Guatemala News Update: March 17-21

Human Rights Ombudsman to reprimand institutions for noncompliance with Access to Information Law

The Human Rights Ombudsman, Jorge de León, announced that his office will present a report to the Public Ministry that will list institutions which have failed to comply with the Access to Information Law. 

Format of elections for Supreme Electoral Court questioned

Last week, Guatemalan parliament chose five judges and five alternate judges to comprise the Supreme Electoral Court until 2020. The judges were chosen in private meetings and some are now questioning the secretive format of the elections, fearing that the chosen judges may have to return favors to the election committee. 

Fashion Faux Pas? Free Trade and Sweatshop Labor in Guatemala

By Cyril Mychalejko

*Article originally published in Truthout.

Free trade agreements have not delivered promised protections to workers, as the case of Guatemalan sweatshop labor illustrates.

Juana, a 37-year-old single mother of two teenage sons, worked at a sweatshop in Guatemala that supplied clothes to more than 60 US retailers for four years.

“It was just enough to survive,” said Juana of the $1.05 hourly base wage she received at the factory. “When they paid for extra hours, one could get more resources. But it is not enough for education, housing, health, food and clothing. One does not live well with that wage. You need someone else in the family to be working, too.”

She is one of more than 1,000 mostly indigenous Mayan workers who were exploited and robbed at the Alianza Fashion Factory in the Department of Chimaltenango making garments for brands such as Macy’s, Walmart, JCPenney and Kohl’s. A worker such as Juana would have to work for more than 9,776 years to earn the $33.7 million JCPenney CEO Myron E. Ullman III made in 2012. JCPenney was Alianza’s top client in 2011.

A report published in January by the Institute for Global Labour and Human Rights and the Center for Studies and Support for Local Development (CEADEL) offers a detailed case study of the corruption, abuse and shameless profiteering that often exemplify the global supply chain, demonstrating that globalization and “free trade” do not “lift all boats” but instead build more yachts for the 1%.

“Over the last 12 years, the Alianza workers were robbed of over $6 million in wages and benefits due them, most significantly health and pension benefits through the Guatemalan Social Security Institute (IGSS),” the report states.

During those 12 years, the report estimates that more than 52 million garments were produced for export. Retailers have marked up the price from the cost of production of items as much as 550 percent.

Bong Choon Park Seo, the South Korean owner of the factory, closed Alianza in March 2013 and is being sought by the Guatemalan government, although critics question how resolutely. In the 12 years that Park owned the factory he changed its legal name four times to avoid taxes and pocket the millions of dollars of stolen wages.

Guatemala News Update March 8-14

Under the Volcano: Mining conflicts in Guatemala erupting in violence

Tensions continue to grow over mineral exploitation in Guatemala. One mining resistance movement, extraordinary for its dedication to non-violence and its success to date, is La Puya. The movement celebrated its second anniversary on March 3^rd. The movement has lessons to offer other movements in Guatemala, as well as environmental movements in the U.S. 

Backlash continues over hydroelectric projects in Guatemala

An estimated 20,000 people demonstrated in Guatemala City last week against a plan to expand energy projects throughout rural areas of Guatemala complaining that energy prices are too high and that hydroelectric projects would result in displacement and land seizures. Of 57 sources of conflict identified by the country’s Human Rights Ombudsman’s Office, 17 are hydroelectric projects, including Chixoy and Xalalá. 

“There’s no justice for the people whose human rights were violated,” Kelsey Alford-Jones, executive director of the Guatemalan Human Rights Commission USA, said. Major hydroelectric and mining projects are notorious for “corruption and rubber stamping of environmental impact reports,” which has “led to severe lack of trust in public institutions.”

Survivors remember victims of Río Negro Massacre

Carmen Sánchez, whose son Miguel was murdered in the Río Negro Massacre at three years old on May 14, 1982, remembers her son and other victims of the massacre that was the devastating result of the installation of the Chixoy Dam. Community members, including Carmen, knew there were conflicts related to the pending dam, but never thought the soldiers would come to Río Negro. Thirty-two years later, justice has still not come. Through the Appropriations Act passed by the U.S. Congress, Carmen and other survivors are hoping that peace will come one day.

Victory in the US Congress: Reparations for the Chixoy Dam and the Military Ban

32 years ago today, 177 women and children were brutally murdered in Pokoxom during a series of state-ordered massacres which left a death toll of 444 Maya Achi people. The Guatemala Human Rights Commission/USA expresses support for the survivors of the community of Rio Negro, who lived through brutal violence committed as part of the construction of the Chixoy hydroelectric dam.

On January 16th, after a protracted battle, the US Congress passed a consolidated appropriations bill for 2014. The bill includes various restrictions on funding from the US Department of State (DOS) to Guatemala’s armed forces — a clear, if partial, victory against impunity and militarization.

Reparations for the Chixoy Dam

The Chixoy Hydroelectric Dam Reservoir. Photo by James Rodríguez.

The restriction that has received the most attention in Guatemalan news relates to reparations to 33 communities impacted by the construction of the Chixoy Dam in the early 1980s. Members of these communities, including survivors of the gruesome Rio Negro massacres, have waited for over 30 years for compensation and recognition of the injustice and abuse they suffered. The legislation bars the Guatemalan army from receiving funding under the Act until DOS certifies that Guatemala is taking credible steps to implement the Reparations Plan which the Guatemalan government signed in 2010, but never implemented.

In February, the organization representing the 33 communities affected by the dam — Adivima — released a statement criticizing the lack of progress in the implementation of the Reparations Plan. Adivima reported that, in the month after the bill was passed, the communities were neither approached by the government, the World Bank or IDB, nor were they informed of any concrete steps taken by the government to address the issue.

GHRC and partners are calling on the US Government to seek input from the communities as part of the evaluation process the bill requires. The US Appropriations Law creates a historic opportunity to finally compensate the communities that lost their homes and hundreds of loved ones, but if they are locked out of the process, we risk re-victimizing the very communities the law is meant to support.

The Military Ban

The bill contains another restriction, which has been largely ignored, related to ongoing and past human rights abuses committed by the Guatemalan Army. The language accompanying the bill bars DOS from granting funds from the Foreign Military Financing Program to the army until the Secretary of State certifies that the army is meeting certain conditions. The restriction is narrow, and still allows funding under this program to the rest of Guatemala’s armed forces.

Guatemala News Update: March 3-7

Investigation to follow death of Supreme Court Justice César Barrientos Pellecer

Guatemalan Supreme Court Justice César Barrientos Pellecer died last Sunday in Mazatenango bullet wounds to the head. News sources first presented conflicting reports as to whether his death was a suicide or a homicide; however, the National Forensic Science Institute (Inacif) confirmed that Barrientos committed suicide. GHRC expressed profound sadness regarding Barrientos’ death and released a note, written by Barrientos shortly before his death, which exemplified his dedication to justice. Now, the court must choose someone to fill the vacancy left by Barrientos.

Two years of peaceful resistance in La Puya

The communities of San José de Golfo and San Pedro Ayampuc (‘La Puya’) celebrated two years of peaceful resistance last Sunday against a mining project by U.S.-owned company Kappes, Cassiday and Associates that would cause severe harm to the environment. Around 1,000 people joined a march on Sunday to commemorate the anniversary. See highlights and photos from the event here.

Residents at ‘La Puya’ Celebrate Two Years of Peaceful Resistance

On Sunday, March 2, 2014, ‘La Puya’ — a nonviolent resistance movement against an unwanted gold mine near residents’ homes — celebrated its two-year anniversary.

Photo highlights from the anniversary can be seen here:

Since March 2 of 2012, participants in the movement have maintained a peaceful, 24-hour blockade at the entrance to the mine. Residents are concerned about the health and environmental impacts that the mine would have on their communities; they are also fighting for their right to be consulted about the project, as required under national and international law.

A banner welcomes participants to the two-year anniversary celebration at La Puya

At the anniversary event, community members celebrated their successes in defending their territories, as well as the recent decision by Guatemalan company P&T Contratistas to permanently pull all of their heavy machinery and other mining equipment out of the site.

“We never thought when we started this movement that we would make it to the two-year mark. For us, it is truly a victory and an example for many others,” said Álvaro Sandoval, community leader at La Puya. “The most important thing is to protect the communities’ right to decide for ourselves whether we want this project or not. It’s not up to them [outsiders] to come and impose it.”

GHRC staff members presented La Puya with a banner of recognition as well as a letter of solidarity signed by 25 organizations and nearly 2,000 individuals from over 50 countries. The resistance also formally recognized GHRC, among other individuals and organizations, for accompanying the communities in their struggle and for condemning human rights violations against them at the international level.

Parting Message from Justice Barrientos Called for Continued Reforms, Commitment to Justice

(Read in English below)

El Magistrado César Barrientos Pellecer se esmeró en alcanzar los más altos estandardes de la justicia y el estado de derecho. Sus esfuerzos valientes a implementar reformas al código procesal penal llevó a numerosas reformas procesales y administrativas, así como a la implementación exitosa de los tribunales de mayor riesgo, en los cuales jueces conocen casos de profunda importancia para la nación. El Magistrado Barrientos nunca vaciló en cuestionar el estatus quo y sus votos razonados defendieron y permitieron mayor respeto para víctimas, protecciones más fuertes para poblaciones vulnerables y para los derechos indígenas y el cumplimiento estricto con las obligaciones del Estado de Guatemala bajo leyes internacionales.

El siguiente mensaje es muy probablemente el último que envió la mañana de su muerte el 2 de marzo de 2014. Ofrece una visión clara y sucinta de lo que debe ser – y puede ser – el proceso penal. Aunque escrito en una voz imparcial, está claro que este breve manifiesto representa su compromiso firme y ferviente con la justicia. Es, en gran parte, un llamado apasionado a dar seguimiento a lo que él inició.

— — —

Guatemala News Update: February 24-March 2

Two years of peaceful resistance in La Puya

The community of La Puya celebrated two years of peaceful resistance yesterday against a mining project by U.S.-owned company Kappes, Cassiday and Associates that would cause severe harm to the environment and affect the health and homes of many in the areas of San José de Golfo and San Pedro Ayampuc. Around 1,000 people joined a march to commemorate the anniversary and protest future mining plans. Last week, the contracting company broke their relationship with KCA and pulled the machinery out of the mine permanently. GHRC joined the protesters in solidarity and La Puya presented GHRC with a certificate of appreciation for standing by them in peaceful resistance.

Short-list of candidates for attorney general position to be presented in May; CC hears final arguments regarding the term of Attorney General Claudia Paz y Paz

The nominating committee will turn in a list of six candidates for the next attorney general to President Pérez Molina on May 2. Candidates, who must prove their legal and personal accomplishments and that they do not associate with members of organized crime, may apply this Friday through March 7. Paz y Paz has not yet decided whether she will run for reelection.

The Constitutional Court heard final arguments on February 26 from Claudia Paz y Paz on why she should stay in office until December, and from Ricardo Sagastume on why her term should end in May. Supporters from both sides attended the hearing, including representatives from GHRC. Though Paz y Paz supporters had a greater presence, Sagastume said he felt “secure” that the court would rule in his favor. The Court has 15 days to deliver a decision.

Inter-American Development Bank to cooperate with Guatemalan government for Chixoy reparations

After meeting with President Pérez Molina and Minister of Finance María Castro, Luis Alberto Moreno, President of the Inter-American Development Bank, announced that the Bank will cooperate with the Guatemalan government to compensate surviving victims of the 1980s Chixoy Dam project.

Human rights defenders cite slow advances for justice in Guatemala

In honor of the UN’s Commission for Historic Clarification’s report “Memorias del Silencio,” released 15 years ago, human rights organizations expressed that progress has been slow regarding access to justice for the victims of Guatemala’s internal armed conflict.

Central American women speak out against violence

This Guardian piece looks at the obstacles, including threats and harassment, faced by women human rights defenders in Central America, as well efforts by the Mesoamerican Human Rights Defenders’ Initiative (IM-Defensoras) to provide women with security and support. The article highlights Lolita Chavez, a GHRC partner who came to the US to speak last year, who has been targeted on multiple occasions for speaking up for indigenous rights and women’s rights.

High Risk Court declines to hear Rios Montt amnesty application

The High Risk Court declined to analyze Rios Montt’s request for amnesty. The President of the Tribunal explained that the High Risk Court already ruled on this issue in October of 2012 and could not rule on it again. This is the third court to excuse itself from the process. Rios Montt is currently under house arrest and is awaiting his trial in January of 2015, though his application for amnesty must be decided first.

Inter American Press Association asks Guatemala to investigate murder of four journalists

A delegation from the Sociedad Interamericana de Prensa (SIP) visited Guatemala last week to meet with President Pérez Molina and other officials on the status of freedom of the press in the country, as recent events have signaled an increase in violence against journalists. The SIP encouraged the administration to investigate the murder of four journalists last year. 

Later this week, the CC decided to suspend measures against José Rubén Zamora, the president of “El Periódico,” who Vice President Roxana Baldetti accused of falsifying information about corruption in the administration. As a result, Guatemala will establish the “Sistema de Protección a Periodistas” (Journalists’ Protection System) to ensure freedom of the press and safety for journalists. The U.S. Department of State’s annual report on human rights throughout the world also expressed concern for violations regarding press freedom in Guatemala in 2013.

Trial begins for another ex-guerilla leader

In Chimaltenango, the trial began on Thursday for an ex-guerilla leader accused of killing 21 indigenous farm workers in 1988 during the Civil War. The accused, Fermín Solano Barillas, has been in prison since May of last year, and could be sentenced to more than 50 years in prison.

Nine convicted in May 2011 massacre

A Guatemalan court convicted three Mexican and six Guatemalan drug traffickers last Friday in the massacre of Guatemalan farm workers in May of 2011. The sentences given were for 106 to 114 years in prison.