A corruption scandal, a new Vice President and the largest mass mobilization in Guatemala’s recent history

Tens of thousands gather in Guatemala's central park to demand an end to impunity
and corruption. Photo credit: SkyCam Guatemala

A crime ring that defrauded the Guatemalan national tax collection agency (SAT) and customs office, and implicated high-level authorities in different government institutions all the way up to Vice President Roxana Baldetti’s private secretary, was dismantled on April 16th with the arrests of 22 people. Guatemala’s Public Prosecutor’s Office and the International Commission Against Impunity in Guatemala (CICIG) carried out the joint investigation, which immediately sparked massive and ongoing public protest and political crisis. The VP’s private secretary, Juan Carlos Monzón Rojas, is still at large.

While the investigation into the criminal network known as “La Linea”, has yet to explicitly name Vice President Baldetti, suspicions of her involvement in criminal activity were immediately raised after the arrest warrant for Monzón was issued while he was traveling with the VP in South Korea. Baldetti lied publically about her return to Guatemala from said trip and Monzón has been on the run ever since. On May 8th, after popular protests the size of which had not been seen in recent Guatemalan history and pressure from the powerful economic sector CACIF, Vice President Baldetti resigned. With resignation also comes the end of immunity for Baldetti, opening the doors to a full investigation into her involvement in the corruption case. 

The layers of corruption exposed by this investigation continue to unfold and have resulted in the arrest of three lawyers representing members of “La Linea” who are accused of influencing judicial authorities in order to guarantee impunity for their clients. For more information and analysis, see InSight Crime article “Guatemala Corruption Scandal Leads Investigators to Judicial Corruption” or from The Guardian, “Guatemala on brink of crisis after vice-president falls to corruption scandal”.

Reverberations of the “La Linea” corruption scandal have also been felt in other cases, including the April 30th request by the CICIG and Guatemalan Public Prosecutor’s office to withdraw Judge Carol Patricia Flores’ immunity from prosecution. Flores, whose rulings led to the current quagmire of Guatemala’s genocide case against Efraín Ríos Montt and José Mauricio Rodríguez Sánchez, is being investigated for money laundering, illicit enrichment and other crimes. Also caught up in the fallout of the current political crisis is head of the Ministry of Energy and Mines, Erick Archila, who resigned on May 15th. Archila is facing allegations of corruption, money laundering and anomalies in the granting of government contracts and is under investigation for his handling of contracts for the proposed Xalalá dam project. 

Guatemala's new Vice President: An old face from the extreme right

A little over a month after the scandal broke, Guatemala now has a new Vice President. President Pérez Molina, tasked with submitting a slate of three candidates to Congress, struggled to put together his list after two proposed candidates withdrew. In the end, Héctor Alejandro Baltazar Maldonado Aguirre was the last candidate to be added to the list and was approved by Congress. Maldonado Aguirre is not a new figure in Guatemalan politics, rather has a long history of representing the extreme right – a founder of the Movimiento de Liberación Nacional or the National Liberation Movement (MLN), a political party known for promoting organized violence and death squadrons during the 1960s-70s.

From there, Maldonado Aguirre went on to serve as the Guatemalan representative to the United Nations during the military government of Romeo Lucas García during which time the Guatemalan government worked hard to convince the international community that it was not participating in massive human rights violations. Maldonado Aguirre was later the Minister of Education during the military government of Carlos Arana Osorio and ran for president in 1982 as a candidate for the National Renewal Party, a slightly less extreme version of the MLN. He was finally elected as a member of the Constitutional Court in 1986-1991, returning again to the position in 2006 and reelected to the Court by Congress once more in 2011. 

According to Gustavo Illescas of Guatemalan Independent Media (CMI-G), “Thanks to his discursive capacity to present the ideas of the extreme right in a moderate way, Maldonado Aguirre has been called upon in various moments of his life to deflect the tensions that have been provoked by the violent actions of the State and during the political crises that develop as a result.” 

In Guatemala, these violent actions and political crises have often revolved around crimes committed during the internal armed conflict and the unwavering effort to bring those responsible to justice. Examples of Maldonado Aguirre's role as a “Fire extinguisher of Justice” are outlined in an article by CMI-G and include: delaying investigations for one year in the case for the 1998 murder of Archbishop Gerardi in order to protect Byron Lima Oliva, a member of the Presidential General Staff (EMP, Estado Mayor Presidential) and authoring the judicial resolution that allowed former General Efraín Ríos Montt to avoid extradition to Spain where he would have been tried for genocide and terrorism. 

After being reelected to the Constitutional Court again in 2011, Maldonado Aguirre played a key role in yet three more extremely controversial decisions, decisions that have had very real consequences on access to justice and the future of judicial independence in the country. First, voting to annul the historic genocide sentence in May 2013 and one year later, voting for the early removal of Attorney General Claudia Paz y Paz from her position. Finally in November 2014, Maldonado Aguirre voted to approve a judicial nomination process that was plagued with anomalies, in which both the CICIG and the US Embassy expressed serious concern about the trafficking of influences and the impartiality of the process. 

“Maldonado resolves crisis for the right. This is his trump card. In order to have been chosen [as Vice President] he had to have the approval of the US Embassy and of CACIF, and even though it means conservative groups are left without an important player inside the Constitutional Court, he will play an important role in the coming months of this crisis. It is doubtful, however, that this decision will be enough to deflate the protests programmed in various parts of the country for Saturday the 16th or to diminish the feeling of indignation that is blooming toward #OtraGuatemalaYa - #AnotherGuatemalaNow.” Gustavo Illescas, CMI-G.

A new Guatemalan Spring?

The series of protests sparked by the corruption scandal have been a spontaneous and massive expression of frustration in the capital and other parts of the country. Prior to the #RenunciaYa (Resignation Now) protests, the largest scale protests in recent years have been undertaken by indigenous and campesino groups and have lacked participation from the urban population. The first protest on April 25th took place in Guatemala City immediately following the announcement of the “La Linea” arrests, and it was estimated that between 15-25,000 people participated. This action was quickly followed by #RenunciaYa demands added to the traditional May Day marches, with another protest following on May 2nd. 

Sundown approaching and #Guatemala #RenunciaYa protestors continue to arrive pic.twitter.com/JeH4KG8h2e

— NISGUA (@NISGUA_Guate) May 16, 2015

The protest on Saturday, May 16th, was the largest popular protest in recent Guatemala history, with estimates ranging between 30-50,000 people in the capital alone. Protests also took place in at least 15 other Guatemalan cities, with reports of numerous international protests by the Guatemalan diaspora. These leaderless, popular protests have been compared to those of the “Guatemalan Spring”; massive popular mobilizations that took place during the resignations of military dictator Jorge Ubico and the subsequent de facto military government, and led to Guatemala’s first democratically elected governments of Juan José Arevalo and Jacobo Guzman Arbenz. 

It remains to be seen where the current wave of mobilization will land given the diversity of participation and demands, which range from accountability for corruption to total transformation of the political system of the country. What we know is that for the first in recent history, a wide swath of sectors that include business, academic and student, indigenous and campesino, human rights groups, as well as unaffiliated urban youth and citizenry, have come together to express outrage and desire for change. With information from Gustavo Illescas and Guatemala Independent Media (CMI-G)

Click here for more photos or here for a video from the May 16th protest.

UPDATES:  

May 20: Former private secretary to President Molina arrested in separate corruption scandal

In another joint CICIG/Public Prosecutor corruption investigation unveiled another scandal involving the national health system (IGSS in Spanish). So far, 17 high level functionaries, including the President of IGSS Juan de Dios Rodríguez, have been arrested. Rodríguez was Otto Peréz Molina's private secretary until the President nominated him to the IGSS position in 2013. 

Also arrested was the President of Guatemala's National Bank, Julio Roberto Suárez Guerra. Those implicated are believed to have defrauded the national health system of 116 million Quetzals, or roughly 15 million dollars through the granting of illegal contracts for treatments related to liver failure. The fraud ring is accused of negligence in the death of at least seven patients, according to complaints filed by Guatemala's Human Rights Ombudsman. 

May 21: Minister of the Interior, Mauricio López Bonilla resigns

One of President Otto Peréz Molina's most trusted cabinet members, Minister of the Interior, Mauricio López Bonilla, resigned this morning. Four additional members of the President's cabinet have also resigned, including Vice Minister of the Interior, Edy Juárez; the Minister of the Environment, Michelle Martínez; and the head of the Strategic Intelligence office, Ulises Anzueto (previously Peréz Molina's Minister of Defense), and the recently named Minister of Energy and Mines.

Bonilla, unike President Molina, has not been the specific target of calls for resignation, nor has he been so far connected to the numerous corruption scandals uncovered by the joint CICIG/Public Prosecutor investigations. His abrupt departure raises questions about the reasons behind the decision and what his future role may be in an increasingly uncertain political context moving toward national elections later this year.  

Uncertainty around the Xalalá Hydroelectric Project

Posted on February 28, 2015 by ACOGUATE

Translation by NISGUA

On November 7, 2013, the National Electrification Institute (Instituto Nacional de Electrificación, INDE) signed an Emergency Purchase contract with the Brazilian company Intertechne Consultores, S.A. to conduct the geotechnical, seismic, geological and geophysical feasibility studies for the Xalalá dam, without informing and consulting the affected communities. More than a year later, affected communities organized through the Association of Communities for Development, Defense of Territory and Natural Resources (ACODET) are still waiting for the decision of the Constitutional Court on the irregularities of the contract and the lack of consent.

Photo credit: ACOGUATE archive

Even though the company was unable to begin their groundwork during 2014, tension in the region has increased. On December 12, the Ministry of Energy and Mines declared it would no longer be actively pushing the Xalalá project forward during the current administration, however communities remain concerned about its continued development. ACOGUATE has accompanied ACODET since 2007 and accompanied consultations in the Ixcán and Uspantán in 2007 and 2010.

Legal action against irregularities within the contract and the right to be consulted
The Xalalá dam is currently the largest planned hydroelectric project in Guatemala. With a generating capacity of 181 megawatts, if built, the dam would be the second most powerful in the country after the Chixoy dam. It is estimated to directly affect 58 communities in the region.  The contract signed between INDE and Intertechne Consultores, S.A. on November 7, 2013 is for a period of 12 months,  and is now being questioned due to irregularities in the contract.

On April 10, 2014, the office of the General Comptroller (Contraloría General de Cuentas, CGC) filed a legal complaint against 12 members of the INDE board of directors, noting irregularities in contracting the Brazilian company to conduct the feasibility studies of the Xalalá dam - a contract valued at Q40.8 million.  According to the General Comptroller, Nora Segura: "It is clear that the adjudication process of the feasibility study was not transparent. There are many irregularities and neither the law nor the internal process of INDE were respected, much less the government procurement law, which is why a criminal complaint was filed.”  In particular, the CGC called attention to three irregularities, stating that they infringed upon government procurement law:

• INDE hired Intertechne directly without going through the public bidding process of GUATECOMPRAS, claiming a national emergency,
• INDE paid an advance that was 20% higher than the maximum allowed for the contract, and
• At the time of signing the contract, the Brazilian company did not have headquarters in Guatemala but instead, established a subsidiary company 60 days later.  

A month later, Amilcar Pop, the President of the Congressional Committee on Integrity (CGC), filed a complaint against members of the INDE board of directors - including Minister of Energy and Mines Erick Archila, former INDE Manager Marinus Boer, and INDE Project Manager Widthmark Estrada - for fraud, abuse of authority, embezzlement and failure to report to the Office of Administrative Offences of the Public Prosecutor's Office.  Amilcar Pop found that the contracting process was set out to directly benefit Intertechne. Alongside the CGC, Amilcar Pop found that the lack of offers from interested companies to conduct the feasibility study - leading to the eventual abandoning of the study in March 2013 - was likely due to INDE's requirement that each company pay $10,000 US just for the right to participate in the bidding process. According to Amilcar Pop: "While complying with legal requirements, that condition was put in place to guarantee that no one would participate and therefore, demonstrate the need to award the contract without any competition."

Even President Otto Peréz Molina gave contradictory answers regarding the irregularities. He called for the resignation of INDE’s manager, Marius Boer, who retired a week before being called to present before Congress.  On April 10, Otto Peréz Molina publicly stated that he was in agreement with the cancellation of the contract. He changed his discourse three days later, however, when he said that the feasibility study for the Xalalá hydroelectric dam was of national priority,  and therefore, INDE was exempt from following the Law of Contracts and Purchasing and instead, needed only to follow its own internal decision-making procedures.  Since the start of the project, the government has stated on several occasions that Xalalá is a priority and that feasibility studies would be carried out during Molina's administration. It was not until December 12, 2014 that the Minister of Energy and Mines stated the administration would not actively push the Xalalá project forward, feasibility studies would continue despite ongoing opposition and it would be the next administration which would make a decision.

Photo credit: ACOGUATE archive

The Supreme Court denied the preliminary hearings requested to contract Intertechne. The Attorney General's Office declared itself unfit to rule on the impacts of the contract, arguing that the Office could not intervene in the activities of an autonomous institution like INDE.  On June 12, 2014, affected communities represented by ancestral authorities of the Xalalá and Las Margaritas Copón communities filed an injunction against the irregularities of the INDE contract and Intertechne. On July 22, ancestral authorities went before the Procedural Complaints Court and with legal support from Maya Lawyers and third-party support from Congressman Amílcar Pop, argued the illegality of Intertechne’s contracting process. They also presented arguments around the lack of consultation with the communities before the contract was signed, effectively ignoring the results of the community consultations in the municipalities of Ixcán in 2007 and Uspantán in 2010.  INDE failed to appear at the public hearing.

In its decision, the Court declared the injunction to be of partial merit and recognized the lack of prior and informed consultation with the communities by INDE. However, the Court did not annul the contract, stating that it would be the responsibility of the Public Prosecutor's Office, who defended the contract at the public hearing. In addition, the Court's ruling requested that impacted communities participate in the study, which was subsequently appealed by ancestral authorities, the Congressional Committee on Integrity, and INDE.

In its second public hearing on October 8, 2014 in the Constitutional Court, INDE argued that they did in fact consult communities, presenting the "right to passage" signed by various Community Development Councils (COCODEs) in the region as evidence. However, the ancestral authorities insisted that no consultation process took place and that INDE only came to communities to offer development projects, which cannot replace consultation in accordance with national and international law. Likewise, the chairman of the Congressional Committee on Integrity argued that, "These rights were not respected in the least, and [the contract] threatenes the constitutional right of the Guatemalan people, as outlined in Articles 58, 66 and 67 of the Constitution, where the rights of indigenous peoples are recognized."  He also noted there were already two feasibility studies made in the 1970s, which showed the soil in the region where the dam would be built is too sandy, making it unfit to withstand the planned Xalalá construction. In addition, this puts into question the justification of a new feasibility study, with a demonstrated lack of transparency on part of INDE in relation to the project. A decision on the injunction is still pending from the Constitutional Court.

Strong Impact on Affected Communities

During 2014, tension in communities affected by the Xalalá project increased, leading to divisions within and among communities that have differing opinions on the dam's construction. Although Intertechne has not appeared in the area, affected communities have claimed that INDE and the Ministry of Planning and Programming (SEGEPLAN) have tried to convince people by coopting leaders and COCODEs, conditioning rural electrification on the acceptance of the dam, as well as offering development projects outlined in the "Immediate Action Plan 2013-2014 Xalalá - Investment for Development." Affected communities organized within ACODET have also suffered heavy pressure, militarization and defamation. Community leaders feel greater concern since the signing of the contract in November 2013. As one community member states: "How can one live when under constant threat?"

According to Amnesty International, there has been an increase in military presence in various locations in Guatemala under the current government, especially in regions with a high percentage of indigenous peoples and strong opposition to megaprojects. This militarization is justified through defamation and criminalization, where leaders are accused of being terrorists or drug traffickers.  The army arrived twice in the region in 2014. On February 25, a military and police convoy arrived at the entrance of the Q'eqch'i communities of Las Margaritas Copón and Xalalá, allegedly due to a complaint about the suspected presence of drug traffickers in the Xalalá community.  Yet no one from the community of Xalalá had registered the complaint.  Nevertheless, several news outlets had already circulated the announcement made by the Minister of the Interior about the presence of drug traffickers in Xalalá, linking communities directly with drug trafficking; Prensa Libre tweeted: "An armed command pressures the population of Xalalá, Ixcán, Quiché to get involved in drug trafficking.”

Photo credit: ACOGUATE archive

Given these circumstances, ACODET believes this to be the continuation of a governmental strategy to impose the construction of the Xalalá project: “Under these circumstances, we understand that the government is trying to terrorize our communities, discredit our struggle against the imposition of the Xalalá dam and justify the presence of military troops in our territory."  Two months later on May 5, military and police convoys returned to the neighboring community, Copalá la Esperanza, in the municipality of Cobán, Alta Verapaz. They arrived in the community in the morning, without warning and armed with machine guns,  explaining that the purpose of their presence was to patrol the area and to cross the river. Since Copalá is a community of returned refugees who fled during the internal armed conflict, the unexpected arrival of the army caused much concern and fear among the community. Community members stated:

"The presence of the military in our community without our consent causes us great concern, as they came heavily armed as if they were coming to wage war against us while we are in times of peace. Their presence causes fear, despair, and reminds us of the traumas inflicted during the internal armed conflict. They turned us into victims of war and we continue to be victimized by the threats their presence brings to our territory; just seeing them causes panic..." 

Concern for the Violation of Fundamental Rights

Reacting to the two military incursions, communities of ACODET cite Article 30 of the Declaration of the United Nations on the Rights of Indigenous Peoples: "No military activities will take place in the lands or territories of indigenous peoples...”  They affirm that entering without consent into their communities violates their right to self-determination, their territory and their ancestral authorities –rights guaranteed by various international treaties. They demand that this type of activity not be repeated.  “There is concern among communities that INDE could enter by force to conduct the studies. Communities live under constant tension, wondering how and when they might enter. Given the violent evictions by the police in 2014 in other parts of the country such as in La Puya and Monte Olivo, the community leaders of ACODET are worried they could face a similar situation.
The Office of the Human Rights Ombudsman (PDH) also expressed its concern about the situation in May 2014: "With the [construction of] the Xalalá dam, three fundamental rights are being violated: the right to life, to live in a healthy environment and the right to health."  On several occasions, leaders and social organizations in the region who oppose the dam have been slandered by local and national actors.

Communities threatened by the construction of the dam have filed complaints with human rights organizations about the use of the Rural Electrification Project Las Copones (Proyecto de Electrificación Rural Los Copones) to carry out the Xalalá project. It has also been reported that INDE geologists have enterred communities by using the legitimate request for bringing electricity to the communities as a substitute for free, prior and informed consent. This action has caused division and confrontations within communities.  At a meeting held in Ascension Copón, Uspantán in December 2013, shortly after signing the contract with Intertechne, senior staff of INDE (Manager Marinus Boer and Project Development Manager Widthmark Estrada) agreed to begin the feasibility studies for the electrification of nine communities.  However, there has still been no progress made in electrification.

In the same manner, humanitarian aid has been conditioned. In March 2014, Uspantán Mayor Victor Hugo Figueroa conditioned material support and equipment to open up roads after heavy landslides in the Zona Reina, Uspantán, in exchange for the acceptance of the presence of INDE engineers who were to perform the technical studies needed to advance rural electrification.  [In the landslides], 27 families of the community of Playitas Copón lost their homes, their livestock and crops and had to take refuge in neighboring communities, where they lived under plastic tents without access to potable water or plumbing.  Since the communities did not accept these conditions, the mayor delayed the road repairs and waited until seven months later - in October - to deliver rooftops and food.

Due to the lack of official information since 2007 on the possible impact of the dam construction, ACODET has requested meetings with relevant state authorities.  In January 2014, the project development manager of INDE began to talk about a design change for the dam, stating that instead of a large hydroelectric dam, there could be several medium-sized ones on both tributaries (Chixoy and Copón. He subsequently argued that the concerns of affected communities are disproportionate to possible damages.

It is important to note that a meeting was held on November 13, 2013, in San Juan Chactelá, Ixcán, between representatives of INDE and communities from Ixcán, Uspantán and Coban who will be directly or indirectly affected by the construction of the dam. At the meeting, INDE failed to mention that the contract with Intertechne had already been signed six days prior.  The International Mission of FIAN, CIFCA, CIDSE and APRODEV that visited two communities of the region in November 2014 found that, "communities do not have adequate information and have not been adequately consulted," and reminded "the state of its responsibility to provide accurate, complete and objective information on topics of interest to the community."  According to Article 169 of the International Labor Organization (ILO), ratified by Guatemala in 1996, the state has an obligation to "consult the affected people using appropriate procedures, particularly through their representative institutions, whenever carrying out legislative or administrative activities that may directly affect them."

For a complete list of sources, please see the original article on the ACOGUATE blog.

NISGUA Fall Tour 2014

FULL ITINERARY:

SEATTLE, WA.; OCTOBER 2-6

Area Contact Phil Neff: phil.neff@gmail.com

OCTOBER 2

Seattle University, 1:30-2:30pm

901 12th Avenue

Bannan Building, Room 102

Seattle, WA 98122

Traditions Fair Trade Café; 7-8:30pm

$5-15 Sliding Donation

300 5^th Avenue SW

Olympia, WA 98501

OCTOBER 3
Duwamish Longhouse & Cultural Center, 5:00pm

With Special Guest: Ken Workman of the Duwamish Tribal Council

$5-15 Sliding Donation

4705 W Marginal Way SW

Seattle, WA 98106

OCTOBER 4

KEXP Radio Interview, 7:15-8:00am

Black Coffee Café; 1:30 - 3:30pm
Cosponsored by Rising Tide Seattle with Sweetwater Nannauck of Idle No More Washington

501 E Pine Street

Seattle, WA

St. Leo's Church Community Event; 6:15-7:45pm
710 S 13th Street
Tacoma, WA

OCTOBER 5

Rest

OCTOBER 6
University of Puget Sound, 12:30pm

Murray Board Room

Wheelock Center

University of Washington, 5:00pm

Allen Auditorium

482 Allen Library

Seattle, WA 98195

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PORTLAND, OR.; OCTOBER 7-8

OCTOBER 7

Lunchtime Talk with Lewis and Clark Law, 12-1pm
Sponsored by the Environmental Justice Advocates at Lewis and Clark Law School

10015 SW Terwilliger Blvd.

Portland, OR 97219

Contact: Jonathan Ostar – jon@opalpdx.org

Buscando America, Radio Program on KBOO Community Radio, 1:10-2:00pm
Listen live at kboo.fm or in Portland, OR at 90.7fm

Community event with American Friends Service Committee, 3:00pm

Multnomah Meeting House

4312 SE Stark Street

Portland, OR 97215

Contact: Pedro Sosa – psosa@afsc.org

Community event with OPAL - Environmental Justice Oregon, 6:00pm

2407 SE 49th Ave. (corner of Division St.)

Portland, OR 97206

Contact: Jonathan Ostar –  jon@opalpdx.org

OCTOBER 8
Portland Community College SE Campus, 11:00am-12:00pm and 12:00-1:00pm

2305 SE 82nd Avenue

Mt. Tabor Hall
Portland, OR 97216

Contact: Kathleen Holloway; khollowa@pcc.edu

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SAN FRANCISCO BAY AREA,  CA.; OCTOBER 9-13

Area Contact: Megan Whelan; megan@nisgua.org

 
OCTOBER 9
City College of San Francisco, 10:30am

1125 Valencia Street, Room 109

San Francisco, CA

San Francisco State University, 2:00pm

1630 Holloway Avenue; Library Room 121

San Francisco, CA

OCTOBER 10

Santa Clara University, 11:45am

500 El Camino Real

Recital Hall (1^st floor in the Music & Dance Facility)

Campus Map: http://www.scu.edu/map/73/

Santa Clara, CA 95053

California Institute for Integral Studies, 7:00pm

1453 Mission Street

San Francisco, CA 94103

OCTOBER 12
Community event at the Mexican Heritage Plaza 10:00am
Sponsored by New Fire, The School for Arts and Culture and Teatro Visión

Lobby Meeting Room

1700 Alum Rock Avenue

San Jose, CA 95116

Indigenous Peoples Day Forum on Resistance and Resilience in the Face of Displacement; 4:30pm

Sponsored by: GABRIELA SF; Movement Generation; New Fire; APEN; AROC

Good Samaritan Family Resource Center

1294 Potrero Avenue

 San Francisco, CA 94110

OCTOBER 13

Indigenous People’s Day Sunrise Ceremony; 5:30am

Alcatraz Island

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WASHINGTON, D.C.; OCTOBER 14-15

OCTOBER 14

Brown Bag Lunch Presentation at the Center for International Environmental Law, 12:00pm

1350 Connecticut Ave NW Suite 1100

Washington, DC 20036
Contact: Amanda Kistler: akistler@ciel.org

OCTOBER 15

Howard University School of Law, 12:00pm

Pauline Murray Conference Room
2900 Van Ness Street NW
Washington, DC 20008
Contact:  profsimms@earthlink.net

UUCA/PAG event, 7:00pm

4444 Arlington Boulevard

Arlington, VA 22204

Contact: Erin Fitzgerald; erin.lynn.fitzgerald@comcast.net

Comunidades de Santa Rosa y Jalapa lanzan campaña contra la expansión de Tahoe Resources

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Comunicado de Prensa: Comunidades Organizadas en Defensa del Territorio y la Naturaleza de Santa Rosa y Jalapa

Valla anti-minera ubicada en Mataquescuintla, Jalapa. Photo NISGUA

Desde el año 2012 a la fecha, en nuestros municipios se han realizado Consultas Municipales a Solicitud de Vecinos, en las cuales más de 53 mil vecinas y vecinos, todos ciudadanos en legitimo ejercicio de nuestros derechos ciudadanos, hemos manifestado de manera legal, que NO ESTAMOS DE ACUERDO, con la actividad de minería química de metales, en ninguna parte de nuestro territorio. Estas consultas han sido declaradas constitucionalmente legales y vinculantes a nivel municipal, según resoluciones de la Corte de Constitucionalidad.

A pesar del claro rechazo a la minería química de metales en nuestro territorio, en complicidad con el Gobierno la Empresa Minera San Rafael, continúa con acciones enfocadas en entrar en nuestros municipios de manera solapada, a sabiendas que lo único que logran con ello es generar alta conflictividad y alteración de la paz social y la tranquilidad comunitaria. Una prueba clara de ello, es el otorgamiento de la licencias de exploración denominadas Juan Bosco y Andrés a penas en el primer cuatrimestre del 2,012 que afectan municipios de Santa Rosa, Jalapa y de Guatemala. Actualmente a pesar de la evidente oposición de nuestras comunidades el Ministerio de Ambiente y Recursos Naturales ha puesto ya a la vista el estudio de impacto ambiental 2014-EAI-4413 PROYECTO DE EXPLOTACION MINERA JUAN BOSCO LEXR-089-08, lo cual es un irrespeto a la clara voluntad del pueblo.

Según la presentación e información brindada a sus accionistas el pasado mes de junio, en Vancouver, Canadá Tahoe Resources Inc. Dueña de Minera San Rafael, S.A. pretenden explotar en nuestro territorio al menos 12 vetas de minerales, tales como oro, plata, zinc, etc. En un área de 2,498 kilómetros cuadrados a través de varias licencias, que ya han obtenido y otras que aun se encuentran en trámite, sin embargo venden a inversionistas este proyecto como si ya hubieran obtenido las tierras, argumentando que actualmente hay un gobierno pro-minero y que en Guatemala se paga una bajísima tasa de impuestos convirtiéndose en un negocio redondo, para ellos.

Ante esta grave situación, las comunidades que a través de la Consultas Municipales a solicitud de Vecinos y Consultas de Buena fé, hemos manifestado que no queremos minería química de metales en nuestros territorios, estamos hoy lanzando una campaña que busca dejar claro tanto a este Gobierno entreguista y pro-minero, como a las empresas mineras y sus accionistas que nuestra tierra no está en venta, que tenemos un modelo de desarrollo amigable con el ambiente y la madre tierra, que para nosotros el agua y la vida vale más, mucho más que la plata y el oro.

Por ello a lo largo de más de 100 kilómetros de carretera hemos colocado vallas en nuestros municipios, para que quienes entren en nuestros territorios, sepan que más del 98% de los vecinos no queremos minería química de metales y estamos en una constante resistencia pacífica en contra de estos proyectos.

Guatemala agosto de 2,014.

Lawsuit Against Tahoe Resources a Wake Up Call for Investors and Canadians

Source:  MiningWatch Canada - Network in Solidarity with the People of Guatemala (NISGUA) - Maritimes-Guatemala Breaking the Silence Network  

June 18, 2014

(Ottawa/Tatamagouche/Guatemala City) A civil lawsuit filed today in Vancouver against Tahoe Resources for negligence and battery in connection with a shooting at the company’s silver project in Guatemala sends a strong message to investors and all Canadians.

Victims and legal team in Guatemala. Photo: Giles Clarke

Seven victims of a shooting allegedly ordered by Tahoe Resources’ former head of security, Alberto Rotondo, are suing the company for punitive damages. Rotondo is an ex-naval officer from Peru who was indicted in Guatemala on charges related to this attack in May 2013. The Canadian lawsuit represents one of numerous abuses in connection with Tahoe's only asset, which was rushed into production in January 2014 despite strong community opposition.

Violence and repression has marked the development of Tahoe Resources’ Escobal silver project in southeast Guatemala.

“Repression against community leaders involved in organizing local referenda and peaceful protests in opposition to Tahoe’s mine dates back to 2011. Some 90 individuals have faced spurious legal persecution and, in May 2013, a military state of siege was declared in the area surrounding the mine creating a climate of fear and intimidation in order to quash local opposition,” observes Ellen Moore for the Network in Solidarity with the People of Guatemala (NISGUA).

Tens of thousands have voted against mining in San Rafael Las Flores, where Tahoe currently operates, and in the immediately surrounding municipalities where the company hopes to carry out further exploration.

The widespread opposition is motivated by concerns over the current and future impacts of Tahoe’s operations on local water supplies, as well as community health and agricultural activities. Tahoe’s mine is only two kilometres from the central park in San Rafael Las Flores and mere metres from homes and livestock. 

“This is a company with a troubled history in Guatemala, which should be a cause of concern to Canadians and all investors,” remarks Jackie McVicar from the Maritimes-Guatemala Breaking the Silence Network. “Tahoe Resources is a spin-off company from Vancouver-based Goldcorp, whose Marlin mine in Guatemala’s northwestern highlands has been a source of strife and ongoing Indigenous and human rights violations during the last decade.”

Goldcorp holds 40% of the shares in Tahoe Resources and six of the company’s eight Directors have past or current ties to the gold mining mammoth. Most Canadians are also invested in Tahoe Resources through the Canada Pension Plan, which reported holding CAD $49 million in shares as of March 31, 2014. 

Notably, when Guatemalans sued another Canadian mining company, HudBay Minerals, the company ended up selling off its Fénix nickel project to a Russian firm at a quarter of the price for which it had purchased it. The three lawsuits for the shooting murder of a land rights activist, gang rape of 11 Maya Q’eqchi’ women and shooting paralysis of a young man are ongoing in Ontario courts.

“The abuses for which Tahoe is being sued are just the tip of the iceberg in terms of rampant violations in connection with Canadian mining operations in Guatemala and across the region,” comments Jen Moore for MiningWatch Canada. “This lawsuit should alert Canadians to a much deeper problem with this industry that Canadian authorities are unconditionally promoting abroad.”

Contacts:

Ellen Moore, Network in Solidarity with the People of Guatemala (NISGUA), (011) 502 4141 1187, ellen(at)nisgua.org 
Jackie McVicar, Maritimes-Guatemala Breaking the Silence Network, (902) 324-2584 btsguatemala(at)gmail.com
Jen Moore, MiningWatch Canada, (613) 569-3439, jen(at)miningwatch.ca 


BACKGROUND

Tahoe Resources’ Escobal silver project in the municipality of San Rafael Las Flores, southeastern Guatemala, is the subject of local opposition and ongoing legal processes against the validity of the exploitation licence. Community leaders have faced repression, criminalization and violence for their efforts to promote community consultation processes. Despite the conflict – or perhaps because of it – Tahoe has rushed to put the mine into operation even before establishing reliable mineral reserves. It reportedly brought its underground mine into operation in January 2014.

Tahoe lacks a social licence for the mine.

• To date, fourteen referenda have been held in which tens of thousands of people in the six municipalities closest to the project have voted against the Escobal mine given their concerns over current and potential environmental and social impacts.

The Escobal project has led to violence and criminalization.

• The company’s former security manager, an ex-military officer from Peru, Alberto Rotondo, is currently under arrest awaiting trial for allegedly ordering security guards to fire at protesters outside the mine on April 27, 2013. Seven victims of this attack are now bringing a civil lawsuit in British Columbia against Tahoe Resources for negligence and battery in connection with this incident.

• The Guatemalan government imposed a military state of emergency for a month after the shooting on April 27, 2013 in municipalities where people overwhelmingly voted against mining.

• In June 2012, Tahoe sued the Guatemalan government, demanding that it do more to protect the mine. A Guatemalan court dismissed the lawsuit in February 2013, mere months before the military siege was imposed.

• Since September 2012, some 90 people have been slapped with unfounded criminal charges and have had to endure legal processes causing them distress and hardship. Several spent months in jail before being cleared of all charges.

Guatemalan regulators failed to address residents’ complaints prior to granting Tahoe’s exploitation licence, putting the licence in doubt.

• The Guatemalan Ministry of Energy and Mines dismissed some 250 formal community complaints without a proper hearing shortly before granting Tahoe's exploitation licence on April 3, 2013.

• In July 2013, the plaintiffs appealed the dismissal of a complaint and won, putting the validity of the licence in doubt. A final decision from Guatemala's Constitutional Court is expected soon.

Given its close relationship to Goldcorp, Tahoe knows better than to proceed without community consent and when its project has already given rise to violence and repression.

• Goldcorp holds 40% of Tahoe's shares.

• Six of eight of Tahoe’s Directors are current or former Goldcorp executives, including Tahoe founder and CEO, Kevin McArthur, who was CEO of Glamis Gold and Goldcorp until 2008.

• Goldcorp’s Marlin mine in Guatemala was also put into operation in the midst of widespread opposition and repression. As a result, it has been the subject of repeat international human rights declarations calling for suspension of the mine and raising concern over impacts on community health, the environment and right to self-determination of neighbouring Maya Indigenous communities.

• The Inter American Commission on Human Rights recently admitted a case against Indigenous and human rights violations at the Marlin mine.

Tahoe Resources Inc. is a silver exploration and development company that lists on the Toronto and New York stock exchanges, with offices in Vancouver, British Columbia, Canada and Reno, Nevada, USA. Escobal is its only project.

Guatemalan complainants celebrate effective suspension of Tahoe Resources license

CALAS and the Xinca Parliament announce the suspension of
Tahoe Resources' mining license on Wednesday morning. Photo: Prensa Libre

(Ottawa/Guatemala City) On Tuesday, the Civil and Mercantile Division of Guatemala’s First Court of Appeals notified the Centre for Environmental and Social Legal Action (CALAS) that it is upholding an appeal associated with Tahoe Resources' production license for the Escobal project.

Quelvin Jimenez of the indigenous Xinka Parliament presented the appeal in May with legal support from CALAS, claiming lack of due process regarding a complaint he filed against the company's license prior to it being granted on April 3, 2013. The Xinca Parliament, the San Rafael Las Flores Committee in Defense of Life and Peace, and the Santa Rosa Diocese Council for the Defence of Nature (CODIDENA) supported the appeal process.

The Appeals Court found in favour of Jimenez and ordered the Ministry of Energy and Mines to adequately attend to his complaint, which was based on concerns over negative impacts on water supplies in the area of Tahoe’s Escobal silver project, currently under construction.

CALAS lawyer Rafael Maldonaldo remarked, “This is a historic sentence for the rights of all Guatemalans. The decision means the suspension of Tahoe Resources’ exploitation licence, preventing the company from putting the mine into production.”

Since November 2011, Jimenez and more than 200 other affected community members presented formal objections to Tahoe’s request for a licence from the Ministry of Energy and Mines. Less than an hour before the Ministry announced that it had granted Tahoe its license, Jimenez and others were notified that their objections would not be heard.

Jimenez regards the decision as a sign of hope for the affected communities where tensions have run high in recent months. During a press conference Wednesday morning he remarked, “The only thing the Escobal mine is currently producing in the area is conflict.”

Tahoe Resources’ Escobal mine has been mired in controversy given broad community opposition and incidents of violence, the most recent of which has been linked to company personnel. Then Security Manager of the Escobal mine, Alberto Rotondo, is under house arrest awaiting trial for alleged participation in an April 27 shooting against people protesting outside the mine that left six wounded.

Goldcorp owned the Escobal silver project until 2010 and currently holds 40% of Tahoe Resources’ common shares. Most of Tahoe’s directors have prior or current connections back to the gold producer whose Marlin mine in northwestern Guatemala has been a site of permanent conflict, given lack of respect for community consent and ongoing concerns over impacts on water supplies and the health of indigenous communities.

Contacts:

• Rafael Maldonado, Centre for Environmental and Social Legal Action (CALAS), (502) 5307 4250
• Jen Moore, Latin America Program Coordinator, MiningWatch Canada, (613) 569-3439
• Lisa Rankin, Coordinator, Maritimes-Guatemala Breaking the Silence Network, (502) 5071 4164