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.

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

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

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

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

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

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

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



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

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

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

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

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

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

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

Guatemalan Prosecutor summons Tahoe Resources CEO to testify about criminalization of community leaders

For additional background on this case see the article: A cheat sheet for Kevin McArthur on Tahoe Resources' tactics to silence opposition in Guatemala

PRESS RELEASE 

Friday, October 17, 2014

Source: Committee in Defense of Life and Peace of San Rafael Las Flores - Guatemalan Centre for Environmental, Social and Legal Action (CALAS) 

 

(Guatemala City): Kevin McArthur, CEO of the transnational Canadian mining company Tahoe Resources Inc, owner of the subsidiary Minera San Rafael S.A., has been summoned by the District Attorney’s office in Villa Nueva, department of Guatemala to provide his declaration with regard to Minera San Rafael’s policy of criminalization against community leaders in the department of Santa Rosa who are in peaceful resistance to the Escobal mine. This declaration was requested as part of case MP015-2013-7757 for which the District Attorney is responible and in which regard the Manager of External Relations for Minera San Rafael, Camilo Ernesto Medina Mazariegos, has falsely accused without grounds the community leader and coordinator of the Committee in Defense of Life and Peace of San Rafael Las Flores, Oscar Roderico Morales Garcia. This is the third time that Minera San Rafael has made efforts to criminalize Oscar Roderico Morales Garcia by way of its workers.

The summons for Kevin McArthur as CEO of Tahoe Resources to provide his testimony to the District Attorney’s office in the Municipality of Villa Nueva was presented to the office of Minera San Rafael in Guatemala City on the afternoon of October 15th, 2014. According to the order, Mr. McArthur is obliged to be present to make his declaration on October 21st at 10am.

The Committee in Defense of Life and Peace of San Rafael Las Flores and the Guatemalan Centre for Environmental, Social and Legal Action (CALAS) have been taking all possible legal actions to ensure that the CEO of Tahoe Resources appears in Guatemala to provide his testimony and demonstrate the policy of criminalization against activists and community leaders that Minera San Rafael has been carrying out.

‘Justice for Nature, Justice for Communities in Resistance’

For more information:

• Pedro Rafael Maldonado, General Director, CALAS, (502) 24744545, (502) 54178499, rafamaldonado(at)calas.org.gt 

Summary of Related Documents  
On October 10, 2014, Oscar Roderico Morales García made a request to the District Attorney’s Office in Villa Nueva, Department of Guatemala to summon Tahoe Resources CEO Kevin McArthur to testify in connection with criminal charges made against him by a Tahoe employee. The reason provided for the request was “To testify to the policy of criminalization that [the company’s subsidiary] has been carrying out against community leaders in resistance to the imposition of the Escobal mining project in the muncipality of San Rafael Las Flores, Santa Rosa. This declaration will demonstrate that the complaint that has been made against me is part of a series of cases that Tahoe Resources Inc by way of Minera San Rafael, S.A. has undertaken in Guatemala against community leaders in the area of influence of the Escobal mine in order to effectively impose it on the community.” The request makes reference to rights enshrined in the Guatemalan Political Constitution and Procedural Criminal Code. See the summons issued by the District Attorney here.

On October 15, 2014, the District Attorney’s Office in the Municipality of Villa Nueva, Guatemala issued an urgent summons addressed to CEO Kevin McArthur at Tahoe Resources’ office in Guatemala City requesting his presence at the District Attorney’s office on October 21, 2014 at 10am or to communicate directly with the office by phone. He is asked to provide his testimony in response to Oscar Roderico Morales García's request. See original document signed by Auxilliary Attorney I Karen Jimena Ucelo Lima and received at the offices of Minera San Rafael S.A. in Gutemala at 3:40pm on October 15, 2015: MP015-2013-7757, Fiscalía Municipal de Villa Nueva, Guatemala, Agencia 3UDI.

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

Ixil communities of Nebaj express opposition to US-led extraction in their territory

"Historically, we have never received the support of the state or the government for our development, which is why it seems fair that we be able to take advantage of our own natural resources in order to improve the living conditions of our people according to our own vision of development." 

Letter from communities of Nebaj to US-owned Double Crown Resources Inc.

In May 2014, US-owned natural resource exploration and development company, Double Crown Resources, Inc., bought the exclusive rights to all barite production from the Bilojom II mine site located near Salquil Grande, Vicalamá and Tzalbal, three Maya Ixil communities in the municipality of Santa Maria Nebaj. Despite having already presented their formal opposition to the imposition of large-scale projects on their territory to the Guatemalan Congress in 2010, plans to ramp up the extraction of barite, a non-metalic mineral used primarily for petroleum and natural gas drilling and extraction processes, continue.

In response, representatives from the affected communities submitted letters to Guatemalan and international authorities in which they reject the extraction of barite on their communally owned lands and demand respect for the right to consultation and self-determination.

Community representatives meet with the Guatemala Human Rights Ombudsman. Photo NISGUA

NISGUA joined the communities in submitting our own letter to Double Crown Resources (en español aquí) expressing our concern regarding the imposition of mining projects without the free, prior and informed consent of the indigenous population. Likewise, we are concerned by the participation of a US-owned company in the ongoing usurpation and exploitation of Ixil lands and peoples given the history of genocide and forced displacement in the region during the internal armed conflict.

While clandestine extraction of barite from the region known as Corralcub has been occurring illegally since the early 1990s, the involvement of Double Crown Resources, through their relationship with the Mexico-based Geominas de Guatemala S.A., indicates a concerning turning point for the imposition of large-scale extractive projects in the department of Quiché. Double Crown Resources plans to export an estimated 10 thousand metric tons of what they consider to be extremely high-quality barite to their soon-to-be completed processing plant in New Orleans, LA.

Widespread community opposition is focused on concerns regarding the impact on local water sources. During a previous phase of barite extraction beginning in 2003, Geominas utilized dynamite to remove the mineral, causing massive destruction of the natural environment that local communities depend on. Communities explain the impacts stating, "As a result of the constant explosions, the springs from Vijolom II that served the community of Salquil Grande dried up, and thousands of people in the surrounding  communities were left without drinking water."

In their letter, communities also call into question the legality of the mining licenses given that the land in question is communal property of the ejido of the municipality of Santa Maria Nebaj. "This land is the property, not only of the municipality of Nebaj, but also of each and every citizen of the municipality. This is to say that the land is communally owned and managed by the indigenous farming communities and is protected under the communal system by the communities and peoples, as well as by their municipal authorities."

NISGUA has provided on-the-ground human rights accompaniment to communities, witnesses and survivors in the municipality of Nebaj since 2001 when the legal case for genocide and crimes against humanity against former general Efraín Ríos Montt was filed. In May 2014, the witnesses and survivors of the Association for Justice and Reconciliation along with their legal team, achieved what many believed was impossible – Ríos Montt was convicted of genocide and crimes against humanity and sentenced to 80 years in prison.

Over the years, we have heard stories from our partners in Nebaj about how the violence of the 1980s sought to eliminate their families and communities through massacres, extra-judicial executions and forced displacement. We have also heard about the ways in which that violent past has continued into the present – how the current attempts to remove the indigenous Ixil population from their ancestral, communal lands ring as alarming echoes of the past. 

Certainly the tactics have changed – communities are not attacked with tanks and bombs, but rather by an army of multi-national development firms that threaten their communities with the very same displacement and loss of culture. The opposition to Bilojom II mine is just one of many examples throughout Guatemala in which indigenous communities, in the midst of healing and seeking justice for the deep wounds of the armed conflict, have stood up in defense of their land, livelihoods and culture.

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.

Organizaciones internacionales exigen justicia ante ataque armado en contra de líderes comunitarios opuestos a la mina Escobal de Tahoe Resources

Merilyn Topacio Reynoso Pacheco, 1997 -2014 (Foto: Danilo Zuleta)

Han pasado dos semanas desde el ataque mortal contra Alex y Topacio Reynoso, lideres comunitarios de Mataquescuintla, Jalapa, quienes estuvieron oponiéndose activamente a la mina El Escobal de Tahoe Resources en el sureste de Guatemala. Murió Topacio, quien tenía solo 16 años, y fue gravemente herido su papa, quien sigue bajo cuidado intensivo en el hospital. NISGUA está en solidaridad con la familia Reynoso y los miles de familias más pidiendo el derecho a la libre determinación, quienes han sufrido una intensificación de violencia, represión y criminalización desde la llegada de la empresa minera Tahoe Resources, de capital estadounidense y canadiense. 

 

Miles de familiares, amigos y vecinos honraron a Topacio, 15 de abril en Mataquescuintla.
(Foto: latribunadelpatojo)

Estudiantes y amigos hicieron banderas para llevar durante la procesión funeraria. (Foto: latribunadelpatojo)

Hoy NISGUA, junta con 35 organizaciones internacionales más, entregó una carta abierta a las autoridades Guatemaltecas denunciando el ataque y pidiendo justicia. Versión en ingles aquí.

Dra. Claudia Paz y Paz Bailey

Fiscal General de la República de Guatemala

1 de mayo del 2014

Re: Ataque armado en contra de líderes comunitarios opuestos al proyecto minero de Tahoe Resources

Estimada Doctora Claudia Paz y Paz Bailey,

Las organizaciones abajo firmantes estamos muy preocupados ante las noticias del ataque del 13 de abril en contra de Edwin Alexander Reynoso y su hija de 16 años, Merilyn Topacio Reynoso Pacheco. Rechazamos este ataque violento y exigimos que el Ministerio Publico realice una investigación completa e imparcial para asegurar que los responsables sean juzgados. También pedimos que la investigación sea trasladado de la Fiscalía Distrital de Jalapa a la Fiscalía de Delitos Contra Defensores de Derechos Humanos.

Merilyn Topacio Reynoso fue asesinada en el ataque, y Alex Reynoso sigue bajo cuidado intensivo en el hospital después de sufrir cuatro heridas de bala en el pecho y el estómago. Padre e hija son activistas de la Resistencia Pacifica en Defensa de los Recursos Naturales de Mataquescuintla, Jalapa, lo cual se ha organizado en contra de la mina Escobal de Tahoe Resources, ubicada en San Rafael las Flores. Goldcorp mantiene 40% de las acciones de Tahoe Resources, la cual opera el proyecto Escobal a nivel local mediante su filial, Minera San Rafael.

La familia Reynoso ha estado al frente de la lucha regional por la defensa del derecho al consentimiento previo, libre e informado, la auto-determinación, y los derechos humanos, que se organizó ante la llegada de Tahoe Resources a los departamentos sureste de Jalapa y Santa Rosa en 2010. Topacio fue una lideresa del movimiento juvenil de Mataquescuintla en contra de la minería y una defensora de derechos humanos muy conocida y activa. Su padre, Alex Reynoso, es un líder comunitario muy reconocido por su trabajo en la consulta comunitaria y como representante de la Resistencia Pacifica en Defensa de los Recursos Naturales de Mataquescuintla.

En Noviembre 2012, la municipalidad de Mataquescuintla celebró la primera consulta municipal en el departamento de Jalapa, sumándose a otras tres municipalidades en Santa Rosa que han expresado un rotundo “no” a la minería en su territorio. En diciembre del 2013, la Corte de Constitucionalidad dictó en favor de la consulta en Mataquescuintla, reconociendo la responsabilidad de las autoridades municipales en convocar esas consultas y tomar decisiones según sus resultados, afirmando su valor como "medios adecuados para que los pueblos puedan ejercer su derecho a dar su opinión y ser consultados sobre temas de interés." Hasta la fecha, se han realizado 14 consultas comunitarias en los municipios, las ciudades y las aldeas alrededores del proyecto.

A seis kilómetros del proyecto Escobal, los residentes de Mataquescuintla siguen opuestos al proyecto de Tahoe. Pero, en vez de respeto para su derecho a la auto-determinación y a decir no a este proyecto, han sufridas varias actas de violencia, intimidación y represión:

• Desde 2011, han sido acusados, sin fundamento legal, más de 100 personas involucradas en la resistencia a la mina.
• Entre marzo y mayo del 2013, en dos ocasiones, la policía desalojó violentamente el campamento pacifico, legítimo y legal radicado fuera de la mina
• En abril del 2013, las fuerzas de seguridad privada de Tahoe atacaron seis manifestantes pacificas fuera de la mina; uno fue gravemente herido. El ex jefe de seguridad de Tahoe Resources, Alberto Rotondo, sigue bajo arresto domiciliario mientras se espere la apertura del juicio en su contra, por supuestamente haber ordenado el ataque, y por lesiones y la obstrucción de justicia.
• En mayo 2013, Presidente Otto Pérez Molina declaró un estado de sitio en cuatro municipalidades alrededor del proyecto de Tahoe, inclusive en Mataquescuintla.

Estamos muy preocupados por la violencia y la persecución en contra de los defensores de derechos humanos y líderes comunitarios quienes están opuestos a la mina de Tahoe. Está sumamente importante que el crimen que terminó en el asesinato de Topacio Reynoso y las lesiones de que ahora sufre Alex Reynoso no sigue en la impunidad. Exigimos una investigación completa e imparcial por la Fiscalía de Delitos Contra Defensores de Derechos Humanos para asegurar que haya justicia, y para prevenir más violencia en la región. También pedimos que la investigación sea trasladado de la Fiscalía Distrital de Jalapa a la Fiscalía de Delitos Contra Defensores de Derechos Humanos. Tenemos entendido que Alex Reynoso está recibiendo protección policíaca mientras se recupere del ataque. Exigimos que el Ministro de Gobernación siga trabajando en conjunto con el Procurador de Derechos Humanos para asegurar la seguridad de Alex Reynoso y de su familia.

Muchas de nuestras organizaciones han tenido enlaces y/o compromisos profundos por varios años con los grupos opuestos a la mina de Tahoe Resources, y recientemente, muchas de ellas han visitado a las comunidades afectadas para reunirse con líderes locales y defensores de derechos humanos. Reconocemos que este tipo de violencia, la cual ocurre con preocupante frecuencia en y alrededor de las minas que hay en Guatemala, es también un grave problema global. Muchas de las organizaciones abajo firmantes están actualmente participando en una campaña llamada “Abierta para la Justicia,” para exigir legislación que garantice el acceso a la justicia en las cortes canadienses para las personas afectados por las operaciones mineras internacionales de las empresas Canadienses.

Le agradecemos su atención a esta solicitud y esperamos su apreciada respuesta.

Organizaciones firmantes:

Atlantic Regional Solidarity Network (ARSN) – Canada

Café Justicia Ottawa Education in Action – Canadá

Center for Alternative Mining Development Policy, La Crosse, Wisconsin - USA

The Center for International Environmental Law (CIEL) - USA

The Chicago Religious Leadership Network on Latin America  - USA

Comité pour les droits humains en Amérique latine (CDHAL) – Québec 

Conference of Major Superiors of Men – USA

Denver Justice & Peace Committee - USA

Environmental Network for Central America (ENCA) – United Kingdom

Guatemala Human Rights Commission (GHRC) – USA

Guatemala Partnership Committee, Congregational Church of Needham - USA

Guatemala Solidarity Network – United Kingdom

Guatemalan Working Group of the Ontario Public Interest Research Group (OPIRG), McMaster University, Hamilton, Ontario - Canada

Heart of the Sky Fair Trade - USA

Inter Pares – Canada

Justice, Peace & Integrity of Creation Office of the Sisters of Providence of St. Vincent de Paul - Kingston, Ontario - Canada

KAIROS: Canadian Ecumenical Justice Initiatives - Canada

Kickapoo Guatemala Accompaniment Project - USA

La Plataforma de Solidaridad con Chiapas y Guatemala de Madrid - Spain

Maquila Solidarity Network (MSN) – Canada

Maritimes-Guatemala Breaking the Silence Network – Canada

Mining Injustice Solidarity Network, Toronto, Ontario – Canada

Mining Justice Action Committee, Victoria, British Columbia – Canada

Mining Justice Alliance, Vancouver, Coast Salish Territories – Canada

MiningWatch Canada

Network in Solidarity with the People of Guatemala (NISGUA) - USA

New Hampshire-Vermont Guatemala Accompaniment Project (NH-VT G.A.P.) - USA

Oxfam America

Partners for Arlington and Guatemala, Arlington, VA - USA

The Peace and Justice Committee of First Churches, Northampton, MA - USA

Peace Watch Switzerland (PWS)

Projet Accompagnement Québec-Guatemala – Québec

SalvAide – Canada

Social Justice Connection – Québec

SOAW – LA - USA

SOA Watch - USA

St. Louis Inter-Faith Committee on Latin America - USA

University of Northern British Columbia (UNBC) Guatemala Research Group – Canada

cc:

Erick Archila Dehesa

Ministro del Ministerio de Energía y Minas

Ing. Fernando Castellanos

Director General de la Minería, Ministerio de Energía y Minas

Mauricio López Bonilla

Ministerio de Gobernación

Michelle Melisa Martínez Kelly

Ministra del Ministerio de Ambiente y Recursos Naturales

Embajada de los Estados Unidos en Guatemala

Deputy Political-Economic Counselor, William Ayala

Embajada de los Estados Unidos en Guatemala

Oficial de Asuntos Políticos, Norman Galimba 

Embajada de Canadá en Guatemala

Embajador Stuart Savage

Embajada de Canadá en Guatemala

Oficial de Asuntos Políticos Colleen Pigeon

Communities in Totonicapán and Quetzaltenango hold community referenda on mining

"The Council of Ancestral Authorities of the 31 communities of Momostenango welcomes you to the good faith community consultation" (All Photos: NISGUA)

On Sunday September 1, the municipality of Momostenango held the third community consultation in the department of Totonicapán. In all three referenda in Totonicapán, as well as two additional referenda in the department of Quetzaltenango, community members overwhelmingly rejected mining projects in their territories.

In Momostenango, 51,667 people, 99.88%, voted No to mining

While there are no mining projects currently operating in Totonicapán, there are 17 concessions for mineral exploration held by Entre Mares and Montana Exploradora, Guatemalan subsidiaries of Canada's Goldcorp Inc. Goldcorp currently owns and operates the Marlin Mine, an open pit gold mine, which has been the source of human rights abuses and tension over lack of respect for indigenous rights, as well as negative impacts on clean water supplies and public health. Goldcorp also holds 40% of shares in Tahoe Resources' controversial Escobal silver mine in San Rafael Las Flores, Santa Rosa.

Two boys show off their inked thumbs - a sign of their participation in the referenda

Since 2005, nearly a million people in more than 78 municipalities across Guatemala have held community referenda on large-scale development projects.

Despite a clear mandate, neither the government nor the companies have respected community decisions. In response to this systematic and historic exclusion of indigenous people from decision-making processes, the Western Peoples' Council (CPO) recently filed a petition with the Inter-American Commission on Human Rights (IACHR) for failure to consult with indigenous peoples on projects and policy decisions that impact their territories. 

During a September 3 press conference, Lolita Chávez, member of the CPO in representation of the K'iche' Peoples' Council, explained indigenous peoples' opposition to the large-scale development model imposed by the government: “The government says that we are an obstacle to development, but we believe that your laws and your state are an impediment to the path of our people.”

Read NISGUA's press release: Guatemalan Indigenous Organizations File Complaint over Mining Law with Inter-American Commission on Human Rights

Organizaciones Indigenas denuncian propuesta de moratoria minera

LOS PUEBLOS ORIGINARIOS NUNCA HAN PEDIDO MORATORIAS; UN PRESIDENTE DEMOCRÁTICO DEBE SER CONGRUENTE CON LOS RESULTADOS DE LAS CONSULTAS COMUNITARIAS DE BUENA FE

El anunció del Presidente de la República de Guatemala de presentar una iniciativa de ley en el Congreso de la República para decretar “una moratoria por dos años para no dar más licencias para la minería metálica” en el país, mientras comienza el debate por una nueva Ley de Minería, en el Legislativo, no es novedosa ni trascendente para los Pueblos Originarios de Guatemala; su antecesor, el Señor Alvaro Colom Caballeros ya lo había ensayado. Retraer la moratoria para el otorgamiento de licencias mineras, es otra evidencia de lo precipitado e improvisa actitud del actual gobernante con la que se levanto la moratoria predecesora.

Aún, cuando los Pueblos originarios habían presentado una acción de inconstitucionalidad en contra de la actual Ley de Minería, el Ejecutivo realizó dos acciones desesperadas: a) la suspensión de la moratoria dejada por su predecesor y, b) la presentación de una iniciativa de reforma de la Ley de referencia.

Con la suspensión de la primera moratoria, masivamente se otorgaron inconsultamente licencias de actividad minera en territorios indígenas y, con la iniciativa de reforma de la ley, se evidencia la falta de patriotismo el resguardo de la soberanía nacional. Esta iniciativa maquiavélica detalla que, en caso de que se apruebe una reforma al Decreto 48-97, Ley de Minería, o se cree una nueva Ley, el recién entregado proyecto quedaría derogado. 

La iniciativa de ley de Moratoria -“suspensión de la emisión de licencias”- no tendrá vigencia de forma inmediata, ya que esta tiene que ser leída en el Pleno, enviarse a la Comisión de Energía y Minas para buscar su dictamen y luego retornar el proyecto para iniciar su discusión.

Esta iniciativa es una “cortina de humo y un perfecto show” que buscar apaciguar la resistencia comunitaria, los conflictos originados por la imposición del modelo minero en el país.  Esta propuesta es contradictoria, cuando en año y medio el Ejecutivo ha entregado alrededor de cien licencias de minería metálica. 

Los pueblos no han pedido moratorias en las consultas comunitarias; los pueblos han exigido al Gobierno respeto a las decisiones emitidas desde las consultas comunitarias de buena fe, en las cuales, se han rechazado rotundamente el modelo de muerte encubierto en la actividad minera.

Guatemala, no necesita saquear al país para generar su propio desarrollo, la actividad minera no es la alternativa única ni prioritaria para un modelo de desarrollo integral.  

Huehuetenango, julio de 2013

ASAMBLEA DE PUEBLOS DE HUEHUETENANGO –ADH-; 
MIEMBROS DEL CONSEJO DE PUEBLOS DE OCCIDENTE –CPO-

Rubén Herrera Released from Prison!

Rubén Herrera and Cecilia Mérida moments after Rubén was liberated.

Yesterday, Rubén Herrera, unjustly imprisoned since March 15 for his resistance to the Cambalam hydro-electric project, was released from custody and cleared of all charges in one of two legal processes against him. The second process (176-2011) dating back to 2009, was provisionally closed at the request of the Public Prosecutor's office. Judge Miguel Gálvez of Guatemala City's High Risk Court “B” agreed with the prosecutor's assessment that the evidence against Herrera was imprecise and contradictory, and granted the prosecution a six month time frame to build a better case or present closing arguments. 

Beginning with Herrera's first hearing in Santa Eulalia, Huehuetenango, the Public Prosecutor's office has maintained that the case lacks evidence linking Herrera to the crimes. Despite these arguments the presiding judge in Santa Eulalia, at the request of co-plaintiffs Ecoener Hidralia Energía/Hidro Santa Cruz S.A, ordered the case forward. 

At the beginning of trial proceedings on Thursday, the Public Prosecutor reiterated its request to provisionally close both cases against Rubén Herrera citing a lack of evidence linking him to the accusations. What followed was an unusual scene, during which the lawyers at the prosecution table argued against each other. Lawyers for co-plaintiff Hidro Santa Cruz denounced the Public Prosecutor's “surprising” request and “passive attitude”, and requested that Judge Gálvez proceed to trial. Joining the Hidro Santa Cruz's legal team was a familiar face from the genocide trial, César Calderón, defense attorney for former director of military intelligence José Mauricio Rodríguez Sánchez. 

During the three hours that followed, the defense team representing Herrera argued the two separate cases, demonstrating both the political nature of the charges, the questionable behavior of representatives of the judicial system in Santa Eulalia, and the lack of concrete evidence against Herrera. 

In the 2012 case (65-2012), Judge Gálvez dismissed the charges outright. The case was permanently closed citing the fact that none of the testimonies provided by witnesses and victims in the case file even mention Rubén Herrera. In the 2009 case, Gálvez upheld the request from the Public Prosecutor to provisionally close the case stating that the accusations and arrest warrant were based on “two or three flimsy declarations”. Throughout the hearing, Judge Gálvez referenced his belief that social conflict in Barillas is the result of a lack of respect for international law protecting communities' right to consultation. 

In response to the provisional closure of the 2009 case, Cecilia Mérida, Rubén's life partner, stated that it will allow them more time to continue to disprove the allegations against Rubén; and more time to prove that he has been falsely accused by the company in order to undermine popular resistance to the hydro-electric project. Throughout the duration of his imprisonment, Herrera, Mérida and the Departmental Assembly of Huehuetenango (ADH) have continued their struggle in defense of territory in the face of rising repression and criminalization. Rubén declared soon after his release: "In prison I learned that it doesn't matter where you are, you can continue to fight.”

While the 2012 case against Rubén is closed, three of the 11 men unjustly imprisoned for eight months for their peaceful resistance to the Cambalam project continue to be linked to the same the May 1, 2012 incident and continue to await the permanent closure of their case. Likewise, 20 additional individuals still have arrest warrants pending against them related to the same event. 

Dozens of supporters packed the courtroom yesterday in support of Rubén and the struggle for communities' right to self determination. More than 2,800 people from the international community demonstrated their solidarity by signing the petition demanding Rubén's release and the end to persecution of community leaders, which was delivered to Guatemalan authorities last week. 

Supporters filled the seats and lined the aisles in support of Rubén.

The role of international solidarity continues to be important for the individuals, communities and organizations defending the right to consultation, particularly as criminalization of peaceful protest continues to intensify in Guatemala. In the words of the ADH: “In a very special way, we want to thank the show of solidarity with our cause. We are confident that this solidarity encourages and strengthens us to continue fighting.”


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