Guatemala News Update: October 20-24

State of Prevention Extended 15 Days in San Juan Sacatepéquez

On October 21, the government extended the “State of Prevention” imposed upon San Juan Sacatepéquez by another fifteen days. The State of Prevention, which has been in place since September 21, suspends constitutional rights in the wake of a violent clash in the community of Los Pajoques. The conflict resulted from a dispute over the construction of a cement factory and a highway.

On October 24, a group of women from San Juan marched through Guatemala City to demand an end to the State of Prevention. The women presented a complaint regarding alleged abuses with the Human Rights Ombudsman and ended the march in front of the presidential offices to call on the government to end its use of martial law.

Three Linked to Criminal Network Run by Byron Lima Oliva

The ex-Director of the Penitentiary System, Édgar Camargo; the wife of Byron Lima Oliva, Alejandra Reyes Ochoa; and an ex-agent in the National Civil Police, Carlos Cermeño, have been linked to criminal activity headed by Byron Lima Oliva. Charges against them include conspiracy, bribery, and money laundering.

Guatemala News Update: September 1-5

AP: Guatemala Bishop’s Killer Ran Alleged Jail Empire

Former Guatemalan Army Captain Byron Lima Oliva, originally sentenced to 20 years in jail for the 1998 murder of Bishop Gerardi, is facing new charges of organized crime and money laundering. Prosecutors allege that Lima built an “illicit prison empire,” extorting money from inmates and officials in return for favors. National prison system director Sergio Camargo also faces charges, and allegedly received money from Lima.

The hearing of first statements from Lima and 13 others who are being accused, originally slated for Friday, September 5, was rescheduled by Judge Miguel Ángel Gálvez over health concerns.

Telesur: US Court Sets Precedent by Ruling Guatemalan Domestic Violence Victim Can Seek Asylum

This week, the top US immigration court ruled that women fleeing situations of domestic violence can legally seek asylum in the United States.

KEY QUOTE: “‘This decision shines a light on the extreme gender-based violence which exists in Guatemala, and the same is true of El Salvador and Honduras – and many of those in the recent ‘surge’ should benefit from this ruling,’ said Musalo, a legal adviser who helped advance this historic case.”

Newsweek: Dubbed Terrorists, Mayans Fight Back Against Guatemalan Mining Projects

This article provides an overview of several indigenous resistance movements to mega-projects throughout Guatemala, as well as the repression and criminalization these movements are facing.

KEY QUOTE: “In theory, their communal right to land is enshrined in law; according to International Labour Organisation standards, these communities need to give free, prior and informed consent for any mining project that conflicts with those claims. In practice, a complicated system of land titling, and the constant re-evaluation of boundaries by local and national governments has created a vacuum of human and property rights.”

Telesur: Guatemala Strikes Down ‘Monsanto Law’

This week, Guatemala’s Congress, responding to pressure and public protests from groups across the country, voted to repeal the so-called ‘Monsanto Law’ — a seed-privatization provision in the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) with the US. Residents worry that the law would monopolize agricultural production and threaten food sovereignty. It remains unclear how the decision will ultimately affect Guatemala’s inclusion in CAFTA-DR.

Weekly News Round Up Feb. 23-Mar.5

Constitutional Court upholds case closure for Efraín Bámaca’s disappearance
The Constitutional Court (CC) has confirmed the closure of the criminal case involving the forced disappearance of Efraín Bámaca. In March 2011, Bámaca’s widow, Jennifer Harbury, brought a criminal complaint against then presidential candidate Pérez Molina for his role in her husband’s disappearance and death. Bámaca (alias Comandante Everardo) disappeared in 1992. According to the military, he committed suicide, but Harbury says that he was actually detained, tortured and killed. In December 2010, the Inter-American Court of Human Rights ordered the Guatemalan government to re-investigate the case of Bámaca’s forced disappearance. Harbury’s lawyer has indicated that he will take action against Pérez Molina for not fulfilling the IACHR’s demands for a re-investigation of the case.

Constitutional Court rejects legal action filed by Toto indigenous leaders
The Constitutional Court (CC) unanimously rejected the legal action filed by the 48 cantones of Totonicapán against the Mining Law. The court’s decision called on Congress to regulate consultation with indigenous communities as established in ILO Convention number 169. The plaintiffs argue that the Mining Law was issued when there was still a right to consultation under the ILO convention and therefore the law is unconstitutional because it does not respect that right. The trial against the soldiers who fired on the group of protesters in Totonicapán last year is still ongoing. One of the defense lawyers for the accused soldiers says that he will ask for an acquittal. He says that his clients were motivated by “an overwhelming fear”, and thus they are innocent.