Global Palm Oil Traders Acknowledge the Need to Prevent Human Rights Abuses in Guatemala

Civil Society Pressure Shines a Spotlight on Ongoing Environmental Destruction and Murder in Guatemala’s Palm Sector

June 8, 2016

One year after a massive spill of toxic palm oil effluent into Guatemala’s Pasión River that was labeled an ‘ecocide’ by a Guatemalan court, and nine months after the killing of a Guatemalan activist who denounced the spill, social movement groups in Guatemala are still demanding justice, and companies have begun to recognize that such violence and ecocide must not be tolerated.

Last week, Cargill, one of the largest purchasers of palm oil from Guatemala, published a statement requiring REPSA, the Guatemalan company that was the defendant in the ecocide case, to take a series of actions to prevent future violence. The same day, REPSA published a “Policy on Non Violence and Intimidation.”

The companies’ statements come in the wake of a series of tragic events, and as a response to continued pressure from Guatemalan civil society and international advocacy groups.

Following a deadly spill of pesticide-laden palm oil waste into the Pasión River in the municipality of Sayaxché in northern Guatemala in June 2015, a Guatemalan court ruled the spill an “ecocide” and ordered that REPSA suspend operations pending investigation. Immediately following the ruling, in September, 2015, one of the plaintiffs, Q’eq’chi Mayan schoolteacher Rigoberto Lima Choc, was shot and killed.

In response, civil society groups in Guatemala have pursued a series of legal actions and non-violent protests, and a coalition of international advocacy groups including Friends of the Earth-US, Rainforest Action Network, ActionAid USA, Oxfam America and the Guatemala Human Rights Commission/USA have called on global palm oil giants Wilmar, Cargill, IOI, ADM, AAK and Bunge to publicly denounce the violence, cut ties to REPSA, and take clear steps to address human rights risks in their supply chains. Friday’s statements from Cargill and REPSA are the first visible signs that companies recognize the need to address civil society’s demands.

“The clear denunciation of violence by both Cargill and REPSA is a positive step and clearly needed given the recent murder and kidnapping of activists,” said Gemma Tillack, Agribusiness Campaign Director for Rainforest Action Network. “The statement issued by Cargill contains a number of clear demands that REPSA must comply with to maintain contracts – but this falls short of local civil society demands for the shut down of REPSA’s palm oil operations that were responsible for the ecocide of the Pasión River.”

“Cargill’s public position against violence and REPSA’s promise of reform are significant,” said Jeff Conant, Senior International Forests Program Director at Friends of the Earth-US. “But real transformation will only come when the rights of local people take full precedence over the profits of agribusiness.”

“REPSA has thus far not engaged civil society groups effectively and there is no indication that the security situation in the region will allow for meaningful and safe dialogue with local groups,” Conant added. “There is a clear need for the companies to act – but company engagement in regions suffering high levels of violence and weak governance is extremely delicate. The companies must take their cues from the demands of organized civil society in Guatemala to avoid creating more conflict.”

The anniversary of the June, 2015 toxic leak and fish kill that covered over 100 kilometers in the Pasión River was marked by a march in which some 800 residents of Sayaxché took to the streets to demand justice. A key demand of many local groups is that REPSA permanently cease its operations in the region.

REPSA’s Non-Violence and Intimidation Policy is open for two months of public comment, but the company has not yet provided a plan for engagement with local stakeholders. Cargill has made it known that in order to continue doing business with REPSA, REPSA must “engage local communities and civil society groups… to rebuild trust by creating a participatory process in partnership with local communities and civil society.”

Relations between the palm oil supplier and local groups is especially tense due to the unresolved murder of environmental and human rights defender Rigoberto Lima Choc immediately following a court ruling against REPSA last September. The international NGO coalition is concerned that the companies’ positions are out of touch with local communities that are calling for the full rejection of REPSA’s operations in the region.

“Lima Choc’s murder shows the severity of the threats facing activists, and remains an open wound that will not be healed by words on paper,” said Kelsey Alford-Jones, Director of the Guatemala Human Rights Commission/USA. “Yesterday, hundreds of brave community members gathered in Sayaxché to demand that REPSA permanently close down its operations.”

“Thousands of Guatemalans rely on the Pasión River to earn a living and feed their families, but the negligent actions of REPSA are putting their way of life at risk. REPSA and its parent company, Grupo Olmeca, must be held to account for the damage its operations have done to these communities,” said Doug Hertzler, Senior Policy Analyst at ActionAid USA.

It is too early to tell what repercussions Cargill’s statement may have for the resolution of grievances in Guatemala, or for its palm oil supply, much of which is sold in Europe.

“While some companies that source from REPSA and Grupo Olmeca, including Cargill, have listened to civil society asks and taken positive steps, others remain silent,” noted Oxfam America Policy Advisor Aditi Sen. “All companies have a responsibility to respect human rights, and must have transparent processes in place to investigate human rights impacts in their supply chains and ensure that those harmed by their operations or suppliers are able to access remedy.”

Other companies that purchase from REPSA, directly or indirectly, include global palm oil traders Wilmar, IOI, ADM, AAK and Bunge.

Signed:

Guatemala Human Rights Commission/USA
Friends of the Earth-United States
Rainforest Action Network
Oxfam America
ActionAid USA

For more information on the case, visit GHRC’s website: http://www.ghrc-usa.org/our-work/current-cases/african-palm-oil-production-repsa-ecocide-case/

 

Organizaciones internacionales celebran la apertura a juicio del caso CREOMPAZ

GHRC has joined six other international organizations in applauding the recent ruling in the CREOMPAZ case. On June 7, a Guatemalan judge ruled that 8 former military officials would face trial on charges of forced disappearance and crimes against humanity. The judge had heard weeks of testimony and reviewed extensive evidence uncovered on the CREOMPAZ military base in Cobán, including 565 bodies exhumed from 85 clandestine cemeteries. Fourteen people were initially detained in January, and eight others remain fugitives of justice. International organizations expressed concern about acts of intimidation and hate speech used during the process, but called the ruling an important step in the fight against impunity.  

8 de junio de 2016

El día de ayer, la jueza Claudette Domínguez, del Juzgado de Mayor Riesgo A, ordenó que Manuel Benedicto Lucas García, exjefe del Estado Mayor General del Ejército, junto con otros 7 exmilitares, deben enfrentar un juicio por desaparición forzada y crímenes contra los deberes de humanidad, sobre la base de pruebas científicas y testimonios de sobrevivientes. Asimismo concluyó la etapa intermedia del proceso que había iniciado el 3 de mayo de 2016.

En 2012, en el marco de la investigación del caso, fueron hallados 85 cementerios clandestinos en la zona militar de Cobán—hoy sede del Comando Regional de Entrenamiento de Operaciones de Paz, CREOMPA—, en los cuales se exhumaron las osamentas de 565 personas, entre niños, niñas, adultos y mayores, pertenecientes a los pueblos maya de Poqomchí, Achí, Q’eqchí, K’iché, Poqomchi’, Achi, Q’eqchi’, K’iche’ e Ixil. Hasta la fecha, se ha logrado identificar a 128 víctimas, representadas en el proceso penal por seis organizaciones que actúan como querellantes, y apoyan la labor del Ministerio Público, para poner fin a la impunidad que persiste desde hace más de 35 años.

El pasado 6 de enero, fueron detenidos 14 exmilitares de alto rango, quienes desempeñaron sus funciones en la zona militar 21 de Cobán, entre 1980 y 1987. En esa época, ocurrieron numerosas desapariciones forzadas y otras graves violaciones a los derechos humanos contra la población civil, cometidas por el Ejército de Guatemala en todo el territorio nacional. Ocho personas siguen prófugas de la justicia en este caso.

Además, en mayo del presente año, el Juzgado dictó la falta de mérito en contra de tres de los exmilitares capturados, y separó del proceso penal a otro de los acusados para determinar su capacidad mental para enfrentar un juicio penal.

Son preocupantes los actos de intimidación ocurridos en el marco del proceso en contra de los defensores y las defensoras de derechos humanos con vinculación al mismo, por parte de personas y organizaciones afines a los militares procesados. Asimismo, hubo varias manifestaciones en pro de los militares sindicados en frente del Tribunal, antes y después de las audiencias, con carteles y eslóganes hostiles y agresivos en contra de las personas y organizaciones cercanas al caso. Estos hechos evidencian un discurso de odio que pretende desacreditar a las víctimas y los querellantes adhesivos y generar un clima de miedo. Cabe recordar que es responsabilidad del Estado brindar las medidas adecuadas para garantizar la seguridad de los sujetos procesales y del público presente en las audiencias.

Las organizaciones internacionales que suscriben este comunicado celebran la apertura a juicio en el caso. Esta decisión representa un paso importante para la lucha contra la impunidad de las graves violaciones a los derechos humanos, ocurridas durante el conflicto armado interno en Guatemala, y para el cumplimiento de la obligación del Estado de investigar, juzgar y sancionar dichos crímenes. Decisiones como ésta, representan el camino a seguir para garantizar el acceso a la justicia y a la verdad, de las víctimas de estos graves delitos y sus familiares, así como de la sociedad guatemalteca en general.

Firmado:

Guatemala Human Rights Commission/USA
International Platform against Impunity
Due Process of Law Foundation
Lawyers Without Borders Canada
Impunity Watch
Washington Office on Latin America
Center for Justice and International Law

GHRC announces the 2016 recipients of Voiceless Speak Fund grant

Giovanni Batz, Concepcion Santay, and Zully Juarez at a speaking even in Los Angeles on Mayan resistance to development projects.

Since 1987, the Voiceless Speak Fund has provided direct assistance to Guatemalans raising awareness about the human rights situation in Guatemala or organizing in their communities in the US to defend the rights of Guatemalans living here.

GHRC is excited to announce the 2016 Recipients of our Voiceless Speak Fund grant program:

International organizations applaud the initiation of the Sepur Zarco trial

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International organizations applaud the initiation of the first trial for sexual slavery and violence during the armed conflict in Guatemala: the Sepur Zarco Case

Guatemala, Washington D.C. and San José, February 1, 2016.- Today the trial begins in the “Sepur Zarco” case of acts of sexual violence and domestic and sexual slavery committed from 1982 to 1986 by members of the Guatemalan army against Maya Q’eqchi’ women and the forced disappearance of several men. The accused in the case are former soldier Esteelmer Francisco Reyes Girón and former military commissioner Heriberto Valdez Asig.

This will be the first time in the world that a national court has tried a case of wartime sexual slavery case – other cases have been heard in international criminal tribunals – and the first time in Guatemala that crimes of sexual violence have been tried as international crimes. “The Guatemalan judicial system has been a pioneer in investigating complex crimes, demonstrating to other countries that confront similar challenges that it can be done,” stated Leonor Arteaga, a program officer with the Due Process of Law Foundation (DPLF).

International Organizations Reiterate Concerns About Reduction of Attorney General’s Term; Violations of the Rule of Law in Guatemala

On February 11, GHRC and other international organizations criticized the recent ruling that cut short the Attorney General Claudia Paz y Paz’s term by seven months, and raised serious concerns about the state of rule of law in Guatemala. These concerns were reiterated today at a press conference in Guatemala City, and the organizations’ press release can be read (in Spanish) here.

The questionable ruling came from the Guatemalan Constitutional Court, Guatemala’s highest court, saying Paz y Paz should leave office in May instead of December 2014. The decision, which contradicts existing law, has been called a “coup d’etat” against one of Guatemala’s most important institutions.

Representatives from international organizations (including GHRC Executive Director Kelsey Alford-Jones, second from right) express concerns about the reduction of Attorney General Paz y Paz’s term at a press conference in Guatemala City.

Press Release: Guatemalan Constitutional Court Ruling Could Impede Justice

FOR IMMEDIATE RELEASE

October 25, 2013 – In a move that could profoundly affect justice in Guatemala, the Constitutional Court issued a ruling on October 22 asking lower courts to reconsider Rios Montt’s right to protection under a defunct 1986 amnesty law.

“Survivors in the Ixil have been seeking justice for over a decade. This ruling opens the door to a possible amnesty and represents yet another attempt to ensure impunity for high-level military officials who committed egregious violations during Guatemala’s internal armed conflict,” said GHRC Director Kelsey Alford-Jones. “The Court’s decision could represent a huge set-back to other emblematic human rights convictions.”

In her dissenting opinions, Justice Gloria Porras called the ruling: “incorrect,” “ambiguous,” and evidence of an “incomplete analysis” of past decisions, leading to an “unnecessary delay in prosecution of crimes against humanity.”

The 1986 amnesty law was passed just days before the military dictatorship handed power over to a democratic government. Seeking to protect military leaders from any prosecution, the law granted amnesty for “political and related crimes.” It was replaced by the 1996 National Reconciliation Law, which expressly denied amnesty for genocide, forced disappearance, and other crimes against humanity. One year later the Guatemalan Congress repealed all amnesty laws passed prior to 1996 with the stated goal of eliminating “impunity and social polarization.”

The Inter-American Commission and Court on Human Rights, the UN Human Rights Committee, and many other legal analysts have repeatedly declared that amnesty cannot be granted in cases of genocide and other crimes against humanity. Guatemalan judges upheld these standards in previous rulings, most recently in August of 2013 when the Constitutional Court denied Ríos Montt’s first appeal for amnesty.

On May 10, 2013 Ríos Montt was found guilty of overseeing acts of genocide and war crimes against Guatemala’s Ixil Mayan population in 1982 and 1983. The landmark trial marked the first time a former head of state had been tried for genocide by his country’s own judicial system, and was considered a key step in addressing impunity for crimes of the past. The guilty verdict was annulled 10 days later by the Constitutional Court on questionable legal grounds.

“The Guatemala Human Rights Commission reiterates its solidarity with the genocide survivors from the Ixil region,” said Alford-Jones. “We call on the Guatemalan Human Right Ombudsman and the international community to closely monitor the process and take all possible steps to end impunity in Guatemala. We also call on the Guatemalan Government to uphold national and international laws, and guarantee access to justice for all Guatemalan citizens.”

Contact:
Kathryn Johnson, Assistant Director
kjohnson@ghrc-usa.org
(202) 529-6599

Press release: La Puya in Nevada

June 26, 2013

Virginia City, NV— This Thursday, groups from Nevada and Guatemala will come together to highlight the damage that mining threatens to cause in both places.

The Comstock Residents Association, in partnership with the Progressive Leadership Alliance of Nevada, Great Basin Resource Watch, and the Guatemala Human Rights Commission, will host Alvaro Sandoval Palencia, a representative from “La Puya” Guatemala. Together they will picket the annual shareholder’s meetings of Comstock Mining Incorporated (CMI) to highlight unethical mining practices carried out by CMI and related companies.

La Puya is a group of community activists from San José del Golfo and San Pedro Ayampuc, Guatemala, who have peacefully blocked the road which passes through their communities leading to the site of the proposed “El Tambor” mine. El Tambor is owned by a subsidiary of the Nevada based company, Kappes, Cassiday and Associates.

Civil Society Organizations Call for New Security Model, Demilitarization, Human Rights

(Antigua, June 6) More than 160 civil society organizations representing hundreds of thousands of citizens in Mexico, Honduras, Guatemala, El Salvador, Nicaragua and the United States, sent an open letter to the OAS General Assembly today calling for alternatives to the war on drugs that guarantee respect for human rights.

Our organizations have documented an alarming increase in violence and human rights violations. While we recognize that transnational crime and drug-trafficking play a role in this violence, we call on our governments to acknowledge that failed security policies that have militarized citizen security have only exacerbated the problem, and are directly contributing to increased human suffering in the region,” the letter states.

GHRC and NISGUA hand over 2800 signatures demanding the release of Rubén Herrera

Español abajo

Since Friday, March 15, Rubén Herrera, member of the Departmental Assembly of Huehuetenango for the Defense of Natural Resources has been imprisoned in Huehuetenango, Guatemalaemala. He is charged with crimes including kidnapping and terrorism allegedly committed in relation to resistance to the Cambalam hydroelectric dam, operated by Spanish owned Hidro Santa Cruz. Citing irregularities in his case, over 2800 people from 52 countries have signed a petition to Guatemala’s Public Prosecutor’s Office and President Otto Pérez Molina calling for Herrera’s immediate release. On May 22, GHRC and NISGUA staff handed over the signatures to the Prosecutor’s Office.

Organizations Call on US & Mesoamerican Presidents to Reevaluate Regional Security Policies

Press Release
April 30, 2013

Washington, DC – Over 150 international, regional and local organizations from 10 countries have come together to address presidents from the US and Mesoamerica on the eve of their summit.

Organizations have expressed concern about rising rates of violence and call on governments to “acknowledge that failed security policies that have militarized citizen security have only exacerbated the problem, and are directly contributing to increased human suffering in the region.” Examples from Mexico, Guatemala, Honduras and the United States demonstrate that militarization has weakened public institutions, led to thousands of civilian deaths, and has done nothing to decrease transnational organized crime or make citizens safer.