Victory for La Puya: Guatemalan Court Orders Suspension of Construction Operations at the El Tambor Mine

GHRC applauds the July 15 resolution by a Guatemalan appeals court which ruled in favor of the right of residents to be consulted about projects that affect them and ordered the suspension of construction activities at the mine.

The ruling is a positive sign for community members from San Pedro Ayampuc and San Jose del Golfo who have joined together in non-violent resistance to oppose what they see as a deeply harmful mining project.

The movement, known as ‘La Puya,’ has maintained a 24-hour presence at the entrance to the site for over three years. During that time, La Puya has denounced intimidating or illegal actions on the part of the Guatemalan company that holds the mining license, EXMINGUA, as well as by its parent company, Reno-based Kappes, Cassiday & Associates.

This legal complaint, however, filed in October 2014 by authorities from two of the affected communities, El Carrizal and El Guapinol, targets the government for its failure to act on behalf of its citizens.

The complaint accuses the Municipal Advisory Council of San Pedro Ayampuc – where the mine site is located – of failing to act to stop construction activity at the mine site and for its failure to defend the interests of the affected communities. They argue the Council had the responsibility to act given their knowledge that the company had broken the law by operating without a construction permit, having documentation regarding concerns about water quality and contamination, and not carrying out valid prior community consultation.

Members of ‘La Puya’ Face Intimidation, New Threats of Eviction

*From Network in Solidarity with the People of Guatemala (NISGUA):

Throughout the day yesterday, intimidation and threats of eviction by the National Police — at the service of US mining company Kappes, Cassiday and Associates (KCA) — continued against communities in resistance at ‘La Puya.’ Transmac, a local company contracted by KCA, arrived at the mine site with heavy machinery. The private company was escorted by the National Civil Police (PNC) as ordered by the Ministry of the Interior. By mid-day, community pressure forced Transmac to remove the machinery from the area, although two representatives of KCA’s local subsidiary, EXMINGUA, remained throughout the day. The police presence also remained and continued to grow. By 4 pm, there were roughly 300 agents, many of whom were women dressed in full riot gear, lined up outside the entrance to the peaceful encampment. No eviction order had been issued, but the intent was clear: to intimidate and provoke those in resistance.

*From Comunitaria Press:

Nuevamente la resistencia pacífica de La Puya esta siendo amenazada por la presencia de personeros y trabajadores de la empresa minera EXMINGUA – Kappes Cassiday & Associates KCA. Además hay presencia policíaca y del ejército en las cercanías de “La Puya“.

En horas de la mañana de este miércoles 9 de abril 2014, un nuevo contingente de trabajadores mineros pretende ingresar maquinaria y camiones al interior de la finca en donde se encuentra el proyecto minero “El Tambor” Progreso VII Derivada.

A las nueve de la mañana se hicieron presentes un convoy de maquinaria contratada por la por la empresa minera EXMINGUA , esta maquinaria grande y pesada entre ellas una retroexcavadora y camiones de volteo.

News Update: October 12-18

Communities celebrate Day of Resistance and Dignity of Indigenous Peoples

As an alternative to Columbus day, throughout Guatemala, various indigenous groups and organizations marched to demand that the government respect their rights in relation to mining, hydroelectric dams, and agricultural reform, once again expressing opposition to resource extraction development projects that only benefit a small sector of society. An article from La Hora highlights the inequalities indigenous peoples still suffer in Guatemala.

Two EXMINGUA employees convicted for threatening journalists

Juan José Reyes Carrera and retired military lieutenant Pablo Silas Orozco Cifuentes were sentenced to two years in prison for threatening five reporters in 2012. Both men are former employees of the Tambor mine owned by EXMINGUA, the Guatemalan subsidiary of U.S. company Kappes, Cassiday & Associates. The jail time will be suspended on the condition that both men pay a fine of about $2,000.

Ten women killed on October 12

10 women died in three separate violent attacks last Saturday, making it arguably the most violent day against women this year. So far nearly 600 women have been killed this year, a 16% increase since this time last year. Of these murders, 68.75% have been with a firearm. Since January 2012 the Public Prosecutor’s office has heard 493 cases of femicide and issued 109 sentences.

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.