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.

Pressure to construct Xalalá hydroelectric dam; Local opposition remains strong

The following is a summary of an in-depth report published by ACOGUATE on January 22, 2014 and translated by NISGUA. Read the full report, Pressure to Construct Xalalá Hydroelecrtic Dam; Local Opposition Remains Strong. 

Cultivated fields would be flooded by the Xalalá dam.

Nearly two years after the Guatemalan government announced its renewed interest in constructing the Xalalá Hydroelectric Dam, communities maintain strong opposition to the project in the three affected municipalities: Ixcán, Uspantán, and Cobán. 

The Xalalá Hydroelectric Dam was first proposed in the 1970s. Declared of “national interest,” it figured prominently in the Master Plan for National Electrification and the Northern Transversal Strip (FTN), a political-economic vision for land use, industrialization, and natural resource exploitation. If constructed, the Xalalá Dam would be the second largest hydroelectric dam in the country, producing an estimated 181 megavolts and flooding the lands of some 58 communities in three municipalities.

Community opposition consolidated after the 2007 community consultation held in the municipality of Ixcán, in which more than 90% of the population rejected the construction of hydroelectric dams such as Xalalá. In 2009, the municipality of Uspantán followed suit, holding a community consultation in which 90% of their population also rejected the construction of hydroelectric dams.

Despite the two referenda and strong community opposition to the project, the Xalalá Hydroelectric Dam continued to be a priority both for the Guatemalan government and for companies. Five months after the first referendum in 2007, the State opened bidding for the construction of the Xalalá Dam; one year later the bidding process was closed with no proposals received. 

According to the Association of Communities for Development, Defense of Territory and Natural Resources (ACODET), “No civil servant speaks directly to the damages that communities will suffer; INDE announced the bidding processes as if the communities don't exist. The communities’ position is not to reject something that would bring them benefits - the Xalalá Hydroelectric Dam would flood the best lands and lead to the disappearance of entire communities - it is supporting the right to life and the respect for lands which historically belong to them.”

In 2012, communities reported continued pressures from INDE’s developers, including the offering of development projects conditioned on accepting the dam and other tactics meant to divide the communities; attempts to coopt leaders, inviting them to attend private, all-expense-paid meetings; defamation of local groups and human rights defenders; defamation of information provided by ACODET; continual entrance of unknown persons into the area; helicopter flyovers; and even pressure on the local media, which has favored struggles in defense of territory.

In this context of mounting pressure, on October 18, 2013, INDE's director of project development sent an invitation to community development committees (COCODEs) and social organizations in the area to attend a meeting in Guatemala City "to share experiences with the generation of clean energy”. Instead, communities proposed to carry out this meeting in the Ixcán region and in a format open to the public. On November 13, nineteen INDE representatives arrived in San Juan Chactelá, Ixcán, to present information to some 1,300 leaders and authorities from the affected communities and to hear their position.

This meeting took place after INDE had already signed a contract on November 7 with Brazilian Company Intertechne Constultores S.A. to carry out the geological assessment studies. This information was not shared at the meeting in Chactelá.

The more than 50 communities that would be affected by the construction of the Xalalá Dam continue to express their opposition to the project. The communities  denounce the lack of consultation by INDE and highlight the numerous attempts by communities to obtain more information and communicate their opposition. It was not until November 2013 that INDE even attended a public meeting in the area. The affected communities demand that the State uphold their obligation to assure the right to health, food and a dignified life, and reiterate that these fundamental rights should not be conditioned on accepting the dam.

NISGUA, as part of ACOGUATE, provides human rights accompaniment to  the Association of Communities for Development, Defense of Territory and Natural Resources (ACODET).

ADH statement in solidarity with Barillas political prisoners and the people of Sipakapa

On January 14, the people of Sipakapa joined together to take action in denouncing the granting of the Los Chocoyos mining exploration license to Goldcorp Inc. Earlier this month, the Sipakapa Maya Council, together with the Western People's Council (CPO), filed a legal complaint against the Ministry of Energy and Mines for authorizing the license to the Canadian company. In the following statement, the Departmental Assembly of Huehuetenango (ADH) express their solidarity with the people of Sipakapa, as well as Saúl Méndez and Rogelio Velásquez, political prisoners and members of the resistance to the Cambalam hydro-electric project.

The people of Sipakapa protest Los Chocoyos mining project on January 14. Photo: CPO

The Departmental Assembly of Huehuetenango, ADH
Public Statement

The people's struggle in defense of territory, before the transnational attack and extractive model, reflect the aggressions and pillage that help to further the neoliberal model in the height of the 21st century.

In 2005, the community consultation in Sipakapa taught us a nonviolent form to defend our territory and life. The people of Sipakapa protested and demanded respect for their community decision. Today, once again, the people have organized and peacefully demanded respect for their consultation, expressing their dissatisfaction of the new invasion of their territory, as a result of the extended mining exploitation at the Marlin mine.

Neither the companies nor the current government understand that our territories are not for sale and they will be defended in different forms in the past, present and always, as the people of Sipakapa demonstrate.

Today, we also denounce the continued persecution and criminalization of our leaders carried out by transnational companies with the support of Otto Pérez Molina's government. The case of Saúl Méndez and Rogelio Velásquez, members of the ADH and leaders of the resistance to the Spanish hydro-electric project Hidro Santa Cruz in Santa Cruz Barillas, is a clear example of such criminalization. Méndez and Velásquez are being persecuted through the Guatemalan legal system, such that the meaning of justice is corrupted. We, along with their families, affirm that this is a political persecution.

As the Departmental Assembly of Huehuetenango, we denounce nationally and internationally the open and obscene invasion of our territories by foreign companies, with the approval of the current government, as is demonstrated once again with the case of Sipakapa. We express our solidarity with the struggle and demands by the people of Sipakapa.

We express our solidarity with Rogelio Velásquez and Saúl Méndez, along with their families and communities, and we demand their freedom. We express our solidarity with the communities and organizations that defend their rights, life and Mother Earth.

We demand respect from Otto Pérez Molina's government toward the community consultations, our community's decisions, autonomy and self-determination.

We demand freedom for our political prisoners
For the autonomy and self-determination of our communities
The Departmental Assembly of Huehuetenango (ADH), member of the Western People's Council (CPO)

Huehuetenango, January 17, 2014

Take action: Tell Tahoe Resources to pack its bags and leave Guatemala!

The time has come to support community resistance to the Escobal mine by echoing their voices internationally. 

Take Action! Write Kevin McArthur, President of Tahoe Resources, to demand the company respect communities' right to self-determination and leave Guatemala!

Since communities surrounding Tahoe Resource's Escobal silver mine first organized community consultations against the project in 2011, NISGUA has closely followed and reported on ongoing resistance to the mine. During the past year, conflict around the mine site located in San Rafael las Flores in southeast Guatemala has intensified. For in-depth NISGUA analysis on community opposition to the Escobal mine and other movements in defense of territory, read our detailed report, Exercising rights: Communities defend territory.

In May 2013, a series of referenda on the future of the Escobal project in mine affected communities of San Rafael Las Flores was abruptly cut short when the government called for a state of siege in the region. The state of siege, just one step away from a state of war, undermined legitimate resistance and quashed the consultation process.

In the days following the declaration of the state of siege, former security manager for Tahoe Resources, Alberto Rotondo, was charged with ordering the April 27 attack that seriously wounded six community members. A report recently made public revealed that in mid-2012, Rotondo authored an incident report for Tahoe subsidiary, Minera San Rafael, that outlined a strategy to respond to community opposition through the criminalization of community and religious leaders. 

In addition to expressing opposition to the project through community consultations, more than 200 individuals affected by the Escobal project filed legal complaints about the project with the Ministry of Energy and Mines (MEM). MEM dismissed all of the community complaints, clearing the path for the granting of Tahoe's mining license. The complainants appealed MEM's dismissal, and in July, a Guatemalan court ruled in their favor, a decision that partner groups believe should effectively suspended the company's exploitation license. Despite these still unresolved questions, Tahoe has moved forward with production, reporting its first shipment of mineral concentrate on October 15.

Take action: tell Tahoe Resources to leave Guatemala!

Declaration from the V Gathering of the Latin American Network against Dams and for Rivers, Communities and Water (REDLAR)

Last week, NISGUA had the honor of participating in the fifth gathering of the Latin American Network against Dams and for Rivers, Communities and Water. Before arriving at the meeting site in Retalteco, Petén, NISGUA staff accompanied an 18 person international delegation visit to communities in the Ixcán region resisting the imposition of the Xalalá hydroelectric dam. If built, the dam would be the second largest in Guatemala and would directly impact approximately 14,000 people in 58 communities.

Despite widespread community opposition, the current government has made clear its intention to push the Xalalá project forward. Read more about community mobilization and ongoing peaceful resistance to the government’s announcement to re-open bidding on the dam project here.

Declaration from the V Gathering of the Latin American Network against Dams and for Rivers, Communities and Water (REDLAR)

From October 7 to 12, 2013, 537 delegates from dam affected communities from 14 Latin American countries joined together in the community of Retalteco in the municipality of Las Cruces, Petén, Guatemala for the V REDLAR gathering.

First, the international delegates visited communities threatened by the construction of dams in Huehuetenango, Ixcán, Purulhá and Petén.

During the gathering, delegates shared information, analyzed policies and interests behind the construction of dams and discussed strategies for joint actions. The reality of each country demonstrates the existence of an extremely aggressive policy that promotes the exploitation of natural resources and deepens the extractive model. This development model, which time and again requires more energy and minerals in order to satisfy market needs, puts the interests of the economic and political elite at odds with the well-being of the majority of the population.

Due to it’s ambition, this system encourages predatory consumption, which puts the lives of all human beings at risk and threatens the subsistence of the most poor and vulnerable communities, particularly affecting women and children. The companies and governments do not hesitate to use deceit and violence in order to appropriate our common goods. We are currently living through a new era in which original people are suffering the dispossession of their lands.
 
The common denominators between our Latin American countries are: alliances between governments and corporations resulting in a lack of information and consultation with communities; the dispossession and displacement of original and traditional peoples; noncompliance in the payment of reparations for damage caused by the construction of dams; relevant national legislation at the service of the interests of big companies; partiality of judicial systems; militarization of communities and regions that defend their territory; and the legal prosecution, kidnapping, torturing, and assassinations of human rights defenders.

Once again, we confirm that the grave social and environmental damages generated by dams negatively affect the land, food, homes, health, and other human rights of millions of peoples and nature. This alliance promotes mining and oil projects that appropriate, extract, contaminate and privatize water. The promise of development is no more than an illusion used to deceive communities.

Dams are part of a discourse that proposes false solutions. They are not clean energy, they are destructive and contaminate, they cause irreversible environmental and social impacts, alter the course of rivers, provoke massive displacements, land grabs, destruction of biodiversity and division of communities.

The increase in social conflicts is provoked by the imposition of government plans on communities without considering their free, prior and informed consent. REDLAR promotes the peoples' rights, defense of nature and social justice.

After six days of sharing our knowledge and experiences: 

• We reaffirm our commitment to continue to defend rivers and life and to resist the imposition of mega-projects.
• We propose the transformation of the current energy model into one that recognizes and respects ancestral knowledge, prioritizes peoples' needs before global market interests and in which energy is not thought of as a commodity, but instead as a fundamental right of the people, within a logic of responsible consumption and forms of respectful generation of the rights of Mother Earth.
• We demand that the countries of Latin American provide payment, reparations and integral compensation for damages caused to communities displaced by dams.
• We demand respect for the rights of communities where new dams construction is being planned based on parameters defined by international conventions that: protect human and indigenous rights; respect the right to say NO: and respect the results of community consultations, plebiscites and other forms of decision making. 
• We condemn the assassinations, kidnapping, tortures, repression, criminalization, and prosecution of communities and human rights defenders.
• We declare our special solidarity with our brothers and sisters of COPINH from Honduras, of Santa Cruz Barillas and Cobán, who are being criminalized for their struggle.

We will remain firm in our resistance and struggle in defense of sacred life, Mother Earth, rivers and water.
We will strengthen our networks and local, national and regional movements against dams and in defense of territory.
We will promote strategic alliances with other land and urban movements that fight for societies based on justice and dignity.

WATER, LAND AND ENERGY ARE NOT COMMODITIES
RIVERS FOR LIFE, NOT FOR DEATH
FREE RIVERS, FREE PEOPLE
WATER IS NOT FOR SALE, IT IS LOVED AND DEFENDED

LATIN AMERICAN NETWORK AGAINST DAMS AND FOR RIVERS, COMMUNITIES AND WATER -REDLAR-
Retalteco, Petén, Guatemala October 12, 2013

Gains for communities defending life and territory as mining takes a hit in Guatemala

On July 22, a Canadian court ruled that Hudbay Minerals will stand trial in Canada for violence, including murder and rape, carried out by employees of its former Guatemalan subsidiary, Compañía Guatemalteca de Níquel S.A. (CGN). The struggle to hold this Canadian mining company responsible for human rights abuses committed abroad began in 2010 when Angelica Choc initiated a lawsuit for the murder of her husband, community leader Adolfo Ich Chamán, by private security guards contracted by CGN.

Today, Hudbay is set to stand trial not only for the murder of Ich Chamán, but also in the shooting of German Chub, and the 2007 gang rape of 11 women by mining security personnel. Angelica Choc, widow of Adolfo Ich, reacted to the court's decision saying, “Today is a great day for me and all others who brought this lawsuit…. It means everything to us that we can now stand up to Hudbay in Canadian courts to seek justice for what happened to us.”[1]

Angelica Choc filed her case against HudbayMinerals Inc. in December 2010
for the murder of her husband Adolfo Ich Chamán. Photo: Graham Hunt

This historic decision marks the first time a Canadian court will hear a case against a Canadian company for human rights abuses committed at a foreign mine site. It undoubtedly sets a strong precedent for future cases of abuses committed by North American companies operating abroad. In the words of Murray Klippenstein, lawyer for the 13 plaintiffs; “As a result of this ruling, Canadian mining corporations can no longer hide behind their legal corporate structure to abdicate responsibility for human rights abuses that take place at foreign mines under their control at various locations throughout the world.”[2] Read the full press release here or visit the Choc v. Hudbay website for more information.

On the heels of the effective suspension of Tahoe Resources' exploitation license for the Escobal silver mine, Canadian mining giant, Goldcorp, which is also a 40% shareholder in Tahoe's project, announced the indefinite suspension of its Cerro Blanco gold mine located close to the Guatemala, El Salvador border in the department of Jutiapa. Goldcorp contends that the project was put on hold due to falling metal prices, but that the company is not contemplating its permanent closure.[3]

Earlier this year, members of Breaking the Silence, MiningWatch, the Center for International Environmental Law and other North American organizations traveled to Asunción Mitla, the site of the Cerro Blanco mine, as part of a delegation to investigate the impacts of gold mining on water sources in El Salvador. The delegation reported on their visit to Asunción Mita where they heard firsthand from community representatives about nearby hot springs threatening the project and also community concerns related to the possible environmental impacts of the mine, especially on El Salvadoran water sources. 

The Cerro Blanco mine has been the subject of international controversy due to its
potential negative environmental impact on both Guatemalan and El Salvadoran territories.
Photo: http://www.stopesmining.org

During an August 6 press conference the MadreSelva Collective responded to Goldcorp's announcement stating that closure of Cerro Blanco was the result of “poor planning since the project's beginning, the bravado of mining companies, and the negligence, incapacity and corruption of a docile Guatemalan government...”[4] It goes on to point out numerous deficiencies in the environmental impact assessment, including a lack of analysis and oversight by the Ministry of Energy and Mines and Ministry of the Environment and Natural Resources of the likely impacts of subterranean water high in temperature and arsenic. MadreSelva joins Guatemalan and Salvadoran communities and organizations in calling for the permanent suspension of the mine that includes a detailed and fully funded closure plan in place to address the outstanding negative environmental impacts of the project. 


While we have yet to see the outcome of the forthcoming trials against Hudbay Minerals Inc., the  announcement that the company will stand trial in Canada along with the effective suspension of Tahoe Resources' Escobal silver mine and Goldcorp's Cerro Blanco gold mine are huge gains for communities defending their life and territory. Furthermore, it is certain these historic advances will serve as examples for future struggles in defense of life and against the extractive mining industry in Guatemala.

---

[1] Press Advisory: Ontario court rules that lawsuits against Hudbay Minerals regarding shootings, murder and gang-rape at its former mine in Guatemala can proceed to trial in Canada. http://www.chocversushudbay.com/wp-content/uploads/2010/10/PRESS-ADVISORY-Ontario-Court-rules-claim-can-proceed-to-trial.pdf

[2] idem

 Read the full press release here or visit the Choc v. Hudbay website. 

[3] “Goldcorp takes $1.8bn hit on Mexican Peñasquito mine.” http://www.ft.com/cms/s/0/23b3a128-f535-11e2-b4f8-00144feabdc0.html

[4] “La Mina Cerro Blanco no se suspende por la baja del precio del oro". Comunicado, Colectivo MadreSelva. http://www.nisgua.org/Comunicado_cierre_Mina_Cerro_Blanco_60813.pdf

Guatemalan complainants celebrate effective suspension of Tahoe Resources license

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

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

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

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

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

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

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

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

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

Contacts:

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

Tahoe Myths: Setting the record straight

On Monday July 8, Guatemala's Public Prosecutor, on behalf of the six victims and co-plaintiffs in the case, filed a formal accusation against Alberto Rotondo, former security manager for Minera San Rafael, a wholly-owned subsidiary of Canadian mining company Tahoe Resources. Rotondo was employed by the company when he allegedly ordered private security guards under his command to shoot at peaceful protesters outside the mine’s entrance on April 27 of this year. He has since been indicted on charges of assault causing serious and minor injuries and obstruction of justice.

Since the incident on April 27, Tahoe Resources has issued public statements that negate the existence of peaceful local opposition to the project and downplay the seriousness of the violence around the mine site and the charges against company employees.

NISGUA, together with our partners in Guatemala and Canada, want to help set the record straight. Here is a handful of Tahoe Myths to get started: 

1. Only non-lethal force was used in April 27 attack against protesters (Tahoe press release, May 1 and Tahoe press release, July 10)
FACT - Spokespeople for Roosevelt Hospital in Guatemala City stated that lead bullets were removed from victims.  Official documentation prepared by the national hospital of Cuilapa, where three victims were treated, also states that the injuries were caused by firearms. Victims testified to being shot with lead bullets, in addition to rubber bullets, and injuries sustained support that testimony.

2. Injured protesters taken to hospital and released (Tahoe press release May 1 and Tahoe press release July 10)
FACT – Of the six men seriously injured, one man was hospitalized for 16 days and will require facial re-constructive surgery. Two other men initially admitted and release at local hospitals were later re-hospitalized and held overnight.

3. Alberto Rotondo, Tahoe's security manager, was detained but not charged with any crimes (Tahoe press release, May 1)
FACT – Security manager Alberto Rotondo was detained on April 30, and on May 7, he was charged with obstruction of justice and assault. In a June 4 press release, Tahoe CEO Kevin McArthur did not amend the May 1 statement, nor did he respond to the fact that Rotondo was under house arrest awaiting trial. Instead he stated in a separate interview that he could not comment on the investigation. It was not until July 10 that Tahoe Resources acknowledged the criminal charges filed against their former security manager.

Juan Pablo Oliva Trejo, Rotondo's security advisor, employed by Tahoe, was also arrested, and on May 15 was charged with concealing evidence. He is also under house arrest awaiting trial.

4. There is widespread support for the Escobal project
FACT – There is widespread opposition to the project. 12 community consultations held since 2011 have rejected Tahoe's project. The 8 most recent consultations were held in communities within the municipality of San Rafael las Flores. In each vote people have overwhelmingly rejected the project. The remaining 16 communities plan to have consultations as soon as possible. At least 200 legal objections to the project have been filed with the Ministry of Energy and Mines by individuals who stand to be directly impacted by the operations of the Escobal mine.

See our Top 10 Tahoe Myths for a full list of facts on the case against former Tahoe security manager.

For a time line of events see: Tahoe Resources' Security Manager on Trial in Guatemala: Chronology of Events: April 27, 2013 – July 9, 2013

WHAT YOU CAN DO:

• Share this information with your network

• Follow the case against Rotondo on the NISGUA blog and on Twitter: @NISGUA_Guate

• Join the conversation on twitter using #TahoeOnTrial  

• Remain attentive to future actions and alerts as the case moves forward 

See NISGUA’s previous blog entries for more information:
The complaint issued to Ontario Securities Commission for Tahoe's lack of disclosure on violence around the mine;   Tahoe Resources Shareholder Alert: A Dangerous Investment or download the complete document here.

Communities of Santa Rosa and Jalapa denounce criminalization of leaders opposing Tahoe Resources' Escobal mine

Since the May 2 declaration of a state of siege in four municipalities surrounding Tahoe Resources' mine, 12 members of the Committee in Defense of Life and Peace of San Rafael had their homes raided by police and military forces, five community members have been arrested and charged, and at least 18 more have pending arrest warrants against them.

During the last year, there have been more than 70 legal processes against individuals peacefully opposing Tahoe's Escobal mine. Many of those singled out have participated in the Committee in Defense of Life and Peace and have been leaders in the organization of the 12 community consultations carried out in the region since 2011. In each of the consultations, the population voted overwhelmingly against mining projects in their territory.

Criminalization continued during the May state of siege when Judge Carol Patricia Flores, who attempted to annul the historic genocide trial before the Constituional Court did so officially on May 20, issued at least 18 arrest warrants in a legal process filled with anomalies. Among the five arrested was Guillermo Carrera, community leader and member of the Committee in Defense of Life and Peace. After almost two months in prison, a judge in Jalapa has only just been assigned to hear Carrera's case. All of the accused are implicated in crimes related to the robbery of mine explosives in November 2012 and the detention of police officers in Santa Maria Xalapán in April 2013.

Supporter calls for due process at the peaceful protest outside the Public Prosecutor's office. A photo of Guillermo Carrera, unjustly imprisoned for almost 2 months, hangs around his neck. (Photo: NISGUA)

President of the Xinca Parliament, Roberto González, and prominent leader of the Committee for the Defense of Life and Peace of San Rafael las Flores, Rudy Pivaral, are among those with arrest warrants pending. González was one of the Xinca leaders kidnapped after leaving a community consultation on the Tahoe project in March, 2013. Rudy Pivaral has been instrumental is the organization of the eight consultations to date in the municipality of San Rafael las Flores.

On June 19, the Campesino Unity Committee (CUC) and the Xinca Parliament filed an appeal against High Risk Court “A” judge, Carol Patricia Flores. The legal action denounced the loss of the court audio, considered to be critical pretrial evidence. According to Sergio Beltetón, legal counsel for CUC, “It is a violation of the Penal Process, which requires that all judicial hearings be electronically recorded... the judge's excuse is that the audio was lost, and that it wasn't recorded on a CD or a hard drive on the computer.” 

Today, families, friends and supporters of the criminalized and jailed gathered outside Guatemala's Public Prosecutor's office to demand an end to criminalization and respect for due process. NISGUA joins our Guatemalan partners in denouncing the persecution of community and indigenous leaders legitimately defending their territory, self-determination and the right to live in a healthy environment. 

Rudy Pivaral's mother calls for due process in the case against her son. (Photo: NISGUA)

Despite the ongoing persecution of mine opposition, important steps have been made in the search for justice for victims of the violent attack carried out against peaceful protesters outside the mine site on April 27. Two Tahoe Resources employees have been arrested and charged in connection to the attack against community members in which six men were seriously injured. Former Tahoe head of security, Alberto Rotondo, and security advisor Juan Pablo Oliva Trejo are under house arrest awaiting trial.

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

Sipakapa celebrates 8th anniversary of community consultation

On June 18, the communities of Sipakapa, a municipality affected by GoldCorp's Marlin Mine in Western Guatemala, celebrated the eighth anniversary of one of the first community consultations in the country. Today, more than 70 community consultations on natural resource exploration and exploitation have been carried out throughout Guatemala. In every case, communities have resoundingly rejected mega-projects on their territory voting NO to mining and YES to life.

On Tuesday, more than 1,000 men, women and children peacefully gathered in Sipakapa, in the department of San Marcos, to demand respect for the community consultation and to demonstrate their opposition to GoldCorp's Marlin Mine. The people of Sipakapa confirmed once again: Sipakapa is not for sale / Sipakapa no se vende!

Thousands gather to celebrate the anniversary of one of Guatemala's first community
consultations in 2005 around the Marlin Mine in Sipakapa, San Marcos. Photo: COPAE

In recent months, repression, violent attacks and a state of siege have shifted public attention to GoldCorp's newest investment in Guatemala, Tahoe Resources' Escobal silver mine, of which GoldCorp holds 40% of the shares. However, the social and environmental impacts of the Marlin Mine continue to be a major concern for residents in the surrounding communities.

At a press conference on May 19, the Center for Legal, Environmental and Social Action in Guatemala (CALAS) and the organization Juridical Pluralism (Plurijur) presented evidence of the possible existence of chronic arsenic poisoning and other environmental illnesses in the region of the Marlin Mine in the department of San Marcos. Chronic arsenic poisoning is typically caused by exposure to high levels of arsenic in groundwater, a possible result of pollution from the mine.

The health impacts mining have long been a concern for affected communities as was demonstrated during the People's International Health Tribunal in 2012. Technical studies have also shown that Marlin's mine operations present significant health risks. Researchers from Physicians for Human Rights and the University of Michigan have released a study showing that individuals living closer to the mine had higher levels of arsenic and other potentially toxic metals than those living further away. Studies confirming the negative environmental and health impacts of the mine have also been carried out by researchers at the University of Ghent in Belgium and E-Tech International, a New Mexico based environmental organization.

In 2010, in response to a petition submitted by Marlin Mine affected communities, the Inter-American Human Rights Commission urged the Guatemalan government to suspend all operations at the mine. In the face of governmental pressure, the recommendation to suspend all operations was lifted the following year. However, other recommendations remained in place, including an order that the government ensure the quality of water resources in the area of the mine. According to Carlos Loarca of Plurijur, the government announced in August 2012 that they would install a treatment plant for water contaminated by mine's operations, but the communities have not been aware of any follow-up actions taken by the government.

During the Sipakapa consultation anniversary activities this week, representatives of the community expressed their ongoing concerns about the impacts of mining on their territory and communities, including the contamination of water sources used for human consumption and crops. Community activist and human rights defender Crisanta Pérez called for unity and strength moving forward saying: “Today Sipakapa rejected mining, and all of our brothers and sisters have to continue on the path no matter what we suffer or what we live through, we must continue forward. Today Montana Exploradora (Canadian subsidiary of GoldCorp) - wants to exploit our communities, but the people want to express themselves and each day we continue to grow.”

Criminal case against Alberto Rotondo, security manager for Tahoe Resources, moves forward in Guatemalan courts

On Friday June 7, Alberto Rotondo, former security manager for Tahoe Resources, was summoned to appear for the second time in a Guatemalan court. During the first hearing on May 7, Rotondo was charged with assault and obstruction of justice in connection to the April 27 attack outside Tahoe's Escobal project in which mine security opened fire on community members, seriously injuring six.  The purpose of the hearing was to formally register the six victims as co-plaintiffs in the case.

Co-plaintiffs and their lawyers at the second hearing in the case against Alberto Rotondo.
Barbarena, Santa Rosa, June 7, 2013 (Photo: Giles Clarke)

Alberto Rotondo (center) and his legal team at the defense table. Barbarena,
Santa Rosa, June 7, 2013 (Photo: Karla Solórzano)

In early May, Juan Pablo Oliva Trejo, former Tahoe employee and security advisor to Rotondo, was also arrested, and on May 15 was charged with concealing evidence in connection to the April incident. While Rotondo and Oliva Trejo are said to no longer work for Tahoe Resources, both were employees when the alleged crimes took place. Wire tap evidence collected by Guatemala's Public Prosecutor is believed to implicate Rotondo and Oliva Trejo in the crimes and both are currently under house arrest.

Despite repeated claims by Tahoe Resources and Guatemalan officials that only non-lethal rubber bullets were used to disperse the protesters, the injuries suggest otherwise. One victim explained to NISGUA staff that while the wounds he suffered from the rubber bullets have faded, the injuries caused by live ammunition have yet to fully heal. The photos below were taken more than a month after the attack.

Two victims of the April 27 attack. Barbarena, Santa Rosa June 7, 2013 (Photo: Giles Clarke)

Since Rotondo was captured on April 30, Tahoe Resources spokespeople, including head of investor relations Ira Gostin and CEO Kevin McArthur have made misleading statements in an attempt to downplay the seriousness of the incidents and the charges filed against Tahoe employees. See Tahoe's May 1 press release.

As a result, on May 31 the Justice and Corporate Accountability Project (JCAP) submitted a complaint to the Ontario Securities Commission regarding Tahoe Resources’ poor disclosure about violence in connection with the company’s only mine project. In its June 4 press response, Tahoe failed to reply to the specific concerns expressed in the complaint, including the ongoing criminal investigation of former Tahoe employees in connection with the escalating and persistent violence around the mine site.

While the state of siege declared in four municipalities around the Escobal mine is officially over, the tension and fear it produced remains palpable, especially for those who continue to peacefully resist the project. The April 27 attack was carried out just steps away from the non-violent encampment erected to demonstrate the community's ongoing opposition to the project. Below, one of the men shot in the April attack holds up the banner previously used to mark the entrance to the protest site.

"Communities in Peaceful Resistance: El Escobal. The Defense our Territories is our Right"
San Rafael las Flores, Santa Rosa, June 9 (Photo: Giles Clarke)

Despite twelve community consultations to date in Santa Rosa and Jalapa rejecting mining in their territories, on April 3 the Ministry of Energy and Mines approved the exploitation license for Tahoe Resources' Escobal project. With commercial production of silver expected to begin in early 2014, community members remain concerned about the social and environmental impacts of the massive project, located alarmingly close to homes, crops and livestock.

Horses and cows graze in the shadow of the Escobal mine.
Los Planes, Santa Rosa, June 9  (Photo: Giles Clarke)

Looking down on Escobal mine and town of
San Rafael las Flores, June 9 (Photo: Giles Clarke)

International solidarity with the communities of Santa Rosa and Jalapa continues defending their right to consultation and self determination. Today NISGUA and Breaking the Silence presented President Otto Pérez Molina with an open letter signed by thirty organizations calling for the revocation of Tahoe's exploitation license. The letter outlines numerous concerns, including "the lack of consultation, broad local opposition to the project, the irregularities in the approval process, the pending criminal investigation against Minera San Rafael for industrial contamination, and the context of violence, intimidation and criminalization against human rights and environmental defenders." Read the full letter on our website.

For further background on Tahoe's dangerous investment, see our May 8 Investor Alert here.

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

Complaint asks for investigation into Tahoe Resources after wiretap evidence implicates employees in violence at Escobal mine

On Saturday April 27, mine security at Tahoe Resources' Escobal project opened fire on community members peacefully gathered outside the mine site. Six men were shot and seriously injured. This incident set of a chain of events, eventually resulting in the declaration of a state of siege in four municipalities surrounding the Escobal mine. 

On April 30, Alberto Rotondo, Security Manager for Tahoe Resources was arrested and on May 7 Rotondo was charged with obstruction of justice and assault. On May 4, another Tahoe employee, Juan Pablo Oliva Trejo, was arrested and later charged with concealment of evidence for his role in helping Rotondo mobilize during the days following the attack. Wire tap evidence gathered by Guatemala's Public Prosecutor's office implicates both men in the crimes.

According to Canadian law, Tahoe Resources is obligated to inform their shareholders and the public in general of any events that may impact the project. Tahoe has only released one statement regarding the concerning events on April 27, downplaying the seriousness of the incident and criminal implications for their employees. On May 31, the Justice and Corporate Accountability Project, in coordination with local partners, submitted a complaint to the Ontario Securities Commission regarding Tahoe's lack of disclosure. Please see the press release below.

For further background on Tahoe's dangerous investment, see our May 8 Investor Alert here. 

FOR IMMEDIATE RELEASE

June 3, 2013

COMPLAINT ASKS ONTARIO SECURITIES COMMISSION TO INVESTIGATE TAHOE RESOURCES AFTER WIRETAP EVIDENCE IMPLICATES EMPLOYEES IN VIOLENCE AT GUATEMALA MINE

(Toronto/Ottawa) Friday, the Justice and Corporate Accountability Project (JCAP) submitted a complaint to the Ontario Securities Commission regarding Tahoe Resources’ (TSX: THO; NYSE: TAHO) poor disclosure about violence in connection with the company’s only mine project in southeast Guatemala.

On April 27, security personnel shot and wounded six people gathered outside of the Escobal mine site. Wiretap evidence gathered under orders of the Guatemalan public prosecutor’s office has implicated company employees.

According to the wiretap evidence, Tahoe’s Security Manager Alberto Rotondo ordered the mine security to attack the protestors. Mr. Rotondo has been charged with causing serious and minor injuries and obstructing justice, which included tampering with evidence at the site of the crime. He is currently under house arrest and awaiting an evidentiary hearing in July 2013.

The security advisor for the company, Juan Pablo Oliva Trejo, has also been apprehended in connection to the attack and charged with concealing a crime. According to wiretap evidence, he helped Mr. Rotondo mobilize in the days following the attack, warning him to leave the country to avoid facing legal problems. 

According to Securities Commission requirements, Tahoe Resources must file material changes “forthwith”. Company disclosure, however, has been both insufficient and inaccurate.

“We are concerned that Tahoe Resources has downplayed the serious crimes for which its employees have been accused in comments to the press and that it has not issued an official statement since the wiretap evidence came to light that would correct earlier errors,” stated lawyer Shin Imai of JCAP at Osgoode Hall Law School in Toronto.

JCAP has requested that the Commission undertake an investigation based on section 75(1) of the Securities Act. JCAP filed the complaint on behalf of MiningWatch Canada and its Guatemalan partner, the Committee for the Defence of Peace and Life of San Rafael Las Flores.

“As the company’s only mine project, investors, and the public in general, need to know about the implication of its employees in such an egregious attack, as well as widespread and ongoing opposition to the mine,” remarked Jen Moore for MiningWatch Canada.

Local communities have resoundingly rejected the Escobal mining project in 12 community consultations to date and have sustained a peaceful resistance to the mine for three years. Goldcorp Inc. owned the Escobal project until 2010 and currently owns 40% of the shares in Tahoe Resources. As of March 2012, the Canadian Pension Plan held $9 million CDN worth of shares in the company. 

A copy of the letter submitted to the Ontario Securities Commission on May 30 can be accessed here. Refer to an Investor Alert from May 8 for further background here.

Contact:

Shin Imai, Justice and Corporate Accountability Project, Osgoode Hall Law School, York University, (tel) 647-524-2312

Jennifer Moore, Latin America Program Coordinator, MiningWatch Canada, (tel) 613-569-3439, jen(@)miningwatch.ca

The Justice and Corporate Accountability Project (JCAP) is made up of volunteer lawyers and law students who provide research and advice on corporate accountability in Latin America.

MiningWatch Canada is a pan-Canadian initiative supported by environmental, social justice, Aboriginal and labour organisations from across the country. It addresses the urgent need for a co-ordinated public interest response to the threats to public health, water and air quality, fish and wildlife habitat and community interests posed by irresponsible mineral policies and practices in Canada and around the world.

International community calls for Rubén Herrera's immediate release

More than one year after President Molina declared a state of siege in Santa Cruz de Barillas, repression continues against community leaders resisting the Cambalam hydroelectric project, operated by Spanish owned Hidro Santa Cruz. Violence and criminalization against leaders defending territory and the right to self determination has been on the rise in Barillas since the 2007 community consultation rejecting large-scale development projects in their territory.   

Since March, NISGUA has reported on the detention of Rubén Herrera, community leader and member of the Departmental Assembly of Huehuetenango for the Defense of Natural Resources (ADH). Herrera has been unjustly imprisoned for more than two months on trumped up charges related to resistance to the Cambalam project. Despite requests by Guatemala's Public Prosecutor to dismiss the case due to a lack of evidence, the judge ordered the case forward.

In response, NISGUA together with the Guatemala Human Rights Commission, gathered more than 2,800 signatures from 52 countries demanding Rubén's immediate release and an end to the criminalization of human rights defenders.  

Rubén Herrera, unjustly imprisoned since March 15

The signatures were delivered to Guatemala's Public Prosecutor's office in anticipation of  Rubén's May 30 pre-trial hearing. Originally slated to be heard in Santa Eulalia, Huehuetenango, Rubén's hearing was recently transferred to Guatemala City.

“The decision of the Supreme Court to transfer Rubén Herrera's case to Guatemala City is a favorable resolution because it is an opportunity for the case to be heard in a specialized court, which gives us greater confidence that the false accusations presented by the Hidro Santa Cruz will be disproven,” stated Alba Cecilia Mérida, Herrera's life partner and human rights activist. “It means that Rubén will have a greater possibility of due process in the application of justice.”

May 1 march in Huehuetenango: "No More Repression, Liberty for Rubén Herrera"

In April, the persecution of leaders resisting the Cambalam project continued with the kidnapping and murder of Daniel Pedro Mateo, cultural leader and prominent defender of the 2007 community consultation in Barillas. Community members from eight municipalities in northern Huehuetenango mobilized during three days in order to locate Pedro Mateo's remains.

Just a few weeks later, terror once again gripped residents of Barillas when community leader Mynor López was detained by plain clothed men, later determined to be police officers, and forced into an unmarked vehicle. Some residents, believing López was being abducted, mobilized to ensure his release. In response anti-riot police already in the community fired at the crowd with tear gas. In a press release, the ADH denounced the irregular detention of Mynor López as well as the ongoing criminalization of leaders.

The state's pattern of systematic criminalization and persecution of community leaders defending territory was demonstrated again in early April when President Molina implemented of another state of siege in four municipalities surrounding Tahoe Resources' Escobal project, located in San Rafael Las Flores, Santa Rosa. As in Barillas, leaders demanding the right to consultation have been targeted; 12 members of the committee organizing community referenda in San Rafael Las Flores had their homes raided and searched during the weeks long state of siege.

"Instead of listening to the legitimate demands of the people, the state and the companies have implemented a strategy to discredit and delegitimize peaceful community struggles in defense of life and territory," said Francisco Rocael Mateo of the ADH. "This criminalization is a strategy to demobilize community resistance."

Read NISGUA's full press release in English and Spanish.


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

Tahoe Resources Investor Alert calls Guatemala project a Dangerous Investment

(Ottawa/Guatemala City) – Yesterday, the Network in Solidarity with the People of Guatemala (NISGUA) and MiningWatch Canada warned Tahoe Resources investors against further investment in the Escobal silver project, given lack of community support and increasing violence and repression in the area. Risks identified include:

1. Tahoe Resources does not have the social license to operate the Escobal project;
2. It is likely that conflict and violence will persist if the mining project continues to be imposed without community consent, given recent violence attributed to public armed forces, an illegal armed group and the company’s private security;
3. Implication of company private security in recent acts of violence could lead to civil lawsuits as has taken place in relation to other mining conflicts in which Canadian companies are involved;
4. Tahoe Resources is already under investigation in Guatemala for industrial contamination of water supplies near the Escobal mine site;
5. Failure of Guatemalan regulators to address residents’ complaints prior to granting company’s exploitation license is under appeal, which could put Tahoe’s exploitation license in jeopardy;
6. By repeating patterns seen in Guatemala’s mining sector in connection with Goldcorp’s Marlin mine, including lack of respect for prior community consultation, targeting of peaceful protesters through the judicial system and putting the project into production in the midst of violence and repression, the company is likely to be the object of further protests.

The project is located in the municipality of San Rafael Las Flores in the department of Santa Rosa where for over three years local communities have been peacefully demonstrating their opposition to the mining project given concerns over potential social and environmental impacts. Twelve municipal and community level plebiscites have been carried out in which over 90% of participants voted against the mine.



Tahoe Resources’ received its license to put the Escobal silver mine project into operation in early April despite widespread social opposition to the project and unaddressed complaints against the granting of the permit.



Tahoe’s project has provoked an increase in conflict in the region, which recently escalated on April 27 when the company’s private security shot at community members, injuring six men, two of them seriously. Contrary to company statements, a spokesperson for the Roosevelt Hospital in Guatemala City indicated that live ammunition was used. Alberto Rotondo, security manager for Minera San Rafael, Tahoe Resources’ wholly owned Guatemalan subsidiary, has been arrested and charged with with causing mild and serious bodily harm, and for obstructing the investigation by tampering with the crime scene. Two more supposed mine employees have been arrested in connection with the recent violence, including the killing of a police officer.



On May 2, the Guatemalan government declared a state of siege in San Rafael Las Flores, where Tahoe’s Escobal project is located effectively making public protest and further community consultations illegal as long as the measure remains in place. Local activists have been among those targeted in raids and detentions. 



NISGUA and MiningWatch Canada will be sending their report to key analysts and shareholders in Tahoe Resources Ltd. including the Canadian Pension Plan Investment Board, which holds 439 thousand shares in Tahoe worth approximately $9 million CAD.



The investor alert can be downloaded here.

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

Take Action: Demand Guatemalan Authorities Halt Criminalization and Persecution of Political Prisoner, Rubén Herrera

Rubén Herrera of the ADH Photo: James Rodríguez, mimundo.org

Sign the petition condemning the capture of Rubén Herrera and calling for his immediate release.

Since Friday, March 15, human rights defender and member of the Departmental Assembly of Huehuetenango for the Defense of Natural Resources (ADH), Rubén Herrera, has been unjustly imprisoned for alleged crimes committed in relation to community resistance of the Cambalam hydroelectric dam, operated by Hidro Santa Cruz. Citing 12 charges, including kidnapping and terrorism, a Guatemalan judge denied Herrera's bail, ordering the case move to pretrial proceedings on May 30, 2013.

During the past year, 11 community leaders engaged in peaceful and legitimate resistance to the Cambalam hydroelectric project have been illegally imprisoned on trumped-up charges, while more than 20 individuals continue to have arrest warrants pending against them.

The arrest and imprisonment of Rubén Herrera is the most recent example of the systematic criminalization and persecution of community leaders and human rights defenders working in defense of territory and communities' right to self-determination. Perhaps most notable are the actions of the Public Prosecutor's Office, the entity responsible for prosecuting the case. During the arraignment, they argued the case should not continue as there is insufficient evidence linking him to the alleged crimes. Despite the lack of evidence, the judge ordered that the case against Herrera move forward.

Peaceful, legitimate and ongoing community opposition to the Cambalam hydroelectric project is not new. In fact, the 2007 community consultation in the municipality of Santa Cruz de Barillas, Huehuetenango voted overwhelmingly against foreign-owned large-scale development projects, also known as mega-projects, in their territories. Despite this clear message, in 2010 the Guatemalan government granted an operating license to Hidro Santa Cruz, Guatemalan subsidiary of Spanish-owned Hidralia Energía. Ongoing community resistance to the project was met with state repression in May 2012, when martial law was declared in Barillas. Since then, the criminalization of community leaders has intensified, demonstrating a clear strategy on the part of the Guatemalan Government to delegitimize peaceful resistance in order to push through harmful mega-projects.

For more than five years, Rubén and the ADH have been coordinating the efforts of communities, organizations and local authorities to pursue an alternate vision of development for the highland department of Huehuetenango. In addition to helping organize over 25 community consultations in Huehuetenango alone, the ADH together with the Western Peoples' Council (CPO), presented the groundbreaking legal challenge against the constitutionality of Guatemala's 1997 Mining Law for lack of prior consultation with indigenous peoples.

The ADH’s work to construct alternatives and promote democratic participation in the key issues Guatemala is facing today is a response to a historic wrong committed against indigenous peoples. The current trial of former Guatemalan leaders for genocide highlights the state’s violation of the basic rights of indigenous and rural people in Guatemala. Unfortunately, today’s repression of peaceful and legitimate social movements in defense of territory and towards self-determination is using distinct, yet disturbingly familiar strategies to criminalize and delegitimize the voice of indigenous peoples.

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

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.