Expression of solidarity with the Duwamish Tribe in their struggle for tribal recognition

When Víctor Caal Tzuy from ACODET came to the U.S. last year on NISGUA's "Rivers for Life" tour, he met with Ken Workman, Duwamish Tribal Council Member and direct descendent of Chief Si'ahl. Both men shared common experiences as indigenous people, fighting for their communities and the health of their rivers in the face of displacement. While Víctor described the devastating effects the proposed Xalalá Dam would have on his community, Ken reflected on the ongoing injustices committed against the Duwamish Tribe as they struggle to obtain the rights and recognition due to them under the Point Elliot Treaty. 

On July 2, 2015, the Bureau of Indian Affairs denied Federal Tribal Recognition to the Duwamish Tribe. 

ACODET and NISGUA condemn this decision, and call on President Obama and other related authorities to immediate restore recognition to the Duwamish people. We are grateful for the warm welcome the Duwamish Tribal Council and the Duwamish Longhouse and Cultural Center gave to ACODET and NISGUA during our 2014 tour, and we continue to stand with them in their struggle for recognition and self-determination.

Please read the full letter below and considering adding your name. Send to bridget[at]nisgua.org and we will ensure its delivery to the appropriate authorities and Duwamish Longhouse.

Víctor Caal Tzuy and Ken Workman meet on the 2014
"Rivers for Life" speaking tour. Photo credit: NISGUA

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16 September, 2015

To Whom It May Concern:

On behalf of the Network in Solidarity with the People of Guatemala (NISGUA), we write to express our support to the Duwamish Tribe in their ongoing struggle to obtain the rights and recognition due to them under the Point Elliott Treaty, signed by Chief Si’ahl. NISGUA is a grassroots organization that builds ties between North America and Guatemala, supporting human rights advocates, survivors of genocide, and indigenous communities defending their rights to life and territory. As such, we feel driven to condemn the July, 2, 2015 decision by the Bureau of Indian Affairs to deny Federal Tribal Recognition to the Duwamish Tribe.

In August of last year, we had the immense privilege to be received by tribal representatives at the Duwamish Longhouse & Cultural Center in Seattle, along with Víctor Caal Tzuy, a Maya Q’eqchi’ leader of the Association of Communities for Development, Defense of Territory and Natural Resources (ACODET). On his U.S. tour, entitled “Rivers for Life: Cultural Resistance to the Xalalá” dam, Víctor spoke about the threats posed to his community by a proposed hydroelectric project, which the Guatemalan government has attempted to impose without prior, informed consent from local indigenous communities.

At the Duwamish Longhouse, Víctor met Ken Workman, Duwamish Tribal Council Member and direct descendent of Chief Si’ahl. Víctor and Ken found common ground as indigenous people with shared legacies of river stewardship and common experiences of displacement from colonization. “Ken and I have much in common–we both live on the shores of rivers, and we will defend our rivers,” reflected Víctor. Ken drew connections between past suffering of the Duwamish people and the current situation facing Q'eqchi' communities opposing the Xalalá Dam. “The potential effects on culture and environment that Victor describes are exactly what occurred here in Seattle 100 years ago."

In his conversation with Víctor Caal Tuzy, Tribal Council Member Workman described the historical injustices perpetrated against the Duwamish people, including the draining of the Black River, the channeling of the Duwamish River, the burning of Duwamish Longhouses by settlers, city ordinances banning indigenous people from living within Seattle city limits, and many others. At the time, we hoped that the Duwamish Tribe might soon win a small measure of reparation by finally achieving Federal Tribal Recognition. Instead, the Obama Administration and its representatives in the Department of the Interior and the Bureau of Indian Affairs are perpetuating the long legacy of colonial injustice faced by the Duwamish.

We call on President Obama, Secretary of the Interior Sally Jewell, Assistant Secretary of the Interior Kevin Washburn, and the U.S. Congress to immediately act to restore Federal Tribal Recognition to the Duwamish.

We thank the Duwamish Tribal Council and the Duwamish Longhouse & Cultural Center for welcoming Víctor Caal Tzuy of ACODET and members of NISGUA on their territory.

In heartfelt solidarity with the Duwamish Tribe in their struggle for justice,

NISGUA
ACODET

Accompanier Perspectives: Ixcán

Since the mid-1990s, members of the NISGUA network have provided a physical international presence to threatened human rights defenders and communities in the Ixcán.

We invite you to read the following reflection piece from one of our current accompaniers, Kayla Myers, about the violence of the past and the ongoing imposition of megadevelopment projects in the area. For more information about accompaniment, please read "The Power of Presence."

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The river Chixoy, which runs from the south of Guatemala all the way up into Mexico, is the life that runs through both the geography of the region and the continued struggles that define our work there. The Cobán-Ixcán region is in the extreme north of Guatemala next to the Mexican border. Cobán is the municipality located on the East side of the river Chixoy. Uspantán. On the West side of the river and in the extreme Northern region is the Ixcán, which is where we will also be working. Surrounding these municipalities are many smaller communities connected often only by foot-trails through the jungle, pickups and small buses, or boats along the Chixoy. 

Many communities in this region were victimized by the Guatemalan military during the armed conflict. For example, in 1982, a pueblo in the north of the Ixcán suffered the largest massacre in the history of Guatemala. On March 14th of that year the army arrived in this pueblo corralling the people into the town marketplace with gunfire, and on the 15th the army burned the Evangelical Church with people trapped inside. On that day, 324 Guatemalans were mass murdered. This history is not a forgotten page, this particular massacre only occurred 33 years ago, and its repercussions still echo into the present and future of this region.

Burial of massacre victims in the Ixcán region, 1996.
Photo credit: S. José Rio Negro, © A. Huet,
Center for Independent Media 

The reason given for the massacre was that the towns-people "supported the guerrilla movement." This was often the reason given during the time of internal armed conflict, a reason masking genocidal and economic motives. It was considered a genocide as Mayan villages were targeted and 84% of those killed or disappeared during the conflict were Indigenous Mayan Peoples. Economic motives are seen in the fact that the government planned the Xalalá hydroelectric project, a dam that will stop the Chixoy river and be used to generate electricity, in the 1970's. Their plan was inhibited, in party, by the presence of communities along the river. The project was paused during the time of massacres and re-vamped in 2004 as a top national priority. After the conflict, the survivors in Cobán-Ixcán were vulnerable from the loss of family, community and land and this vulnerability is now being exploited to gain access to their land and the Chixoy River for the benefit of multi-national companies and the elite class of Guatemala.

Yet, hydroelectric projects do mean clean energy and development in a place isolated and beneath the shadow of extreme poverty. Several questions arise:

"Question:" Why don't they want clean energy and development?
"Response:" If the Xalalá dam is built, over 50 communities around the Chixoy River will be either flooded or completely deprived access to water.

"Q:" What about relocation and compensation?
"R:" The Xalalá dam would be the second largest project in Guatemala next to the Chixoy hydroelectric project built in the 1980s. Those forcibly evicted from their homes and land at that time are still awaiting compensation.

"Q:" What about the trickle down affect of development projects, won't they benefit in the long run?
"R:" The Xalalá project will create energy to be exported, not to be used locally. Those who benefit will be the elite who partner with international companies.

These questions are usually the first to arrive in the minds of people from the Global North, but the implications of damming this river go far deeper than questions of logistics and money.

The Indigenous Mayan peoples are the majority of the population in Guatemala with a culture and tradition alive as the river. The languages spoken in Cobán-Ixcán are principally Q’eqchi, Quiche’, Mam, and Spanish. The Mayan Cosmovision, or view of the world, emphasizes real connection to the Earth and the resources that are life for the Mayan peoples. The river is life, a life under threat.

Indigenous Communities say NO to the Xalalá Hydroelectric
project. Photo credit: NISGUA

There has been no justice for the communities that survived massacres in this region during the armed conflict, instead there is continued tension and re-traumatization. This does not mean that they have given up, on the contrary, the tide for justice in Cobán-Ixcán flows strong. As an example, here is a time-line of their struggle against the Xalalá hydroelectric project:

• 2007 and 2010 – good-faith community consultations are held in Ixcán and Uspantán respectively. Over 18,000 community members, 90% of the population in the region, said NO to the project in these organized votes.

• 2008 - the community consultations, which are legal under International Laws of which Guatemala is a signatory, were ignored by the government and INDE started the project and began looking for investors.

• 2008-2013 – the Xalalá hydroelectric project is stalled by lack of investors due in part to the awareness raised by communities.

• November 2013 - a contract was signed by the Brazilian Company Intertechne Consultores SA to carry out the feasibility studies necessary for dam construction.

• April 2014 - the communities filed a injunction against contract in the Constitutional Court of Guatemala for illegality and irregularities.

• December 2014 – the National Electrification Institute (INDE) cancels the contract with Intertechne and declares that Xalalá is no longer a top national priority. The Constitutional Court has yet to give their decision on the legality of the contract and the people are suspicious of INDE's change in tactics.

INDE has been using any tactic available to weaken the resistance of the local peoples to the project. They attempt to buy out local leaders, seize land in any way they can, start community strife to divide peoples, and offer much needed resources only in return for support of the project. They are even suspected of flying helicopters over these post-conflict communities to scare them into submission.

That is a part of the complex history of this region of Guatemala, so how does that translate to our work? As international human rights accompaniers in this region, my partner and I will provide moral support and a dissuasive presence to the communities and individuals who survived massacres as well as support individuals and organizations struggling against the Xalalá hydroelectric project.

Three of several of the organizations we partner with are:

1. AJR- the Association for Justice and Reconciliation- created by Guatemalan survivors and refugees to bring cases from the armed conflict to trial

2. ACODET - the Association of Communities for the Development of the Defense of Land and Natural Resources - communities in the area organized to resist the Xalalá hydroelectric project

3. Puentes de Paz- Bridges of Peace- they work in the region on several community support projects

They say that this region is the region of walking. From community to community we pack along our belongings and our notebooks, ready to listen to the voices of these powerful defenders and survivors, ready to share information globally to break the ugly silence and isolation in which oppression and violence thrive. I am so ready to learn from the undercurrent of strength that has sustained these people in their struggle, a struggle for the preservation of life, land, and water. In a world being drained of our human connection to nature, this is a struggle we all face together. The implications of their work and survival will be felt through Guatemala and through our global struggle for natural resources and human rights.

Thank you for reading this reflection, for taking time on your path to connect with me and with the people of Guatemala. Please check out www.nisgua.org for updates.

In Solidarity,

Kayla Myers

Victory for communities threatened by the Xalalá dam: Contract for feasibility studies canceled

NISGUA's 2014 Rivers for Life speaking tour featured ACODET, an association made up of more than 50 communities whose livelihoods and culture are threatened by the possible construction of the Xalalá dam. During the tour we mobilized our grassroots base to stand in solidarity with impacted communities by calling for the cancellation of the geological feasibility study - a necessary precursor to the dam's construction. The granting of the feasibility study to Brazilian company Intertechne Consultores S.A. was fraught with anomalies and a lack of consultation with indigenous communities.  

We are excited to report that earlier this month, the National Electrification Institute (INDE) announced that the contract was terminated in December 2014! This explains why the Xalalá project, declared a national priority by President Otto Perez Molina in 2012, was publicly removed from the national agenda at the same time. It remains unclear why INDE took months to announce that the contract had been revoked. 

INDE announced that the revocation of the $4.9 million contract with Intertechne S.A. for the Xalalá geological feasibility studies was due to the company's failure to fulfill the requirements. MEM and INDE also reported that they will request Intertechne to return the $1.4 million advance given for the project, which was double the percentage companies are typically given as an advance for similar work. 

As a result of this scandal, and others that have rocked the government since April, high-level officials from the National Electrification Institutes (INDE), the Ministry of Energy and Mines (MEM) and the Ministry of the Environment (MARN) have been forced to resign. Erik Archila, former head of MEM was part of the mass resignation of cabinet members on May 15th, and is also facing multiple allegations of corruption in other cases related to the granting of illegal contracts. 

The communities threatened by the Xalalá dam have taken action to denounce the lack of transparency and illegality of the agreement signed with Intertechne in November 2013 ever since learning about the contract in January 2014. At the request of communities, the General Comptroller's Office (CGC) carried out a hearing with the Congressional Integrity Commission in April 2014 to present the numerous irregularities and allegations of corruption in this and other license granting processes. In June 2014, ancestral authorities from the region presented an injunction against INDE for irregularities and the lack of consultation with communities. 

“By canceling the geological studies contract [for the Xalalá dam project], INDE is attempting to distance itself from the illegal acts committed by signing the contract with the Brazilian company Intertechne Consultores S.A., possibly to cover up corruption, justify costs already incurred and evade penal prosecution of those responsible.” Press release from communities threatened by the Xalalá dam, May 4, 2015 

Today we can celebrate this victory while continuing to demand investigation into contracts that benefit transnational companies at the expense of local peoples and blatantly disregard legitimate community decision-making processes that have rejected these types of megaprojects.

A report-back on NISGUA’s Rivers for Life Delegation

When Víctor Caal Tzuy came to the U.S. last fall to speak about indigenous peoples’ fight for self-determination in Guatemala, he ended many of his presentations by inviting people to his home to see for themselves how and why more than 50 communities have united in opposition to the Xalalá hydroelectric dam.

Last month, NISGUA responded to that invitation by organizing a 10-day delegation to northern Guatemala to visit the communities threatened by the mega-dam.

The trip was composed of three main areas: 

• Directly meeting and building relationships with the communities impacted by the project
• Deepening our analysis of the historical and current contexts of state violence through presentations from various organizations and human rights experts 
• Taking lead from our partners in order to carry out advocacy meetings and developing our understanding of the role of international solidarity

Meeting with communities

After a short orientation in Guatemala City, we began the two-day journey to the northern lowlands of the department of Quiché to meet with the communities that would be affected by the large-scale hydroelectric project and to visit the proposed construction site.

The delegation spent three days in Copal’ AA La Esperanza, a returned refugee community of about 130 families who were displaced in the 1980s by the violence orchestrated by the Guatemala state during the country's internal armed conflict. These same families would again be displaced by the construction of the dam. Accompanied by leaders from Copal’AA, the delegation traveled up river to visit Victor's community, Las Margaritas Copón – home to Maya Q’eqchi’ families for hundreds of years and the site of the proposed dam.

We walked with families through their subsistence crops, which blended seamlessly with the surrounding subtropical forests. We smelled the richness of the earth and listened to the powerful currents of its turquoise blue waters. We gained nourishment from hand-made tortillas accompanied by beans, squash, fruits, and root vegetables, all of which came directly from the fertile plots of land where families grow nearly everything they consume. Community leaders and elders welcomed us and shared with us these experiences – experiences that made terribly tangible the enormity of the destruction and loss that would be inflicted with the construction of the dam.

We met with students, community spokespeople, ancestral authorities and other representatives who came from nearly a dozen other affected communities that form part of the Association of Communities for Development and the Defense of Territory and Natural Resources (ACODET). In meetings translated at times between three languages – Spanish, Maya Q’eqchi, and English – community members explained the depth of connection they hold with the land and their model of consensus-based, community-wide decision making processes used to determine all projects undertaken in the communities.

During these meetings, representatives explained that the government has strategically withheld basic services as punishment for their organizing against the Xalalá Dam, likening this intentional abandonment and coercion to structural state-sponsored violence. Community members denounced the egregious and ongoing efforts of the National Electrification Institute (INDE) to illegally condition future government services on the acceptance of the Xalalá Dam, falsely promising rural expansion of electricity to their homes, road improvements and supplies for local medical clinics only if communities agree to the dam’s construction.

ACODET representatives and communities have also suffered more overt forms of violence. There have been 19 cases of defamation and 12 incidents of intimidation related to their resistance to the dam. Community members explained the ways in which INDE has deliberately misinformed communities in order to create divisions amongst them, while systematically excluding communities from participating in making the decisions that impact their territory.

Throughout our time in the communities, members of the delegation were inspired by the high level of organization and intentionally-held unity within and between communities in resistance to the dam and were moved to action by the calls for international solidarity – to continue to listen, to bring these stories back to North America, and to take action to dismantle the systems that attempt to take away the self-determination of all of our communities.

"The love we have for our land gives life to our struggle." (Community representative from Copal'AA)

"The government talks about electricity and development but they don't take into account our view of development - living from the land." (Representative of ACODET)

A sampling of the crop varieties grown in Copal'AA. Photo credit: NISGUA

In Copal'AA, a sign reads: No to the Xalalá dam! Rivers for life with
dignity. Without electricity, we can live. Without water, we can't.
Photo credit: NISGUA

"Though we may not have many resources for our struggle, we have our words, our ideas, our thoughts, that we use to defend our land.” (Representative of ACODET)

“I am taking away a new perspective on the struggles of the people of Guatemala…. I can talk about what institutions are using negative (to say the least) practices and what communities are doing to resist and organize… I am also coming home with a new perspective on my consumption in the form of food, water, and other goods and services that I don’t need.” (Delegation participant)

The delegation and members of ACODET stand on the proposed
site for the Xalalá dam. Photo credit: NISGUA

Click here for more photos from the delegation.

Deepening the contextual analysis

Both before and after the delegation’s visit to the communities, organizations such as the People’s Council of Tzututlan and independent journalists from the Center for Independent Media met with the delegates to provide a deeper analysis of how the Xalalá dam fits within a larger, interlinked system of mega-development projects, designed and negotiated by state and corporate interests.

We visited the House of Memory, an interactive museum created by the Center for Human Rights Legal Action (CALDH) as well as the National Police Archives, to better understand the historical context of state violence and repression, the Guatemala people’s resilience, and the ongoing social movements to seek justice, to honor collective memory, and to end impunity. Through those visits, we saw how the legacy of that violence continues on in the repressive tactics of the government that currently target communities working in defense of culture, life and territory.

Those tactics became very present throughout the ten days of the delegation, as participants heard the news of arrests and violent attacks against leaders of the resistance to the Hidro Santa Cruz dam in Barillas, Huehuetenango and other hydroelectric projects in the country. In a very real contextualization of the human rights abuses in the country, delegates had the chance to converse with the family and friends of political prisoners that have been captured for organizing community referenda and defending their territory.

Delegates also had the chance to learn about the positive projects that communities are employing as alternatives to the state’s dominant model of development. Madre Selva, an environmental justice collective based in Guatemala City, met with the delegation to give examples of communities that have successfully undertaken sustainable, small-scale electrification projects to bring energy to their homes, and where popular education techniques have been successful in supporting self-sufficiency and sustainability in rural communities.

Following the calls for advocacy

Resourced with the conversations and experiences with communities and human rights organizations, the delegation joined ACODET in meeting with the Inter-American Development Bank to raise concerns about bank funding being used to condition rural electricity expansion upon acceptance of the dam. Delegates also met with the U.S. Embassy in order to underscore NISGUA’s accompaniment in the region and highlight increasing concerns about the safety of those standing up in defense of the right to consultation and self-determination.

In their first advocacy meeting, the delegation and two members of ACODET spoke with the Inter-American Development Bank (IDB). The IDB has proposed funding to bring rural electrification to communities in the departments of Alta Verapaz and Quiché, amongst others, and is awaiting approval from the Guatemalan Congress. While the funding is not dependent on the construction of the Xalalá dam, community members denounce that representatives from INDE are acting as the gatekeepers to rural electrification, intentionally misinforming communities and conditioning access to electricity on their acceptance of the Xalalá dam. The bank claimed to be unaware of INDE's actions and agreed to follow up, sharing information directly with communities. 

During the meting with the Inter-American Development Bank (IDB) the delegation:

• Facilitated a conversation directly between ACODET representatives and the bank in order to highlight the potential of INDE mishandling the $60 million in IDB funding destined for rural electrification.
• Provided specific examples of INDE conditioning social programs and deliberately misinforming communities regarding IDB funded rural electrification plans

As international observers from the U.S. and Canada, two countries that hold 34% of the voting power at the IDB, the NISGUA delegation demonstrated international concern for the violation of the rights of ACODET communities and further discussed what mechanisms exist to prevent human rights violations from occurring during the implementation of IDB projects.

While these official spaces are incredibly important in advocating for the rights to consultation and self-determination, perhaps more impactful are the advocacy opportunities in our communities back home. Delegates had the chance to discuss and support each other in creating plans to raise awareness and advocate for action and change in their home networks in North America. Plans for educational house parties, report-backs, art exhibitions, and article-writing all sprung into place on the delegation’s last day together.

“Participating in this delegation has been one of the most important and impactful experiences for me! Visiting the spaces and communities, meeting specific actors, experiencing things I’ve previously only read about in an embodied and sensory way has been a turning point in my personal engagement. I feel so inspired and energized to continue this work and to maintain and deepen these relationships.” (Delegation participant)

NISGUA invites everyone in our base to continue to reflect on the knowledge and inspiration we have gained from these relationships with Guatemalan human rights defenders and activists. We also encourage you to reflect on the ways to incite change and to create alternatives to the dominant globalized model that results in the exploitation, displacement and destruction of our communities and our lands.

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.

Expansion of hydroelectric dams and energy transportation infrastructure threatens Indigenous communities in northern Guatemala

With information from Resistencia de los Pueblos, Boletín February 2014
and El Observador 44-45

In 2010, information became publicly available about government electricity projects under the plan: “Expansion of the Electricity Transportation System.” Ever since, organizations and communities have worked to gather information about the implications of these mega-development plans for their communities and territories. One of these projects is the 464.3 kilometer-long Hydraulic Ring (Anillo Hidráulico) - a project that includes eight substations, wire extensions and reinforcements and spans the departments of Huehuetenango, Quiché, Alta Verapaz and Baja Verapaz. The Hydraulic Ring will connect more than 30 hydroelectric projects that are either already in operation in the region or currently being constructed.

The government and industry continue to provide many explanations for the need to ramp up hydroelectric energy generation in Guatemala. The National Electrification Institute (INDE) claims that current production levels are not enough to support demand, and that without the construction of the proposed Xalalá mega-dam, subsidized tariffs provided by the government currently in place for low-income families will have to be eliminated. A member of the Madre Selva Collective explains, however, that the current demand for electricity is in fact being covered by existing hydroelectric dams in the country – principally, the Chixoy and smaller dams previously constructed by INDE. 

The construction of the Xalalá dam would follow in the devastating footprints of the Chixoy project, displacing dozens of communities in northern Quiché, flooding ancestral lands and destroying the main sources of livelihoods for local indigenous peoples. Despite widespread opposition to the dam and questions about the necessity of a project of this scale, the government has continued to push Xalalá forward. 

How, then, do we explain the level of interest in constructing so many hydroelectric dams, including Xalalá, in Guatemala? It is believed that the pressure to push forward the Xalalá project is so that the Xalalá and Chixoy (INDE projects) can be used to cover the national demand, while the new smaller and private projects will be used to generate electricity for sale outside the country or used to support the expansion of mining projects within Guatemala.

The majority of these projects are financed by both international and national private capital. Indeed, the principle role of INDE in the chain of energy generation, including distribution, commercialization and transportation, has slowly been replaced by private actors. This shift from public to private funding for electricity projects has resulted in a push to improve and expand Guatemala's capacity for energy transport.

Government Plans for the Expansion of Energy Transportation Infrastructure – an Urgent National Necessity 

Policies for the distribution and transportation of energy produced by these hydroelectric dams was developed by the Guatemalan government and is divided into five areas: the Electricity Expansion Plan (PET), the Rural Electrification Plan (PER), the Transmission Expansion Plans (PEG), Strategies for Participation in the Regional Electricity Market (MER) and the Energy Reserve Strategy (REE). In order to begin to carry these policies out, the Guatemalan Ministry of Energy and Mines granted the Colombian company, Transportadora de Energia de Controamerica S.A. (TRECSA) a 50-year license to construct the electricity transportation project as outlined in PET and PER.

In April 2013, the Guatemalan government approved Agreement 145-2013, which declared the energy distribution infrastructure projects of “urgent national necessity”, paving the way for a private company, paid by the government via loans from the Inter-American Development Bank, to construct electricity infrastructure. This is being done without the free, prior and informed consent of the Indigenous communities most impacted.

It is under this legal framework that TRECSA has expanded the Electricity Expansion Plan (PET) and Rural Electrification Plan (PER) into northern Guatemala, with the installation of large electric towers, posts and the construction of the electric substations necessary for the advancement of both plans. This imposition is one of the principal causes of ongoing conflict in the municipalities of northern Quiché and throughout the country.

Many Indigenous communities and organizations are denouncing the threats they are receiving and other ways they are being pressured to allow the installation of electrical posts and high tension cables on their land as part of the construction of PET and PER. Communities, including those opposing the Xalalá dam have documented the government's use of coercion and conditioning of social programs on acceptance of mega-development projects. According to local leaders, the government's promises of new social projects are available only to those who allow TRECSA to enter on to their lands, effectively putting a ransom on the wellbeing of women and children in the impacted regions in the Quiché, such as the Ixcán, Uspantán, Cunén and Sacapulas. 

Law 4782 – Forced Expropriation of Land

In early 2014, the Guatemalan Congress began to debate Law 4782 on Forced Expropriation. The law had been previously proposed by the ruling party - Partido Patriota - on three different occasions, and would facilitate TRECSA's legal grounds to forcibly enter private land. The law would allow the contractor or company, in this case TRECSA, to identify and register land it considered to be a candidate for forced expropriation based on plans for the expansion of energy transportation infrastructure. This legislation, together with the decree classifying the project to be of “urgent national necessity”, facilitates the forced displacement of mostly indigenous communities from their ancestral land without consultation, negotiation or fair compensation.

In March 2014, communities and social organizations filed an appeal arguing that declaring PET and PER of urgent national necessity was unconstitutional. A decision by the court is pending.

Community opposition and organizing

On April 20, 2013, people from throughout Guatemala attended the Assembly of the People of the Northern region of the Department of Quiché, which took place in the municipality of Nebaj. During the Assembly, communities publicly expressed the rejection and condemnation of the exploitation and usurpation of their lands and natural resources by the government and the companies in order to develop their own projects at the expense of people and their lands. Through sharing of information, community consultations and assemblies, opposition to this form of energy generation has grown. Pueblos, entire communities and municipalities have carried out more than 70 community consultations since 2005.

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

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

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

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

Víctor Caal Tzuy speaking at the Duwamish Longhouse & Cultural Center

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

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

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

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

Indigenous leaders, Víctor Caal Tzuy and Ken Workman

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

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

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

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

Horizontal exchange with Bay Area activists fighting for self-determination

Media links:

Interview at KEPX Seattle, WA

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

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

The Q'eqchi' and the Duwamish

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

By Alejandro Echeverría
October 13, 2014 

Indigenous leaders Víctor Caal Tzuy and Ken Workman

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

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

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

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

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

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

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

Translation by NISGUA

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

Accusations of anomalies and corruption place contract for Xalalá Dam studies in question

Following the "emergency contract" for geological feasibility studies signed between Guatemala's National Electrification Institute (INDE) and Brazilian company Intertechne Consultores S.A. last November, communities organized against the Xalalá Dam publicized the controversial transaction and undertook strategic meetings in Guatemala City to draw attention to the contract. One Congressman and President of the Congressional Integrity Commission with whom the communities met, Amílcar Pop, denounced anomalies and called for an investigation of the contract granting process. 

The Congressional Integrity Commission meets with INDE in a public hearing.
Photo: El Periódico

On April 7, the Congressional Integrity Commission carried out a hearing at the request of the General Comptroller's Office (CGC) to present numerous irregularities in the license granting process between INDE and Intertechne. In a detailed account of the anomalies, the CGC explained that the contract with Intertechne was signed before the company was registered to operate in Guatemala. Intertechne did not establish a local subsidiary until January 29, 2014, 60 days later. The CGC also denounced the direct payment and contracting of the Brazilian company by INDE instead of going through the Public Procurement Law, as required. 

The same law states that down payments paid to companies by the state should not exceed 20% of the total cost. According to the CGC, in this case, INDE paid $1.4 million to Intertechne, instead of the approximately $995 thousand required by law based on the total contract value. The CGC also denounced the weak and questionable terms of the contract, which states that the company cannot be evaluated and that it guarantees that the outcomes and requirements will favor INDE. Congressman Pop called for the reversal of the transaction in order to recuperate partial payment for the contract, already delivered to the Brazilian company, which he considers to have been spent illegally. 

Finally, the inquiry reached back to the bidding phase, during which two processes, in 2007 and 2012, were abandoned due to a lack of interest on the part of the companies. The CGC pointed out that during the second process in 2012, INDE required interested companies to pay $10,000 just to participate, which unsurprisingly discouraged all possible bidders. The lack of interest in the contract was one of the principal excuses employed by INDE manager Marinus Boer to justify the need for the “emergency contract” process with Intertechne. The CGC went on to point out that the decision lacked an evaluation of the company's capacity to carry out the geological study.  

Former INDE manager Marinus Boer resigned late last week, just before the Congressional Integrity Commission hearing, citing personal problems. His replacement, Jorge Stalling, assured that despite the accusations the contract will not be suspended. Auditors are continuing to investigate and plan to present the case to the Attorney General's office in order to file a formal, penal accusation. 

According to the Legal Assistance Anti-corruption Office (Alac) and Prensa Libre, INDE has been accused of making other irregular purchases totaling more than $11 million in 2013 alone. Alac noted having received “constant complaints” regarding contracts awarded by INDE during the administration of previous general manager, Marinus Boer.