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

Criminalizing protest and free speech across borders

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

Activists gather underneath Reno's archway on Indigenous
Peoples' Day to denounce the company's abuses in Guatemala.
Photo: Jose Olivares

Those who spoke drew connections between the struggles to defend land and natural resources of indigenous and First Nations people in the U.S. and Canada with those opposing transnational mining in Guatemala. 

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

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

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

Tahoe's Head of Investor Relations, Ira Gostin, calls the police
instead of listening to community concerns. Photo: Jose Olivares

Tahoe’s corporate strategy has been to respond to criticism and opposition with criminalization. No doubt, the scale of repression in the United States is significantly different than the scale of repression in Guatemala. But the core reaction is the same. Tahoe attempts to silence dissent using fear, but communities continue to show that they cannot be bullied into standing aside. 

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

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

Communities defend right to clean water, continue to speak out against Tahoe's dirty mine

In honor of World Environment Day, communities impacted by Tahoe Resources' Escobal mine did what they have consistently done since the mining company came on to their lands - stand up for land, water and life against mega-development extraction. The situation is critical: just over a year into the start of commercial production at the massive silver mine, water contamination and scarcity is already being reported and confirmed by community members, government officials and environmental organizations.

Beneath the rain, over a hundred people gathered outside the Ministry of the Environment and Natural Resources (MARN) to denounce the Initial Environmental Assessment (EAI) for the Juan Bosco exploration license, owned by Tahoe Resources' subsidiary, Minera San Rafael. Despite widespread resistance to the mine and a 2013 referendum where the community of San Juan Bosco overwhelmingly rejected the presence of the mine, MARN approved the initial assessment in December 2014, putting Tahoe is one step closer to constructing its second mine in the area. Its flagship Escobal project in neighboring San Rafael las Flores began commercial production in January 2014.

Major concerns about the impact the Escobal project is having on the local water supply motivated people from San Juan Bosco and surrounding communities to take legal action to prevent the company's expansion. A preliminary injunction filed by the Center for Environmental Legal Action (CALAS) against MARN was recently accepted by a Guatemala judge. The complaint centers on the fact that the Juan Bosco EAI is for a low impact project, which is inappropriate for a mining project. The positive decision by the judge means that the approval of the EAI has been temporarily suspended. Nevertheless, community members report that the company continues to purchase land in the area.

"They call us terrorists. They say our demonstrations are violent. But look around. We're here, peacefully demanding that MARN stop authorizing these EIAs. We're talking about our land. This isn't just our struggle - it should be everyone's," said one community member from San Juan Bosco at the protest outside of MARN. 

In 2012, CALAS also filed a complaint for contamination of the Escobal Creek and the El Dorado River, located near the community of Los Planes, just steps from Tahoe’s project. The alleged offense occurred while the project was still in the exploration phase. In April of this year, Tahoe's administrative manager for its Guatemalan subsidiary, Carlos Roberto Morales Monzón, was indicted by a Guatemala judge on charges of industrial contamination and sent to pretrial detention. He was released on bail several weeks later, but remains under house arrest awaiting trial.

The charges in this case were recently backed by a report published by the MadreSelva Collective, an environmental organization that has been monitoring water quality at six points located up and down river from the Escobal mine for the past three years. The report concludes that the monitoring point closest to the mine on the Escobal Creek is the site of water discharges from underground mine operations and contains high concentrations of chemical elements and potentially toxic metals, which present serious implications for the health of residents, their crops and animals. It also documents the drying up of at least 18 wells in communities within the municipality of San Rafael las Flores, were the mine is located. 

Those gathered outside MARN also highlighted the 250 complaints related to concerns over water that were filed against the Escobal project before the Ministry of Energy and Mines (MEM) granted the exploitation license. Even thought Guatemalan law states that all complaints must be resolved before the exploitation license can be granted, all 250 were dismissed the day the license was granted. A lawsuit is pending in Guatemala’s Constitutional Court for lack of due process in this regard, which has raised questions about the legality of Tahoe’s exploitation license.

"We already see the negative impacts of the Escobal mine," says one community member from San Rafael las Flores. He works digging wells in the community and surrounding areas for potable water. "Since Escobal started operating, we're seeing these wells dry up.... Enough is enough. It's time that the government and company stop intimidating the people in San Rafael las Flores and the surrounding areas for standing up against the mine.” he says.

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.

Demanda en contra de Tahoe Resources – señal de alerta para inversionistas y canadienses

Fuente: Alerta Minera Canadá - Red en Solidaridad con el Pueblo de Guatemala (NISGUA) - Red Rompiendo el Silencio de las Provincias Marítimas y Guatemala

18 de junio de 2014

(Ottawa/Tatamagouche/Guatemala) Se presentó hoy día una demanda civil en Vancouver contra Tahoe Resources por negligencia y agresión en relación a un tiroteo en el proyecto argentífero de la empresa en Guatemala, lo que transmite un claro mensaje a inversionistas y a la población canadiense en general.

Victimas y sus abogados en Guatemala. Photo: Giles Clarke

Siete víctimas de un tiroteo que habría sido encargado por el ex jefe de seguridad de la empresa Tahoe Resources, Alberto Rotondo, han enjuiciado a la empresa por daños punitivos. Rotondo es un antiguo oficial de marina peruano ligado a proceso en Guatemala con cargos relacionados al ataque de mayo del 2013. La demanda canadiense representa uno de los muchos abusos vinculados al único proyecto de Tahoe, el cual se precipitó a la producción en enero del 2014 a pesar de la elevada oposición de las comunidades.

El desarrollo del proyecto argentífero Escobal de la empresa Tahoe Resources, en el suroriente de Guatemala, se ha caracterizado por violencia y represión.

“La represión de dirigentes comunitarios involucrados en la organización de consultas locales y manifestaciones pacíficas en contra de la mina de Tahoe se remonta al 2011. Alrededor de 90 personas han sido acosadas mediante persecuciones legales espurias, y en mayo del 2013 se declaró estado de sitio en la zona lindera a la mina, creando así un ambiente de temor e intimidación para acabar con la oposición local”, indica Ellen Moore de la Red en Solidaridad con el Pueblo de Guatemala (NISGUA por sus siglas en inglés).

Decenas de miles de personas han votado en contra de la minería en San Rafael Las Flores, donde Tahoe opera en la actualidad, y en los municipios lindantes donde la empresa espera llevar a cabo mayor exploración.

La abrumadora oposición se basa en preocupaciones por los impactos actuales y futuros de las operaciones de Tahoe en las fuentes acuíferas locales, al igual que en la salud de la comunidad y en actividades agrícolas. La mina de Tahoe se ubica a tan sólo 2 kilómetros del parque central en San Rafael Las Flores y a escasos metros de viviendas y ganado.

“La empresa tiene una historia turbulenta en Guatemala, lo que debería preocupar a la población canadiense y a los inversionistas”, observa Jackie McVicar de la Red Rompiendo el Silencio de las Provincias Marítimas y Guatemala. “Tahoe Resources surgió de la empresa Goldcorp de Vancouver, cuya mina Marlin en las sierras del noroccidente de Guatemala ha sido fuente de conflictividad y de constantes violaciones a los derechos indígenas y humanos en la última década.”

Goldcorp mantiene una participación del 40% en Tahoe Resources, y seis de los ocho miembros de la junta directiva de esta última están o estuvieron vinculados al gigante de la minería aurífera. La mayor parte de los canadienses también invierten en Tahoe Resources a través del Fondo de Pensiones de Canadá, cuyas acciones llegaron a un valor de CAD $49 millones el 31 de marzo del 2014.

Cabe resaltar que, al enfrentarse a demandas por parte de guatemaltecos/as, la empresa canadiense HudBay Minerals terminó vendiendo su proyecto de níquel Fénix a una firma rusa a un cuarto del precio que había pagado. Las tres demandas por el asesinato a mano armada del dirigente de derechos a la tierra, la violación colectiva de 11 mujeres maya q’eqchi’ y la parálisis de un hombre joven causada por arma de fuego siguen su curso en las cortes de Ontario.

“Los abusos por los que se enjuicia a Tahoe son la punta del iceberg en términos de las flagrantes violaciones vinculadas a las operaciones mineras canadienses en Guatemala y en toda la región”, observa Jen Moore, de Alerta Minera Canadá. “Esta demanda debería sonar la alarma a la población canadiense indicando un problema mucho más profundo con esta industria que las autoridades canadienses promueven incondicionalmente en el extranjero”.

Contactos:

Ellen Moore, Red en Solidaridad con el Pueblo de Guatemala (NISGUA), (011) 502 4141 1187, ellen(arroba)nisgua.org 
Jackie McVicar, Red Rompiendo el Silencio de las Provincias Marítimas y Guatemala, (902) 324-2584 btsguatemala(arroba)gmail.com
Jen Moore, Alerta Minera Canadá, (613) 569-3439, jen(arroba)miningwatch.ca 



ANTECEDENTES

El proyecto argentífero Escobal, de la empresa Tahoe Resources, se ubica en el municipio de San Rafael Las Flores en el suroriente de Guatemala. Ha sido objeto de oposición local y continuos procesos legales en contra de la validez de la licencia de explotación. Dirigentes comunitarios han sido reprimidos, criminalizados y violentados debido a su promoción de los procesos de consulta comunitaria. A pesar del conflicto – o quizás a causa de éste – Tahoe se precipitó a comenzar operaciones en la mina, incluso antes de establecer reservas minerales confiables. Según la empresa, la mina subterránea comenzó a operar en enero del 2014.

La mina de Tahoe carece de licencia social.

• Hasta la fecha, se han llevado a cabo 14 consultas en las que decenas de miles de personas en los seis municipios más cercanos al proyecto votaron en contra de la mina Escobal, debido a sus preocupaciones sobre los impactos ambientales y sociales actuales y futuros.

El proyecto Escobal ha llevado a violencia y criminalización.

• Alberto Rotondo, ex jefe de seguridad de la empresa y antiguo oficial militar de Perú, se encuentra en prisión a la espera de juicio por haber presuntamente ordenado a los guardias de seguridad abrir fuego contra manifestantes en frente de la mina el 27 de abril del 2013. Siete víctimas de este ataque presentaron en Columbia Británica una demanda civil contra Tahoe Resources por negligencia en relación al incidente.

• El gobierno de Guatemala decretó el estado de sitio por un mes luego del tiroteo del 27 de abril del 2013 en municipios en que el voto en contra de la mina había sido abrumador.

• En junio del 2012, Tahoe presentó una demanda contra el gobierno de Guatemala, exigiéndole cumplir un rol más activo en la protección de la mina. La corte de Guatemala desestimó la demanda en febrero del 2013, unos pocos meses antes de imponerse el estado de sitio.

• Desde septiembre del 2012, más de 90 personas han sido sindicadas con cargos criminales infundados, debiendo soportar las dificultades y pesadumbre de los procesos legales que esto implica. Algunas de ellas tuvieron que pasar meses en la cárcel antes de quedar absueltas de todo cargo.

Los entes regulatorios guatemaltecos otorgaron a Tahoe la licencia de explotación sin antes conocer los recursos presentados por pobladores, poniendo en tela de juicio la validez de la licencia.

• Poco antes de otorgarle a Tahoe la licencia de explotación el 3 de abril del 2013, el Ministerio de Energía y Minas de Guatemala desestimó y dejó sin resolver unos 250 recursos presentados por pobladores.

• En julio del 2013 los querellantes presentaron un amparo por la desestimación de uno de los recursos, el cual fue otorgado, poniendo en duda la validez de la licencia. Se espera que la Corte de Constitucionalidad de Guatemala emita en breve la decisión final.

Debido a sus estrechos vínculos con Goldcorp, Tahoe conoce los riesgos de proseguir sin el consentimiento de la comunidad y con un proyecto que ya ha llevado a violencia y represión.

• Goldcorp mantiene una participación del 40% en Tahoe Resources.

• Seis de los ocho miembros de la junta directiva de la empresa son o han sido ejecutivos en Goldcorp, incluyendo al fundador y presidente de Tahoe, Kevin McArthur, que fue presidente de Glamis Gold y de Goldcorp hasta el 2008.

• La mina Marlin de Goldcorp en Guatemala también comenzó a operar en medio de oposición y represión generalizadas. Como resultado, ha sido objeto de repetidas declaraciones internacionales en materia de derechos humanos urgiendo la suspensión de la mina, e indicando preocupaciones por los impactos en la salud de la comunidad, en el ambiente, y por el derecho a la libre determinación de las comunidades indígenas mayas del alrededor.

• La Comisión Interamericana de Derechos Humanos abrió recientemente un caso por violaciones a los derechos indígenas y humanos en la mina Marlin.

Tahoe Resources Inc. es una empresa de exploración y desarrollo argentífero, que cotiza en la bolsa de valores de Toronto y de Nueva York, con oficinas en Vancouver, Columbia Británica, Canadá y Reno, Nevada, EEUU. Escobal es su único proyecto.

International organizations demand justice in deadly attack against opponents of Tahoe Resources' mine

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

Two weeks have passed since the deadly attack against Alex and Topacio Reynoso, community leaders from Mataquescuintla, Jalapa who were actively opposed to Tahoe Resources' Escobal mine in southeastern Guatemala. Topacio, just 16 years old, was killed, and her father was seriously injured. He remains in hospital in serious condition. NISGUA stands in solidarity with the Reynoso family and the thousands of other families demanding the right to self determination, who have suffered increasing violence, repression and criminalization since the 2010 arrival of the US and Canadian listed mining company, Tahoe Resources. Goldcorp holds 40% of Tahoe Resources’ shares.

Thousands of family and friends honor Topacio in Mataquescuintla, April 13, 2014 (Photo: latribunadelpatojo)

Classmates and friends made flags to carry during the funeral procession (Photo: latribunadelpatojo)

Today, NISGUA, together with 35 other international organizations, submitted a letter to Guatemalan authorities denouncing the attack and calling for justice.
Spanish version / versión en Español here.

Dr. Claudia Paz y Paz Bailey
Attorney General of the Republic of Guatemala
E-mail: fiscalgeneral@pm.lex.gob.gt
15 Avenida 15-16 zona 1, Barrio Gerona, 8o nivel, Ciudad de Guatemala

May 1, 2014

Re: Armed attack against activists opposing Tahoe Resources’ Escobal Mine

Dear Dr. Claudia Paz y Paz Bailey,

The organizations that are signatories to this letter are deeply troubled by news of the April 13 armed attack against Edwin Alexander Reynoso and his 16-year-old daughter, Merilyn Topacio Reynoso Pacheco. We condemn this violent attack and call on your office to conduct a full and impartial investigation to ensure that that those responsible are brought to justice. We request that the investigation be transferred from the District Prosecutor of Jalapa to the of the Special Prosecutor's Office on Human Rights.

Merilyn Topacio Reynoso was killed in the attack, and Alex Reynoso remains in intensive care having been shot four times. Both father and daughter are activists in the Peaceful Resistance in Defense of Natural Resources of Mataquescuintla, Jalapa, which has organized in resistance to Tahoe Resources’ Escobal mine in neighboring San Rafael las Flores. Goldcorp holds 40% of Tahoe Resources’ shares, and the Escobal project is operated locally by Tahoe’s subsidiary, Minera San Rafael.

The Reynoso family has been at the forefront of the region-wide struggle in defense of the right to free, prior and informed consent, self-determination and human rights since the arrival of Tahoe Resources to the southeastern departments of Jalapa and Santa Rosa in 2010. Topacio was a leader of the Mataquescuintla youth movement against mining and an active and well-known human rights defender. Her father, Alex, is a community leader and key representative of the Peaceful Resistance in Defense of Natural Resources of Mataquescuintla, recognized for his role in the organization of the community consultation.

In November 2012, the municipality of Mataquescuintla held the first municipal referenda in the department of Jalapa, joining three other municipalities in Santa Rosa that have said ‘no’ to mining in their territory. In December 2013, the Constitutional Court found in favour of the vote in Mataquescuintla, acknowledging the responsibility that municipal authorities have to convene such votes and to make decisions according to their results. This affirmed their value as the “adequate means by which peoples may exercise their right to give their opinion and be consulted on topics of interest.” To date, there have been 14 community referenda in municipalities, towns and villages surrounding the Escobal project.

Six kilometers from the Escobal mine, the residents of Mataquescuintla continue to oppose any development of Tahoe’s project. But instead of respect for their right to self-determination and their repeated expressions of opposition to the project, the communities and municipalities surrounding the mine have been met with multiple acts of violence, intimidation and repression:
Since 2011, more than 100 individuals involved in mine resistance have had unfounded legal charges filed against them. 

On two occasions between March and May 2013, the police violently evicted a peaceful, legitimate and legally located encampment outside the mine.

In April 2013, Tahoe security guards attacked six peaceful protesters outside the mine; one was critically injured. Former head of security for Tahoe Resources, Alberto Rotondo, is under arrest awaiting trial for allegedly ordering the attack. He is facing charges for bodily harm and obstruction of justice. 

In May 2013, President Otto Pérez Molina declared a state of siege in four municipalities surrounding Tahoe’s project, including Mataquescuintla.

We are very concerned with the ongoing violence and persecution of human rights defenders and community leaders who oppose Tahoe’s mine project. It is important that the killing of Topacio Reynoso and the attack against Alex Reynoso not remain in impunity. We call for a full and impartial investigation by the Special Prosecutor's Office on Human Rights in order to ensure justice and to prevent further violence in the region. We also request that the investigation be transferred from the District Prosecutor of Jalapa to the of the Special Prosecutor's Office on Human Rights. We understand that Alex Reynoso is receiving police protection while he recovers from the attack. We call on the Ministry of the Interior to continue to coordinate with the Human Rights Ombudsmen Office to ensure the safety of Alex Reynoso and his family.

Many of the organizations that have signed this letter have deep and lasting relationships and/or commitments with the groups opposing Tahoe's mine. Many have recently visited the affected communities to meet with local leaders and human rights defenders. We recognize that violence, which occurs with disturbing frequency in and around mine sites in Guatemala, is also a serious global issue. Many of the below signatories are currently engaged in the “Open for Justice” campaign, which is calling for legislated access to justice in Canadian Courts for people who have been harmed by the international operations of Canadian companies.

We appreciate your time and consideration of this appeal and look forward to your response.

Signed:

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

Minister of Energy and Mines

Ing. Fernando Castellanos

General Director of Mining, Ministry of Energy and Mines

Ministry of the Interior

Michelle Melisa Martínez Kelly

Minister, Ministry of Environment and Natural Resources

US Embassy in Guatemala

Deputy Political-Economic Counselor, William Ayala

US Embassy in Guatemala

Political Affairs, Norman Galimba

Canadian Embassy in Guatemala

Ambassador, Stuart Savage

Canadian Embassy in Guatemala

Political Counsellor, Colleen Pigeon

Download the letter in English or Spanish.

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

Organizations in defense of territory denounce violence against their communities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12 Communities in Resistance from San Juan Sacatepéquez

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

Xinca Parliament

Indigenous, Peasant and Popular March

Coordination and National Convergence Maya Waqib’Kej

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

Sipakapa is still not for sale...

Neither are San Rafael Las Flores, Nueva Santa Rosa, Mataquescuintla, Jalapa nor Santa Rosa de Lima.

In 2005, the communities of Sipakapa carried out one of the first community consultations on mining in Guatemala, taking a stand against Canadian giant, Goldcorp Inc., and sparking a movement that has resulted in over 70 referenda throughout the country to date.

Communities opposing mining in their territory warn of environmental destruction, poisoned water sources and community division. Goldcorp's Marlin mine, which began extracting gold in 2005, has soundly delivered on all three of the concerns outlined by affected communities, while Tahoe Resources' Escobal mine, which began commercial production a month ago, seems poised to follow suite.

In addition to expanding the Marlin mine to include extraction from underground tunnels, Goldcorp and Guatemalan subsidiary EntreMares, have initiated development of a new open pit project named Los Chocoyos in neighboring Sipakapa. The Los Chocoyos license was granted in 2006 and renewed twice before the Environmental Impact Assessment was approved in February 2013, giving the go ahead for exploitation at the mining site. While Goldcorp lauds the municipal government of Sipakapa for its support of mining, the company fails to recognize that public opinion is divided and widespread opposition exists.

In May 2013, the Maya Sipakapense Council and over one thousand supporters gathered in front of the municipality to express their opposition to the municipal government's proposal to repeat the 2005 community consultation, which voted against mineral exploitation in their territory. In June, thousands marched to celebrate the eighth anniversary of their consultation. In September, hundreds of protesters temporarily blocked the Inter-American Highway to demand an end to Goldcorp's Marlin operations. A month later, community members gathered again to call on the mayor to respond to concerns previously presented by communities and to put an end to the municipal government's stigmatization of community leaders opposing mining. 

Community members gather in the municipal hall to commemorate the 8th
anniversary of the community consultation in Sipakapa (Photo SaraGuate)

Communities opposed to Goldcorp's Los Chocoyos project
 march in Sipakapa (Photo SaraGuate)

In December, representatives from the Maya Sipakapense Council and the Western People's Council (CPO) presented a legal action against the Director of the Ministry of Energy and Mines for violation of the right to free, prior and informed consent as outlined in ILO Convention 169 regarding Indigenous Peoples and supported by a 2011 ruling in Guatemala's Constitutional Court. 

“The Maya Sipakapense People will not allow more abuse and displacement. It is for these reasons that on December 11, 2013, we presented a Constitutional complaint... in order to achieve, in a legal and peaceful way, the annulment of the Los Chocoyos license and the immediate departure of the mining company.” - Press release Maya Sipakapense Council, January 14, 2014

In a political action intended to draw attention to the December legal complaint, thousands of protesters gathered on January 14 to express their opposition to Goldcorp's newest project. Community members from surrounding departments and municipalities, many of whom also oppose Goldcorp projects in their territory, joined the Sipakapense people, to form a peaceful march of an estimated 5,000 people. During the course of the day, a worker was taken into custody by those gathered as a pressure tactic. The police responded by apprehending two protesters. Shortly after, those captured on both sides were released.

Protesters in Pie de la Cuesta demand the suspension
 of Goldcorp's Los Chocoyos mine (Photo CPO)

Protests and marches are often considered a “last resort” by communities that have attempted for years to express their opposition to projects through legal actions and community referenda without results. One reason why protest has become so costly in Guatemala is that community leaders and human rights defenders at the forefront of movements in defense of territory are often slapped with unfounded legal suites filed by companies or their associates with the purpose of undermining and criminalizing social movements.

Not surprisingly, less than a month after the January march, 13 legal cases were filed in San Marcos against community members from Sipakapa for alleged criminal activities carried out on they day of the January 14 protest. The 13 community members include seven people from Pie de la Cuesta, the location of the Los Chocoyos project, the January 14 protest, as well as home to numerous members of the Maya Sipakapense Council. For many, the accusations come as a complete surprise, as they were in the neighboring municipality of San Miguel Ixtahuacán holding a press conference on the day of the protest.

As Goldcorp continues to expand, so does community opposition and increased social conflict. Tahoe Resources, a company made up of 40% Goldcorp investment shares and that has structured its management team around ex-Goldcorp employees, most importantly former Glamis Gold CEO Kevin McArthur, is unsurprisingly following in Goldcorp's shameful footsteps. Since Tahoe began the development of its Escobal silver mine in the department of Santa Rosa in southeastern Guatemala, the communities surrounding the project have experienced conflict, violence and massive criminalization of peaceful protest.

Santa Rosa de Lima No se vende - protest on February 14
against Tahoe Resources voluntary royalties (Photo Parlamento Xinca)

Tahoe Resources has brushed off community opposition by claiming that protesters are shipped in from neighboring municipalities who are unaffected by the silver project. The case of Sipakapa and the fact that Tahoe and Goldcorp mining concessions extend into the nearby municipalities of Jalapa, Santa Rosa de Lima and Nueva Santa Rosa, Casillas, Jutiapa and Mataquesquintla, clearly demonstrate that Tahoe will not stop at the Escobal mine. Sipakapa serves as an example that community opposition, despite setback and division, will not stop either.

With information from Breaking the Silence Network

NISGUA leads delegation with UUCA to Guatemala

 

UUCA delegates gather with NISGUA staff in Antigua.
All photos: David McTaggart

This past December, NISGUA organized and hosted a ten-day delegation with the Unitarian Universalist Church of Arlington (UUCA), home to NISGUA Sponsoring Community, Partners for Arlington and Guatemala (PAG). 
Twelve members of the UUCA congregation formed the delegation and traveled to Guatemala to see NISGUA's work up close and to hear directly from Guatemalan human rights defenders on the ground.

PAG combines strategic local action and advocacy in partnership with the Arlington immigrant community and supports and monitors human rights in Guatemala. PAG has supported over a dozen human rights accompaniers since becoming a NISGUA Sponsoring Community in 2006. In addition, PAG partners with the Jefferson Unitarian Church in Golden, Colorado to fundraise for the Guatemala Scholarship Program that benefits youth from families affected by the Maya Achí genocide.

The December delegation met with a total of 13 organizations, dozens of scholarship recipients as well as current NISGUA accompaniers.

One delegate reflected on her experience: "The biggest surprise of the trip was how much of a difference UUCA contributions have made both emotionally and politically…. We were brought to tears over and over as the people we met with greeted us with deep emotion."

 

UUCA delegates visited Guatemala City, Rabinal, San Rafael las Flores and Antigua.


After a short orientation in Guatemala City, the delegation started its journey of learning and exploration in Rabinal, Baja Verapaz. In coordination with the Association for the Holistic Development of the Victims of the Violence, Maya Achí (ADIVIMA) who runs the Guatemala Scholarship Program, delegates met with PAG's scholarship recipients. Students had the opportunity to publicly address the delegates and share how PAG's support has helped them in completing their studies. The ADIVIMA scholarship program commits to supporting recipients through the duration of their studies and a number of recently graduated students proudly shared their accomplishment with the delegates. The next day, delegates traveled to scholarship recipients’ homes to see the conditions and distance that students have to traverse in order to study.


Delegates were moved to tears by the show of gratitude from the students. As one delegate described: "Our group responded profoundly to the emotion showed by the students of ADIVIMA and their families, and to their hope, grit and determination."

UUCA delegates trek to scholarship recipient's homes in Rabinal.

Seeing student's homes gave delegates a better sense of the journey they make to school.


UUCA delegates had the special opportunity to meet with a NISGUA accompanier working in the Rabinal region alongside Maya Achí genocide survivors and members of the Association for Justice and Reconciliation (AJR). Upon returning to Guatemala City, UUCA delegates were able to directly connect with the AJR and hear about their recent victory in the historic genocide trial, as well as reflections on what drives and inspires their ongoing struggle for justice. UUCA is no stranger to the work of the AJR, in fact, they recently opened their church and homes to AJR President Anselmo Roldán Aguilar during NISGUA's fall tour. Providing another opportunity to deepen their relationship, the dinner with the AJR was a true highlight of the delegation.


We further connected UUCA to other areas of NISGUA's work with a visit to communities impacted by Tahoe Resources' Escobal silver mine in San Rafael las Flores.  Delegates met with the Committee in Defense of Life and Peace, made up of community members living closest to the mine site. Community members took delegates to see the project, highlighting the proximity of the mine to crops, water sources and homes. Delegates were further immersed in the issue, with a visit to Santa Rosa de Lima to share with the Catholic Church organization, CODIDENA, responsible for organizing and promoting the community consultation process of 2011 and the ongoing peaceful resistance to the Escobal mine. UUCA and CODIDENA strongly connected through their shared sense of faith and commitment to justice.

Delegates observed the Escobal mine, owned by Tahoe Resources, in San Rafael las Flores.


In addition to  information gathering and relationship building, UUCA delegates took strategic action, meeting with the US embassy and making plans to follow-up on their observations post-delegation. The embassy visit gave delegates the opportunity to express concern around human rights issues revealed throughout the trip - increased militarization, rising repression against communities defending territory and the denial of justice in the genocide case. The meeting laid the groundwork for further sessions, action planning and continued monitoring of the human rights situation upon returning to Arlington.

All twelve delegates made personal commitments to share their experiences in Guatemala with their congregation and community. In fact, UUCA devoted time during its January 5 service for delegates to talk about their trip to Guatemala and share what the thousands of other members of the church could not see. Delegates returned to the US with a truly renewed commitment and inspiration to continue their support for justice in Guatemala.

NISGUA plans to begin outreach for a 2015 delegation later this year and will continue to support groups visiting Guatemala.

Tahoe Resources on the defense as opposition to the Escobal mine gains ground

While community opposition to Tahoe Resources’ Escobal project grows and wins support from the Constitutional Court, the company remains on the defense trying to convince investors that it enjoys “strong local community support.” However, the record of local votes in neighboring communities and municipalities, betrays a different reality. 

More than half of the communities in the municipality of San Rafael Las Flores, where Tahoe’s Escobal mine is located, have declared opposition to the project. Likewise, thousands of people in the five municipalities closest to San Rafael, in the departments of Santa Rosa and Jalapa, have voted against the mine in municipal referenda. The most recent local vote took place on November 10^th in the municipality of Jalapa, department of Jalapa. A total of 23,152 people participated, with 98.29% voting against the mine and 1.71% in favor.

In early December, communities demanding the right to consultation throughout Guatemala celebrated an important victory when the Constitutional Court (CC) ruled in favor of such a referendum, determining that a vote carried out in Mataquescuintla, Jalapa in November, 2012 was legal. The decision provides support to votes carried out by municipal authorities and underlines the responsibility of the local government in promoting these processes.

In its decision, the Constitutional Court stated: "The popular referenda are important mechanisms to guarantee fundamental rights and are a clear expression of a democratic framework. The residents of the municipalities have the right to express themselves with regard to the use, enjoyment and benefits from the natural resources found within the territory of their municipality."

All five referenda in Santa Rosa and Jalapa held during the past two years regarding the Escobal mine were municipally convened votes.

Community member from Santa Rosa protests Escobal 
mine outside Constitutional Court (Photo: CPR Urbana)

For communities opposing the Escobal project, the CC decision validates the legality and legitimacy of their referenda. A leader from Mataquescuintla remarked on the importance of the decision saying, "It is one more point in favor of those of us who are against the mine. We have to decide how to move forward from here because the company is invading our territory."

Municipal governments, however, do not organize all referenda on large-scale development projects carried out in Guatemala. Some referenda are organized and overseen by indigenous authorities without the support of the local municipal government. While the CC ruling sets an important legal precedent in the struggle for the right to consultation, the granting of concessions is still ultimately the decision of the central government and the Ministry of Energy and Mines.

 Communities stand up against criminalization and persecution

During the last year, more than 70 legal processes have been issued against individuals peacefully resisting Tahoe's Escobal mine. Almost all of them have been absolved of charges, 12 in recent weeks. Only two cases are outstanding. 

On November 21, a Guatemalan judge ruled against further legal action in the case involving five individuals who were arrested and imprisoned more than six months ago for alleged crimes related to their opposition to Tahoe's Escobal mine. One week later, on November 28, arrest warrants were dropped against seven others also accused in the same case. 

The arrest warrants for all twelve people released in November were issued on May 2, 2013, the same day the Guatemalan government declared a state of siege in four municipalities surrounding Tahoe's Escobal mine. The imposition of martial law created terror among the population peacefully defending their right to consultation and ramped up the ongoing criminalization against human rights defenders.

Among the accused and imprisoned during the state of siege were key leaders in the organized community resistance to the Escobal project. Teresa Muñoz, an outspoken leader in defense of territory, was forced to flee into the mountains when the military came to her home.  

Muñoz, a community leader from Jalapa shared: "We are in peaceful resistance, fighting for life and nature, despite knowing what the risks are... the mine security, with support from the government, is almost always there, pointing guns at our heads while our hands are empty. We know that if we lose our life, we fought for something that was worth while." 

Meanwhile, the head of security for Tahoe’s mine at the time of these arrests, Alberto Rotondo, awaits trial for alleged involvement in a shooting on April 27 that injured six. Despite being arrested at Guatemala's international airport while attempting to leave the country, Rotondo was granted house arrest. The priviledge granted to the former Tahoe employee provides a stark contrast to community members who spent over six months in preventative prison only to have all charges against them dropped. 

Support community resistance to the Escobal mine by echoing their voices internationally: Take Action! Write Kevin McArthur, President of Tahoe Resources, to demand the company respect communities' right to self-determination and leave Guatemala!

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