Sepur Zarco: First case of sexual slavery will be heard in Guatemalan courts

On June 22, 2015, Judge Miguel Ángel Gálvez ruled to accept witness testimonies and other evidence in the Sepur Zarco sexual slavery case. This is the first case of its kind to be heard in Guatemala courts and will be presided over by Judge Yassmín Barrios. The case first began in September 2011, when the Breaking the Silence and Impunity Alliance[1] filed a legal complaint against former military personnel on charges of sexual violence committed against the Q'eqchi' women at the Sepur Zarco military base during the internal armed conflict. Although no firm trial date is set, it is expected to begin early next year.

In 1982, the military arrived in Sepur Zarco in eastern Guatemala and accused the Q'eqchí community of forming part of the guerilla. The nearby military base, used as a rest and recreation center for soldiers, was operating within a larger context of illegal land grabs. The center had the support of powerful national and international economic interests who were using large areas of land in the area to produce sugar cane for biofuels and carry out other resource extraction activities.

During the preliminary phase of the trial, 15 women testified to having been enslaved and repeatedly raped by soldiers - sometimes in front of their children - between 1982 and 1988. During these years, they were also forced to cook for the soldiers and wash their clothes. Many of the women were held hostage at the base for at least 6 months in 1982 after their husbands had been disappeared.

Former Colonel Esteelmer Francisco Reyes Girón and former Military Commissioner Heriberto Valdéz Asig were arrested and indicted in 2014, Reyes Girón is being charged with crimes against humanity, including sexual violence, sexual slavery, domestic slavery, cruel and inhumane treatment, and murder. Valdéz Asig is also being accused of crimes against humanity, including sexual violence and forced disappearance.

For more information on the Sepur Zarco case, read an article written by a Luz Mendez, a leader with UNAMG, and an interview with Gabriela Rivera, a lawyer with Mujeres Transformando el Mundo. 

A survivor testifies in 2012 with the support
of an interpreter. Photo credit: CPR Urbana

This case of sexual slavery has opened the door for other cases of sexual violence committed during the armed conflict to be heard - including during the 2013 genocide trial - and has set the stage for the inclusion of the systematic use of sexual violence by the military as considered a war crime. According to the Historical Clarification Commission, 88.7% of the sexual violence committed during the armed conflict was against indigenous women.

Judge Barrios presided over the historic 2013 genocide case that convicted former general Efraín Ríos Montt of genocide and crimes against humanity. Ever since the Constitutional Court overturned the verdict ten days later in a controversial ruling, Judge Barrios has had to fight her own legal battles against economic and military interests that continue to hold power in Guatemala. Shortly after emitting the sentence, Guatemala's Bar Association imposed sanctions on her and attempted to have her suspended from the bench . Later, the Constitutional Court unanimously rejected the sanctions, citing the Bar's actions to impose sanctions on Barrios as an "improper intrusion on judicial independence."

The Public Prosecutor and plaintiffs for this case have already denounced the stalling tactics being employed by the defense in this case as an attempt to evade justice. In the coming months, it will continue to be important to hold the international spotlight on this precedent-setting case. Through ACOGUATE, NISGUA has accompanied the Sepur Zarco case since 2012.

[1] The Breaking the Silence and Impunity Alliance is made up of three organizations: Women Transforming the World (Mujeres Transformando el Mundo - MTM), the Community Studies and Psychosocial Action Team (Equipo de Estudios Comunitarios y Acción Psicosocial - ECAP) and the National Union of Guatemalan Women (la Unión Nacional de las Mujeres Guatemaltecas - UNAMG).

Reflections on the "Rivers for Life: Cultural Resistance to the Xalalá Dam" fall speaking tour

Tour speaker, Víctor Caal Tzuy, shows NISGUA's Rivers for Life solidarity banner to ACODET members from Las Margaritas Copón.

The goals for the 2014 NISGUA speaking tour were much like those which have guided us during our 33 years as a human rights, solidarity organization: amplify Guatemalan voices and experiences, connect grassroots struggles across borders, inspire, educate and strengthen our partners in the US and Guatemala. This year's tour exceeded our expectations, and we have Víctor Caal Tzuy of the Association of Communities for Development, Defense of Territory and Natural Resources (ACODET) and the NISGUA grassroots base on both coasts to thank.

Víctor's message of cultural resistance, community organization and unity reached more than 1,000 people during more than 20 events and interviews. Spanish language radio spots helped our tour reach immigrant communities in Seattle, Portland and the Bay Area. The tour petition gathered nearly 700 signatures demanding respect for indigenous communities’ right to consultation and the cancellation of the Xalalá pre-construction studies.

Víctor Caal Tzuy speaking at the Duwamish Longhouse & Cultural Center

Presentation to NISGUA supporters at the Unitarian Universalist Church of Arlington, VA

Preparing for a radio interview during Indigenous Peoples Day Sunrise Ceremony on Alcatraz Island

Tour events in Seattle, San Francisco and San Jose, CA, opened space for horizontal exchanges between indigenous leaders and local activists working against displacement and in defense of territories. Our final days were spent in Washington D.C., where Víctor had the opportunity to provide decision-makers in the US government, at the Brazilian Embassy and the Inter-American Development Bank (IDB) with first-hand information about the damages of the proposed dam project.

Especially moving were the opportunities for horizontal exchange between Víctor and similarly affected peoples –including indigenous peoples of the Pacific Northwest and Bay Area activists fighting for self-determination in Palestine, the Phillipines and Richmond, CA. During one such exchange in Seattle, WA, Víctor, a Maya-Q'eqchi' leader and Ken Workman of the Duwamish Tribal Council, found common ground as indigenous people with shared legacies of river stewardship and common experiences of displacement from colonization. “Ken and I have much in common–we both live on the shores of rivers, and we will defend our rivers”, reflected Víctor. Ken, the great-great-great-great grandson of Chief Si'ahl (Seattle) drew connections between past suffering of the Duwamish people and the current situation facing Q'eqchi' communities opposing the Xalalá Dam. “The potential effects on culture and environment that Victor describes are exactly what occurred here in Seattle 100 years ago..."

Indigenous leaders, Víctor Caal Tzuy and Ken Workman

Sharing culture and struggle with New Fire in San Jose, CA

During meetings in Washington, DC, Víctor expressed the concerns shared by the 51 indigenous communities that compose ACODET about the lack of respect for consultation and the intensification of government pressure to accept the project in return for vital social programs. He shared specific instances of attempts to militarize peacefully resisting communities in the name of fighting supposed drug activity in the region.

In a meeting with the IDB, we discussed a 2008 grant that provided technical support to establish the Xalalá Dam as a “pilot project” for future hydroelectric projects, and we encouraged the Bank to refrain from future funding of the dam given ongoing human rights abuses. We also raised concerns about ongoing IDB loans to the Guatemalan government for rural electrification as these funds are being used to condition local electricity projects in Ixcán communities based on their acceptance of the Xalalá Dam.

At each of the tour stops, Víctor explained the significance and importance of international solidarity in their struggle. He encouraged people to come and visit his community, which is located at the confluence of the Chixoy and Copón rivers, precisely where the Xalalá Dam would be built. “I invite you to come and visit our river. You will be welcomed if you come with NISGUA, but not if you come with the companies. One of the reasons our resistance has been successful is international accompaniment. We need your support.”

Horizontal exchange with Bay Area activists fighting for self-determination

Media links:

Interview at KEPX Seattle, WA

"Letters Home: Dawn in the Ixcán" published on The Outsider 

"Los Qéqchi' y los Duwamish"  / "The Q'equchi' and the Duwamish" published on El Salmón

The Q'eqchi' and the Duwamish

This article was originally published in Spanish, online at elsalmon.org

By Alejandro Echeverría
October 13, 2014 

Indigenous leaders Víctor Caal Tzuy and Ken Workman

Ken Workman is a Seattle native who despite his tall stature, has characteristics that evoke his famous 19th century ancestor - the indigenous Chief of Seattle (Si'ahl) - who gave this city, which lies in the state of Washington on the Pacific coast of the northern United States, its name. Standing before a large audience at the Duwamish headquarters  (the indigenous group to which he belongs), he speaks about his people and his struggle while alternating between the languages of Lushootseed and English. Beside him, Víctor Caal Tzuy, a Q’eqchi' representative of Las Margaritas Copón, listens attentively while he readies himself to speak about his own struggle 4,500 kilometers to the south.

Ken speaks about the agreement his tribe made in the 19th century with the American colonists, in which they ceded their territory under imminent invasion and in exchange for money, the rights to inhabit the land, and to hunt and fish on it. They weren't given an indigenous reservation like many other tribes who had the fortune of living in more remote areas unlike the geographically strategic city of Seattle. The Duwamish are not a recognized tribe. Many of them have been displaced, integrated into other tribes and lost their customs and cultural unity. Ken talked about current attempts to revive the Duwamish culture from the oral tradition that remains. “You have come at a good moment,” he says while looking at Víctor. 

“Ma sa sa’ laach’ool?” greets Victor in Q'eqchi' with a smile and a wave, after which he speaks in Spanish about the impacts that the construction of the Xalalá hydroelectric dam would have on surrounding communities in the Quiché and Alta Verapaz. In response to these impacts, they organized the Association of Communities for Development and the Defense of Land and Natural Resources (ACODET) in order to preserve their communities and consequently  their culture. 

The dam's construction would directly affect 13,000 people living in the 50 communities that would be displaced, and indirectly affect another 18,000 people living in an additional 44 communities. If forced to reach an agreement with INDE, they would be displaced and have to integrate into other communities – a scenario that is all-too familiar. It is impossible to ignore the parallels with Ken's history from almost 150 years ago, parallels that were brought to light on the “Rivers for Life” tour organized by the Network in Solidarity with the People of Guatemala (NISGUA).

In Washington, what was once the Duwamish River or Black River is now dry because it was transformed into a channel. In a surprising and sad coincidence, another river of the same name in Guatemala – the Rio Negro (“Black River”) – is in danger of suffering irreparable changes to the ecosystem and to the communities that depend on it. The communities in the area are organized, brave and made up of intelligent people who are concerned about local development -  a concept that is not necessarily aligned with what we in the capital city perceive as “progress,”. And that's good; why not? Self-determination is important. “In my river, the fishing is good and everyone is welcome except those who want to come to flood our communities,” said Victor, ending his presentation with a slide showing a picture of a child holding up a fish almost as tall as him.

While having coffee in the reception area of a local Seattle radio station where Víctor had given an interview, I learned about the local rules they have established for the proper management of hunting, fishing and the use of natural resources. These policies are much more reasonable than anything someone from Guatemala City with their smart phone in hand could find on Google. He talked a lot about the impact on the flora and fauna, and on the environment, the incomplete environmental studies, the fact that it is important to continue to generate electricity for the city – oh, the progress! - the many pros and cons, all of which come from a perspective that is so city-focused, but not at all cosmopolitan. In fact, there is little talk at all about the cultural impact.

Even though I already knew about the issues surrounding Xalalá and the history of the Duwamish separately, I never saw them side by side. It opened my eyes. There are communities in Guatemala, like those surrounding the Chixoy hydroelectric dam, that have gone through the same things as the Duwamish. We are in a unique context here, if we can only learn how to listen and decide to learn from history.

Translation by NISGUA

Center for Independent Media denounces attacks following its coverage of violence in Alta Verapaz

Below is NISGUA's translation of a press release by Guatemala's Center for Independent Media (CMI-G) regarding attacks suffered as a result of its coverage of the violent eviction of communities opposing the imposition of mega-projects in Alta Verapaz. For the original version in Spanish click here.

CMI denounces attacks following its coverage in Alta Verapaz 

Since a team from Guatemala's Center for Independent Media (CMI-G) began to cover the recent evictions in Alta Verapaz, a chain of attacks was initiated, among those cyber-attacks, which impeded the immediate publication of the information collected during the events. The eviction was carried out by the National Civil Police, the army, and civilians who were accompanying them in an irregular fashion. During these actions, more than 100 families were displaced, five community leaders were captured, and three campesinos were assassinated. These events have yet to be fully investigated.

This region, located in the northern part of the country, is characterized by strong interests surrounding hydroelectric projects; petroleum extraction and mining; as well as mono-culture crops for the production of agro-fuels and other products.

In this context, on the night of August 23, one individual, who resides with the two reporters who covered the previously mentioned evictions, was kidnapped. This person (whose name has been omitted for security reasons) was detained for several hours, and was threatened, beaten, and harassed. Along with the beating, direct threats were made against Gustavo Illescas, the author of the articles about the evictions, and against the work of CMI-G. For this action there are two complaints filed with the Attorney General's Office.

These were not the first attacks. The collective Emancipa Producciones, which forms part of CMI, suffered persecution during their coverage of the student protests (normalistas), and were harassed during the writing of a report about the installation of the Saqja’ hydroelectric dam (located in Purulhá). Attempts were made to impede their presentation of the documentary, “La Propuesta Impuesta”, during a film festival. Furthermore, during the different coverages of the anti-mining resistance “La Puya”, in San José del Golfo, independent journalists suffered intimidations, threats, and attempts to sensor the media. These acts were denounced in national courts. This judicial process — filed together with other alternative media journalists — resulted in the conviction of individuals from the mining company, Exmingua.

These acts of aggressions have coincided with evictions or repression against communities and social movements by the public security forces. In these cases, the business-controlled media outlets have dedicated little or no coverage to the events, or have just repeated the biased discourse of the government. CMI-G has not been the only organization attacked. Richard Busquets, journalist with the Campesino Unity Committee (CUC), has been criminalized and harassed on various occasions; Francisca Gómez Grijalva is expected to be brought to court over an opinion column in which she revealed the abuse of power by Cementos Progreso, among other cases.

CMI-G believes these attacks are concerning and indicate an increasing tendency since the current administration took power. The declarations of the Ministry of the Interior regarding the intention to regulate the circulation of critical content in social networks, as well as the proposed Law 4843 presented by the political party LIDER, represent attempts to create a legal precedent which would serve to accuse social reporters who cover certain themes of spying, terrorism and other crimes. These measures attempt to cause auto-censorship, to promote dis-information, and to isolate communities faced with a scenario of conflict and repression.

As a result, we publicly denounce these attacks. We manifest our solidarity with the people and collectives that suffer from repression, persecution, and government censorship. We demand that the Attorney General's Office conduct an immediate and effective investigation. We demand that the government respect the right to freedom of expression and emission of thought, as well as the physical integrity and work of all of those that document and share information regarding acts that threaten dignity and human rights. Without these guarantees, a real democracy is impossible.

ACODET denounces attempt to militarize communities opposing Xalalá dam

According to a secret contract signed between Guatemala's National Electrification Institute (INDE) and Brazilian Intertechne Consultores S.A., geological studies necessary to begin construction on the Xalalá dam are to begin in March 2014. Communities organized in defense of territory, who have opposed the dam's construction for years, denounced the arrival of a military and police convoy to the region on February 25. They roundly reject the government's suggestion of drug activity in their communities and question the timing and location of the incursion.

Read the full communiqué from the Association for Development, Defense of Territory and Natural Resources (ACODET) below.

This past Tuesday, February 25, 2014, [Guatemalan radio station] Radio Sonora reported an announcement by the Minister of the Interior stating that he had received a complaint regarding the presence of drug traffickers in the community of Xalalá, in the municipality of Ixcán. He stated that Mr. Enrique Cajbón had filed the complaint. Radio Sonora began circulating this information before noon.

Around 5 PM the same day, a convoy made up of one truck and four army pick-ups, together with two National Civilian Police (PNC) vehicles, arrived at the crossing near the Copón River bridge, near communities threatened by the construction of the Xalalá dam.

Our community authorities approached those in charge of the army and police contingent to ask for an explanation of their presence in our territory. They responded that they had received a citizen complaint denouncing a supposed shipment of drugs destined for the community of Xalalá. After Mr. Enrique Cajbón presented himself to the authorities, the police admitted that Mr. Cajbón was not the person who filed the complaint and they promised to present a copy of the complaint to our community authorities the next day. After signing an agreement of clarification with our community authorities, the army and police returned to Playa Grande, Ixcán. The next day, local authorities went to the National Police station in Ixcán, but were not provided a copy of the complaint. As a result of our authorities’ instance that they be given a copy of the complaint, the agent, who the day before had promised to produce the document, warned that helicopters might land in our communities in the coming days.

It is relevant to mention that last November the Guatemalan National Electrification Institute (INDE) signed a contract with Brazilian company, Intertechne Consultores S.A., to complete feasibility assessments for the Xalalá dam. The geological feasibility studies are scheduled to be carried out in March 2014 in the communities that make up our territory. The community of Xalalá, in the municipality of Ixcán, is the precise location that INDE used at the beginning of the 80s to carry out the first geological studies on the Xalalá hydroelectric project.

In light of these events, we, the Maya Q’eqchi’ communities threatened by the construction of the Xalalá dam, organized in the association ACODET express:

1. In our communities we all know one another. We use our lands to produce our food, we do not know of, nor do we accept, the presence of organized crime groups or use of our territory by such groups.
2. No clandestine landing strip exists in Xalalá. There is a green space in the center of the community that was previously used as a landing strip but is currently used as a football field and communal space for grazing our domesticated animals. It is not equipped for small plane landings.
3. Mr. Enrique Cajbón, a Maya Q’eqchi’ member of the ancestral indigenous authority of the community of Xalalá, never filed the alleged complaint. No other members of our local authorities were informed of such a complaint, nor was the army’s protection requested.
4. We find it very strange that the Ministry of the Interior published via the radio, and with anticipation, plans for an operative supposedly intended to capture drug traffickers.
5. Based on these events, we believe that the government is trying to frighten our communities, delegitimize our resistance to the imposition of the Xalalá dam and justify a military presence in our territory.
6. The United Nations Declaration on the Rights of Indigenous Peoples states: “Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.” (Article 30)

Association for Development, Defense of Territory and Natural Resources

ACODET

Playa Grande, Ixcán February 28, 2014

ACODET denuncia un intento de militarizar las comunidades que resisten la construcción de la represa Xalalá

Según el contrato firmado secretamente entre el Instituto Nacional de Electrificación (INDE) y la empresa brasileña Intertechne Consultores S.A., los estudios de factibilidad para la represa Xalalá debería comenzar en marzo de 2014. Las comunidades organizadas en defensa de su territorio, que por muchos años han luchado en contra de la construcción de la represa, denunciaron la llegada del ejercito y la Policía Nacional Civil en la región el 25 de febrero. Las comunidades rechazan por completo la acusación del gobierno de actividad narcotraficante en sus territorios.

A continuación, compartimos el comunicado entero de la Asociación de Comunidades para el Desarrollo y Defensa del Territorio (ACODET).

El pasado martes 25 de febrero de 2014, la Radio Sonora difundió notas donde el Ministerio de Gobernación, anunciaba haber recibido denuncia sobre la presencia de narcotraficantes en la comunidad Xalalá, municipio de Ixcán, atribuyendo la denuncia al señor Enrique Cajbón. Estos avisos se empezaron a transmitir desde antes del mediodía. 

Alrededor de las cinco de la tarde de ese mismo día un convoy integrado por un camión y cuatro pickup del ejército y dos vehículos de la PNC, llegaron al cruce cercano al puente del río Copón, en área de comunidades amenazadas por la construcción de la represa Xalalá. 

Las autoridades de nuestras comunidades se dirigieron a los encargados del contingente militar y policía para preguntarles sobre el motivo de su presencia en nuestro territorio, a lo que ellos respondieron que habían recibido una denuncia ciudadana sobre un supuesto desembarco de droga en la comunidad Xalalá. Al presentarse el señor Enrique Cajbón, ante los policías reconocieron que él no es el denunciante y se comprometieron a entregar al día siguiente copia de la denuncia a nuestras autoridades comunitarias. Después de firmar un acta de aclaratoria junto a nuestras autoridades comunitarias, el ejército y policías regresaron a Playa Grande, Ixcán. Al día siguiente nuestras autoridades comunitarias se presentaron en la subestación de la PNC en Ixcán, pero no les entregaron copia de la denuncia. Ante la insistencia de nuestras autoridades para que le proporcionen la copia el agente que se comprometió el día anterior les advirtió que en próximos días podrían aterrizar helicópteros en terrenos de nuestras comunidades. 

Cabe recordar que el pasado mes de noviembre el INDE firmó un contrato con la empresa brasileña Intertechne Consultores S.A. para realizar estudios de factibilidad para la represa Xalalá, los cuales incluyen los estudios geológicos que deben realizarse en territorio de nuestras comunidades, el cual está programado para el mes de marzo del 2014, y que el lugar que el INDE utilizó a principios de los 80s para la realización de los primeros estudios geológicos del Proyecto Hidroeléctrico Xalalá, se encuentra precisamente en terrenos de la comunidad Xalalá, municipio de Ixcán. 

Ante estos hechos nosotros las comunidades maya q’eqchi’ amenazadas por la construcción de la represa Xalalá, agrupadas en la Asociación ACODET 

M A N I F E S T A M O S 

1. Que en nuestras comunidades todos nos conocemos, usamos la tierra para producir nuestros alimentos, no sabemos, ni aceptamos la presencia o uso de nuestro territorio por parte de grupos del crimen organizado. 
2. Que en Xalalá no existe ninguna pista clandestina. Hay en el centro de la comunidad un área verde que en el pasado se usó como pista de aterrizaje y que actualmente nos sirve como campo de fútbol, espacio comunitario para pastoreo de nuestros animales domésticos y que no está habilitada para aterrizaje de avionetas. 
3. Que el señor Enrique Cajbón es miembro de la autoridad indígena ancestral de la comunidad indígena Q´eqchi’ Xalalá y en ningún momento presentó la supuesta denuncia, como ninguno de los demás miembros de las autoridades de nuestras comunidades fueron informada de dicha denuncia, ni solicitaron protección del ejército. 
4. Que nos resulta muy extraño que el ministerio de gobernación publique por medio de la radio y con anticipación, la realización de un operativo que supuestamente sería para la captura de narcotraficantes. 
5. Que con estos hechos entendemos que el gobierno lo que trata es de atemorizar a nuestras comunidades, desprestigiar nuestra lucha ante la imposición de la represa Xalalá y justificar la presencia de efectivos militares en nuestro territorio. 
6. Que la Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas dice “No se desarrollarán actividades militares en las tierras o territorios de los pueblos indígenas, a menos que lo justifique una amenaza importante para el interés público, o que se hayan acordado libremente con los pueblos indígenas interesados, o que éstos lo hayan solicitado, y que los Estados celebrarán consultas eficaces con los pueblos indígenas interesados, por los procedimientos apropiados y en particular por medio de sus instituciones representativas, antes de utilizar sus tierras o territorios para actividades militares”. (artículo 30). 

Asociación de Comunidades para el Desarrollo y Defensa del Territorio 

A C O D E T 

Playa Grande, Ixcán 28 de febrero 2014