opposition.

Maria Antonia Solares from San Juan Bosco stands in front of the
 map highlighting the Tahoe license that covers her community.

Maria Antonia Solares from the nearby community of San Juan Bosco in the municipality of San Rafael las Flores was present at the celebration in Mataquescuintla. Residents of her community are also facing impacts from the Escobal mine and the real possibility of Tahoe expansion into their backyard with the already granted Juan Bosco exploration license.

"It's important to be here, to learn from one another," says Solares. "Even though this is not my home, I am motivated by seeing other people defend their territory in the same way we are in San Juan Bosco."