News Update: May 3-20

Genocide Trial Update:  

On the evening of May 20th, the historic May 10th ruling that convicted former General Efraín Ríos Montt of genocide was overturned.  The Constitutional Court met to rule on a constitutional challenged raised by Ríos Montt’s defense attorneys at the very end of the trial. The 3-2 ruling in favor of the challenge sets the case back to April 19th, at which point all testimonies had been heard. However, while the annulment does not include the testimonies, it remains unclear whether the trial will be reconvened or repeated altogether.

Challenges to the conviction do not come as a surprise. Since the trial’s conclusion, business and hard-line military supporters have issued numerous statements calling for its annulment. The Coordinating Committee of Agricultural, Commercial, and Industrial Finance (CACIF) stated in a press release that the trial was illegal, that “justice had been prey to ideological conflict,” and the conviction of genocide was “an opinion of the court that we did not share.” Ríos Montt supporters have organized demonstrations protesting his conviction. Moreover, presidential spokesman Francisco Cuevas criticized the international community for “driving the polarization” of Guatemalans following the trial. He also claimed that foreign interference from NGOs in the trial court proceedings ultimately influenced the landmark genocide verdict.

Meanwhile, international coverage of Ríos Montt’s conviction has generally been favorable. The New York Times, the Los Angeles Times, and the Huffington Post all provide solid historical background to the case. CNN and Aljazeera offer film coverage. A Huffington Post blogger explicitly implicated US involvement, particularly Ronald Reagan’s role. BBC and the Wall Street Journal also covered the trial.

Before Monday’s ruling, Ríos Montt was held in an army medical center, to which he was transferred after fainting on the way to a hearing regarding victim reparations. At the hearing, Judge Barrios ruled that heads of government, Congress and the judiciary, as well as interior ministers of defense must ask forgiveness of the Maya Ixil population. The court also ordered the government to establish schools on human rights within military and police academies. Pérez Molína continues to deny that the genocide occurred, but is willing to apologize for wartime atrocities.

The Public Prosecutor’s Office is also investigating 263 former guerillas for crimes against humanity, including inquisitions into accusations of terrorism, murder, forced disappearance, genocide, and torture.

Update on Conflict in San Rafael las Flores:

President Pérez Molína ended the “state of seige” declared in San Rafael las Flores and put in place a “state of prevention,” which restores basic rights of the residents but restricts the right to strike, the movement of legal weapons, and public demonstrations. Military and police presence ostensibly remains “exactly the same,” according to Pérez Molína. The president’s decision came after a number of jurists and constitutional lawyers pointed out the illegality of continuing the state of siege. Additionally, the Guatemalan Indigenous and Campesino Union Movement (MSICG) presented two legal actions before the Constitutional Court alleging the siege’s unconstitutionality and dictatorial nature.

Investigations into the conflict found that the chief of private security of the controversial San Rafael mine, Alberto Rotondo, explicitly gave the order to kill the protesters, clean the crime scene, and alter the police report. Residents of San Rafael have also denounced Mayor Leonel Morales, who has shown intent to implement a military outpost there. Morales had staff collect signatures for a pro-military petition only in areas where it had significant approval, while ignoring all surrounding villages that opposed it.

During the state of siege, numerous community leaders and mine opponents were arrested. Sixteen arrests occurred in Santa Rosa and Jalapa alone. Indigenous leader Guillermo Carrera Alvizures was arrested on counts of kidnapping, conspiracy, unlawful assembly, and aggravated robbery. Community members call for his liberation, claiming that leaders are being unjustly criminalized.

Weekly News Roundup

July 20-August 2

• Constitutional Court to hear case on constitutionality of mining law. On Monday July 23rd, the court heard a case challenging the 1997 mining law for the failure to consult with communities. The lawsuit was filed by the Western Peoples Council (CPO) and will allow the Constitutional Court to have 20 days to rule after the hearing. The CPO plans to bring the case to the Inter American Court on Human Rights if the court does not rule in its favor.

• Eight thousand community members march to oppose mining. Residents of Jalapa, Jutiapa, and Santa Rosa protested on Friday, July 27th, in San Rafael Las Flores. In addition to opposing the San Rafael mine itself, the community members were protesting the absence of a visit by a high-level commission to the area, which was supposed to attend meetings on mining exploration. In response to the march, the municipal center was closed and 200 police agents were sent.

• The Center for Environment and Legal Action CALAS denounce the granting of new mining licenses as illegal. This May, the Ministry of Energy and Mines approved seven new licenses in contravention of a ruling by the Constitutional Court in regards to the need to consult communities and take into account their decision. The mining licenses were approved for projects in Alta Verapaz, San Marcos, Zacapa, Jutiapa and Santa Rosa.

• Indigenous communities and campesinos reject constitutional reforms. The Assembly of the National Indigenous, Campesino and Popular March (Amarc) expressed their rejection of the group of constitutional reforms presented by the executive branch to Congress. They stated that the reforms not only do not express the sentiment of the people of Guatemala, but that they disregard the sentiment and needs of campesino and indigenous communities.

• Rigoberta Menchu, Nobel Prize winner, calls for an analysis of the impact of development on indigenous populations. Menchu proposed an analysis of the impact development and development projects have had on indigenous populations around the world. Menchu called upon the international community to study the effects of the Universal Declaration on the Rights of Indigenous Peoples and its fulfillment by the governments of the world. She also stated that indigenous communities should be taken into account when studying legislation and projects that might affect them.

• MSICG denounces attacks on union leaders. The Campesino and Indigenous Union Movement of Guatemala (MSICG) denounced attacks on union leaders and requested that the Inter American Commission on Human Rights grant precautionary measures. The representatives stated that for years the rights of the people have not been respected in Guatemala and that the justice system has failed to protect union leaders.

• Repression continues in Santa Cruz Barillas. The Court of First Instance in Santa Eulalia reported on July 25th that arrest warrants exist for another 33 people in Santa Cruz Barillas, following the 12 arrests made during the State of Siege in May. The charges include kidnapping, threats, and delinquency; the accused, who are activists and leaders within the community, deny that they have any connection to the crimes. Centro de Medios Independientes also interviewed Sergio Vives, a lawyer for the activists captured in May, about the recent events.

• Public Prosecutor’s office to appeal Byron Lima decision. The Public Prosecutor’s Office (MP) will appeal the July 13th decision that granted release from prison to retired colonel Byron Lima, who was convicted of the assassination of Bishop Juan José Gerardi in 1998. The MP’s decision is based on the six years that the ex-colonel spent in the military hospital, during which time it was not possible to verify his conduct. Additionally, Prosecutor Jorge Garcia stated that in a previous attempt to seek early release, the authenticity of the documents submitted on behalf of Lima was in question.

• Inter American Commission takes Guatemala to court. The Inter American Commission on Human Rights announced that it was remitting a case to the Inter-American Court for Guatemala’s lack of investigation into the murder of Florentin Gudiel Ramos, a human rights activist killed in 2004. The case remains in impunity and his family members had to leave their homes as the government could not guarantee their safety after testifying before the authorities.

• Prosecutor’s Office requests additional charges against Garcia Arredondo.  The Prosecutor’s Office has requested the judge of the case against former director of the National Police to add the charge of attempt of murder to Garcia Arredondo. Arredondo faces charges of forced disappearance for the case of two students from the University of San Carlos who were kidnapped and murdered when they were coming back from the funeral for 37 Spanish citizens who died during the fire in the Spanish embassy in 1980. Garcia Arredondo is also being investigated for that case, as he is accused of preventing firemen from rescuing personnel from the embassy.

GHRC Stands in Solidarity with the People of Santa Cruz Barillas/GHRC expresa nuestra solidaridad con la población de Santa Cruz Barillas

The Guatemalan Human Rights Commission in Washington, DC (GHRC/USA) wishes to express its deepest concern about the crisis in Santa Cruz Barillas, Huehuetenango and the excessive and arbitrary reaction of the Guatemalan government.

President Otto Pérez Molina in Santa Cruz Barillas from plazapublica.com.gt

We condemn the attack on May 1 in which Andrés Francisco Miguel was murdered and Pablo Antonio Pablo Pablo and Esteban Bernabé were seriously injured, an attack apparently carried out by individuals linked to hydroelectric company Hidro Santa Cruz SA. Our heartfelt sympathy goes out to the victims and their families.

In a community meeting held in the town of Barillas on June 23, 2007, the community expressed their opposition to mining activities and other mega projects. From the outset of the proposed project, residents have expressed their rejection of the proposed Canbalam hydroelectric project and have denounced the lack of prior and informed consent.

The government’s decision to declare a state of siege and suspend fundamental rights is ironic given that this conflict arose because of the state’s failure to recognize and respect the collective rights of the community. Far from pacifying and providing a real solution to the conflict, the state of siege only serves to generate more fear, disharmony and insecurity.

We criticize the baseless and defamatory statements of government officials linking social movements to organized crime groups, such as Los Zetas. This attempt to defame and discredit community leaders is a poor pretext to justify the improper use of the armed forces.

We also reject the malicious accusations against international organizations working in Guatemala. We are troubled by this smear campaign because of the negative impact it can have on those who work on behalf of human rights, solidarity, and the development of the country. We ask the media to maintain impartiality in their coverage of the news in order to promote peace among the people.

The actions of military officials and security forces –roundups, home searches, threats, and arrests–repeat a pattern of criminalization of social movements and community leaders who seek respect for their historic rights as indigenous peoples to decide the best use of their land and natural resources.

We are alarmed that the government has given priority to the capture of community leaders over the arrest of those responsible for the murder of Andrés Francisco Miguel.

In addition, we wish to express our concern for the irregular and furtive manner in which 12 community leaders were secretly transferred from Huehuetenango to a high-security prison in Guatemala City. Authorities not only failed to notify family members beforehand, but also refused to answer questions about the detainees’ whereabouts. The community leaders, not convicted of any crime, have been placed in the prison’s general population along with gang members, extortionists, and murderers.

We urge authorities to:

• Guarantee the safety, welfare, and fully respect the rights of those imprisoned, and to immediately review the charges against them;
• Investigate the assassination of Andrés Francisco Miguel and prosecute the material and intellectual authors of this deplorable act;
• Lift the state of siege and demilitarize the response to social conflict;
• Suspend the Hidro Santa Cruz’s construction license, respecting the community referendum carried out in 2007.

The government has a supreme duty to guarantee the inalienable rights of its citizens. At all times, in peace or in conflict, this obligation must be the guiding force behind every action of the state. The appropriate solution to the conflict in Santa Cruz Barillas can only be found through a respect for the rights of its people, not through the suspension or the violation of those rights.

La Comisión de los Derechos Humanos de Guatemala en Washington (GHRC/USA, por sus siglas en inglés) quiere manifestar su profunda preocupación por la crisis desatada en Villa de Barillas, Huehuetenango y la reacción excesiva y arbitraria del Gobierno de la República de Guatemala.

Estado de sitio en Santa Cruz Barillas, Huehuetenango

Repudiamos el ataque del 1 de mayo en cual fue asesinado el campesino Andrés Francisco Miguel y quedaron gravemente heridos los señores Pablo Antonio Pablo Pablo y Esteban Bernabé, un ataque aparentemente perpetrado por personas ligadas a la empresa Hidro Santa Cruz. Nuestras sinceras condolencias están con las víctimas y sus familias.

En una consulta comunitaria celebrada en el municipio de Barillas el 23 de junio del 2007, la comunidad expresó su rechazo a la minería y otros megaproyectos. Desde el principio del proyecto propuesto, los vecinos han expresado su rechazo total al hidroeléctrico Canbalam y han denunciado la falta de consulta previa e informada.

La aprobación de un Estado de Sitio y la suspensión de los derechos fundamentales, es un acto que resulta hasta irónico dado que este conflicto nace por el no respeto a los derechos colectivos de esta comunidad. Lejos de apaciguar y buscar una solución verdadera a la situación conflictiva, solo ha servido para sembrar más discordia, miedo e inseguridad.

Criticamos las declaraciones sin fundamento de funcionarios del Gobierno vinculando al movimiento social con grupos de crimen organizado, como los Zetas. Este intento de difamar y desprestigiar a los líderes comunitarios es un mal pretexto para justificar el indebido uso de las fuerzas armadas.

De igual forma rechazamos las acusaciones tendenciosas lanzadas en contra de las organizaciones internacionales. Esta campaña negra nos preocupa por las repercusiones que pueda tener para las personas que trabajan en pro de los derechos humanos, la solidaridad y el desarrollo del país. Pedimos a los medios de comunicación la imparcialidad de sus notas con el fin de promover la paz en la población.

Las actuaciones de los funcionarios y las fuerzas armadas—redadas, allanamientos, amenazas y arrestos—replican un patrón de criminalización de movimientos sociales y líderes comunitarios quienes buscan cumplimiento con sus demandas históricas del derecho a la consulta y al territorio ancestral.

Estamos alarmados por la prioridad dada a la captura de líderes comunitarios por encima del arresto de los asesinos responsables por la muerte de Andrés Francisco Miguel.

Además, expresamos nuestra profunda preocupación por la forma en que los 12 líderes fueron trasladados desde Huehuetenango a una cárcel de máxima seguridad en la capital, sin previo aviso y de forma encubierta. Las autoridades no solo no avisaron a los familiares, sino también negaron contestar preguntas acerca del paradero de los detenidos. Los lideres comunitarios, no condenado por ningún delito, fueron colocados en la población general de la cárcel, junto con mareros, extorsionistas y asesinos.

Instamos a las autoridades:

• Garantizar la seguridad, bienestar y el pleno respeto a los derechos humanos de los detenidos, y inmediatamente revisar las cargos contra ellos;

• Investigar el asesinato de Andrés Francisco Miguel y llevar a juicio a los responsables materiales e intelectuales de este deplorable hecho;

• Levantar el estado de sitio y desmilitarizar la respuesta al conflicto social;

• Suspender la licencia de construcción de la Hidro Santa Cruz respetando la consulta comunitaria que se llevó a cabo en 2007.

El Estado tiene el deber supremo de ser garante de los derechos inalienables de sus ciudadanos. En todo momento, de paz o conflicto, esta obligación debería ser la guía primordial para el actuar de las autoridades. La solución idónea al conflicto de Santa Cruz Barillas solo se encontrará por medio de respeto a los derechos de sus habitantes, y no por la suspensión o violación de ellos.

Weekly News Roundup

April 27^th- May 3^rd

• Human rights organizations protest against Canadian mining company. On April 27^th a group of thirty activists of human rights organizations protested Goldcorp’s mining operations in Toronto while the company was holding its Annual General Meeting in Timmins, Ontario. The protesters hoped to raise awareness of the company’s human rights abuses and environmental violations. The mine has been criticized locally and internationally for contaminating water sources; condoning intimidation, threats and attacks against community members; disregarding community referendums and international regulations, among other abuses.

• Cases of sexual violence and human trafficking on the rise. Given the growing number of cases of sexual abuse and human trafficking, judges and lawyers will hold prevention and awareness workshops. Additionally, on April 30^th the president of the Supreme Court of Justice, Thelma Aldana, announced that a specialized tribunal will start investigating crimes related to sexual violence and exploitation and human trafficking in August.

• Thousands of workers participate in International Workers’ Day marches on May 1^st. Echoing the demands of previous campesino and union marches this month, the International Workers’ Day marchers demanded an end to militarization and exploitative mining projects and criticized the decision by Congress to freeze further dialogue concerning the rural development law. They also asked for higher salaries and an end to high levels of impunity. According to Carlos Contreras, Guatemala’s Employment Minister, seven out of ten companies violate labor rights. In the first months of 2012 more than 4,000 complaints of labor violations have been sent to the Department of Labor.

• Guatemala declares state of siege in Huehuetenango on May 1^st. Interior Secretary Mauricio Lopez Bonilla sent a contingent of 100 military and 160 police forces to Santa Cruz Barillas, Huehuetenango to “restore order” after a group of 200 men armed with machetes and guns took over a military base in the area. Security forces arrested nine men involved in the mob after the declaration of the siege. That same afternoon, one community member was assassinated, and two others injured, in attacks by armed men with apparent links to the company. The village of Santa Cruz Barillas has outspokenly protested against the construction of the hydroelectric company and denounced the lack of consultation. The community is calling for a suspension of the company’s license.  According to Interior Secretary Mauricio Lopez Bonilla the riots were started by a group of intoxicated men who had been celebrating the La Cruz festival. President Perez Molina justified the state of siege on the grounds that the rioters were accomplices of drug traffickers. Human rights and peasant organizations repudiate the state of siege.

• Former police officer to stand trial for his involvement in Spanish Embassy fire in 1980. On the day of the fire, January 31^st 1980, the Embassy was stormed by indigenous protestors who wanted to inform the world about human rights abuses committed during the internal armed conflict. Former police officer Pedro Garcia Arredondo is accused of keeping firefighters from extinguishing the fire and ignoring the ambassador’s plead to withdraw his forces.

• 5,708 remains of victims of the internal armed conflict unearthed. Juan de Dios Garcia, representative of Adivima, confirms that the exhumation of victims’ remains helps to push the Public Prosecutor’s Office to move forward with their investigations of the massacres, and to bring justice to the victims and their families. He also mentions that finding the remains of the disappeared gives family members the peace of mind to know where their loved ones are and enables them to carry out a proper burial in keeping with cultural traditions.

• Candidates for the position of the Human Rights Ombudsman summoned to hearing. Candidates were asked to respond to questions and concerns from civil society groups. Most questions were directed towards the current Ombudsman Sergio Morales. The next step in the election process will be a forum discussion to be held May 11. Civil society organization released a public call to the Congressional Commission for Human Rights asking for an evaluation of the immediate necessities of the Office of the Ombudsman to strengthen the institution. With regards to the election of the Ombudsman, they recommend considering candidates whose defense of human rights, academic background, honesty and impartiality have sustained national and international acclaim.