Take Action: Call on the U.S. Embassy to stand up for political prisoners Saúl and Rogelio

On September 1, Barillas land defenders Saúl Méndez and Rogelio Velásquez will stand trial again for accessory to murder. Citing serious irregularities and major errors in the initial trial earlier this year that condemned both men to 33 years and 4 months in prison, a Special Appeals court ruled on May 15 to annul the sentence and ordered the case be retried.

Both men have spoken out against the imposition of hydroelectric dams in their home in northern Huehuetenango and, like many other leaders, are now feelings the effects of a pattern of criminalization that has increased dramatically over the past few years. 

TAKE ACTION to help ensure Saúl and Rogelio get a fair trial!

Saúl Méndez and Rogelio Velásquez, during their Special
Appeal trial. Photo: Gustavo Illescas (CMI-Guatemala)

Currently, six other men from Huehuetenango are detained and awaiting trial for outlandish legal charges that include terrorism and kidnapping - all are active community leaders who have organized to demand respect for their right to consultation regarding the imposition of mega-development projects in their territory. Across the United States, members of the NISGUA base are writing letters of encouragement to all of the leaders from Huehuetenango currently imprisoned for standing up for life. Click here to send a message of solidarity to the political prisoners and let them know they are not alone.

For more information, read NISGUA's report on the movement for community referenda on mining and hydroelectric dams and the corresponding trend of criminalizing leaders standing up against unjust resource extraction. 

Both Saúl and Rogelio are accused of being accomplices in the assassination of Guadalupe Francisco and Mateo Diego Simón, killed by a mob of roughly 500 people in 2010. Despite serious holes in the prosecution's evidence - including shaky witness testimonies and an inability to place both men at the scene of the crime - a Huehuetenango court found both men guilty of being accomplices to murder in February 2015. Saúl and Rogelio were previously detained from May 2012 – January 2013, accused by Spanish company, Hidro Santa Cruz of causing disturbances associated with the assassination of community member Andrés Francisco Miguel, on May 1 2012. 

The retrial will open on September 1 and is expected to take a month and a half. If everything moves forward as scheduled, the sentencing hearing will take place on October 13, 2015. 

Family members of the accused are calling for an international presence at the retrial, including from the U.S. Embassy in Guatemala, as one way to ensure that Saúl and Rogelio get a fair trial. TAKE ACTION! Call on the U.S. Embassy to recognize the intentional manipulation of the Guatemalan justice system by transnational corporations, and observe the retrial. All signatures will be collected before August 21 to be turned in to the Embassy prior to the start of the retrial on September 1. 

For there to be peace in Barillas...

Original article posted on CMI-Guatemala in Spanish on August 11, 2015.

Written by Alba Cecilia Mérida

Translation by NISGUA

Juanita López from Santa Eulalia, wife of Domingo Baltazar
Photo: Roderico Díaz (CMI-Guatemala)

On August 8, beneath the energy and protection of Kawok - symbolizing the strength of unity and wisdom - hundreds of women, men, boys, girls, youth, and the elderly gathered in the central park of Santa Cruz Barillas to celebrate life and come together for an Artistic-Cultural Gathering for Peace in Santa Cruz Barillas and Freedom for Political Prisoners. 

Youth from Huehuetenango paint posts in Barillas.
Photo: Gustavo Illescas (CMI-Guatemala)

This gathering is a continuation of many other encounters, caravans, demonstrations, and political actions that have taken place over the years. But now, more than ever, these actions are demanding the timely release of our compañeros from northern Huehuetenango who are being held as political prisoners: Don Tello Villatoro, Don Chico Palas, Arturo Pablo, Saúl Méndez, Rogelio Velásquez, Mynor López, Ermitanio López, as well as Rigoberto Juárez and Domingo Baltazar, from Santa Eulalia.

The gathering began on Friday, August 7 when 108 people departed from Guatemala City, Totonicapán, San Marcos, Quetzaltenango, and from various municipalities of Huehuetenango. Friends from other countries came to join the gathering, where musicians, singers, artists, poets, dancers, rappers, rockers, jugglers, alternative journalists, and other researchers poured all of our creativity and hope into one single demand: FREEDOM for our People. 

From left to right: Tito Medina (Guatemala), Alfredo Rafael (San
Juan Ixcoy), Juan Pablo Ozaeta (Guatemala) and Byron Sosa
(Quetzaltenango). Photo: Gustavo Illescas (CMI-Guatemala)

The day was a gift from our Mother Earth; we felt joy, the sun, art, the wind, dignity. We felt the strength of each person who joined us before [the caravan] left for Barillas. Their support, generosity and solidarity were fundamental in being able to say to the people of Barillas: "Here we are. You are not alone. We are not alone." In the strict sense, those of us who attended the gathering were not giving, supporting or helping; on the contrary, with our presence, we were returning the sacrifices made by the people of Barillas, Santa Eulalia and others in the region. It is they who have experienced first-hand the merciless attacks by the corporate criminal, Hidro Santa Cruz. 

At one moment during the day, Juan Aguirre, one of the singers at the gathering, told Doña Ana Molina, the wife of Don Tello Villatoro: "I cannot come close to imagining your suffering." Yet when he sang, he reminded us that dreams can become reality and that these dreams are enough to encourage us to not back down from the struggle each of us carry or from the struggle that depends on each of us.

Rock group "Perro con Alas." Photo: Gustavo Illescas (CMI-Guatemala)

The Artistic-Cultural Gathering for Peace in Santa Cruz Barillas and for Freedom for Political Prisoners included the participation of people from the grassroots and from all four corners. This movement has been articulate and mindful, and has presented creative proposals that rise above the oppression imposed by systems that promote death: political parties, transnational companies, racism, and the State of Guatemala, which at all costs, seeks to crush any sign of the dignity of our peoples. 

At different moments throughout the day, we couldn't hold back our tears. One such moment was when Mónica Castañeda, Arturo Pablo's wife, cried when she emphatically said "I know my Arturo. He has only defended his people. That's why they have imprisoned him."

Mónica Castañeda, wife of the teacher Arturo Pablo.
Photo: Roderico Díaz (CMI-Guatemala)

Other moments, only some of us were able to experience. Don Pablo Antonio Pablo was speaking with Rubén, and when I saw them speaking in hushed voices I asked, "What happened?" Rubén said, "He is very sad." And Don Pablo cried, and cried, and cried for his son. All he could say was "I am sad for my Arturo, but I bless you because you are here with us." I saw a man sitting on a corner for several hours. I saw him nodding along to many of the things that were being said, and at one point, he came over to me and said, "I am Saúl's father. I came to get to know those who are supporting my son." The tears overflowed and the deep sadness swept across the park for each one of the sons, husbands, brothers, grandfathers who are now absent because they are imprisoned. 

Once more, the wives and other family members of the political prisoners showed the deep love they have for and can give to the defense of their life partners. The composure and the strength Doña Ana, Doña Priscila, Doña Guadalupe, Doña Juanita, Carmelia, Zenaida, Juanita, and Mónica possess is a source of inspiration and encourages us to continue to accompany them.

The messages of peaceful resistance from the people of Barillas in the face of repression from Hidro Santa Cruz were overwhelmingly clear: "We want Peace. We respect Mother Earth. We don't want any more plundering or violence." More than once, people repeated the phrase: "There is no price on our dignity."

Doña Guadalupe, wife of Don Chico Palas.
Photo: Roderico Díaz (CMI-Guatemala)

Each artistic performance moved us. Seldom are we able to connect the energy of those of us who need to live life with intensity and fullness, but this connection of energy took place throughout that beautiful day. I'll close these few words now with a poem written by Eulalia Hermelinda, an 11-year-old girl from Santa Cruz Barillas. She wrote about what needs to happen so that we all can have peace.

Peace.

For there to be peace in the world,

There must be peace in the nations.

For there to be peace in the nations,

There must be peace in the cities.

For there to be peace in the cities,

There must be peace between neighbors.

For there to be peace between neighbors,

There must be peace in the homes.

For there to be peace in the homes,

There must be peace in the hearts.

For there to be peace in Barillas,

The Political Prisoners must return to their homes. 

Members of the women's group Akabal. Left: poet Eulalia Hermelinda.
Photo: Roderico Díaz (CMI-Guatemala)

One more political prisoner: Rigoberto Juárez, land defender

Written by Nelton Rivera
Translated by NISGUA

Read original piece in Spanish here.

[Yesterday] Rigoberto Juárez Mateo was arbitrarily detained and became another political prisoner held by the state of Guatemala. Rigoberto Juárez is a representative of the Plurinational Government (Gobierno Plurinacional) of the Q'anjob'al, Chuj, Akateka, Popti and Mestiza peoples, from the 16 municipalities of Huehuetenango. Juárez is criminalized for defending land and water. 

A warrant signed by a competent judge was not presented at the moment of arrest, carried out by officers of the National Civil Police. Domingo Baltazar was detained together with Rigoberto, both of whom are members of the Community Authority of Santa Eulalia, Huehuetenango. During the violent arrest, lawyer Ricardo Cajas was physically assaulted when he asked the officers to identify themselves and a legal arrest warrant for Rigoberto Juárez be presented.

The detained community representatives had traveled to the capital to lodge an official complaint for rights violations committed against the ancestral authorities and various journalists on March 19 of this year, committed by Diego Marcos Pedro, members of the municipal government, and others with ties to the authorities.

The Q'anjob'al ancestral authorities were assaulted by members of the municipal government on Thursday, March 19 during a public activity to re-open the Community Radio Snuq' Jolom Konob. For four hours, they were verbally and psychologically assaulted and threatened, leading them to travel to the capital to lodge complaints with the Attorney General's Office through its Crimes Against Human Rights Defenders section, as well as with the Office of the Human Rights Ombudsman (PDH), and the Office of the United Nations High Commissioner for Human Rights in Guatemala.

On multiple occasions since 2011, representatives of the Plurinational Government have traveled to the capital to denounce atrocities committed by hydroelectric companies operating throughout maya Q'anjob'al territory. Specifically, [they have denounced] the hydroelectric company Hidro San Luis in Santa Eulalia, who together with municipal leaders, are threatening the rights of the communities in opposition to the hydroelectric project.

This arbitrary arrest adds to a long list that has been growing since 2012, as the Government and the companies increasingly use arbitrary arrest as a strategy to break up the peaceful and organized opposition that exists to this model of extraction and displacement.

Uncertainty around the Xalalá Hydroelectric Project

Posted on February 28, 2015 by ACOGUATE

Translation by NISGUA

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

Photo credit: ACOGUATE archive

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

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

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

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

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

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

Photo credit: ACOGUATE archive

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

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

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

Strong Impact on Affected Communities

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

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

Photo credit: ACOGUATE archive

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

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

Concern for the Violation of Fundamental Rights

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

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

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

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

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

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

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

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

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

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

Víctor Caal Tzuy speaking at the Duwamish Longhouse & Cultural Center

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

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

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

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

Indigenous leaders, Víctor Caal Tzuy and Ken Workman

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

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

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

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

Horizontal exchange with Bay Area activists fighting for self-determination

Media links:

Interview at KEPX Seattle, WA

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

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

NISGUA Fall Tour 2014

FULL ITINERARY:

SEATTLE, WA.; OCTOBER 2-6

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

OCTOBER 2

Seattle University, 1:30-2:30pm

901 12th Avenue

Bannan Building, Room 102

Seattle, WA 98122

Traditions Fair Trade Café; 7-8:30pm

$5-15 Sliding Donation

300 5^th Avenue SW

Olympia, WA 98501

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

With Special Guest: Ken Workman of the Duwamish Tribal Council

$5-15 Sliding Donation

4705 W Marginal Way SW

Seattle, WA 98106

OCTOBER 4

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

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

501 E Pine Street

Seattle, WA

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

OCTOBER 5

Rest

OCTOBER 6
University of Puget Sound, 12:30pm

Murray Board Room

Wheelock Center

University of Washington, 5:00pm

Allen Auditorium

482 Allen Library

Seattle, WA 98195

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PORTLAND, OR.; OCTOBER 7-8

OCTOBER 7

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

10015 SW Terwilliger Blvd.

Portland, OR 97219

Contact: Jonathan Ostar – jon@opalpdx.org

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

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

Multnomah Meeting House

4312 SE Stark Street

Portland, OR 97215

Contact: Pedro Sosa – psosa@afsc.org

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

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

Portland, OR 97206

Contact: Jonathan Ostar –  jon@opalpdx.org

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

2305 SE 82nd Avenue

Mt. Tabor Hall
Portland, OR 97216

Contact: Kathleen Holloway; khollowa@pcc.edu

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

Area Contact: Megan Whelan; megan@nisgua.org

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

1125 Valencia Street, Room 109

San Francisco, CA

San Francisco State University, 2:00pm

1630 Holloway Avenue; Library Room 121

San Francisco, CA

OCTOBER 10

Santa Clara University, 11:45am

500 El Camino Real

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

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

Santa Clara, CA 95053

California Institute for Integral Studies, 7:00pm

1453 Mission Street

San Francisco, CA 94103

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

Lobby Meeting Room

1700 Alum Rock Avenue

San Jose, CA 95116

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

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

Good Samaritan Family Resource Center

1294 Potrero Avenue

 San Francisco, CA 94110

OCTOBER 13

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

Alcatraz Island

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WASHINGTON, D.C.; OCTOBER 14-15

OCTOBER 14

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

1350 Connecticut Ave NW Suite 1100

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

OCTOBER 15

Howard University School of Law, 12:00pm

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

UUCA/PAG event, 7:00pm

4444 Arlington Boulevard

Arlington, VA 22204

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

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.

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

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

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

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

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

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

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

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

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 denounces World Bank and Inter-American Development Bank

The Departmental Assembly of Huehuetenango in Defense of Territory and for the Autonomy and Free Determination of the People – ADH – informs the national and international community:


During 1981, 1982, 1983, the Guatemalan Army massacred the Achí communities that lived on the banks of the Chixoy River; 444 people, including youth, children, men and women were executed. The justification of the massacre was the existence of an internal armed conflict, but in reality, they carried out this strategy in order to clean the zone and implant the construction of the Chixoy hydro-electric project. The National Electrification Institute – INDE – was responsible for the execution of this project, having received a loan from the World Bank and the Inter-American Development Bank for almost 1 billion dollars. In 2012, the Inter-American Court on Human Rights condemned the State of Guatemala for the massacres of Rio Negro and called for fulfillment of the reparations to the victims' family members for the damages caused, including the expropriation of land, crops, animals, identity and culture.

On January 17, 2014, after a 32-year community struggle, the Congress and President of the United States made a declaration demanding that the State of Guatemala and Otto Pérez Molina should pay the $154,000,000 in damages to the victims. The response of “ Mr. President “ was immediate: “To give these communities $154,000,000, is like saying that we are going to privilege these communities and leave others out.”  “Mr. President” this is a historic debt owed by the Guatemalan State to the victims of the massacres and the civilized world. The communities of Río Negro continue living in extreme poverty and in inhumane conditions. Your response, “Mr. President”, is irresponsible and aberrant.

Today, February 7, 2014, the Departmental Assembly of Huehuetenango – ADH – and the people of Santa Cruz Barillas, demand that the military government of Otto Pérez Molina respond responsibly and quickly to resolve once and for all the conflict in Barillas. 31 years later, the same methods are being repeated by Hidralia-Hidro Santa Cruz. It is time to end the conflict created by the Spanish company in its attempt to implant two hydro-electric projects in the Q’am’balam River. The conflict has gone on for five years and has resulted in the persecution, intimidation, and co-opting of community leaders. There have been assassinations, imprisonment; there is fear and terror. “Mr. President,” it is necessary to stop these companies.

The sad and terrifying story of Chixoy is related to the current persecution in Barillas through international financial institutions. The World Bank and the Inter- American Development Bank are financing Hidro Santa Cruz through the Inter-American Corporation for Infrastructure Financing (CIFI), which in 2010 provided financing for the Canbalam hydroelectric dam. In 2008, CIFI received an $80,000,000 loan from the International Financial Corporation of the World Bank Group.  In 2001, CIFI received $10,000,000 from the Inter-American Investment Corporation of the Inter-American Development Bank. We believe that these investments are responsible for the human rights violations and the damages suffered by the communities of Barillas.

Mr. Otto Pérez Molina, do you want to continue protecting companies that act illegally? What do you and your government stand to gain? Will you continue to repress the Q’anjob’al and Mestizo communities of Santa Cruz Barillas? Or what are your plans for this region that has been abandoned by the state of Guatemala?

For all of the previous reasons, as the ADH we demand:

A: The end to persecution, repression and criminalization of community leaders.
B: That the Spanish company Hidralia-Hidro Santa Cruz be expelled from the country given the harm it has caused to the communities of Barillas.
C: That Hidralia-Hidro Santa Cruz pay material, physical, physiological and cultural damages to the victims.

We call on:

• International organizations and the Inter American Commission on Human Rights – IACDH to visit in order to investigate the damages caused by Hidralia-Hidro Santa Cruz and that they issue a public statement.
• The governments of Europe, Canada and Latin America to investigate and make a public statement against the improper use given to funds provided by the World Bank and Inter-American Development Bank. 
• International solidarity organizations to denounce these acts and remain vigilant to the evolution of Otto Pérez Molina’s military government so that he upholds his responsibilities and that the persecution, repression and criminalization ends. 
• National organization to close our ranks in solidarity and unity of the People.

We demand liberty for our political prisoners.

The people of Barillas are not responsible for the violence; they are the object of a dark plan of repression and criminalization.

We are all Barillas
Life and Territory have no owner

Departmental Assembly of Huehuetenango – ADH – February 7, 2014

Xalalá geological feasibility studies, an emergency contract?

The monitoring committee of the community consultation in the Ixcán writes to the public opinion, social organizations, indigenous organizations and human rights protection organizations with the purpose of informing about the situation created by the plans for the construction of the Xalalá hydro-electric dam. 

Last November 7, the National Electrification Institute (INDE) signed a contract for 12 months with Brazilian company, Intertechne Consultores S.A., to undertake the geological feasibility studies of the Xalalá hydro-electric project. These studies are a preliminary requirement for the project’s construction and an offering from the government before potential investors. The awarding occurred directly, secretly and without transparency. 

The Xalalá project, located at the convergence of the Chixoy and Copón rivers, dates from the 70’s and has been retaken by recent governments, from Berger to Pérez Molina, as it would be the second largest hydroelectric dam in the country. In an article published in Business News Americas – Spanish on July 17, 2012, one finds the following information provided by INDE: “Mid-way through next year there will be a call for bids on the construction of the 180 MW Xalalá hydro-electric project in Guatemala… In accordance with the information coming from INDE, geological studies are being undertaken and the Programming and Planning Secretariat (SEGEPLAN) is working on social matters related to the project, which will require close to US $350 million. The studies will end in February, while the commercial model should be defined between March and April. The latter could determine if INDE will undertake the project without help or through a public-private partnership.” However, the execution of INDE’s plans was not made by the deadline, the new objective is to begin the dam’s construction in 2014.

The invitation to bid on undertaking the “Xalalá Hydro-electric Project Geological, Geotechnical, Seismic and Geophysical Feasibility Study” was published by INDE on December 18, 2012 and was declared null and void on March 5, 2013 for the lack of offers. It is possible that the declared community opposition and nonconformity with some of the conditions weighed on the businesses that bought the terms.     

Facing the bidding failure, the INDE managing council agreed, “to instruct INDE administration that, in accordance with the bidders who showed interest, in agreement with the terms of reference, and who did not participate under obligation by the management of project development, that this is a rapprochement with them without taking on any agreement, with the purpose of understanding the motives of those that did not bid and asking them about the possibility of accepting a direct invitation to present an offer to manage the study of the same project. If viable, the latter join a short list of bidders (3 bidders in agreement with the records associated with the acquisition of the terms of reference); and to define the procedure to follow, with the corresponding judicial opinion. In contrary to this possibility, to propose and recommend the course of action to be able to contract said study, with backing by the appropriate legal dictum.”      

Contracting the company Intertechne Consultores S.A. took place through an emergency purchasing method and was not published in GUATECOMPRAS. According to the new purchases, contract and alienation regulation of INDE, emergency purchases and contracting is possible with the authorization of the general manager. Article 37 of the regulation says: “In emergency situations previously classified by the responsible manager, branches or businesses, the general manager will be able to authorize that urgent purchases or contracts be carried out directly to resolve the related emergency situation. For purchases that do not exceed two million quetzales (2,000,000.00), the general manager must inform the executive council within 15 days that follow; purchases exceeding two million quetzales (2,000,000.00) will require the authorization of the executive council.   

It should be remembered that this new regulation was approved in March 2013, “with the purpose of accelerating the administrative paperwork of INDE's purchasing, contracts and alienation processes and in the interest of having a larger participation in them, it is necessary to adjust and update its standards with the objective of achieving this end and so gaining a better execution”. That is, to increase the conditions’ flexibility, facilitate the contracting procedures and motivate investors. This regulation and the 2013-2027 Energy Policy were presented in the Guatemala Investment Summit forum, which took place in June of this year, as part of the offers presented by the government to promote foreign investment in hydro-electric projects.        

The undertaking of the geological studies requires the presence on the ground of the contracted company’s personnel in five Q’eqchí communities where it is expected that the tunnel and retaining wall will be constructed, making bore holes up to 250 meters deep. Since the start of 2013, INDE personnel maintain strong pressure on communities and their leaders so that they permit the undertaking of the geological studies. A team of 25 developers tries to gain the trust of communities by giving gifts to children, parties, sports uniforms, helicopter trips and offering projects that are not within INDE’s capacity.      

Since the start of 2013, INDE tried to meet with community leaders in Playa Grande, Cobán, and the Guatemala City. The response of the communities was to reject the invitation and ask them to arrive in the region to inform their representatives, since INDE is the party that is interested in the dam’s construction and not the communities. Finally, on November 13, a meeting took place in San Juan Chactelá between said public company and representatives of communities of the Ixcán, Zona Reyna, Uspantán and Cobán that will be directly or indirectly affected by the dam’s construction.  During the meeting, the project manager and other INDE employees explained the institution’s operations, the importance of the Xalalá project and described the geological studies. On their behalf, the communities reiterated the decision expressed in the good faith community consultation and pointed out the distortion of information and the deception on the part of INDE developers. They also made them see the noncompliance of the reparations plan in the areas affected by the Chixoy dam, to whom the damage caused by the construction of the dam has not been repaired, more than 30 years later. A memorial was signed by the attending communities and supported by close to 1,500 attendees where the rejection of the construction of the Xalalá Hydro-electric Plant was reiterated.

On December 4, a meeting took place in the community of Asunción Copón, sponsored by INDE, with representatives of nine communities in the Ixcán microregions III and VI that have been developing the electrification of their communities for 11 years. Marinus Böer, general manager of INDE, and other functionaries of that institution arrived in a helicopter to speak about the comforts of electric energy, the importance of the Xalalá project and the geological study, telling community members that if they don’t accept the Xalalá dam, there will not be sufficient energy for the electrification of the communities. Despite the cooptation or deception of some leaders who lent themselves to the ploy, the position of the majority of community members was to demand electrification, which is a need that is felt in the communities, but they rejected the condition of accepting the Xalalá project, since access to electricity is a right for Guatemalans. On the part of the company, it promised to speed up the electrification project. The development coordinator of INDE repeated that through the electrification projects in the zone, they look to gain the communities’ trust. 

With their lies and biased actions, INDE hopes to confuse public opinion and the communities, and at the same time promote a confrontation between the pro-electric energy committees and the organizations and communities that promote the defense of territory, who are labeled as opponents of development. The lack of electric energy in the rural communities in the north of Huehuetenango, El Quiché and Alta Verapaz, where there is less than 40% coverage, is not due to the lack of generation capacity, but rather the small investment in the rural distribution networks. The 2013 - 2027 Energy Policy, presented by the Ministry of Energy and Mines at the start of this year, notes that, “the current demand of electric power reports values close to 1,500 MW, while the Guatemalan generator park has a production capacity close to 2,700 MW”.  Meanwhile, the demand for 2027 is an estimated 3,000 MW. This surplus allows Guatemala to be the largest Central American exporter of electric energy today. The same government document highlights our country’s great hydro-electric potential and presents the possibilities of increasing the generation capacity and the international market opportunities. The policies and public and private investment have prioritized electric interconnection for large consumers, which is to say the urban and industrial centers and exportation through the Central American Electrical Interconnection System (SIEPAC).    

In light of the mentioned facts, the organizations and communities that form the Ixcán community consultation monitoring committee affirm that undertaking the "Xalalá Hydro-electric Project Geologic, Geotechnical, Seismic and Geophysical Feasibility Study" as contracted by INDE does not have the free, prior and informed consent of the communities where it is claimed that the study will take place and overlooks the results of the community consultations undertaken in the Ixcán (2007) and Uspantán (2009) municipalities. The imposition of government plans for the construction of mega-projects, without considering the decision and rights of the indigenous communities that will be affected could cause conflicts and confrontations, such as are occurring in Barillas and San Mateo Ixtatán (Department of Huehuetenango) and Monte Olivo, municipality of Cobán.

The strategy of making a condition of development projects, to mislead and divide communities is also a violation of the rights of indigenous people to information, to freely decide their development priorities, to a free, prior, and informed consultation and to non-discrimination.  One would have to ask the INDE executives: How much has this institution spent in social studies and paying consultants who direct the “social work” of promoting the Xalalá project? How much has it cost the Guatemalan people to sustain a large team of developers, the vehicles, the constant helicopter flights, the parties and the gifts to win the trust of the communities? Why not invest this money in compensating the communities affected by the Chixoy dam? Why believe that they can continue changing indigenous people's gold for glass beads? They have forgotten that we are neither in the times of the conquest, nor of Ubico, nor in the 80’s when our communities were massacred with impunity.

Playa Grande, Ixcán, December 9, 2013

1 http://content.yudu.com/Library/A2kzvp/IntertechneNoticias4/resources/index.htm?referrerUrl=http%3A%2F%2Fwww.intertechne.com.br%2Fesp%2Findex.php%3Foption%3Dcom_content%26task%3Dview%26id%3D352%26Itemid%3D2
2 http://cmiguate.org/secretamente-inde-otorga-proyecto-de-xalala-a-empresa-brasilena/
3 CDR-084-2013. AJP-314-178-2013 OAI-110-79-2013 A-13-2013-4 Guatemala, 9 April 2013.
4 Reglamento de compras, contrataciones y enajenaciones del instituto nacional de electrificación, approved in session of 5 March 2013 by the Directive Council of INDE, act number 9-2013.
5 Idem
6 “Acuerdo Política entre el Gobierno de la República de Guatemala y los representantes de las Comunidades afectadas por la construcción de la hidroeléctrica Chixoy”, signed 10 July 2009 by the President of the Republic, Representative of COCAICH, the mediator of the OAS.
7 Ministry of Energy and Mines. Energy Policy 2013-2027, page 22.