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. 

For there to be peace in Barillas...

Original article posted on CMI-Guatemala in Spanish on August 11, 2015.

Written by Alba Cecilia Mérida

Translation by NISGUA

Juanita López from Santa Eulalia, wife of Domingo Baltazar
Photo: Roderico Díaz (CMI-Guatemala)

On August 8, beneath the energy and protection of Kawok - symbolizing the strength of unity and wisdom - hundreds of women, men, boys, girls, youth, and the elderly gathered in the central park of Santa Cruz Barillas to celebrate life and come together for an Artistic-Cultural Gathering for Peace in Santa Cruz Barillas and Freedom for Political Prisoners. 

Youth from Huehuetenango paint posts in Barillas.
Photo: Gustavo Illescas (CMI-Guatemala)

This gathering is a continuation of many other encounters, caravans, demonstrations, and political actions that have taken place over the years. But now, more than ever, these actions are demanding the timely release of our compañeros from northern Huehuetenango who are being held as political prisoners: Don Tello Villatoro, Don Chico Palas, Arturo Pablo, Saúl Méndez, Rogelio Velásquez, Mynor López, Ermitanio López, as well as Rigoberto Juárez and Domingo Baltazar, from Santa Eulalia.

The gathering began on Friday, August 7 when 108 people departed from Guatemala City, Totonicapán, San Marcos, Quetzaltenango, and from various municipalities of Huehuetenango. Friends from other countries came to join the gathering, where musicians, singers, artists, poets, dancers, rappers, rockers, jugglers, alternative journalists, and other researchers poured all of our creativity and hope into one single demand: FREEDOM for our People. 

From left to right: Tito Medina (Guatemala), Alfredo Rafael (San
Juan Ixcoy), Juan Pablo Ozaeta (Guatemala) and Byron Sosa
(Quetzaltenango). Photo: Gustavo Illescas (CMI-Guatemala)

The day was a gift from our Mother Earth; we felt joy, the sun, art, the wind, dignity. We felt the strength of each person who joined us before [the caravan] left for Barillas. Their support, generosity and solidarity were fundamental in being able to say to the people of Barillas: "Here we are. You are not alone. We are not alone." In the strict sense, those of us who attended the gathering were not giving, supporting or helping; on the contrary, with our presence, we were returning the sacrifices made by the people of Barillas, Santa Eulalia and others in the region. It is they who have experienced first-hand the merciless attacks by the corporate criminal, Hidro Santa Cruz. 

At one moment during the day, Juan Aguirre, one of the singers at the gathering, told Doña Ana Molina, the wife of Don Tello Villatoro: "I cannot come close to imagining your suffering." Yet when he sang, he reminded us that dreams can become reality and that these dreams are enough to encourage us to not back down from the struggle each of us carry or from the struggle that depends on each of us.

Rock group "Perro con Alas." Photo: Gustavo Illescas (CMI-Guatemala)

The Artistic-Cultural Gathering for Peace in Santa Cruz Barillas and for Freedom for Political Prisoners included the participation of people from the grassroots and from all four corners. This movement has been articulate and mindful, and has presented creative proposals that rise above the oppression imposed by systems that promote death: political parties, transnational companies, racism, and the State of Guatemala, which at all costs, seeks to crush any sign of the dignity of our peoples. 

At different moments throughout the day, we couldn't hold back our tears. One such moment was when Mónica Castañeda, Arturo Pablo's wife, cried when she emphatically said "I know my Arturo. He has only defended his people. That's why they have imprisoned him."

Mónica Castañeda, wife of the teacher Arturo Pablo.
Photo: Roderico Díaz (CMI-Guatemala)

Other moments, only some of us were able to experience. Don Pablo Antonio Pablo was speaking with Rubén, and when I saw them speaking in hushed voices I asked, "What happened?" Rubén said, "He is very sad." And Don Pablo cried, and cried, and cried for his son. All he could say was "I am sad for my Arturo, but I bless you because you are here with us." I saw a man sitting on a corner for several hours. I saw him nodding along to many of the things that were being said, and at one point, he came over to me and said, "I am Saúl's father. I came to get to know those who are supporting my son." The tears overflowed and the deep sadness swept across the park for each one of the sons, husbands, brothers, grandfathers who are now absent because they are imprisoned. 

Once more, the wives and other family members of the political prisoners showed the deep love they have for and can give to the defense of their life partners. The composure and the strength Doña Ana, Doña Priscila, Doña Guadalupe, Doña Juanita, Carmelia, Zenaida, Juanita, and Mónica possess is a source of inspiration and encourages us to continue to accompany them.

The messages of peaceful resistance from the people of Barillas in the face of repression from Hidro Santa Cruz were overwhelmingly clear: "We want Peace. We respect Mother Earth. We don't want any more plundering or violence." More than once, people repeated the phrase: "There is no price on our dignity."

Doña Guadalupe, wife of Don Chico Palas.
Photo: Roderico Díaz (CMI-Guatemala)

Each artistic performance moved us. Seldom are we able to connect the energy of those of us who need to live life with intensity and fullness, but this connection of energy took place throughout that beautiful day. I'll close these few words now with a poem written by Eulalia Hermelinda, an 11-year-old girl from Santa Cruz Barillas. She wrote about what needs to happen so that we all can have peace.

Peace.

For there to be peace in the world,

There must be peace in the nations.

For there to be peace in the nations,

There must be peace in the cities.

For there to be peace in the cities,

There must be peace between neighbors.

For there to be peace between neighbors,

There must be peace in the homes.

For there to be peace in the homes,

There must be peace in the hearts.

For there to be peace in Barillas,

The Political Prisoners must return to their homes. 

Members of the women's group Akabal. Left: poet Eulalia Hermelinda.
Photo: Roderico Díaz (CMI-Guatemala)

Accompanier Perspectives: Huehuetenango

Dear Family and Friends,

Thanks to those of you who’ve responded to my recent call for action in solidarity with political prisoners in Huehuetenango and for financial support in NISGUA’s successful May Match campaign! Those of you who’ve signed in support of the release of Saúl Méndez and Rogelio Velasquez will have your voices heard in the coming weeks as NISGUA’s partners in Madrid coordinate the presentation of the petition to Guatemalan embassies in North American and Europe.

It has been a while since I’ve reached out to you all with more substantive updates and reflections on my work as a human rights accompanier in Guatemala, but I’ve been thinking of you. Firstly, with the (bittersweet) excitement of knowing that I’ll be seeing many of you soon as I conclude my six-month contract this week and start to make my way back north. And secondly, with curiosity and hope in the histories converging in the current moment in both the U.S. and Guatemala that have provoked diverse forms of protest and commentary in response to the specific violences of institutionalized racism and corruption. 

Throughout the unfolding of what many are calling a “black spring” in the United States, I have been doing my best to stay well-informed and vocal from afar, but have learned that while social media helps me keep my anger current, it also affirms distance and lends itself to feelings of powerlessness. For this reason, I am especially looking forward to opportunities for shared, in-real-life reflection (and action) with those of you who’ve been directly engaging (as listeners, as actors) in the #BlackLivesMatter movement. Even from where I stand in Guatemala, it is clear that the questions we need to ask ourselves are difficult, the answers complex, and the stakes as high as they have always been.

Right now in Guatemala, the same is true. This spring, in the largest wave of popular protests since the signing of the Peace Accords in 1996, the population has demanded the resignation of public figures (including the president) believed to be linked to the crime syndicate “La Linea,” which compromised customs revenue by waiving import tariffs in exchange for bribes. The protests (connected by their shared usage of #RenunciaYa or #StepDownAlready) have led to the resignation of the vice-president last month (which analysts have also linked to the influence of the U.S. embassy and American economic interests) and have energized similar investigations aimed at undermining impunity. In a country where an indigenous majority experiences some of the deepest poverty in the region and where the current regime frequently cites a deficit for the deplorable conditions of its education and health systems, it is not surprising that the abuse of public funds has been met with unrest. 

#BlackLivesMatter and #RenunicaYa have emerged from distinct contexts and reflect varied objectives, but they have something important in common: a dawning recognition that the creation of a just present requires deep and critical engagement with the past. Beyond expressing just rage in response to specific instances of extreme police violence, #BlackLivesMatter protests address the pervasive reality of institutionalized anti-black racism as a direct legacy of African slavery in North America. Similarly, the diverse perspectives represented in #RenunciaYa question the meaning of democracy and peace since the signing of the Peace Accords and reflect a shared acknowledgement that today, as they have long been, terror and impunity are the rule in Guatemala, while justice is the illusive exception. 

So, what does all of this have to do with human rights accompaniment? 

While the theft of public funds by La Linea may seem petty in comparison to the genocidal violence exercised by the state against poor and indigenous Guatemalans for decades (and centuries), the scandal is emblematic of the institutional precarity that permits human rights abuses to thrive in Guatemala. Weak courts, racist police, and highly corruptible public officials are easily utilized by transnational companies to repress movements that challenge their extractive, exploitative logic. In the midst of #RenunciaYa’s unfolding, three more leaders of the resistance to hydroelectric development in Huehuetenango have been incarcerated, and over a dozen more have had warrants issued for their arrest. The most recent arrests bring the total number of political prisoners in the north of Huehuetenango to 9, with every organization that I’ve accompanied experiencing the threat of the incarceration of its leaders. 

While criminalization has intensified in my time as an accompanier (six new prisoners in six months), it is not a new phenomenon in Huehuetenango. In May 2012, five years after the people of Santa Cruz Barillas had unanimously refused the presence of extractive mega-projects in their territory in a consulta comunitaria, an activist who had vocally opposed the installation of two hydroelectric dams on the Cambalam River was murdered by the company’s private security. In the days following his murder, anticipating impunity, the people of Barillas rose up to demand justice for his death. The state responded with a state of siege, militarizing the city and its outlying villages, suspending civil liberties, and making massive arrests alleging destruction of company property and threats to its employees. For survivors of the internal armed conflict, the presence of the military was traumatizing; many took refuge in the forest, convinced that the war had started again, and some still suffer effects of post-traumatic stress. 

While military intervention in Barillas sought to terrorize a public in unrest, the justice system has sent clear messages about its take on the value of rural Guatemalan life and transnational private property. The employees of Hidro Santa Cruz who murdered Andrés Francisco Miguel have yet to be successfully sentenced three years after his death, while community leaders have spent months and years in pretrial detention accusations based on their leadership, and not in their proved participation in criminal activity. Often, it has taken years to close their cases even after they have been released for lack of proof or faulty investigations. 

In my last update, I introduced criminalization as a strategy for repressing and neutralizing social movements. In simple terms, criminalization literally makes activist leadership a crime. In the cases I’ve witnessed in my time as an accompanier, leaders have been charged as the intellectual authors of spontaneous protests that have demanded justice and accountability for state sanctioned violence. But many have actually played mediating roles in conflictive situations, attempting to minimize the risks that protesters take in expressing their desire for justice while maximizing the possibilities for dialogue. But the character of their participation is not of interest to prosecutors; their mere presence has made them the subject of criminal investigations. In some cases, being present isn’t even requisite for being charged.

The repressive impact of incarcerating leaders is made more effective by the issuing of arrest warrants against entire organizations and communities. While an arrest warrant does not guarantee an arrest, the threat of arrest may be even more debilitating to the capacity of movements to demand justice. The most recent arrests have been made in the capital, where leaders have traveled between 8 and 13 hours to attend hearings for their peers or file police reports against violent public officials. An arrest in the capital, as opposed to in rural Huehuetenago, sends a strong message: Leaving home means increasing risk of arrest, and the police knows when you leave home.

What’s more, these arrests have been highly public and visible to movements based in other regions, where the impact of criminalization is felt as well. Where I work in Huehuetenango, the impacts are palpable: Those with warrants live in fear of arrest and must navigate the need to limit their movement and participation as movement becomes more necessary than ever. The families of those incarcerated adapt to long, frequent, and expensive trips to capital cities to visit their loved ones, while living the consequences of a lost income, all while movements require their collaboration to build broad support for political prisoners. For indigenous campesinos especially, navigating legal spaces and processes is an uphill battle, and language barriers and ethnic discrimination often mean total exclusion. On the periphery, some still talk about seeking refuge. 

These are the kinds of conditions of abuse and threat that make human rights accompaniment a necessary and valued solidarity strategy in Guatemala, especially in Huehuetenango. As criminalization intensifies, the people I accompany have asked that we maintain our presence in the region and expand it into new spaces — to court rooms and prisons, and in activities where potentially criminalized activists risk arrest. More than anything, this has meant that my team and I have been present to observe the legal processes starting at the moment of incarceration, and that we’ve heightened our attention to factors of security that threaten the capacity of the people we accompany to live, work, and organize for their communities safely. 

In this context, it is clear that international accompaniment alone does not wield sufficient dissuasive power to prevent the unjust imprisonment of activists. Rather, as our presence continues to be felt and valued by the people who request it, we must think of ways in which accompaniment can support a variety of strategies for reducing harm while working to undermine exploitation and abuse.

On my last day as an accompanier, I observed the first hearing for the case of three leaders from Barillas who were arrested almost exactly three months before. The outcome of the hearing wasn’t positive; the judge denied the defense’s request to revise the charges in consideration of various irregularities in the investigation, and it remained unclear how long they’d have to wait for their next hearing. But as we left the courtroom, things got worse: another community leader who’d traveled from Barillas in support of his three compañeros was presented with a photocopy of a warrant for his arrest. Nearly two hours passed before he was presented with a legal version of the warrant, and we accompanied him as he was handcuffed and taken to the basement holding cells to await his arraignment. 

As I observed his entrance into the jail, I heard my name being called from a nearby cell, “Don Davíd! Aquí! Don Davíd”! The three men who’d had the hearing earlier that day were waiting to be transferred back to their long-term cell assignment in a nearby prison. They called me over to ask me questions about the arrest of their compañero, to advocate for the safest placement possible for him in the prison where’d they’d been held previously in Huehuetenango, and reached their hands up out of the dark cell to touch mine through the narrow bars. They smiled as I said goodbye.

While I reciprocated the joy of seeing them, the feeling was hard to sustain. I’ve never seen places so ugly and hopeless, so unapologetically violent, as the prisons where I’ve made visits in the last six months. It isn’t possible to witness the horror of mass incarceration without feeling some level of powerlessness and rage, without feeling exasperation with common sense notions of justice that rationalize such contempt for human life. I’ve been holding these feelings for several months now, perhaps longer, and I think those feelings are important, but I am so grateful for those smiling hands in the darkness reminding me that joy is necessary in survival.

There are lots of ways that I will remember my work as an accompanier, and there are many ways in which I intend to continue in its spirit in other contexts. I'll be transitioning back to my "normal" life in the next few weeks, but I feel more aware than ever that while working as a human rights accompanier has been a unique experience in my life, the ongoing work of shared survival is everyone's. That work didn't start six months ago and it doesn't end now. 

As always, thanks for sticking with me throughout my experience. 

In Solidarity,

David

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
 

Community leader from Huehuetenango testifies at the World Bank

Last month, Cecilia Mérida testified at the World Bank Spring Meetings in Washington, D.C. about the damage being inflicted by the Bank's financing of the Cambalam hydroelectric dam in the municipality of Barillas, Huehuetenango. She testified to the strategies of criminalization being employed by the Guatemalan government and the dam's Spanish owner - Hidro Santa Cruz - in an attempt to silence local opposition. She spoke first hand about the impacts on families and communities when leaders are illegally detained and imprisoned for months, or even years on end.

The World Bank continues to be a major funder of resource extraction companies around the world, loaning hundreds of millions of dollars each year to companies working in the global South who are unable to guarantee that these investments are not contributing to human rights violations. A recent investigation by the International Consortium of Investigative Journalists revealed the hypocrisy of the World Bank's motto to "do no harm." The investigation showed that mega-development projects financed by the World Bank have pushed at least 3.4 million people out of their homes around the world. The tragic situation in Santa Cruz Barillas is an example of this systemic problem: the Inter-American Infrastructure Finance Corporation (CIFI), a US-based private sector lender funded in part by the World Bank, loaned Hidro Santa Cruz more than $8 million for the construction of dam.

Click here to read more about the struggle to defend territory in the department of Huehuetenango, and the leaders who have been criminalized while speaking out against hydroelectric dams being imposed without their consent. 

Below is Cecilia's statement before the World Bank. To read the original statement in Spanish, click here.

Cecilia Mérida: Statement before the World Bank

I am Cecilia Mérida. I come from the department of Huehuetenango in Guatemala, from the municipality of Santa Cruz Barillas, which is where the Spanish company Hidralia Ecoener has been operating without consent since 2008. Their goal is to construct a hydroelectric dam on the Cambalan River, situated on the periphery of the urban center of the municipality. This company has received financing that flows from the World Bank to the International Finance Corporation (IFC), and its Inter-American Infrastructure Finance Corporation (CIFI).

I come in the name of each person affected by this hydroelectric project, to answer many of the questions put forward by OXFAM. What are the consequences for the people who are affected by the projects financed with money that comes from so far away?

Hidralia Ecoener, registered in Guatemala as Hidro Santa Cruz, Sociedad Anónima, insisted on the development of this project despite the fact that in 2007, the people of Barillas held a community consultation to protect their natural resources, under the framework of the Collective Rights of Indigenous Peoples.

The company hired local people as technicians gaining political control over community organizing. In November 2009, the company pressed charges against eight community leaders, among who was my life partner - Rubén Herrera - along with Pablo Antonio Pablo and Saúl Mendez. Thus began the practice of charging community leaders in the municipality with crimes of breaking and entering, coercion, threats, aggravated arson, activity against the security of the nation, detention, kidnapping, and terrorism.

This led to the beginning of the social conflict in the municipality, and the permanent violation of the human rights of the population. What transpired were incidents of intimidation, persecution and criminalization against all of those who spoke out against the interests of Hidro Santa Cruz. In 2011, Rúben Herrera was forced to leave the municipality, abandoning his work providing social support to youth.

Towards the end of 2011 and the beginning of 2012, social tension worsened to such a level that the Guatemalan government declared a State of Siege in the municipality of Santa Cruz Barillas, repressing the opposition to the hydroelectric project and allowing Hidro Santa Cruz to continue its operations. On May 1, 2012, campesino leader Andrés Francisco Miguel was killed during an assassination attempt against Pablo Antonio Pablo, who was left seriously injured in the attack. One year later, company private security guards who participated in this armed attack, were absolved of all crimes by the Guatemalan justice system.

Based on what transpired on May 1, 2012, 17 community leaders were illegally detained, including Saúl Méndez and Rogelio Velásquez. Nine were unjustly imprisoned for nine months, and were never found guilty of any crime. On March 15, 2013, Rubén Herrera was arrested at the request of Hidro Santa Cruz. After spending three months in prison, he finally had all charges dropped on February 26, 2014, after a judge ruled that there was not sufficient evidence to keep the investigation open.

In August 2013, Saúl Méndez and Rogelio Velásquez were arrested again, and accused of murder, feminicide and lynching. Those of us who are at their defense are convinced that this case was brought forward by employees of Hidro Santa Cruz as a part of their strategy to criminalize community leadership. After a flawed trial, they were convicted of 33 years in prison. Today, they are going through a Special Appeals process.

In September 2013, another community member, Mynor López was illegally arrested. At the end of the month, the Guatemalan Army and National Civil Police practically launched a military offensive against the civilian population of Santa Cruz Barillas, the likes of which have never been seen before in this municipality - not even during the armed conflict.

In February 2015, three more community leaders were detained and illegally imprisoned. Adalberto Villatoro, Francisco Juan and Arturo Pablo (Pablo Antonio Pablo's son). They, like all of the others previously mentioned, believed that the presence of Hidro Santa Cruz seriously impacts the natural, environmental and cultural aspects of the municipality.

After seven years of persecution, the ways the Spanish company Hidro Santa Cruz operates provide some answers to the questions posed by OXFAM's recent report. What are the human costs of the loans, given the social and environmental safeguards are not working? The human costs are extremely high and very harmful. They translate into persecution, killings, imprisonment, and criminalization. During this time, the communities have not seen any benefits. Instead, they have gone from living in tranquility to living in a state of fear and terror. Our human potential and energy has not been dedicated towards local development from our own perspectives and aspirations, but instead, has been spent defending ourselves against the abuses of Hidro Santa Cruz.

The human costs [of these loans for mega-development projects] translate into the suffering of families, wives, sons and daughters, into illnesses and precariousness. We are prevented from being with our husbands. Instead, we spend our lives and the little we have traveling to the prison that is located more than 400 kilometers away. In this conflict, every community member [incarcerated] is innocent. We are the people who are suffering the consequences of bank loans that are thought to be "producing development." The pain and suffering for us "is the human face of these projects." Day to day, we live out these tangible consequences, in addition to being (as OXFAM's report indicates) "the most poor and vulnerable people of the developing countries."

We, too, have questions. Who is going to pay for all of the costs that we have had to suffer from "development," for a project that we never asked for in our community? Is it the World Bank? The International Finance Corporation? The CIFI? Or is it Hidro Santa Cruz that is going to pay for all of the economic, social and organizational harms they have caused in our community? Who will return to the families all the years taken from the men who have been incarcerated? We know that no one will give back to us those who have been killed.

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.

Santa Cruz Barillas: Natural resource defenders Saúl Méndez and Rogelio Velásquez sentenced to 33 years in prison

Posted on March 2, 2015 by ACOGUATE
Translation by NISGUA

Detained and awaiting trial since August 27, 2013, natural resource defenders Saúl Méndez and Antonio Rogelio Velásquez of Santa Cruz Barillas were recently sentenced to 33 years and four months in prison. They were found guilty of being accomplices in the August 2010 assassinations of one man and one woman, acts in which both leaders deny participating. Now, their lawyers have presented Special Appeals against the sentence, contending that there are flaws in the grounds of the sentence and the trial proceedings. These appeals will be heard in a public hearing on April 29, 2015 in Huehuetenango. 

The two accused maintain that they are victims of the political persecution of the hydroelectric company Hidro Santa Cruz S.A., subsidiary of the Spanish Hidralia Energía S.A., for their commitment to the defense of territory and their roles in the Civil Society of Barillas. They were first incarcerated along with seven other people from May 2012 to January 2013 in the context of the social conflict generated by the hydroelectric projects Cambalam I y Cambalam II of Hidro Santa Cruz S.A. On this first occasion, they were accused of having participated in the disturbances associated with the assassination of community member Andrés Francisco Miguel, on May 1st of that year. Andrés was reportedly shot by the company’s security personal. (1) The UN Working Group on Arbitrary Detention determined in its Opinion 46/2012 (2) that these arrests were arbitrary, and for lack of proof, all nine people were finally released.

ACOGUATE has accompanied the Civil Society of Barillas since January 2013 and has observed the hearings in the case against Saúl Méndez and Rogelio Velásquez, while also accompanying Carlos Bezares of the Center for Legal Defense, the lawyer coordinating the defense of the accused in collaboration with Association CEIBA.

The accused report pressures

In his final statement in the November 14th hearing, Saúl Méndez declared: “The company Hidro Santa Cruz is what has been behind all of this.” Similarly, Rogelio Velásquez said that he is a prisoner “for defending natural resources.” Saúl Méndez also referred to one plaintiff witness, Wagner Roberto Mérida Reyes, as someone “who came to accuse us in 2012.” The aforementioned UN Opinion revealed that on May 2, 2012 Saúl Méndez and Rogelio Velásquez, along with a third person, were detained by unidentified members of the Reyes family, who drove them to the military base.  The wives of both prisoners claim that during the 2012 imprisonment of their husbands, people involved with the company threatened them saying that both leaders would be accused of the crimes for which they were recently convicted if they didn’t end their opposition to Hidro Santa Cruz, S.A. (3)

Special Appeal by the defense identifies flaws 

In the beginning of December 2014, the defense lawyers filed a Special Appeal against the condemnatory sentence, identifying ten procedural errors (defective proceedings during the trial) and five foundational errors (incongruent legal foundation), which in their opinion were committed throughout the process. (4)

The defense points to several procedural errors: “The accused submitted evidence after the investigation deadline. The Court also accepted testimonies as coherent, when in fact they were contradictory and not aligned with the description of the events as outlined in the factual report presented by the Public Prosecutor.” Among the foundational errors, the lawyers indicate that the Court confirmed the Public Prosecutor’s investigation to be insufficient. When indicating that the men collaborated in the crime, the Court did not establish a clear and precise means in which this collaboration occurred that would indicate complicity in a crime.

The Regional Tribunal of the Court of Appeals of the Department of Huehuetenango formally admitted the Special Appeal on December 18, 2014, and as such, the sentence will be reviewed. The Seventh Appeals Court of Huehuetenango will hold a public hearing on the Special Appeal  on April 29, 2015. The acceptance of the appeal for procedural errors would either lead to a repetition of the trial from the beginning or a new tribunal would be assigned to consider the new actions [Special Appeal], while using the same evidence, witnesses and expert testimonies. The acceptance of the procedural complaint would mean that the Court would dictate a new sentence, complete with new legal grounds for the decision (without repeating the previous phases).

Support for the two sides

During some trial hearings, a group of about 20 women gathered at the court house wearing t-shirts with the message: “Justice for Guadalupe,” in reference to Guadalupe Francisco Felipe, one of the two people killed during the events being tried in the case. Throughout trial proceedings, members of the Departmental Assembly of Huehuetenango (ADH), members of the Civil Society of Barillas, and others of their own accord, affirmed the innocence of Saúl Méndez y Rogelio Velásquez and demanded their liberty, rejecting what they considered to be “criminalization for defending natural resources.”

As we wait for the Special Appeal process to be reviewed, the prisoners and their families continue to receive an outpouring of solidarity. Among these demonstrations was a Solidarity Festival for the Political Prisoners held on December 6 in the central park of Huehuetenango in support of the imprisoned leaders and their loved ones. The event included music and other artistic expressions that reflected solidarity. Those gathered included people defending natural resources through other struggles like community members from San José del Golfo and San Pedro Ayampuc, organized in the La Puya encampment against the imposition of the mining project El Tambor. They joined in the calls to demand the release of the two men from Barillas. (5) The event concluded with a visit to Saúl Méndez y Rogelio Velásquez in prison, bringing them candles and music as an act of solidarity. (6)

Together, since their second detention, Saúl Méndez and Rogelio Velásquez have spent one year and seven months in prison, while their wives and children – five in the case of Saúl and six in the case of Rogelio - have had to get by without the resources they provided as farmers. Rogelio Velásquez and his wife, Carmelia Sosa Mérida, also care for two of Carmelia’s brothers who were orphaned at a young age. Their economic situation will become even more difficult if the reparations payment approved on November 19, 2014, of 15,000 quetzales from each of the accused for the daughter of the victim, is upheld. This reparation is not applicable until the sentence is confirmed, that is to say, until the defense exhausts all of the available resources.

United Nations and the OMCT hear the case

The UN Special Rapporteur on the situation of human rights defenders, Michel Forst (France), carried out an unofficial visit to Guatemala at the end of January 2015. On January 27, he met with dozens of human rights defenders who gave testimony on the human rights violations taking place in Guatemala. Among the participants were Carmelia Sosa Mérida, the wife of Rogelio Velásquez, and Rubén Herrera, defender of natural resources and member of the ADH who told the Special Rapporteur about the case of Saúl Méndez and Rogelio Velásquez.

On February 26, 2015 the report, "Smaller than David: the struggle of human rights defenders [Más pequeños que David: la lucha de los defensores y defensoras de derechos humanos],” was presented in Huehuetenango. The report was written by the Observatory for the Protection of Human Rights Defenders (OBS) in collaboration with the Human Rights Defenders Unit of Guatemala (UDEFEGUA) during their international investigation mission in Guatemala in November 2013. The OBS is part of the World Organization against Torture (OMCT) and the International Federation for Human Rights (FIDH). Santa Cruz Barillas is one of the cases they are investigating in the report, paying special attention to the judicial process against Saúl Méndez y Rogelio Velásquez.
During the presentation of the report, Miguel Martín (OMCT) made reference to the pre-trial imprisonment of the other three leaders from the Barillas Civil Society, which had occurred on the same day.

Since 2013, Hidro Santa Cruz S.A. employees have accused Francisco Juan Pedro, Adalberto Villatoro and Arturo Pablo of threats, instigating crime, illicit association, abduction, and kidnapping. Miguel Martín mentioned that these imprisonments are very serious and expressed his solidarity with the detained. He stated that being a human rights defender is “a risky activity in Guatemala” and demonstrated his concern for the “lack of guarantees to access to due process in the [Guatemalan] justice system.”

Representatives of the OBS, UDEFEGUA, ADH and individuals visited Saúl Méndez and Rogelio Velásquez and well as Francisco Juan Pedro, Adalberto Villatoro and Arturo Pablo, on February 27 in the Preventative Center for Men in Huehuetenango.

_______

(1) Emisoras Unidas, 26 de diciembre de 2013, Capturan a dos hombres por el asesinato de campesino en Santa Cruz Barillas,  noticias.emisorasunidas.com/noticias/nacionales/capturan-dos-hombres-sindicados-asesinato-campesino-santa-cruz-barillas. Comunicado del Ministerio Público, 1 de junio de 2012, Prueba balística confirma el arma utilizada en el asesinato de campesino en Santa Cruz Barillas, www.mp.gob.gt/2012/06/prueba-balistica-confirma-el-arma-utilizada-en-el-asesinato-de-campesino-en-santa-cruz-barillas/

(2) Opinión 46/2012 del Grupo de Trabajo sobre la Detención Arbitraria de la ONU, 15 de enero de 2013, acoguate.files.wordpress.com/2013/03/gtda-opinion-no-46-2012-guatemala.pdf

(3) Centro de Medios Independientes, 14 de octubre de 2014, Mujeres valientes: las esposas de los presos políticos, cmiguate.org/mujeres-valientes-las-esposas-de-los-presos-politicos/

(4) Centro de Medios Independientes, 24 de diciembre de 2014, Apelación Especial a favor de los presos políticos de Barillas señala Vicios de la Sentencia, cmiguate.org/apelacion-especial-a-favor-de-los-presos-politicos-de-barillas-senala-vicios-de-la-sentencia/

(5) Telesur, 11 de diciembre de 2014,  Ciudadanos de Guatemala se solidarizan con líderes comunitarios presos, www.youtube.com/watch?v=krDIJWVw27s&list=UUbHFKMtqLYkIBRiPHJwxu_w#t=16

(6) Telesur, 8 de diciembre de 2014, Piden con música la liberación de dos presos políticos en Guatemala,  www.youtube.com/watch?v=jrfptIYDN_I

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.

ADH expresses solidarity with Santa Cruz Barillas political prisoners

We demand liberty for our leaders; they have not committed crimes
Photo: ADH

Departmental Assembly of Huehuetenango Communiqué in Solidarity with the Civil Society Movement of Santa Cruz Barillas

Today, March 4, 2014, we attended two hearings in which the cases would be presented of six leaders from Santa Cruz Barillas who are persecuted by Guatemalan injustice and Hidro Santa Cruz. We accompany the men and women who have dedicated themselves to their cause, our cause. The hearings were suspended, but that doesn’t mean that our presence or our voice is not useful. Saúl Méndez, Rogelio Velásquez, Adalberto “Don Tello” Villatoro, Francisco “Chico Palas” Juan, Arturo Pablo and Diego Marcos are each accused of different crimes by the Spanish company Hidro Cruz. The orchestrated “legal” cases form part of a strategy of criminalization in order to undermine the defense of territory.

The persecution, criminalization and repression carried out by Otto Pérez Molina’s military government and the Guatemalan state aim to minimize or put an end to the opposition to the implementation of mining exploitation projects, like in the cases of the resistances at San José del Golfo, San Rafael las Flores or in other cases of natural resources like water in hydroelectric projects like Cambalan I and Cambalan II in Santa Cruz Barillas.

We, as indigenous peoples, have never understood the Guatemala justice system because it is blind, mute and deaf when it deals with defending our rights. The historic aggression that is once again emphasized by the Guatemalan state against the Chuj, Q’anjob’al, Akateko and Mestizo people in northern Huehuetenango is no more than the continued utilization of all the institutional resources that political actors have at their reach to continue with the pillaging and plundering of our territories. Our history, our territory and our lives are in danger and that is why we respond pacifically at the outrageous concept that to national and foreign companies we are objects.

We, the people, have not called the companies to our territories, nor have we needed the state, because it has always abandoned us, what we want is to live in peace and continue constructing our own path toward the good life (el buen vivir).

This government, like others, will not stop us; the struggle of Barrillas and its leaders is everyone’s struggle. No to criminalization; yes to the liberation of our political prisoners.

Departmental Assembly of Huehuetenango

March 4, 2014

La ADH expresa su solidaridad con presos políticos de Santa Cruz Barillas

Foto: ADH

Comunicado Asamblea de Pueblos de Huehuetenango, ADH, en Solidaridad con el Movimiento fe la Sociedad Civil de Santa Cruz Barillas

El día de hoy, 4 de marzo de 2014, acudimos a dos audiencias en las que se ventilan los casos de seis líderes de Santa Cruz Barillas, que son perseguidos por la injusticia guatemalteca e hidro santa cruz. Los acompañamos mujeres y hombres que hacemos de su causa, nuestra causa. Las audiencias fueron suspendidas, pero no por ello deja de tener sentido nuestra presencia y palabra. Saúl Méndez, Rogelio Velásquez, Adalberto “Don Tello” Villatoro, Francisco “Chico Palas” Juan, Arturo Pablo y Diego Marcos, son acusados de diferentes delitos por la empresa española hidro cruz. Son casos “legales” orquestados que forman parte de una estrategia de criminalización para debilitar la defensa del territorio. 

La persecución, criminalización y represión por parte del gobierno militar de Otto Pérez Molina y del Estado guatemalteco, tiene como objetivo minimizar y o acabar con la oposición a la implantación de proyectos de explotación minera, como los casos de resistencia en San José del Golfo y San Rafael Las Flores o el de otros bienes naturales como el agua en el caso de proyectos hidroeléctricos como Cambalan I y Cambalan II en Santa Cruz Barillas. 

Nosotros, como Pueblos nunca hemos entendido a la justicia guatemalteca porque es ciega, muda y sorda cuando de defender nuestros derechos se trata. La agresión histórica y que hoy nuevamente se acentúa en contra de los Pueblos Chuj, Q´anjob´al, Akateko y Mestizo del Norte de Huehuetenango por parte del Estado guatemalteco, no es más que la continuidad de la utilización de todos los recursos institucionales que sus operadores políticos tienen a su alcance para continuar con el saqueo y despojo de nuestros territorios. Nuestra historia, nuestra tierra y nuestra Vida están en peligro y por ello es que respondemos pacíficamente al atropello de que somos objeto por parte de empresarios nacionales y extranjeros. 

Nosotros los Pueblos no hemos llamado a las empresas a nuestros territorios, ni nunca hemos necesitado al Estado, porque éste siempre nos abandonó, lo que queremos es vivir en paz y seguir construyendo nuestro propio camino hacia el buen vivir. 

Este gobierno como otros no nos detendrá, la lucha del pueblo de Barillas y sus líderes es de todos. No a la criminalización y sí a la liberación de nuestros presos políticos. 

Asamblea de Pueblos de Huehuetenango, ADH. 

4 de marzo de 2014 

ADH denounces World Bank and Inter-American Development Bank

The Departmental Assembly of Huehuetenango in Defense of Territory and for the Autonomy and Free Determination of the People – ADH – informs the national and international community:


During 1981, 1982, 1983, the Guatemalan Army massacred the Achí communities that lived on the banks of the Chixoy River; 444 people, including youth, children, men and women were executed. The justification of the massacre was the existence of an internal armed conflict, but in reality, they carried out this strategy in order to clean the zone and implant the construction of the Chixoy hydro-electric project. The National Electrification Institute – INDE – was responsible for the execution of this project, having received a loan from the World Bank and the Inter-American Development Bank for almost 1 billion dollars. In 2012, the Inter-American Court on Human Rights condemned the State of Guatemala for the massacres of Rio Negro and called for fulfillment of the reparations to the victims' family members for the damages caused, including the expropriation of land, crops, animals, identity and culture.

On January 17, 2014, after a 32-year community struggle, the Congress and President of the United States made a declaration demanding that the State of Guatemala and Otto Pérez Molina should pay the $154,000,000 in damages to the victims. The response of “ Mr. President “ was immediate: “To give these communities $154,000,000, is like saying that we are going to privilege these communities and leave others out.”  “Mr. President” this is a historic debt owed by the Guatemalan State to the victims of the massacres and the civilized world. The communities of Río Negro continue living in extreme poverty and in inhumane conditions. Your response, “Mr. President”, is irresponsible and aberrant.

Today, February 7, 2014, the Departmental Assembly of Huehuetenango – ADH – and the people of Santa Cruz Barillas, demand that the military government of Otto Pérez Molina respond responsibly and quickly to resolve once and for all the conflict in Barillas. 31 years later, the same methods are being repeated by Hidralia-Hidro Santa Cruz. It is time to end the conflict created by the Spanish company in its attempt to implant two hydro-electric projects in the Q’am’balam River. The conflict has gone on for five years and has resulted in the persecution, intimidation, and co-opting of community leaders. There have been assassinations, imprisonment; there is fear and terror. “Mr. President,” it is necessary to stop these companies.

The sad and terrifying story of Chixoy is related to the current persecution in Barillas through international financial institutions. The World Bank and the Inter- American Development Bank are financing Hidro Santa Cruz through the Inter-American Corporation for Infrastructure Financing (CIFI), which in 2010 provided financing for the Canbalam hydroelectric dam. In 2008, CIFI received an $80,000,000 loan from the International Financial Corporation of the World Bank Group.  In 2001, CIFI received $10,000,000 from the Inter-American Investment Corporation of the Inter-American Development Bank. We believe that these investments are responsible for the human rights violations and the damages suffered by the communities of Barillas.

Mr. Otto Pérez Molina, do you want to continue protecting companies that act illegally? What do you and your government stand to gain? Will you continue to repress the Q’anjob’al and Mestizo communities of Santa Cruz Barillas? Or what are your plans for this region that has been abandoned by the state of Guatemala?

For all of the previous reasons, as the ADH we demand:

A: The end to persecution, repression and criminalization of community leaders.
B: That the Spanish company Hidralia-Hidro Santa Cruz be expelled from the country given the harm it has caused to the communities of Barillas.
C: That Hidralia-Hidro Santa Cruz pay material, physical, physiological and cultural damages to the victims.

We call on:

• International organizations and the Inter American Commission on Human Rights – IACDH to visit in order to investigate the damages caused by Hidralia-Hidro Santa Cruz and that they issue a public statement.
• The governments of Europe, Canada and Latin America to investigate and make a public statement against the improper use given to funds provided by the World Bank and Inter-American Development Bank. 
• International solidarity organizations to denounce these acts and remain vigilant to the evolution of Otto Pérez Molina’s military government so that he upholds his responsibilities and that the persecution, repression and criminalization ends. 
• National organization to close our ranks in solidarity and unity of the People.

We demand liberty for our political prisoners.

The people of Barillas are not responsible for the violence; they are the object of a dark plan of repression and criminalization.

We are all Barillas
Life and Territory have no owner

Departmental Assembly of Huehuetenango – ADH – February 7, 2014

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