Showing posts with label communique. Show all posts
Showing posts with label communique. Show all posts

Monday, September 1, 2014

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

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

CMI denounces attacks following its coverage in Alta Verapaz 

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

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

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

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

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

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

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

Monday, May 19, 2014

Genocide survivors respond to congressional resolution to deny genocide

"We are thousands of Guatemalan victims of grave human rights violations committed during the internal armed conflict. The only thing we ask for is justice."  - Communique from survivors in response to congressional resolution to deny genocide
Genocide survivors gather in front of the Congress of the Republic.
On late Tuesday, May 13, the Guatemalan Congress passed a shocking resolution categorically denying that genocide occurred in Guatemala. The resolution states that the “so-called ‘trial of the century’” threatens “National Reconciliation”. 87 congressional members, of the 111 present, voted in favor of the resolution across party lines.

Today, genocide survivors gathered outside Congress to denounce this resolution. Below are excerpts from their statement.

Banners outside Congress call for truth and justice for genocide.


Communique from the Victims of the Guatemalan Genocide to the 
Congress of the Republic

The victims of the grave violations of human rights and International Humanitarian Law, who suffered genocide, forced disappearance, torture, extra-judicial executions, sexual violence, massacres and assassinations committed by the forces of the State of Guatemala during the recent internal armed conflict, express our rejection of the congressional resolution approved by 87 representatives of the Congress of the Republic on May 13, 2014.

We remind the representatives that the state is required to respect the rights of victims to truth and justice precisely because Guatemala is a signatory to international human rights treaties and conventions. It is indispensable that grave crimes such as genocide and crimes against humanity are judged and that justice is done.

We demand that the Congress of the Republic respect the National Reconciliation Law... We condemn any attempt to grant amnesty for these crimes.

We remind the representatives that the State of Guatemala has been condemned internationally for failing to investigate, judge and sanction the people who have committed acts of torture, extra-judicial executions, forced disappearances, sexual violence and other grave violations of international humanitarian law and human rights.

Nobody and nothing should influence the Judiciary, not even these Congressional representatives who, coincidentally, will be electing the judges of the Supreme Court and the Appeals Court.

…We remind the representatives that their legislative duty should benefit the majority of the population and not a small group that feels directly affected; a court of law decided that - Yes, it was Genocide!

We express our concern and rejection of this resolution, which is a clear intervention in the justice system that puts at risk one of the fundamental pillars of the rule of law: swift and full access to justice...

This resolution simply demonstrates that personal and ideological opinions about the armed conflict take precedent over the common good. We are thousands of Guatemalan victims of grave human rights violations committed during the internal armed conflict. The only thing we ask for is justice. 

We want to make clear to the 87 representatives that voted in favor of this resolution that the victims, keeping in mind our rights and obligations as citizens, acting with fraternal conduct and in the clear exercise of our human rights, request justice for what happened during the conflict. We have sought out this democratic and legitimate path. We presented charges against the material or intellectual authors of the atrocities that we suffered. This is our constitutional right that nobody and nothing can take away from us.

We invite the international community to observe the fulfillment of the international obligations of the state in human rights and humanitarian rights so that the barbaric acts committed against the civilian, non-combatant population are investigated, judged and sanctioned. We call on you to be attentive to any attempt to distort the law in favor of impunity.

Congressional representatives: we the victims, want peace – the same peace that you mention in your resolution – that is born of respect for human rights and the right to justice and dignified reparation, which is a primary guarantee that these acts will never be repeated.

In the name of those of us who want peace, that look for pathways to democracy and not hate, racism, impunity and forgetting, we demand that this resolution be retracted. As it says in the genocide sentence, “... to recognize the truth helps to heal the wounds of the past... the application of justice is a right that aids the victims and that also contributes to the strengthening of the rule of law in our country...”

NISGUA has provided human rights accompaniment to the witness' organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000.

Wednesday, October 23, 2013

"No Impunity! No Amnesty!": Organizations react to news of CC ruling

Guatemalan newspaper Prensa Libre splashed "CC brings José Efraín Ríos Montt closer to amnesty" across its front page headlines, with the corresponding article publishing excerpts of a leaked ruling issued by the Constitutional Court. Plaintiffs and lawyers still have not received notification of the decision at the time of this writing. The article states that the ruling outlines a legal path for granting amnesty to Efraín Ríos Montt for crimes of genocide. Other major news sources and a spokesperson for the Constitutional Court have since stated the decision does not grant amnesty for Ríos Montt, but directs lower courts to clarify previous rulings that denied him amnesty. The Constitutional Court utilized a similar strategy in annulling the genocide case sentence, providing legal direction towards annulment while ordering a lower court to carry it out.

In a press conference today, the Center for Human Rights Legal Action (CALDH) and representatives from other human rights organizations stressed that genocide and crimes against humanity are not eligible for amnesty as outlined in the 1996 National Reconciliation Law. They highlighted that any resolution granting amnesty for genocide and crimes against humanity would be a political decision not supported by national or international law. Read their press release below for further details.

CALDH representatives issue statement to the press

AMNESTY IS NOT APPLICABLE TO THE CRIME OF GENOCIDE AND CRIMES AGAINST HUMANITY

The publication of the article in the [Prensa Libre] newspaper with respect to the supposed decision of the Constitutional Court (CC), has once again taken the Guatemalan people by surprise. It is seen as an attempt to justify the possible granting of amnesty for José Efraín Ríos Montt, who was already convicted of genocide and crimes against humanity, crimes that are NOT ELIGIBLE FOR AMNESTY.

Article 8 of the National Reconciliation Law of 1996 foresees the application of amnesty with respect to political crimes committed during the internal armed conflict and limits the possibility for the application of amnesty in the following way: “The extinction of penal responsibility referred to in this law will not be applicable to the crimes of genocide, torture and forced disappearance, nor to those crimes that do not have a statute of limitations or that do not allow for the extinction of penal responsibility, in accordance with the internal law or the international treaties ratified by Guatemala."

The political constitution and the obligations that are derived from international law indicate that the crimes committed in violation of international human rights and humanitarian law are inadmissible [for amnesty] and cannot go unpunished.

The state of Guatemala has been internationally condemned for not investigating, trying and sanctioning the people that committed acts of torture, extrajudicial executions, forced disappearance, sexual violence and other grave violations of international humanitarian and human rights.

None of the people accused in cases for crimes of genocide, torture, sexual violence, forced disappearance and crimes against humanity committed during the internal armed conflict are subject to the application of amnesty, statute of limitations or the extinction of penal responsibility.

According to Prensa Libre, the supposed decision ordered the High Risk Crimes Court “A” Judge to SUBSTANTIATE the decision related to the decree 8-86*, a decree that Judge Carol Patricia already ruled on in the case against Héctor Mario López Fuentes. She argued that, “whilst the existence of the decree 8-86 has been proven… the content of article 46 of the political constitution of the Republic of Guatemala cannot be dismissed in that it established the general principal that human rights treaties and conventions accepted and ratified by Guatemala have preeminence over internal law…the types of crimes for which the accused were ordered to stand trial are universally prosecuted."

Neither the victims nor the plaintiffs in the case have been notified of the resolution. It is strange and inexplicable that the Constitutional Court should provide the information exclusively to one media outlet and not to the interested parties, the rest of the media and the people of Guatemala in general.

It is our opinion that there may be an erroneous interpretation of the information which could produce harmful consequences for the justice system, given that today the secretary of the same Constitutional Court gave a public declaration to the radio station, Emisoras Unidas, clarifying that the CC is not applying amnesty but rather asking the High Risk Court “A” Judge to substantiate [her previous] decision with respect to decree 8-86.

We ask that the international community observe the fulfillment of the State’s international obligations to human and humanitarian rights so that the acts of barbarism committed against the civilian population do not go unpunished.

We ask that Guatemalan society remain alert to the possible maneuvers of the CC and that it advocate for rapid prosecution based on fulfillment of and respect for the political constitution of the Republic and international law so that delinquent acts of any nature do not go unpunished.

We ask that the Human Rights Ombudsmen observe the actions of the Constitutional Court in order to guarantee the fulfillment of the international obligations of the state with regard to human rights.

The victims of genocide and the people of Guatemala ask: “Does this information respond to the interests and structures of those who have publicly demonstrated their intention to maintain impunity for these cases?" The rulings of the CC with respect to the genocide case against Ríos Montt, have proven that there are judges who continue to pave the road to impunity.

IT WAS PROVEN, THERE WAS GENOCIDE
WE SILENCE THE VOICES OF IMPUNITY
Center for Human Rights Legal Action
Guatemala, October 23, 2013

*8-86 was a wartime decree under the Mejía Victores administration granting general amnesty to all those responsible for, or accused of, political and related common crimes committed between March 23, 1982, and January 14, 1986.

Tuesday, October 1, 2013

Communiqué denouncing recent repression in Northern Huehuetenango

On September 28, conflict erupted again in Northern Huehuetenango in response to the imposition of Spanish-owned Cambalam hydro-electric project in Santa Cruz Barillas. Despite ongoing criminalization and repression, community members continue to demand respect for the 2007 community consultation rejecting large-scale development projects in their territory.


During his September 3 visit to Barillas, President Otto Pérez Molina hailed hydro-electric projects as the future of development in the region and announced the establishment of a dialogue round table, supposedly to address ongoing community opposition to the projects. In the end, the promise of dialogue remained unfulfilled; the conversation did not take place, as the president failed to attend the meeting scheduled for September 19. While the public discourse has advocated for negotiation with communities, in practice, the government has consistently responded to popular opposition with militarization, repression and criminalization.

In the communique below, the Western Peoples' Council and the Departmental Assembly of Huehuetenango denounce this new wave of violence and militarization and call for international solidarity, the cancellation of licenses for controversial mega-projects and respect for community right to consultation.

We denounce before the international and national community:
The current aggression against the Q'anjob'al, Akateko, Chuj and mestizo peoples in Northern Huehuetenango by the President and Commander of Chief of the national army, General Otto Fernando Pérez Molina, who in a recent press conference highlighted the importance of water, mineral, oil and forest resources.

These aggressions are part of a new process of transnational invasion, protected by the government in power, who take turns implementing projects of plunder in the name of false development. These actions are framed within a strategy of counterinsurgency and make us remember and relive the internal armed conflict of the 1980s during which the army orchestrated plans of aggression and violated civil society's fundamental human rights.

On September 28-30 of this year, the government used low flying helicopters, armored vehicles, army troops and National Civil Police (PNC) special forces units to terrorize the population. This strategy of invasion, which disproportionately uses police and military forces characteristic of a state of war, resulted in one civilian death and many injured.  This result is the unforgivable responsibility of the government.

This repressive and terrorist behavior attempts to paralyze communities' pacific and legitimate struggle in defense of territory. The licenses [for mega-projects] have been granted to companies in territories where we exist and live, and that we have been caring for during thousands of years. We will not allow our territories to be destroyed.

THEREFORE: We call on the international and national community to speak out and show solidarity with the people of Guatemala. We will remain vigilant and in permanent observation of the human and collective rights of the people, as attacks against the civilian population of Barillas continue.

WE DEMAND:
1. The government and its ministries respect the human and collective rights of the people, and that they stop lying to and confusing the national and international community.
2. The withdrawal of all army and PNC special forces troops in Northern Huehuetenango in order to guarantee the protection of human rights and not to serve transnational companies.
3. The cancellation of mining, hydroelectric, oil and other mega-project licenses that have been granted in Huehuetenango and which are responsible for undermining peace and liberty.
4. Respect for community consultations carried out   from 2006 to the present.

The Q'anjob'al, Chuj, Akateko and mestizo people have historically cared for territory for the benefit of everyone, including future generations. We only want to be treated as people and to be allowed to live freely in peace and harmony with Mother Nature.

Departmental Assembly of Huehuetenango (ADH)
Members of the Western Peoples' Council (CPO)

Huehuetenango, September 30, 2013

Tuesday, September 3, 2013

Guatemalan Indigenous Organizations File Complaint over Mining Law with Inter-American Commission on Human Rights

Sources: Western Peoples' Council (CPO) - Network in Solidarity with the People of Guatemala (NISGUA) - MiningWatch Canada – Center for International Environmental Law (CIEL)

(Guatemala City/Ottawa/Washington) Tuesday, Guatemala's Western Peoples' Council of Mayan organizations (CPO) filed a petition with the Inter-American Commission on Human Rights (IACHR) alleging that the country’s mining law was approved without their prior consultation as required under both national and international law. The IACHR is the last resort for the CPO, which has exhausted all domestic recourse to halt violations as a result of current mining legislation.



The CPO first challenged the constitutionality of the 1997 Mining Law in a July 2012 suit filed with Guatemala’s Constitutional Court. In March 2013, however, the Constitutional Court upheld the mining law, contradicting Guatemala's legal obligations to consult with indigenous peoples before the approval of policies that will significantly impact their territories.

“We believe that Constitutional Court’s decision is illegal and contradictory, given that the same court ruled in 2011 that consultation is a constitutional right of indigenous peoples in Guatemala. Indigenous peoples were not consulted on the Mining Law despite its implications for our way of life and the state’s commitment to respect the collective rights of indigenous people under international legal instruments such as the International Labour Organization’s Convention 169,” said Lucia Xiloj, attorney and member of the CPO legal team.



With over 360 mining licenses issued and more than 600 pending, Guatemala’s mining sector has been in the spotlight for increasing conflict and violence across the country. At the root of these conflicts is the lack of respect for free, prior and informed consent of affected communities at the project and policy level.



Nearly a million people have voted against mining on their territories in 78 community referenda held throughout Guatemala since 2005. A public opinion survey published in January 2013 further demonstrated that some 66% of Guatemalans are opposed to mining. Nonetheless, neither the government nor the mining companies have respected community decisions; instead repression against those opposed to mining has intensified.

“The conflict, which has at its root the violation of the right to consultation, has resulted in targeted attacks and death, as well as the criminalization and persecution of community leaders,” said Lolita Chavez, member of the CPO and a signatory on the IACHR complaint.



According to the Agreement on Identity and Rights of Indigenous Peoples in Guatemala’s Peace Accords, the American Convention on Human Rights, the International Labour Organization Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples, Guatemala is obliged to respect the right of indigenous peoples to free, prior and informed consent for any project that could adversely impact them, and to consult with them before passing laws or administrative initiatives that would affect their rights.
 


“A favorable response from the Inter-American Commission on this case is vitally important, given that the current mining law has allowed Canadian and U.S. mining companies in particular to exploit indigenous territories with complete disregard for indigenous peoples' decision-making processes regarding their lands and resources,” said Kris Genovese, Senior Attorney with the Center for International Environmental Law in Washington D.C.



The Western People’s Council is a coalition of indigenous authorities and institutions from seven departments of Guatemala. The complaint filed in the IACHR has 32 signatories representing 8 indigenous groups that make up the Western Peoples’ Council. Each signatory was elected during community assemblies carried out during the weeks leading up to the filing.
 


Contacts
  • Ellen Moore, NISGUA, ellen(at)nisgua.org, (510) 868-0612
  • Jen Moore, MiningWatch Canada, jen(at)miningwatch.ca, (613) 569-3439 
  • Amanda Kistler, Center for International Environmental Law, akistler(at)ciel.org, (202) 742-5832

Background 




In May, the military was sent into indigenous and non-indigenous communities in the area of Tahoe Resources’ Escobal silver project south of Guatemala City, following increased violence in the region, including a shooting against protesters demonstrating peacefully outside the mine site. The company’s head of security and his advisor are currently awaiting trial for their alleged involvement in ordering and then covering up evidence of the attack.



Tahoe Resources is a spin-off from Goldcorp, which sold the Escobal project to Tahoe in 2010 and which now holds 40% of Tahoe’s shares and multiple positions on its board of directors. Goldcorp’s Marlin mine in the northwestern highlands of Guatemala has been the source of continuing tensions over lack of respect for indigenous rights and land, and impacts on water supplies and public health.



For nearly a year and a half, community members in La Puya, just north of Guatemala City, have been peacefully blocking entry to the Tambor mine project currently in the hands of Kappes Cassidy & Associates, which took over the project from Vancouver-based Radius Gold in August 2012 following the shooting of Yolanda Oquelí. Community members opposing the project have faced repeated threats from company workers during the last ten months, despite entering into a high-level dialogue with the government in June.



In August, Rights Action reported that female plaintiffs are facing intimidation and harassment for having brought three lawsuits against Toronto-based Hudbay Minerals regarding the gang rape of a group of women during a forced eviction in 2007 and shootings in 2009 in the eastern municipality of El Estor. The lawsuits are taking place in an Ontario court and mark the first time that alleged human rights abuses regarding a foreign-owned subsidiary have been admitted against a parent company in Canada.


CPO Communiqué: The Council of Maya and Xinca Peoples Denounces the Guatemala State in the Inter-American Commission on Human Rights

On February 28, 2013, the Guatemalan Constitutional Court dismissed the Council’s challenge of unconstitutionality filed against the mining law on March 12, 2012. 

As a result of leaving the current Mining Law in force, the State of Guatemala violates its responsibilities under international law, under which it is obliged to guarantee the effective exercise of our rights to political participation, consultation and consent regarding such legislation.

The collective and individual human rights that have been violated by the State of Guatemala are:

a.    Political Rights – the rights to participation, consultation and consent as recognized in article 23.1 of the American Convention on Human Rights (The Convention).
b.    Right to equality under the law as recognized in article 24 of the Convention.
c.    Right to legal guarantees and judicial protection – right to access to justice – as per articles 8.1 and 25.1 of the Convention, in relation to articles 1.1 and 2 of the Convention.

Based on the description of the facts and declaration of the rights that have been violated; we request that the Inter-American Commission on Human Rights:

a.    Proceed with the analysis of our case and request the relevant observations from the state of Guatemala;
b.    Emit the pertinent report regarding admissibility of the case;
c.    Determine the responsibility of the state of Guatemala for violation of articles 23.1.a., 24, 8.1, and 25.1, related to articles 1.1 y 2 of the Convention through the elaboration of an in-depth report.

Thursday, August 29, 2013

Urgent Communique: Detention of Leaders from Santa Cruz Barillas


On Tuesday, August 27, Saúl Aurelio Méndez Muñoz and Antonio Rogelio Velásquez López, community leaders opposed to the imposition of the Cambalam hydroelectric project, operated by Hidro Santa Cruz, property of Spanish company Hidralia S.A., were arrested outside of a Guatemala City courthouse. Saúl and Antonio had traveled to the capital from Santa Cruz Barillas for a hearing regarding the permanent closure of a previous legal process against them, for which they were arbitrarily detained in May 2012 and unjustly imprisoned for eight months.

Their detention is the continuation of the systematic persecution and criminalization of community leaders defending their right to consultation and self determination. Earlier this year we reported on the unjust detention and imprisonment of Rubén Herrera, another Barillas leader criminalized due to his opposition to the hydroelectric project. Thanks in part to your support, Rubén was released and his case was provisionally closed in May. Today NISGUA stands in solidarity with Saúl and Antonio, and join partner organizations and communities in demanding their immediate release!

Read the NISGUA translation of the urgent communique below. See the original Spanish version here.


TO NATIONAL AND INTERNATIONAL PUBLIC OPINION:

Despite repression and human rights violations, the Q'anjobal people of Santa Cruz Barillas have defended their territory through community consultations on the installation of a hydroelectric dam, property of the Spanish company Hidralia S.A.

However, the state does not respect community consultations. As a result, the community has lived through diverse moments of struggle, among those the murder of Barillas resident, Andrés Pedro Miguel, on May 1, 2012, the same day the local population generated a series of disturbances.

The next day, the following people were captured: Antonio Rogelio Velásquez López, Saúl Aurelio Méndez Muñoz, Marcos Mateo Miguel, Ventura Juan, Amado Pedro Miguel, Pedro Nuñez, Joel Gaspar Mateo, Diego Juan Sebastián, Andrés León Andrés.

The nine leaders were illegally detained, an act that has been sufficiently proven in the press, as well as in an international complaint presented in Geneva to the working group on illegal detention, case number 46/2012, which called on the state to liberate the detained. The case also called for the  documentation of all the human rights abuses to which the detained were subjected. As a result the  Human Rights Ombudsman emitted the resolution Ref. Exp. Ord. Gua. 7245-2012/DCP. On January 9, the legal process was provisionally closed and the men were released from prison.

On August 27, the nine men were to appear in front of High Risk Crimes Court A to close the process. While entering the courthouse, Saúl Aurelio Méndez Muñoz and Antonio Rogelio Velásquez López were detained by people dressed as civilians who identified themselves as agents of the Specialized Division for Criminal Investigation (DEIC) of the National Civil Police. The detained were moved outside of the courthouse and sent to the offices of the DEIC where they were photographed, supposedly for the press. However, these actions do not address the situation of their illegal detention.

This act forms part of a constant persecution against the leaders of the resistance in Barillas, Huehuetenango. At its heart, the persecution is the result of political opinions regarding development in the municipality where the population has opposed the extractive model imposed by the state and transnational companies.


WE DENOUNCE:

The capture of Saúl Aurelio Méndez Muñoz and Antonio Rogelio Velásquez López on August 27, 2013 when they entered the High Risk Crimes Court A in order to conclude their legal process.

The human rights violations against the leaders of Barillas for their legitimate opposition to the installation of the hydroelectric project.

The granting by the Ministry of Energy and Mines of the license for the installation of the hydroelectric dam without the consent of communities that have the legitimate right to determine their own development.

WE DEMAND:

The immediate liberation of Saúl Aurelio Méndez and Antonio Rogelio Velásquez.

An end to the repression against the population of Barillas who are struggling to defend their territory.

The cancellation of the license granted to Hidro Santa Cruz S.A. for the repression that they have carried out against the communities.


COORDINATION AND NATIONAL CONVERGENCE MAYA WAQIB'KEJ

Guatemala, August 28, 2013

Friday, July 12, 2013

Urgent communique denouncing assassination of Santos Fidel Ajau Suret, member of La Puya encampment

On Tuesday, July 9, Santos Fidel Ajau Suret, a member of the ongoing peaceful resistance at La Puya, was assassinated. The MadreSelva Collective released the following communique denouncing his assassination. Translation by NISGUA, in Spanish here. 


Urgent Communique
We denounce the cowardly assassination of Santos Fidel Ajau Suret, activist of La Puya encampment

Santo Fidel Ajau Suret, 54 years old, member of the community of San Antonio El Ángel and activist at the La Puya encampment, was the victim of a cowardly assassination on Tuesday, July 9, while on his way home.

We reject this vile murder, carried out at 5:15 PM by two men driving motorcycles on the dirt road that connects San Jose del Golfo to the community of San Antonio El Ángel. Mr. Fidel was shot three times in the back followed by two coup de grace.

We also denounce that on the same night, July 9, unknown men fired gunshots outside the home of Yolando Oquelí in San José del Golfo.

The modus operandi of this murder is similar to the previous attempt on the life of Yolanda Oquelí in June of last year. This past Sunday, Santos Ajau received threats from people known to have participated in acts of harassment organized by the mining company. Throughout the month of June and continuing until now, the resistance at the La Puya encampment has been subject to harassments and threats, including gunshots.

The community members of San José del Golfo and San Pedro Ayampuc oppose the installation of the mining project Progreso VII Derivada, authorized by the Ministry of Energy and Mines without the consent of impacted communities. The mining project is the property of the US. company Kappes Cassiday & Associates (KCA). The investors in this project have launched a campaign of harassment and threats against the lives of members of La Puya resistance, contracting ex-military who were active during the internal armed conflict. This is the case of retired military personnel Pablo Silas Orozco who led the aggressions against activists at La Puya. Orozco has been criminally charged for threats against members of the press who were physically and verbally accosted by Orozco during November of last year.

The communities that form the resistance at La Puya are participating in preliminary meetings with the maximum authorities of the country, including President Otto Pérez Molina and the Ministry of the Interior, the Ministry of Energy and Mines and the Ministry of the Environment and Natural Resources to demand the cancellation of the Progresso VII Derivada mining project. To the above-mentioned authorities: we demand the immediate cancellation of mining and hydroelectric licenses granted to companies that have carried out criminal actions against the population. An example of which are the cases of Ecoener Hidralia Energia – Hidro Santa Cruz in Huehuetenango, Mina San Rafael – Tahoe Resources in Santa Rosa and Kappes Cassiday & Associates – KCA.

Stop the assassination of those defending life and territory!

We demand a thorough investigation into the vile assassination of Santos Fidel Ajau Suret!

The government of Pérez Molina must cancel the licenses for extractive industries companies that have carried out criminal actions against the Guatemalan people!


Yes to life, No to mining!


Tuesday, July 2, 2013

Hundreds accompany the Ixil people on their Day of Dignity

Several hundred traveled from Guatemala City to Nebaj on June 21-22 with the
"Caravan for the Dignity of the Ixil People and Against Genocide". Photo: NISGUA

Ixil authorities welcome organizations to Nebaj. Photo: NISGUA

Each year on June 22, the Ixil people remember their martyrs and heroes. The day commemorates seven principal Ixil leaders who rose up in resistance and called for the dignity of their people in the face of forced labor under the Jorge Ubico dictatorship. On the morning of June 22, 1936, military troops arrived from Santa Cruz Quiché and Sacapulas to squash the resistance and soldiers shot and killed the seven Ixil leaders. The Ixil people have reclaimed June 22 as their Day of Dignity. For a more detailed account of the 1936 rebellion and massacre, see this article (in Spanish).

This year, in mark of the historic verdict for the Ixil people in the genocide case, a caravan of activists and supporters traveled from Guatemala City to Nebaj to celebrate the Day of Dignity and commemorate the seven massacred leaders with the Ixil people. In a moving demonstration of the lasting importance of the genocide sentence, regardless of the trial annulment, the Center for Human Rights Legal Action and the Association for Justice and Reconciliation presented Ixil leaders with three bound copies of the genocide sentence for the people of Nebaj, Chajul and Cotzal.


CALDH and the AJR present the genocide sentence in Nebaj.
Foreground sign "To tell the truth is not a crime". Photo: NISGUA

Ixil leaders proudly hold the genocide sentence.
Photo: Marcha indígena campesina y popular
Indigenous leaders from all over Guatemala also joined the Day of Dignity activities in solidarity with the Ixil people. In addition, an assembly of indigenous authorities formed in Nebaj to concretely plan activities for August 9, the International Day of Indigenous Peoples. Together, the authorities drafted a declaration based on their meetings. Below we share our translation of the declaration. Read the Spanish version here.



The Ancestral Indigenous Maya and Xinka Authorities of the 48 Communities of Totonicapán, the Mam Nation, the Xinka People, the Pokoman, Kaqchikel, Uspanteko, and Ixil Peoples


We are gathered together in the heart of the Ixil region, specifically in Nebaj, first to commemorate the 1936 uprising of the principal leaders of the Ixil people, of which 7 were shot by the Jorge Ubico dictatorship, and then to share our experiences, our struggles, our resistance and resilience, our joys, our sadness, our laughing, our weeping, our dreams, our frustrations, our past and our future:


WE HAVE AGREED TO CARRY OUT THE FOLLOWING DECLARATION FROM NEBAJ


To reaffirm that we are not the descendants of defeated or subjected people and heroes. Throughout the last five centuries, thousands of uprisings in defense of life and territory have been recorded, such as those of our ancestors Atanasio Tzul, Lucas Akiral, Aj Poop B’atz’, Manuel Tot, and the principal leaders of the Ixil people in 1936, among many others.




To value the struggle, resistance and participation of women, rural farmworkers, students, professionals, people defending their rights, their natural resources and territories in the face of extractive policies such as those in San José El Golfo, San Pedro Ayampuc, Rio Hondo Zacapa, the Chorti People, among others.



To continue the resistance of our people and communities based on our common history, looking towards the future in the construction of the good life in a plurinational, democratic and just state.



To celebrate the International Day of Indigenous Peoples on August 9 of the present year, together with the rest of the Guatemalan people and as peoples with the same past, present and future.



To strengthen our community authorities, our processes of organizing, our thoughts, feelings and community decision-making practices and to act in a collective manner for the satisfaction of our needs and defense of our rights.



To call on all of Guatemala's ancestral indigenous authorities and social organizations that already participate in defense of our rights and territory, as well as the Garífuna people to participate in the celebration on the International Day of Indigenous Peoples, and to support other actions that our peoples' authorities put forward.



We reject all resolutions, attempts, proposals or initiatives that attempt to declare invalid, or try to regulate from a Western viewpoint, the community consultations which have been carried out, are carried out, and will continue to be carried out by our peoples.



We reject any measure stemming from the government which exclude and repudiate our right to decide over the future of our peoples and our country.

"May the dawn break, may the first light arrive, 

may the people have life and useful existence"


Council of Maya Ixil Authorities, Board of Directors of the Communal Mayors of the 48 Communities of Totonicapán, the Council of the Maya Mam Nation, Xinka Parliament, Kaqchikel, Uspanteka and Pokomam Indigenous Authorities, and the National Council of Ancestral Authorities.

Nebaj, waq’ib’ aq’b’al, junab’ jun iq’, jun katún, kajlajuj b’aqtun


Nebaj, June 22, 2013

Wednesday, April 17, 2013

Genocide on Trial, Days 17 & 18: AJR Responds to Efforts to Delegitimize the Trial

NISGUA continues live coverage of the trial in Guatemala of Efraín Rios Montt and Mauricio Rodríguez Sánchez for genocide and crimes against humanity.


Read our previous summaries: Day 1, Day 2, Day 3, Day 4/5, Day 6, Day 7, Day 8, Day 9, Day 10, Day 12, Days 13/14, Days 15/16 and full archive of ongoing live Twitter coverage.

Days 17 and 18 of the genocide trial continued with expert testimonies, called by both the prosecution and defense. Expert Héctor Rosada Granados, a Guatemalan political analyst, opened day 17 and testified on the Guatemalan military's structure, ideology and chain of command. Rosada explained, "Guatemala's National Security Doctrine has its basis in the Cold War, in a climate of polarization between capitalism and communism."
University of Arizona Professor, Elizabeth Oglesby, testified on her experience studying displacement in the Ixil region while completing anthropological research with Myrna Mack. Eduardo Vasquez Arriaza followed Oglesby and complimented her testimony with maps of the displacement of the Ixiles during the conflict. Rodolfo Robles, a Peruvian former army general, dominated the afternoon's testimonies for the prosecution. Robles, who has previously testified in the Guatemalan case of the Dos Erres massacre and also against Peruvian ex-President Alberto Fujimori, provided a wealth of information around military terminology and command.
Judge Barrios ended day 17 reminding the defense team to come prepared to present their witnesses the next morning. The defense called two witnesses on Day 18 - Mauricio Illescas García, former lieutenant during Ríos Montt's regime, and Alfred Antonio Kaltschmitt Luhan, director of FUNDAPI (the Foundation to Aid the Ixil Indigenous People) and frequent right wing public commentator. The defense, however, was not prepared with more witnesses. Instead, the courtroom turned their attention to the prosecution's video evidence of 1982 interviews conducted by documentary filmmaker Pamela Yates. Viewing the three interviews with Efraín Ríos Montt, General Luis Gordillo Martínez and General Horacio Maldonado Schaad created a truly eery atmosphere in the courtroom on Tuesday afternoon. Ríos Montt was forced to watch his younger self, projected on the courtroom wall, proclaim, "If I can't control the army, then what am I doing?"

For additional coverage of the trial's expert testimonies from days 17 and 18, we recommend Kate Doyle's excellent summaries from Monday and Tuesday and journalist Xeni Jardin's account from inside the courtroom here.

Outside the courtroom, efforts continue to try to delegitimize the genocide case. A 10-page paid insert titled "The Farce of Genocide in Guatemala: a conspiracy perpetrated by Marxists with the Catholic Church" was published in Guatemala City-based newspaper El Periódico on Sunday, April 14. On Tuesday, two Guatemalan newspapers ran a false paid political advertisement in the name of the Association for Justice and Reconciliation (AJR). We have translated the AJR's statement in response to the ad below. You can view the original statement in Spanish here.


Statement by the Association for Justice and Reconciliation
The false paid political ad, published April 16th, is a new form of “dirty war”
Translation by NISGUA

On Tuesday, April 16, a false paid political advertisement was published in two Guatemalan newspapers, featuring the logo of the Association for Justice and Reconciliation (AJR) and the logo of an alleged "Movement for Guatemalan Progress," unknown to our organization until now. [This paid ad] opens a new chapter in the campaign of disinformation against social organizations that work for justice and against impunity.

The malicious and false publications previously mentioned show the photograph of a woman who is unaffiliated with the AJR, as well as an image of the AJR's logo extracted from a snapshot of the AJR's website where it is published. This implies multiple violations of the law as well as a clear intention to act through all available means with deceptive tricks characteristic of a “dirty war,” illustrating the mentality of its authors.

The AJR categorically rejects this apocryphal publication, which adds to the libel that came to light publicly on Sunday, April 14 of this year, which aims to confuse the Guatemalan population and revive the monsters of the psychological counterinsurgency warfare of the 1980s. Likewise, we announce that we have initiated the corresponding legal actions in order to find who, lacking all ethics, is responsible for publishing these types of documents and to identify what individual or legal entities orchestrated this campaign, which bears the mark—in form and content—of an intelligence operation, anachronistic and outdated, in accordance with the backwards mentality of groups that remain frozen in the past.

The AJR, as the plaintiff in the case accusing José Efraín Ríos Montt and José Mauricio Rodriguez Sánchez of genocide in the Ixil region between 1982 and 1983, deplores the attempt to use dishonest practices to hinder and discredit the current judicial process. We call on the population, organizations and institutions to reject reactionary methods so that we can advance toward a future of reconciliation, with justice and full respect for the individual and collective rights of all Guatemalans.


NISGUA has provided human rights accompaniment to the witness' organization, the Association for Justice and Reconciliation, and their lawyers, the Center for Human Rights Legal Action since 2000. We will continue to bear witness to the truth and bravery of these survivors throughout this historic trial. To bear witness with us, stay tuned to our ongoing live Twitter coverage @NISGUA_Guate, like our Facebook page and sign up for email updates.

You can take action to support these brave witnesses! Sign our pledge to commit to following the genocide trial and take a photo for justice with your friends.

Friday, April 12, 2013

Attacks Continue against Peaceful Resistance in San Rafael Las Flores

Police in San Rafael las Flores, April 11 Source: resistencapacificaelescobal.blogspot.com

While representatives from mining affected communities from throughout Mesoamerica gathered in Huehuetenango to discuss strategies to confront the expansion of mining in their territories, the peaceful encampment in San Rafael Las Flores was violently evicted by members of the National Police. At the time of this writing at least 29 people have been detained and many more were injured in the attack.

Since Monday, April 8, men, women and children from the municipality of San Rafael Las Flores have been peacefully gathered on privately owned land in an ongoing expression of their opposition to the exploitation license granted to Minera San Rafael, the Guatemalan subsidiary of Tahoe Resources.

The encampment had publically and repeatedly expressed their intention to peacefully occupy the land in order to voice their opposition to the recently approved project. On the day of the eviction community leaders denounced acts of provocation by unidentified individuals in a vehicle similar to those used by the mine private security. Instead of investigating the provocations or engaging in dialogue with the encampment, the Government of Guatemala chose to violently evict the peaceful resistance.

The exploitation license was granted in a climate of increasing violence and despite the ongoing criminal investigation into Minera San Rafael for industrial contamination. Community members have repeatedly expressed their rejection of Tahoe’s Escobal project through community consultations, carried out throughout the mining affected region.

We join the Mesoamerican Movement Against the Extractive Mining Model (M4) in denouncing the violent eviction of the peaceful encampment. Please read the recent M4 statement below.



STATEMENT
Translation by NISGUA

THE MESOAMERICAN MOVEMENT AGAINST THE EXTRACTIVE MINING MODEL/ M4

Declaration to the national and international community:

With respect to the violent repression against the community of San Rafael Las Flores, Santa Rosa, on behalf of the public security forces with the complicity of the San Rafael mine for expressing their inconformity regarding the granting of the exploitation license by the Guatemalan Government, we hereby denounce the negative impacts of the recent violations of human rights and rights of the environment.

For this reason:

WE DEMAND that the Government of Guatemala and the other pertinent institutions, to end the persecution, harassment, intimidation, psychological, and physical violence carried out during the recent days that has disturbed the peace and harmonious coexistence which guarantee the development and integrity of indigenous peoples.

WE DEMAND the immediate liberation of our brothers and sisters who were detained during the events of Thursday, April 11, of the current year.

WE DEMAND justice and reparations for all of those affected by this act which was carried out by the national police and disguised agents who employed excessive and brutal force.

WE DEMAND respect for the right to peacefully protest and for the collective right to be heard through the community consultation process, which has demanded the departure of the company.

To the community of San Rafael Las Flores in resistance to mining we convey our immense solidarity in response to the events of today.

WE REJECT THE ATTACKS AGAINST THE COMMUNITY IN PEACEFUL RESISTANCE IN SAN RAFAEL LAS FLORES, IN DEFENSE OF LIFE AND TERRITORY.

For the respect of natural resources and human rights we demand justice and liberty.

From Canada to Panama, mining will not advance!

Guatemala, April 11, 2013


NISGUA has been accompanying the consultation processes in the communities surrounding the Tahoe Resources mine site since 2011. 

Monday, April 8, 2013

Mining license approved in wake of violence, investigation into murder pending

Today, NISGUA and the International Coalition against Unjust Mining in Guatemala (CAMIGUA), presented a petition with over 4,000 signatures to Guatemalan Attorney General Claudia Paz y Paz asking her to launch an investigation into the murder of Xinca leader Exaltación Marcos Ucelo. Ucelo was abducted, together with three other Xinca leaders, while returning from a community consultation on mining in San Rafael Las Flores. Last week, despite ongoing violence against community leaders and their allies, the Guatemalan government granted Tahoe Resources an exploitation license for the Escobal project in San Rafael las Flores.

In the below press release, NISGUA, in coalition with CAMIGUA, denounces the granting of the license in this context of increasing violence. NISGUA has accompanied communities and organizations resisting Tahoe's Escobal project since 2011.



FOR IMMEDIATE RELEASE
April 8, 2013
Mining license approved in wake of violence, investigation into murder pending




(Washington DC, Ottawa, Guatemala City) – After more than two years of delay, the Guatemalan Minister of Energy and Mines (MEM) announced on Wednesday, April 3, that it had approved the exploitation license for Tahoe Resources’ Escobal mine in San Rafael Las Flores, Guatemala. The announcement comes less than two weeks after four indigenous Xinca leaders were abducted while returning from a community referendum in El Volcancito, in the municipality of San Rafael Las Flores, in which more than 99 percent of people voted against the project. One of those abducted was found dead the next day.


“That MEM issued the license while the investigation of our friend Exaltación Marcos Ucelo’s murder is still pending is not only an affront to Exaltación’s memory, but it is also a violation of our right to consent,” said Roberto González, President of the Xinca Parliament, who was one of the four abducted, only to be released hours later. “If there is impunity for outright murder, how can we expect the Guatemalan government to protect us from harmful contamination generated by mining operations?”

More than 4,300 individuals from 42 countries have signed a letter to Guatemalan Attorney General Claudia Paz y Paz, requesting her office involve the International Commission Against Impunity in Guatemala (CICIG) to carry out a robust investigation into the attack and murder. The letter also urges the government to protect human rights and environmental defenders as they exercise their rights to live in a safe and healthy environment and to free, prior and informed consent.

“That this license was issued at all is a miscarriage of justice,” said Kristen Genovese, Senior Attorney at the Center for International Environmental Law. “The context of escalating violence only highlights what any impartial observer can see: the Escobal project does not have the social license to operate. Thus far the Guatemalan government has prioritized mining interests over justice and the protection of human rights, and it’s time for the CICIG to step in.”

According to declarations by Rafael Maldonado of the Center for Legal, Social and Environmental Action in Guatemala at a press conference on Thursday, the process to approve the license was “illegal, arbitrary and obscure.” He added that the license approval comes amidst ongoing reports of intimidation, violence, and provocation perpetrated by armed, clandestine groups allegedly linked to the mine private security and the State security apparatus.

“The attack against the Xinca leaders is one of a growing number of acts of intimidation and violence against communities and their allies resisting the Tahoe project,” said Ellen Moore, staff at the Network in Solidarity with the People of Guatemala. “Indeed, since the license was issued on Wednesday, there has been a spike in threats against vocal mine opponents. The more than 4,300 signatures from around the world echo the call by Guatemalan communities for an end to the impunity that continues to benefit transnational companies at the expense of local communities.”

Local and national human rights and environmental organizations have already announced their intention to challenge the legality of the mining license (SEXT-015-11). There is also an open criminal complaint against the mine for industrial contamination of the Los Esclavos River.

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Center for International Environmental Law (CIEL) is committed to strengthening and using international law and institutions to protect the environment, promote human health, and ensure a just and sustainable society. CIEL is a non-profit organization dedicated to advocacy in the global public interest, including through legal counsel, policy research, analysis, education, training and capacity building.


The Network in Solidarity with the People of Guatemala (NISGUA) links people in the U.S. and Guatemala in the grassroots global struggle for justice, human dignity and respect for the Earth.

Licencia minera aprobada en contexto de violencia, pendiente investigación sobre asesinato

Hoy NISGUA y La Coalición internacional contra la minería injusta en Guatemala  (CAMIGUA) presentaron una petición con más de 4000 firmas a la Fiscal General Claudia Paz y Paz pidiendo que ella se realice una investigación sobre la muerte del líder Xinca, Exaltación Marcos Ucelo. Ucelo regresaba de una consulta comunitaria sobre la minería en San Rafael Las Flores cuando fue secuestrado, junto con tres otros lideres Xincas. 

La semana pasada, a pesar de estos hechos violentos contra lideres comunitarios y sus aliados, el gobierno guatemalteco aprobó una licencia de explotación para el proyecto minero Escobal de Tahoe Resources en San Rafael Las Flores.



En el siguiente comunicado de prensa, NISGUA, en coalición con CAMIGUA, denuncia la aprobación de la licencia en un contexto de violencia creciente. 

NISGUA ha acompañado a las comunidades y organizaciones que resisten al proyecto minero Escobal de Tahoe Resources desde el 2011.




PARA DIFUSIÓN INMEDIATA:

8 de abril, 2013

Licencia minera aprobada en contexto de violencia, pendiente investigación sobre asesinato

(Washington DC, Ottawa, Ciudad de Guatemala) – Después de más de dos años de retraso, el Ministro de Energía y Minas de Guatemala anunció el miércoles, 3 de abril, la aprobación de la licencia de explotación para el proyecto minero Escobal de Tahoe Resources en San Rafael Las Flores, Guatemala. La aprobación ocurre a menos de dos semanas después del secuestro de cuatro líderes indígenas del pueblo Xinca mientras que regresaban de la consulta comunitaria en el Volcancito, San Rafael Las Flores, en la cual más de 99% de la población votó en contra del proyecto. El próximo día, uno de los secuestrados fue hallado muerto.

“Mientras que el Ministro de Energía y Minas otorga la licencia minera, la investigación sobre la muerte de nuestro compañero Exaltación Marcos Ucelo sigue pendiente. Eso, no solo es una ofensa a la memoria de Exaltación, sino también es una violación de nuestro derecho a ser consultados,” dijo Roberto Gonzáles Presidente del Parlamento Xinca, que también fue secuestrado y liberado horas después. “Si prevalece la impunidad de un asesinato, ¿qué podemos esperar del gobierno guatemalteco cuando la mina contamina nuestros territorios?”

Más de 4,300 individuos de 42 países han firmado una carta a la Fiscal General, Claudia Paz y Paz, pidiendo que su oficina involucre a la Comisión Internacional contra la Impunidad en Guatemala (CICIG), para llevar a cabo una investigación robusta sobre este ataque y el asesinato. La carta también exige al gobierno proteger los derechos humanos y a los defensores del ambiente, mientras que ejercen sus derechos de vivir en un medio ambiente seguro y saludable, tanto como el derecho a la consulta libre, previa e informada.

“La aprobación de esta licencia es injusta,” dijo Kristen Genovese, abogada del Centro para el Derecho Internacional Ambiental. “La intensificación de la violencia solo resalta lo que a cualquier observador imparcial puede percibir: que el proyecto Escobal no tiene la licencia social para operar. Hasta ahora el gobierno de Guatemala prioriza las licencias mineras encima de la justicia y la protección de los derechos humanos, y ya es hora que la CICIG intervenga.”

En una conferencia de prensa el jueves 4 de abril, Rafael Maldonado del Centro de Acción Legal Ambiental y Social de Guatemala (CALAS), explicó que el proceso de aprobación de la licencia era “ilegal, arbitrario e oscuro.” Agregó que, la otorgación de la licencia viene en medio de reportes de intimidación, violencia y provocación perpetuado por grupos armados clandestinos que presuntamente se les asocia a la seguridad privada de la mina y al aparato de seguridad del Estado.

“El ataque contra los lideres Xinca es uno de varios actos de intimidación y violencia contra las comunidades y sus aliados que están en resistencia al proyecto de Tahoe,” dijo Ellen Moore de la Red en Solidaridad con el Pueblo de Guatemala. “Por cierto, desde que se otorgó la licencia el pasado miércoles, han aumentado las amenazas contra opositores visibles a la mina. Las más de 4,300 firmas de la comunidad internacional se suman al llamado de las comunidades en Guatemala de poner fin a la impunidad que continua beneficiando a las empresas transaccionales a costa de las comunidades de dicha localidad.”

Organizaciones locales y nacionales de derechos humanos y ambientales ya han anunciado su intención de recurrir a acciones legales para cuestionar la legalidad de la licencia minera (SEXT-015-11). Ya que existe una demanda penal abierta contra la mina por contaminación industrial del río Los Esclavos.
-//-

Centro para el Derecho Internacional Ambiental (CIEL) se ha comprometido a fortalecer y aprovechar las leyes e instituciones internacionales para proteger el medio ambiente, promover la salud humana y garantizar una sociedad justa y sostenible. CIEL es una organización sin ánimo de lucro dedicada a la incidencia para el bien común global proporcionando asesoramiento jurídico,  investigación política, análisis, educación y construcción de capacidad.

La Red en Solidaridad con el Pueblo de Guatemala (NISGUA) conecta gente de los Estados Unidos y Guatemala en la lucha global para la justicia, dignidad humana y respeto para la Tierra.

Thursday, April 4, 2013

Exploitation License Granted for Tahoe Resources Escobal Project in Context of Escalating Violence


Communities in the departments of Santa Rosa and Jalapa have been peacefully resisting the proposed Escobal silver mine, operated by Minera San Rafael, Guatemalan Subsidiary of Canada's Tahoe Resources for more than three years. Since 2011, residents have carried out eight community consultations in which more than 35,000 people have rejected chemical mineral mining on their territory. "The Minera San Rafael does not have the social license to operate and they are never going to have the social license to operate," stated Oscar Morales from the Committe in Defense of Life and Peace of San Rafael Las Flores. 

Despite this ongoing community opposition, on April 3 the Guatemalan authorities granted Tahoe Resources the final permit necessary to begin mineral exploitation.

This morning community, human rights and environmental organizations held a press conference to highlight the numerous illegalities of the Escobal exploitation license and to denounce the context of escalating violence, specifically the recent abduction of four Xinca leaders. Representatives from communities surrounding the mine site called for an investigation of the attack against the Xinca leadership, which resulted in one death, and demanded respect for their rights to free, prior and informed consent over the mine project.

Press conference to denounce granting of license (Photo: C.P.R.Urbana)
Yuri Melini and Rafael Maldonado of the Center for Environmental and Social Legal Action (CALAS), the legal team supporting the peaceful community resistance to the project, also denounced the multiple attacks perpetrated against them on the same day that the Tahoe license was granted. Three gun shots were fired at the CALAS office, while Maldonado's home was ransacked for the second time in two weeks. In a interview with Guatemala's Plaza Publica, Maldonado states, “It was a direct message from the mine because we have been accompanying the entire process of legal opposition, as well as in the community consultations.”


PRESS RELEASE
Translation by NISGUA

IN RESPONSE TO THE ILLEGAL APPROVAL OF THE MINERAL EXPLORATION LICENSE IDENTIFIED AS SEXT-015-11 ESCOBAL of
MINERA SAN RAFAEL, S.A.

WE EXPRESS

1. Our profound rejection of the illegal means by which the exploration license was granted to Minera San Rafael S. A., a company formally accused of the industrial contamination of the El Escobal ravine, a direct tributary of the Los Esclavos river. The criminal complaint, identified as file 1048-2012, is investigated by the Pollution Prosecution Unit of the Public Prosecutor's Office on Crimes Against the Environment and is subject to the judicial oversight of the Court specialized in Criminal, Narcotics and Crimes against the Environment in the department of Santa Rosa. On September 10, 2012 the aforementioned Court confirmed the denouncement of the blatant industrial contamination, a situation that makes the approval of the granted license totally invalid.

2. The serious violation of the Rule of Law committed by the Ministry of Energy and Mines in refusing to process the more than 250 administrative objections to the approved mining license, which were presented by citizens of the affected municipalities. The affected citizens were notified of the arbitrary and illegal decision to dismiss the objections in the exact same moment in which the license was granted. This administrative decision, in addition to being illegal, represents a series of violations of the fundamental rights of the affected citizens in accordance with articles 46, 47, 48 and 49, which regulate administrative objections. The aforementioned articles demonstrate that there are no legal means to dismiss the [administrative] process.

3. Our complete disappointment in the attitude assumed by the Ministry of Energy and Mines who, in clear violation of the prevalence of the common good over the individual, ignored the community consultations carried out in the municipalities of Casillas, Nueva Santa Rosa and Santa Rosa de Lima, as well as the community consultations held in the communities of San Rafael Las Flores, during which more than 98% of the population rejected the development of this illegally approved mining project.

4. Our complete condemnation of the violation of the right to access the file of the approved license, perpetrated by the office advisor of the Ministry of Energy and Mines, Justina Solís, and the General Secretary of the Ministry of Energy and Mines, María Mercedes Bonilla, who denied Yuri Giovanni Melini Salguero, General Director of CALAS, Moisés Divas Santos and Quelvin Otoniel Jiménez access to the requested file. This situation raises suspicion that the license had not yet been legally granted and was immediately reported to the Human Rights Ombudsman.

5. Finally, considering the evidence and the glaring illegalities that the Ministry of Energy and Mines has committed in granting the license to Minera San Rafael, we commit to exhausting all constitutional, administrative and criminal legal actions in order to invalidate the approved license, and to request an immediate criminal investigation by the Public Prosecutor’s Office, so that the government officials responsible for this violation of national judicial regulation are punished.


Center for Environmental and Social Legal Action (CALAS)
The Diocesan Commission in Defense of Nature (CODIDENA)
Committee in Defense of Life and Peace of San Rafael Las Flores
Xinca Peoples' Parliament of Guatemala (PAPXIGUA)


Guatemala City, April 4, 2013




NISGUA has been accompanying the consultation processes in the communities surrounding the Tahoe Resources mine site since 2011.