Human Rights Commission/USA El Quetzal A Quarterly Publication Issue #6 GHRC March 2010 Three FRENA Leaders Murdered in Five Months

Three organizers working to 22 departments. However, only broaden public access to electric 60% of the San Marcos population power in a desperately poor area of 800,000 now has access to elec- of Guatemala have been murdered tricity, with frequent power out- in the past five months, as en- ages. trenched power companies resist grassroots efforts to create a mu- And San Marcos desperately needs nicipal electricity company. None reliable and affordable electric of the murderers has been appre- power. Presently, San Marcos has a hended, while martial law has primarily rural population (78%), been declared in the area under 80% of its people living in poverty the pretense of preventing further (less than $2/day), 46% illiteracy, violence. and the highest kidnapping rate in Guatemala.¹ It is known for drug The conflict is focused around trafficking (en route from Colombia Malacatán, San Marcos, near the “Get out of the country” Community members from San Marcos protest to Mexico), drug related violence, border with Mexico, an area excessive price hikes of Spanish energy company Union Fenosa and human trafficking, and poppy and subsidiaries DEORSA-DEOCSA (Image: http://ongmana.wordpress.com/2010/02/18/cuarto- which suffers from an epidemic of asesinato-de-un-activista-en-guatemala-anti-union-fenosa-gas-natural/) marijuana cultivation (and recent poverty, kidnapping, drug traf- eradication). It was the homeland of ficking and other social ills. FRENA, the murder victims were well known FRENA the ORPA guerrilla group during the war. Natural Resources Protection and Resis- leaders in San Marcos. tance Movement, has organized and mobi- Fed up with poor service and high prices lized the people in San Marcos to oppose The electric company, Union FENOSA, for electricity, FRENA organized protests the excessive price hikes on electricity and came to Guatemala in 1998 as part of the and roadblocks demanding government the poor quality of service provided by government’s Rural Electrification Pro- response to over 90,000 complaints filed the Spanish electric company, Union gram to provide 90% of between January-May 2009 against FENOSA, and its Guatemalan subsidiar- with electricity by 2004. It currently DEOCSA and DEORSA, and 78 com- ies, DEOCSA and DEORSA. The three provides electricity for 20 of Guatemala’s Continued on Page 12

IN THIS ISSUE

Bámaca Case Begins Anew……………………...... 2 Ixhil Women’s Network Opens Shelter……………10 Government Documents Prove Priceless………….3 US Seeks to Extradite Ex-President Portillo….…….10 GHRC Leads American University Delegation..….....4 SITRAPETEN Unionists Attacked.….……..……...11 Historic Immigration Rally…………………...... 6 Domestic Violence Victim Granted Asylum...…...... 11 Update on Pocohil Case……..………………….….7 Human Rights Update…………………………….13 IVAWA Introduced in Congress………...…...8 Events and Announcements……………………….15 Voiceless Speak Recipient Addresses Feminicide……..9 3321 12th Street NE Washington, DC 20017-4008 Tel: (202) 529-6599 || www.ghrc-usa.org Page 1 The Guatemala Human Rights Commission/USA GHRC Mission Breaking the Impunity:

Founded in 1982, the Guate- Bámaca Case Begins Anew in Guatemala mala Human Rights Commis- sion/USA (GHRC) is a non- The torture-murder case of Efraín Bámaca same fate. By the time the truth was told, all profit, nonpartisan, humani- Velásquez is suddenly moving forward. It is were dead,‖ Harbury said. tarian organization that scheduled to be investigated and prosecuted in monitors, documents, and Guatemala. The United Nations judicial team The case was suc- reports on the human rights will closely monitor the proceedings. cessfully litigated situation in Guatemala, advo- against the Guate- cates for survivors of human rights abuses in Guatemala, Given the unique political situation in Guate- malan government and works toward positive, mala, this creates the possibility of establishing in the Inter- systemic change. Nuremberg-like advances in national human American Court rights efforts. However, it also raises grave on Human Rights, Board of Directors concerns for the safety and welfare of the wit- resulting in a nesses, attorneys, and others involved in high unanimous land- Kathy Ogle profile cases in which suspects include high mark decision in President ranking military officers. Retaliation in similar 2000. It is one of Christina del Castillo cases has included death threats, attacks, and the illustrative Vice President murder. cases set forth in

Joan Dawson the UN Truth Harbury’s Case has recently been Secretary Efraín Bámaca, known as Comandante Ever- Commission re- a focus of the Guatemalan news media. Jack McHale ardo, was a Mayan leader of the URNG port, ―Memory of Treasurer (Guatemalan National Revolutionary Unity) for Silence.‖ However, the prosecution was

América Calderón 17 years before he was captured alive by the blocked for many years, and met with ferocious military on March 12, 1992. He was secretly reprisals. Ms. Harbury continues to seek justice Renata Eustis detained and severely tortured by senior intelli- against the implicated CIA officials as well.

Gloria Jean Garland gence officials for nearly three years. His wife, US citizen and attorney Jennifer Harbury, car- In February 2009 the Inter-American Court Amy Kunz ried out three hunger strikes in Guatemala in an issued several strongly worded orders requiring John Leary effort to save his life; the longest of these lasted the Guatemalan government to investigate and

Karl Wolf 32 days. The strikes resulted in the startling prosecute certain key human rights cases, in- official disclosure by the US that his torturers cluding that of Mr. Bámaca. The current ad- Advisory Board were paid CIA informants, or ―assets‖. ministration of President Colom has sought to comply, permitting these cases to steadily pro- Kit Gage Many of the Guatemalan officials involved were gress. In December 2009, the Supreme Court

Jennifer Harbury also graduates of the School of the Americas. of Guatemala ruled in favor of full investigatory Moreover, it was disclosed that Department of and prosecutorial proceedings. Sr. Dianna Ortiz State officials had known of Mr. Bámaca’s situa- Sr. Alice Zachmann tion since his capture. However, throughout The Bámaca case was one of the first fought on the three year period, they had falsely informed behalf of a captured resistance leader in Central Raul Molina Ms. Harbury as well as concerned members of America, and the first to result in official U.S. Staff Congress that they had no information as to his admissions as to the close relationship between fate. ―He could have been saved,‖ Harbury said. the CIA and Central American torturers. Har- Amanda Martin Instead, the government files indicate that he bury writes about the case as a forerunner of Director was battered, drugged, injected with a toxic ongoing U.S. abuses of detainees in the war on Kelsey Alford-Jones substance that caused his body to swell gro- terror in her book Truth, Torture, and the Ameri- Program Associate tesquely, and held in a full body cast to prevent can Way: The History and Consequences of U.S.

his escape. He was either thrown from a heli- Involvement in Torture (2005). See www.ghrc- copter or dismembered and scattered across a usa.org to order your signed copy today. Interns sugar cane field to prevent identification of his Kristin Bevilacqua remains. Hear Jennifer speak in Washington, Tania Guerrero DC on May 6th. Details on the ―US officials also knew of three hundred other Nayrobi Rodríguez secretly detained prisoners of war enduring the GHRC website.

Page 2 Issue #6 / March 2010 Government Documents Prove Priceless in Seeking Justice

A 359-page bound collection of Guatema- The document includes the printed com- and disappeared their victims. The log lan army records with information about mand calling for the creation of the mili- book is the first official government ar- the planning and execution of the mili- tary plan, as well as a letter requesting the chive accessible to the public that proves tary’s scorched earth campaign of the implementation of ―psychological opera- state responsibility for crimes of the past. early 1980s, titled Operation Sofía, has tions‖ in order to decrease guerrilla sup- become key evidence in the Guatemalan port in rural areas. Handwritten patrol For many genocide case being heard in Spain. reports record the murder of civilians, family including women and children. members On December 2, 2009, the National Se- seeking curity Archive (NSA) presented the Opera- The legal case began in 1999 when Nobel informa- tion Sofía document in the National Court Laureate Rigoberta Menchú and other tion on in Spain. ―The documents record the mili- petitioners filed a criminal suit against the disap- tary’s genocidal assault against indigenous eight senior Guatemalan officials in Spain. peared, populations in Guatemala,‖ said the NSA’s Judge Santiago Pedraz opened the hear- the docu- Kate Doyle, who testified to the docu- ings in February of 2008 with the testi- ment has ment’s authenticity. Since the first day of mony of indigenous survivors of the mili- provided the Historical Clarification Commission tary’s scorched earth policies against the the impe- investigations, the Guatemalan state de- Mayan communities. tus to nied the existence of these military re- push the Stacks of documents at the Police cords, and violated citizens’ rights by Other key cases from Guatemala’s inter- case Archive wait to be sorted and ana- withholding information on state- nal conflict have benefited immensely through lyzed. 80 million documents were discovered in 2005 (Photo: Kelsey sponsored crimes committed during the from efforts to uncover government re- the court Alford-Jones) war. cords. The documents, once accessible to system. the public, provide unprecedented oppor- Operation Sofía, part of a larger military tunities to hold governments and senior The Military Diary case is now before the campaign, was executed against indige- officials accountable for human rights vio- Inter-American Human Rights Commis- nous communities near Nebaj, El Quiché lations, both at home and abroad. sion, and is expected to be recommended in July and August of 1982. It resulted in to the Court this spring (2010). A deci- the destruction of hundreds of Mayan In 1999 the Death Squad Dossier (Diario sion on this case will set a strong prece- villages during the bloodiest years of the Militar), an internal military log book with dent in Latin America and beyond, em- internal armed conflict. As the military names and photos of 183 disappeared per- phasizing the importance of access to in- advanced through the region, they de- sons, was smuggled out of the Guatema- formation in human rights investigations, stroyed food crops, homes, livestock, lan army’s intelligence files. Entries in the and establishing the right to truth as a community infrastructure, drinking wa- log book provide evidence as to how gov- fundamental human right. ter, and massacred entire communities. ernment officials monitored, captured, The discovery of the Na- DIARIO MILITAR tional Police Archives in 2005 led to a treasure trove of evidence on Guatemalan disappear- ances. Ten million—of approximately 80 mil- lion—documents have now been cleaned, scanned, and analyzed, and provide information that corroborates evi- dence provided in other sources. *** Left: The cover and first page of military plan “Operation Sofía,” a collection of army records that contains important information Visit the National Security about the government’s scorched earth campaign. Right: Pages from the military log book “el Diario Militar” show how the mili- Archive website for more tary documented the activities of their suspects, recorded their capture, and left clues to their fate. (Images: NSA) information: nsarchive.org. Page 3 The Guatemala Human Rights Commission/USA American University Delegates Become Advocates for Guatemalan Human Rights Defenders On March 13, 1982, 177 women and rights of the LGBT commu- children were brutally massacred in the nity because I was forced to remote village of Río Negro, Baja Vera- live a life that I did not paz, Guatemala. In a dispute over building choose, under societal pres- a dam on Maya Achi land, the Guatemalan sure to marry and have military ordered the Civil Defense Patrol children.‖ In 2008, Lopez (PAC) in a neighboring village to commit was accused of murder and the horrific destruction of the Achi com- placed under house arrest munity. The women and children were for eight months, with no marched up a steep mountain, forced to evidence against him. Lo- entertain their captors, then systemati- pez sees the accusation as cally raped, beaten, shot, and thrown into part of the constant perse- a pit. Eighteen children were selected cution and intimidation from the group to serve in the homes of faced by OASIS workers their mothers’ murderers. meant to halt their work in support of LGBT rights. As part of the Human Rights Defenders campaign, GHRC is coordinating an inter- Jerónimo Guarcas, his wife, national effort to seek justice in this unre- and three daughters also solved case. In January, a GHRC delega- spent an afternoon with the tion of 13 students and their professor delegation. Jerónimo is a from American University traveled to recipient of GHRC’s De- Guatemala during winter break to visit fender Relocation Pro- American University students, at the request of local community mem- Río Negro. The 10-day trip focused on gram. Guarcas shared his bers, paint one of the five large monuments in the Pacux cemetery that commemorates the massacres of R o Negro in 1982. the testimony of human rights defenders testimony of searching for í in Guatemala, and preparing the students his father’s remains and to advocate for defenders´ rights upon being whipped and almost burned alive by Electricity refused to grant the GHRC returning to the US. his father’s murderers. (See p. 7 for an delegation permission to enter the area of update on Jerónimo’s case.) the controversial Chixoy hydroelectric Upon arrival in , the stu- dam, the group hiked in with gear, water, dents met with courageous Guatemalan The students also met with women´s and food. They loaded motorboats for the defenders who risk their lives to pursue rights activist and organizer Sandra 30-minute ride across a lake to Río Ne- the advancement of human rights. Claudia Moran, director of the Women’s Sector. gro. The lake was formed by the con- Hernández Cruz, daughter of Norma Moran fought for the inclusion of women struction of the $350 million dam in Cruz, told the students of her mother’s in the Peace Accords process, ending the 1978, a project funded by the World internationally recognized courage in 36-year war in 1996. Today the Sector is Bank and Inter-American Development fighting for women’s right to live free of a political coalition of diverse women’s Bank. The 300-foot high dam flooded violence, as founder and director of the organizations, representing the rights of 3,460 acres of fertile land, affecting 3,400 Survivor’s Foundation. ―My mother has women domestic workers, factory work- people in 33 Mayan communities. Villag- been receiving death threats constantly for ers, female prisoners, LBT women, in- ers were forced to sell their land for the the past year,‖ Hernandez said. ―She digenous women, HIV positive women, project or be labeled counterinsurgents worked with investigators who located and many others who are denied their and risk being massacred by state forces. the source of the telephone threats, and rights in Guatemala. Moran spent many told those making the threats to get ready years in exile in and Canada, Nevertheless, many resisted. From 1980- for life behind bars.‖ where she expressed her political opinions 82, military and paramilitary officials through music and art. committed five massacres, including the Also sharing his work with the students March 1982 Río Negro massacre, killing was Jorge Lopez, director of OASIS, de- The delegation then traveled to Río Ne- more than 440 people, mostly Achi May- fender of LGBT (lesbian, gay, bisexual gro, six hours north of Guatemala City, ans, in this region. and transgender) rights and prevention of by highway and dirt road, to Pueblo HIV-AIDS. Lopez said: ―I work for the Viejo. Because the National Institute for Continued on next page

Page 4 Issue #6 / March 2010

American University Delegation Continued from previous page

Today, the Río Negro population consists people come from of 14 families who returned to their land far and wide to to rebuild. Living conditions are extreme. honor the dead. The remote village still has no access to electricity, nor any roads; families live in Community mem- one room houses with beds made of logs bers who survived and rope. Every three weeks, the villagers the massacres were walk four hours to the market in relocated to Pacux, to purchase basic food and housing sup- a cluster of small, plies. The community has a one-room cement houses built elementary school. Children who aspire and patrolled by the to attend sixth grade must move to military just outside Rabinal, where they are eligible to attend of Rabinal. At the the New Hope middle school, founded by request of the survi- Río Negro survivor Jesus Tecú Osorio. vors’ organization, ADIVIMA, the stu- In January, the GHRC delegation was dents painted the Students make the steep climb up from the community of Rio Negro to the site of received by Sebastian Iboy Osorio, a Río five large monu- the massacre of 177 women and children. Negro survivor. He is president of the ments in the Historic and Cultural Center in Río Ne- Rabinal cemetery, each commemorating Other activities by the returned delegates gro. Sebastian was 14 years old when his one of the massacres. continue, including educational presenta- pregnant sister, Paulina, his young tions, local radio interviews, the forma- nephew, and other family members were The delegation also met with the Río Ne- tion of an official American University killed in the 1982 massacre. He escaped gro community members to clearly define student organization in solidarity with- into the mountains where he spent several the role of international solidarity in seek- Guatemala, and support in the coordina- years running from army attacks. ing reparations for the damages caused by tion and accompaniment of the ADIVIMA the Chixoy dam. ADIVIMA is currently director during his visit to Washington, Iboy Osorio led the student delegation up negotiating the reparations package with DC for IACHR sessions in March 2010. a steep trail to the top of a mountain to Guatemalan president Alvaro Colom and Pak’oxom, the site of the massacre. He the final agreement is scheduled to be The GHRC trip to Guatemala will have a shared his testimony as the group stared signed at the end of April 2010. lasting effect on the students. As one of down into the pit where 177 bodies had the students commented: ¨I knew nothing been thrown. At the end of their trip, GHRC delegates about Guatemala before this trip. Now I met with US Ambassador Stephen feel so connected to the rural community Over the years, steps have been taken to McFarland in Guatemala City to discuss of Río Negro and their 28-year fight for uncover the historic memory of the re- Guatemalan human rights defenders, Río justice. Through our student organization gion. In 1993, the Guatemalan Forensic Negro, and the need for improved sup- for Guatemalan solidarity, we will con- Anthropology Foundation (FAFG) ex- port of those defenders. The ambassador tinue doing this important work.‖ humed the Río Negro mass grave. Each followed up by meeting with ADIVIMA year, on the anniversary of the massacre, leaders to discuss the reparations process. Apply now to participate Upon return to Washington, DC, GHRC delegates wrote and delivered a letter in in GHRC’s August 7-15 support of comprehensive reparations to delegation to Guatemala President Colom during his visit to the focused on violence Organization of American States in Febru- ary 2010. The delegates also met with the against women. Inter-American Commission (IACHR) to Apply online at deliver their letter in support of moving www.ghrc-usa.org. the Río Negro case to the Inter American Court in Costa Rica. Cost: $900 plus airfare Río Negro community member and survivor of the 1982 massacre Sebastian Iboy Osorio at Pak’oxom.

Page 5 The Guatemala Human Rights Commission/USA Historic Immigration Rally Sends Message: It’s Time to Walk the Talk

On Sunday, March 21, an estimated promise, and the continuing 200,000 people rallied on the National deterioration of the Mall to demand comprehensive reform immigration system evidences for a broken immigration system, his lack of action. sending a strong message that this is a priority issue. While new legislation takes time to draft and pass through Participants arrived from all over the Congress, the executive has the United States, including tens of power to change some impor- thousands from Virginia and Maryland. tant policies without debate on While the Latino community comprised Capitol Hill. Since Obama the overwhelming majority, other took office, immigrants and immigrant groups were represented advocates have clearly and including Korean, Irish, and Caribbean strongly called for an end to Thousands fill the National Mall to support a comprehensive immigration reform Islander. Some solidarity marchers wore raids, criminal-like detention t-shirts recognizing their own family’s conditions, and deportation. of families. It is estimated that the immigrant past. Unions and student government deported the lawful groups carried flags and banners. The The Obama administration’s continua- immigrant parents of nearly 88,000 crowd chanted “Sí se puede – yes we tion of Bush-era policies has been a huge citizen children between 1997 and 2007, can‖ between scheduled speakers. disappointment to immigration rights most for relatively minor crimes. The activists. Obama has barely addressed the deportations often resulted in “Immigration reform is extremely dismal and dehumanizing condition of psychological harm, behavioral changes important for the Guatemalan immigrant detention centers. His admini- and problems in school for the children community, since most of the stration has allowed Immigration and left behind.¹ Guatemalans in the United States are Customs Enforcement (ICE) to continue undocumented,‖ explained Guatemalan This trend will continue. As ICE bragged in a recent press release: "criminal community activist Cynthia Mazariegos. The energy of the crowd Cynthia, a first-generation American, deportations increased by 19% and this arrived by bus from Chicago. "At the remained positive and priority continues in FY10 with 40% march, Guatemalans joined in chants focused on the urgent need more criminal aliens removed to date as from other groups. You could feel the for a system that reflects compared to the same period last year."² solidarity between all of us.‖ changes in today’s society. h Advocates are pushing for a “The recent increase in deportations has The energy of the crowd remained path to legalization, the end even grabbed the attention of the positive and focused on the urgent need of detentions and Guatemalan government," Cynthia for a system that reflects changes in deportations, and an end of noted. "Before the big march in Washington, DC, Guatemalans from all today’s society. Specifically, advocates criminalization of workers. are pushing for a clear path to legalization over the country with Guatemalan for immigrants, the end of detentions and officials (Vice - Minister of Foreign deportations, and an end of their persecution of undocumented Affairs, Ambassador, Consul, and a video criminalization of workers. workers. ICE workplace raids continue, speech from the Minister of Foreign and the number of deported immigrants Relations) to discuss the importance of President Obama continues to list is higher than under Bush. During involvement in this movement.‖ One to immigration reform among his priorities. Obama’s first year in office, an average of two planeloads of Guatemalans are His recorded comments, broadcast at the 33,000 immigrants were detained daily deported each day, and thousands suffer rally, expressed solidarity with the and 387,790 were deported, as com- in detention centers, separated from movement: ―I have always pledged to be pared to 369,221 in 2008, a 5% in- their families and with little access to your partner as we work to correct our crease. legal services.

broken immigration system, and this is a promise I reaffirm today.‖ Increased collaboration between Major concerns over current deportation immigration officials and local police, a measures include the incarceration of Unfortunately, the President’s empty documented workers and the separation Continued on next page

Page 6 Issue #6 / March 2010 Accused Refuse to Attend Court Hearing in Pocohil Case

In May 2009, in their rural village of Po- 4, 2010, the 12 people accused were and members of both the Community cohil, in the department of El K’iche’, summoned to court but did not comply. Council of Development and the local Jerónimo Guarcas, and two of his fellow The Public Prosecutor’s Office of Crimes Security Council of Pocohil. villagers attempted to exhume the re- Against Human Rights Defenders claimed mains of their fathers who had been mur- the judge in did not Jerónimo explained that he and the other dered during the internal armed conflict properly notify the accused of the hearing. men attacked in March were forced to of the 1980s. leave the community, abandoning the Jerónimo, a joint plaintiff in his case exhumation process with the knowledge Jeronimo, a twenty-four year-old father against the men and women who attacked that the mass grave was broken into and of three, and the two men were attacked him, lamented that the judges’ errors af- the remains of their fathers stolen. by villagers at the urging of former PAC fect the outcome of his case. He still be- members, doused in gasoline, whipped, lieves that justice is possible, that the Jerónimo’s family members who continue and barely escaped with their lives. (See criminals will be sentenced, despite the to reside in Pocohil are subjected to dis- the September 2009 edition of El Quetzal.) multiple death threats that he has re- crimination, forced to pay a fee for rein- GHRC is currently supporting them ceived. The accused are charged with ag- stallation of water and electricity, were through the Human Rights Defenders gravated assault, illegal detention, dis- excluded from community projects, and Relocation Program. crimination, public disorder, and coer- the children suspended from public cion. school. The Pocohil defenders continue to The case is advancing slowly through the receive threats for taking the case to Guatemalan judicial system. On February The accused include the mayor of Pocohil court.

Immigration Reform Continued from previous page program known as 287(g), has been long There is still hope for reform, however, detainees; it would also provide a path to criticized by civil society organizations, and the overwhelming grassroots support citizenship. The senate bill, more who state that the program does not for a new immigration policy has reached conservative in its approach, includes a properly train police, diverts already scare the halls of congress. Two bills have been heavy emphasis on strengthening US resources, and ads to illegal racial drafted, one sponsored by Rep. Luis borders, increased ICE patrols at work- profiling and civil rights abuses. On April places, and favors highly-skilled workers 2, 2010 the Department of Homeland “Immigration reform is for residency.

Security (DHS) Office of Inspector extremely important for the General (OIG) published a report with While the US immigration system is in Guatemalan community, similar criticisms.³ dire need of reform, only a just reform - since most of the that stops separating families and Obama has expanded the employment Guatemalans in the United criminalizing migration, and that verification system, or E-Verify, an States are undocumented.” recognizes the rights of immigrants - will internet-based system that allows improve the situation of the approxi- - Cynthia Mazariegos, Guatemalan mately 1.3 million Guatemalans in the employers to determine whether or not participant at the immigration rally an employees eligibility for work in the US. US. This system is considered to be unreliable and inaccurate, and frequently Gutierrez (D-IL) and the other by Now is the time to push for policy change results in employees being erroneously Senators Charles Schumer (D-NY) and in congress. GHRC continues to to advocate for a comprehensive reform, labeled as unauthorized workers. An esti- Lindsey Graham (R-SC). The house bill recognizing the enormous contributions mated ten percent of the records for seeks to improve detention conditions, by of Guatemalans and other immigrants to newly naturalized citizens are inaccurate, ensuring certain requirements such as . and nearly 13 million records of US-born adequate medical attention, humane our communities treatment and access to a telephone for

¹ ―In the Child’s Best Interest?‖ University of California, Berkeley and Davis Schools of Law. March 2010; p. 6. (http://www.law.berkeley.edu/files/IHRLC/ In_the_Childs_Best_Interest.pdf) ² http://www.ice.gov/pi/nr/1003/100327washingtondc.htm ³ http://www.aclu.org/immigrants-rights/dhs-report-confirms-serious-civil-rights-problems-local-immigration-enforcement-pr Mexican American Legal Defense & Educational Fund http://www.maldef.org/immigration/public_policy/e-verify/

Page 7 The Guatemala Human Rights Commission/USA US Policy Addresses Violence Against Women: IVAWA Introduced in Both House and Senate With the introduction of the Interna- in its response to VAW, as well as in member of the Senate Foreign Relations tional Violence Against Women Act, or training of foreign military, police and Committee staff, participants stressed the IVAWA (H.R. 4594, S. 2982) on Febru- judges in responding to instances of dire situation of women in Guatemala, ary 4, 2010, the US has come one step VAW. and recommended that a larger percent- further in its support for women around the world. In a joint event on Capitol Though the introduction of the bill is Hill, Congressman Poe (R-TX), a survi- only the first step, IVAWA has the po- As one of the most danger- vor and former Texan judge, gave a tential to set an important standard for ous countries for women in heartfelt speech in support of women’s addressing violence against women as a Latin America, and with a right to non-violence. Senate co-sponsors focal point of US foreign policy. strong women’s movement Senators Kerry (D-MA) and Boxer (D- CA) also spoke, reiterating the important IVAWA, if passed, would provide pilot and a legislative framework role women play in creating peaceful programs in 5-20 countries. GHRC and in place to protect women, societies. About 200 people, mostly participants from the August VAW dele- Guatemala “fits the bill”. women, were present. gations have raised awareness among The bill would create two new offices legislators on violence against Guatema- charged with coordinating US efforts to lan women, with the hopes that the age of funds go directly to local organiza- address VAW through both the State country will become a top candidate for tions with the knowledge and experience Department and USAID. It would fund new programs to address the crisis. to carry out needed programs. two key positions, an Ambassador-at- Large of Global Women’s Issues and a The bill requires that countries chosen In January, the group received a warm are regionally welcome by Melanne Verveer, Ambassa- diverse and dor-at-Large on Global Women’s Issues, have the politi- a new position created by President cal will to Obama that is set to receive funding un- work with the der IVAWA. Ambassador Verveer has US to carry out been a long-time advocate for women the programs. around the world and has visited Guate- As one of the mala. most danger- ous countries The spring speaking tour with Norma for women in Cruz provided another opportunity to Latin America, raise the issue of violence against women and with a and femicide with the US government. Delegates from GHRC’s August delegation and GHRC staff meet with Ambassador strong Verveer’s office coordinated a meeting Verveer (fourth from left) and Irene Marr (second from left) at the State Department. women’s for Norma Cruz during the first week of movement and March. Director of the Office for Women’s a legislative framework in place to pro- Global Development. IVAWA also sup- tect women, Guatemala ―fits the bill‖. Delegates from the August 2009 delega- ports health programs, increased legal tion have spearheaded many of these ef- and judicial protections, improved educa- GHRC and delegates brought this mes- forts to meet with key government play- tional and economic opportunities, and sage to Congress and the State Depart- ers, and coordinated events for Norma seek to ensuring US accountability both ment. In a meeting with Robin Lerner, a Cruz’s week-long tour.

Dear Readers:

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Page 8 Issue #6 / March 2010 Voiceless Speak Recipient Addresses Femicide in Guatemala

By Lucia Muñoz tary family, I was ashamed to know that MIA's White Ribbon Campaign has been my family could have been part of this implemented in grade schools, high I was born in Guatemala in 1963. I gender violence. By 2004, I needed to schools, and universities in Guatemala, as moved to the United States when I was become more directly involved with end- well as the National Police Academy. five years old. During my teen years, I ing feminicide. In 2005 I founded MIA, After the overwhelming positive re- returned to Guatemala, where a war was Mujeres Iniciando en Las Americas sponse from the students at the Police being waged. The experience impacted (Women Initiating in the Americas) to Academy, we are excited to be working my life forever. I heard constant gunfire help end this injustice. As founder and toward establishing an ongoing program. and witnessed military personnel stop- Executive Director, I work with students ping people on the streets and on buses, and others here in the US raising con- The 1996 Peace Accords include a clause leading them away, never to be seen sciousness about the sad reality that our addressing gender equity in school cur- again. My neighbor and friend disap- riculum. The Women's Studies Depart- peared in the middle of the night. When I ment at San Carlos University (USAC) is started asking questions about his disap- working to achieve this goal. MIA is co- pearance, I was told to ignore it and stop ordinating programs for class credit at asking questions. USAC.

I moved back to the US to attend high Along with MIA's White Ribbon Cam- school in 1980. I got married in 1982 at paign, our work focuses on removing age 19, and my husband and I started an gender biases within the Guatemalan import-export business. As part of this MIA’s White Ribbon Campaign against feminicide. government, promoting educational pro- business, I traveled to Guatemala fre- Image: www.miamericas.info grams to reduce domestic violence and quently. During these trips I asked ques- feminicide, and promoting equality for tions I was told to not ask as a child. I sisters face, and also work with the Survi- women. MIA takes two or three delega- began to learn and understand what was vor’s Foundation in Guatemala working tions to Guatemala each year, including happening in the internal conflict, in par- to end feminicide. The Foundation, un- US and European academics and activists, ticular, that girls and women were being der the direction of Norma Cruz, runs a and follows up with commitments to tortured, raped and killed. I learned that center in Guatemala City which helps support Guatemalan women’s rights. brutality towards women was employed survivors of crimes of feminicide and as a means of population control to keep family members of women who have MIA members also testify as expert wit- mothers from raising leftist children. been killed, as well as victims of domes- nesses to help Guatemalan women strug- Violence against women was also a tool tic violence. gle against the increase of deportations for control used by the government to and breaking of families. instill fear and thus prevent rebellion. Guatemalan women have organized to end the injustice, but need the support of As a US taxpayer, I was horrified to learn men- especially young men. After read- that the abuse of women was being ing The Macho Paradox and learning how taught by the School of the Americas as a men can help end feminicide, I realized Since 1987 GHRC has encour- counter-insurgency tactic, and that my that the seed to stopping femicide lies aged Guatemalans in the US tax dollars were being spent to promote within men. By changing gender attitudes speak truth to power through the the evil and injustice in my homeland, in men, gender violence will cease to Voiceless Speak program. GHRC exist. The origins of feminicide must be Guatemala. The war in Guatemala ended provides direct assistance to Gua- in 1996, but torture and killings of girls addressed to effect change. temalans in the US who have suf- and women continue. fered human rights abuses in Gua- Gender equality workshops in Guatemala In response to the lack of implementation are MIA’s greatest success; designed and temala, are in financial need and of the Peace Accords, in 2001 Raul implemented by MIA, they were inspired who are engaged in Guatemala Molina—a professor at NYU— and I co- by the Canadian-based White Ribbon human rights work. founded the Guatemala Peace and Devel- campaign. We continue to see vast im- opment Network. provements in young men’s attitudes GHRC is now accepting appli- towards women. cations for 2010-2011. Because I came from a Guatemalan mili-

Page 9 The Guatemala Human Rights Commission/USA Cause for Celebration! The Ixhil Women’s Network Inaugurates a Shelter for Victims of Violence In 2009, Juana Bacá Velasco, the mother such as Juana, there is little opportunity vices, and refuge for emergency disasters of four daughters, was repeatedly attacked for celebration. However, on February 6, in the region,‖ Juana said. and threatened in her town of Nebaj, de- 2010, Juana and the Ixhil Women’s Net- partment of Q’uiché. Juana, profiled in work proudly opened a women’s shelter The inauguration of the shelter, the September 2009 edition of El Quetzal, ―Defenders of the Ixhil Women,‖ is fi- is a director of the Ixhil Women’s Net- nanced by the Emergency Program of work (Red de Mujeres Ixhiles, or RMI), “We celebrate our achieve- Italian Cooperation as part of the ―Urgent which provides support for more than 350 ments, despite all of the limi- Actions to Reduce Vulnerability in the women in nine rural Mayan communities tations and persecution that Municipality of Nebaj‖ and run by the in Nebaj. we have suffered as an or- non-governmental organization CISV ganization. We decided to (Italian Community Service Volunteers) The RMI, founded in 2003, is dedicated in collaboration with the RMI. continue fighting to defend to rural development and the participa- tion and empowerment of Mayan women, the rights of women.” Juana was four months pregnant when she and provides support and accompaniment - Juana Bacá was attacked by women hired by the for women who are victims of violence. mayor on the steps of the Nebaj town hall The mayor of Nebaj, Virgilio Geronimo in March 2009. Her husband intervened Bernal Guzman, is the accused perpetra- in Nebaj, K’iche’. ―We celebrate our to rescue her, and is now accused of as- tor of the attacks and robbery of over achievements, despite all of the limita- saulting the assailants. The case has been US$16,000 from the RMI. According to tions and persecution that we have suf- transferred to the departmental capital, to Juana, Bernal Guzman wants total eco- fered as an organization. We decided to a new judge. ―I hope the judges can be nomic and political control of the region. continue fighting to defend the rights of objective and see that we are suffering women. We are building a women’s shel- persecution for the work we are doing to As Guatemala grows increasingly more ter to house victims of violence, to pro- defend women’s rights,‖ Juana said. dangerous for human rights defenders vide legal assistance, psycho-social ser-

US Seeks Extradition of Former Guatemalan President Portillo

Alfonso Antonio Portillo Cabrera served On January 25, 2010, federal prosecutors the US can extradite Portillo. According as from 2000- in New York issued an indictment charg- to Guatemalan law, however, he would 2004. He belonged to the Guatemalan ing Portillo with laundering money need to be tried first in Guatemala and Republican Front political party (FRG, through US banks, including $2.5 million serve his time there before standing trial created by former president and dictator from the Taiwanese government destined in the US. The evidence presented sug- Efraín Ríos Montt). Portillo campaigned for children’s school books and almost $4 gests he would spend at least six years in on a platform of ending corruption and million embezzled from the Department prison in Guatemala and could face up to helping the poor. Today he is in prison in of Defense. Guatemalan authorities, with 20 years in US prisons. Guatemala City, awaiting possible extra- support from the CICIG, arrested dition to the US for embezzlement and Portillo on January 26, 2010 on the east- Guatemalan citizens have mixed reactions money laundering. ern shore of Guatemala, thwarting his to the likely extradition of Portillo to the attempt to escape to on a boat. US. Some feel that extradition to the US At the end of his presidential term in is a threat to Guatemalan sovereignty and 2004, Portillo’s political immunity from Portillo has appealed his case, and his law- another example of US intervention in the prosecution was revoked. Portillo fled to yers state that Mexico must agree before Guatemalan judicial procedures. Others Mexico, with 52 cases of corruption filed the proceedings can take place, since feel that the judicial system in Guatemala against him. He is accused of embezzling Mexico initially turned Portillo over to is corrupt and inefficient, and that $70 million during his presidency. Guatemala to face charges there. Mexico Portillo’s case would result in impunity, has not confirmed this statement. as do 98% of the cases in Guatemala. In 2006, Mexico's Foreign Ministry ap- Thus, they support the extradition, as proved his extradition to Guatemala, Under the extradition treaty, signed and justice would more likely be served in the which finally transpired in October 2008. ratified by Guatemala and the US in 1903, US than in Guatemala.

Page 10 Issue #6 / March 2010 SITRAPETEN Unionists Attacked in Guatemala City’s Central Plaza

December 10, 2009: International Human During the eviction, Guatemalan National Rights Day Police doused four union members with a liquid that caused severe itching, nausea At noon on December 10, 2009, 27 and coughing. The union tent was de- members of the SITRAPETEN labor un- stroyed and all personal belongings were ion were violently and illegally evicted by seized. Unionists remained in the park, the Guatemalan National Police and Mu- accompanied by representatives from nicipal Transit Police from a makeshift various civil society groups, who came camp in the Central Park, in front of the out to offer protection from subsequent National Palace of Culture. attacks. There was a second police attack at 11:30 pm with tear gas, batons to beat SITRAPETEN workers protest in Guatemala City’s Since May 2008, members of SITRAPE- unionists, and caustic liquid. Nery Rode- Central Plaza. They were violently evicted on Inter- TEN have occupied the plaza in peaceful nas, director of ODHAG¹, and Iduvina national Human Rights Day. protest of labor rights violations including Hernández, director of SEDEM² were the firing of 47 workers for organizing a observing the incident when doused with Two undercover intelligence officers ap- the liquid. proached the group, listening to the ex- change of information. Martin asked them During the eviction, Guate- Attacks on labor unions are commonplace to state their purpose. ―Isn’t this a free malan National Police doused in Guatemala; in 2009, at least two per country, a democracy? Can’t we listen to four union members with a month were recorded. It is the first in- a conversation in a public place?‖ one of liquid that caused severe itch- stance of the use of abrasive liquid for the men huffed. ing, nausea and coughing. attacks, though the tactic is commonly The union tent was destroyed employed in . Martin replied that it was a personal ex- and all personal belongings change between the union and the student group, and requested they leave. After a were seized. GHRC met with SITRAPETEN members at their camp in the Central Park of Gua- moment of awkward silence, they de- temala City in January 2010. The GHRC parted. ―The government and military union. Workers were subjected to delegation of 13 students from American intelligence are everywhere, gathering threats, bribery and violence from the University (Washington, DC) and GHRC information on unionists, organizers, and Agua Salvavidas company including secu- director Amanda Martin heard the testi- activists, in order to repress, detain, and rity guards attacking workers and killing mony of several union members, in front abort their efforts for change,‖ said one of one leader. Union members are demand- of the National Palace. the unionists. ing the re-hiring of fired workers. ¹Archbishop’s Human Rights Office ² Security in Democracy Guatemalan Victim of Domestic Violence Granted Asylum

After 11 years in a brutally abusive rela- backed by a nationwide grassroots cam- defining individual cases of domestic vio- tionship in Guatemala, and 14 years paign, Rodi did not give up. lence in home countries with unique so- working to gain asylum status in the US, cial contexts, the INS advised against a Rodi Alvarado has not only won her case, Meanhile, the case also prompted a revi- "universal model for persecution claims but has helped set an important precedent sion of Department of Justice (DOJ) based on domestic violence." Instead, it for other victims of domestic abuse. regulations that would address the grey recommended principles that allow for a areas, or "novel issues" in asylum and "case-by-case" analysis with the general Originally granted asylum in 1996 by a refugee claims, including "the extent to understanding that "gender can form the San Francisco judge, the case was ap- which victims of domestic violence may basis of a particular social group."² pealed and in 1999 was overturned by the be considered to have been persecuted Board of Immigration Attorneys (BIA); under the asylum laws."¹ In January 2001, Rodi's deportation ruling Rodi was ordered to be deported back to was overturned by then-Attorney General Guatemala. Represented by Karen Citing the 1999 decision in Rodi's case as Janet Reno. She ordered the case to be re- Musalo, now director of the Center for emblematic of the problematic task of assessed after the issuance of the new DOJ Gender and Refugee Studies (CGRS), and ¹ &² Federal Register/Vol. 65, No. 236, p. 76588-76589 Continued on Page 12

Page 11 The Guatemala Human Rights Commission/USA Three FRENA Leaders Killed Continued from Page 1 plaints filed with the Human Rights Om- leader, was gunned down in Guatemala Ramírez was killed. Another passenger, budsman’s Office.² As a solution to the City, shot 18 times as he left his office. Freddy Rodas, was shot and two others, problem, FRENA proposes the installa- After arriving at the scene, police con- Leonel de León and Jorge Lorenzo, were tion of a municipal electricity company to ducted an insufficient forensic investiga- wounded. Ramírez was a 26 year-old provide quality electricity at fair prices to tion and authorities have made no further single mother and leaves behind a five all residents, as a public service. FRENA’s inquiries. According to sources, Gálvez year old son. goals include the nationalization of elec- had attended a meeting of the Parochial tricity. Assembly of Malacatán, in the Parliamen- Under the pretense of preventing further tary Hall of Democracy, the day before violence, Guatemalan President Álvaro Entrenched interests reacted violently. In his murder. In September 2009, one Colom declared martial law in San Marcos response to public protest, the FRENA month before his assassination, he was on December 22, 2009. All meetings and organizers received death threats and threatened in his home for blocking plans three of the leaders were assassinated. for the construction of a hydroelectric plant in Textapala (San Marcos). In June On October 25, Victor Gálvez, FRENA 2009, he and three other protestors were beaten and threatened while demonstrat- ing in front of the National Electricity Asylum Granted Institute (INDE). Gálvez was the sixth Continued from Page 11 labor leader to be killed in 2009 in Guate- regulations on the subject of gender mala. asylum. In June 2004, eighteen sena- Four months after Gálvez’s assassination, tors urged the Attorney General John On its website, Union Fenosa advertises its commit- Ashcroft to follow DHS's recommenda- his brother-in-law Octavio Roblero, an- ment to social responsibility and the investment it tion and grant asylum to Rodi. Ashcroft other FRENA leader, was killed. Roblero makes in communities. The company, however, has not taken steps to resolve the conflict in San Marcos. sent the case back to the BIA. How- received threats prior to his assassination ever, despite these measures, the new on February 17, 2009. Roblero was shot regulations were never finalized during 17 times in front of the bus station in Ma- protests were prohibited in the depart- the Bush Administration and the case lacatán, San Marcos. Roblero had recently ment. The lockdown was set to expire on made little progress between 2005 and given authorities the names of those re- January 4, 2010 but was extended for 2008. sponsible for the murder of Gálvez. He multiple 15-day periods and remains in leaves behind a wife and three chil- effect. Then, in 2009, the CGRS notes, dren. Roblero was the second FRENA change came with the Obama Admini- leader killed in San Marcos in 2010. GHRC has written a letter to the Guate- stration. "DHS attorneys under the malan Attorney General’s office with hun- Obama Administration had unexpect- The first was Evelinda Ramírez Reyes, dreds of signatures, demanding a full in- edly filed an amended brief in [another] who was attacked and killed while driving vestigation and prosecution of those re- case, asserting that women who have home to San Marcos from Guatemala City sponsible for these murders, as well as suffered domestic violence may qualify on the evening of January 13, 2010. Ev- protection for the families of victims. for asylum based on membership in a elinda was a community leader and mem- GHRC also signed on to a letter to Presi- particular social group if they meet ber of FRENA as well as the CUC/ dent Colom, along with 59 other organi- Farmer's Union. She had just attended a zations, demanding a full investigation of certain, clearly defined criteria."³ series of meetings with government offi- the FRENA murders, and the possible

cials on public access to electricity; she complicity of the Union FENOSA com- This paved the way for CGRS, who and other FRENA members had filed pany. The letter was also sent to won the case arguing that Ms. Alvarado complaints about the excessive rates FENOSA, its Guatemalan subsidiaries, was part of a specific social group: charged by service provider DEOCSA- and to Repsol YPF and La Caixa, major "married women in Guatemala who are Unión FENOSA, and also advocated for shareholders in FENOSA. unable to leave the relationship." the public management of electrical en- GHRC continues to support Guatemalans seeking ergy distribution. On the drive back to Neither the company nor the President’s political asylum through affidavits and expert San Marcos that evening, a car blocked office has responded to these demands. testimony. the road and fired into her vehicle.

³ http://cgrs.uchastings.edu/campaigns/ ¹National Institute of Statistics: XI Censo de Población y VI de Habitación, 2008. Guatemala alvarado.php ²Comision Nacional de Energia Electrica (CNEE)

Page 12 The Guatemala Human Rights Commission/USA Human Rights UPDATE

RECENT HEADLINES IN BRIEF

Nov. 24, 2009: President Colom receives 54% approval rating. MILITARIZATION The military may increase its number of active duty soldiers to Nov. 20: Guatemalan officials announce the resumption of inter- 20,000, a 29% increase in relation to the 15,500 who currently national adoptions after a nearly two-year suspension due to hu- serve. This was established at the end of November by Govern- man trafficking. According to the National Adoption Council, ment Accord 301-2009 of the Defense Ministry after Congress legal reforms established during the suspension will prevent approved an increase of Q150 million (US $18,716,111) for the problems in the future. Prior to the shutdown, Guatemala was modernization and professionalization of the military. #2 in adoptions to the US (China was #1). The government is reactivating multiple bases. The military has Nov. 21: President Colom inaugurates sent approximately one thousand soldiers to date to , the megaproject ―Franja Transversal del Q’iché as of December 8. Between 1979 and 1988, the Ixcán Norte‖ to construct a highway across the was the site of 102 massacres resulting in 2,500 deaths and forc- northern highlands of Guatemala. Envi- ing 96 percent of the population to flee to avoid becoming victim ronmental and community groups pro- to further atrocities. test due to damage of protected areas. In January 2010, Defense Minister Abraham Valenzuela asked for Nov. 29: Pedro Ramírez de la Cruz, director of the Indigenous an additional $12 million to reopen a military base in San Mar- Defenders of the Verapazes and member of the National Council cos, claiming it is necessary to improve security in the depart- of Indigenous and Campesino People (CNAICP) is shot and ment. As in the Ixcán, the base played an important role the killed in Baja Verapaz. armed conflict. Nov. 30: President Colom urges return of Honduran president On January 21, President Colom inaugurated a new Pacific Anti- Zelaya as requirement for recognizing elections on Nov. 29. narcotics Military Base military base. At the event, the president Dec. 10: A United Nations report declares Guatemala to be one also announced the creation of a special unit to fight the contra- of ten countries at highest risk from climate change. The report band related to drug trafficking. was presented before the international summit in Copenhagen, One month later (February 22), President Colom announced Denmark. that he had asked the US to lift the military embargo, imposed on Dec. 16: Rodi Alvarado is granted asylum, ending her fourteen Guatemala since the 1980’s, in order to buy ―mobilization equip- year legal battle after fleeing her home country of Guatemala, ment‖ like speedboats to combat drug trafficking. where she suffered a decade of brutal domestic violence. ADVANCEMENTS IN CASES Jan. 15: Colom names Helen Mack, founder of El Jute: On Dec. 3, 2009, Marco Antonio Sánchez became the the Myrna Mack Foundation, as Police Reform first army officer to be convicted for the crime of forced disap- Commissioner. Mack is in charge of coordinat- pearance in the Guatemalan armed conflict. He was sentenced to ing the Commission, created as part of the Na- 53 years in prison for ordering the forced disappearance of 8 tional Security Agreement, and will include in- peasants in El Jute, Chiquimula in October 1981, and he was spection, analysis of police, academic informa- convicted along with three paramilitaries. US Ambassador Steven tion, as well as criminal investigations. McFarland attended the last day of the hearing and visited the Feb 25, 2010: Interior Minister Raul Velásquez is dismissed on families of victims in El Jute. charges of money laundering after the discovery that at least Q20 Rosenberg: On Jan. 6, 2010, the Public Prosecutor's Office for- million (approximately US$2,450,600) paid to energy company mally accused eight suspects implicated in the assassination of Maskana, S.A. to provide fuel for the police ended up in the bank lawyer Rodrigo Rosenberg. Three more suspects have been ar- accounts of companies in the US, Brazil and Panama and in per- rested but will be judged separately because they named those sonal accounts of individuals related to Maskana. He was re- who contracted them. placed by Carlos Menocal, a journalist by training, named by Colom in March as the Anti-Impunity Commissioner. Continued on Page 14

Page 13 Issue #6 / March 2010 Humanuman Rights Rights UPDATE UPDATE Continued from page 13 Portillo: Ex-president Alfonso Portillo was captured in Izabal on buses and a pickup truck. There was no presence of local authority Jan. 26 by the National Civilian Police, CICIG, and the Public or police. There hasn’t been a police station or courthouse in the Prosecutors office. The arrest took place after the United States area since 2002. requested his capture and extradition. He is accused of conspiracy to launder money, in the amount of $70 million, $15 million of On December 7, the people of , Sololá killed a sus- which he laundered while President. If the request is carried out, pected thief and almost lynched three women who were suspected Portillo will become the first ex-president of Guatemala to be of stealing from the local market. Four patrol cars were burned, extradited to the US. and various vehicles were damaged. Four policemen were woun- ded. Dos Erres: On Feb. 12, Kaibil member Manuel Pop Sun was cap- tured and is being investigated by the First Municipal Criminal The following day, December 8, an accused kidnapper was Court of San Benito, Peten, for his part in the murder of 251 peo- lynched by people in Santiago Chimaltenango, Huehuetenango ple in the community Dos Erres in 1982. This is the first arrest in today. He was tortured before being lynched, so that he would relation to the massacre since the Interamerican Court of Human give the names of his accomplices. He gave five names. He is ac- Rights tried prosecuted 17 soldiers whose lawyers hindered the cused of kidnapping Augusto Pablo, who escaped and returned to amparo appeals. Huehuetenango to denounce the crimes against him. There have- n’t been police in the area since 2005, when the population ex- Then, on March 1, Carlos Antonio Carías, pelled them because they refused to turn over gang members ac- the Lieutenant in charge of the Santa Elena cused of crimes in the region. military base in Peten, and named as hav- ing directed the massacre, turned himself VIOLENCE AGAINST WOMEN in voluntarily. The next day, the charges Sexual abuse continues to be a silenced crime. Each day, hundreds against him – of assassination and crimes of children suffer at the hands of relatives, teachers and neighbors. against humanity – were dropped, and he was let go after paying The statistics are alarming. At least 11,000 cases per year are re- Q10 thousand ($1,250) in bail and put under house arrest. He is ported, and this number reflects only those with the resources or still charged with ―robbery‖. resolve to seek help. Seven of ten cases are committed by family members. The massacre in Dos Erres took place between the December 6th th and 8 of 1982, during the Ríos Montt administration. The Law Against Femicide (2008) has not been widely used in these cases, but on December 4, 72 year-old Nicolás Coti Gonón LYNCHINGS was sentenced to 25 years in prison for femicide in Quetzal- According to the Guatemalan Supreme Court of Justice, there tenango. It is the first case to see sentencing under the law in the were 41 deadly lynchings in 2009 as of December 8, along with department. Coti Gonón is charged with the murder of his wife 68 other acts of vigilante justice, and a total of 211 related inju- with a metal tube on August 14, 2008. The day of the murder, he ries. The departments of Guatemala, Petén, Quiché, and Huehu- was found drunk and covered in his wife’s blood. He claims no etenango have the most cases. memory of the incident and has been kept in a mental health facil- ity since he was first apprehended. On November 28, 2009, three people were lynched in Sololá for extortion of bus drivers. Angry citizens set the police headquar- US POLICY & AID ters and squad cars on fire, forcing the release of the accused, who As of November 20, 295 communities have received food aid were then burned alive. from US government funds. Over a one year period, 7,600 metric tons of vegetable oil, beans, rice, wheat, and soy will be distrib- Then, in a ten day period at the beginning of December 2009, uted. Pregnant and lactating mothers and children under 5 years eight presumed criminals were lynched in the northern part of the old are prioritized. country. On December 15, 2009, Comprehensive Immigration Reform for Amer- People of Chicol, a rural area in Santa Barbara, Huehuetenango, ica’s Security Act and Prosperity” (CIR A.S.A.P.) was introduced in captured at least 13 suspected gang members on Dec. 3, and the House by Congressman Luis Gutiérrez and representatives lynched three the following day. The rest remained in captivity. from the Congressional Hispanic Caucus, Congressional Asian and The gang is suspected of various crimes in the area, including the decapitation of a local woman. The locals also burned at least two Continued on next page

Page 14 Issue #6 / March 2010 Human Rights UPDATE Continued from previous page

Pacific Caucus, Congressional Black Caucus, and Congressional The National Civilian Police reported 140 kidnappings in 11 Progressive Caucus. months.

2009 was the most violent year for activists in a decade. Unionists STATISTICS were the most targeted group with 120 attacks, a 225% increase from 2008. Similarly, attacks against the defenders of truth and On January 7, the US Congress approved a new appropriations justice jumped from 42 cases to 96 cases while attacks against hu- law which includes unprecedented funding to protect human man rights defenders increased by 40%. rights activists. As of December 17, authorities had seized The 2009 UN Human Rights Report highlighted the increasing 6,936.09 kilos of cocaine in 2009. The num- number of homicides, which, according to police reports, rose to ber has increased drastically since 2008, dur- 6,498 in 2009, a 4% increase from 2008. 83% of the crimes were ing which 2,214 kilos were seized. Although committed with a firearm. the number of seizures is higher, conviction for drug crimes have decreased. Three hundred and three people have been sent to jail The departments with the most assassinations are Guatemala, Es- for drug related crimes in 2009, down from 437 in 2008. There cuintla and Petén. A rebuttal from the PNC claims that the num- were 146 sentences in 2009 and 200 in 2008. bers have gone down overall. The US Department of Defense sees the transfer of narco- At least 9,434 cases of domestic violence were registered last year trafficking networks to as a result of political by the police’s Victim Services Division. The majority of cases pressure in Colombia, Mexico and the Caribbean. The US plans to occurred in the department of Guatemala. 708 women were mur- send some 100 million dollars to Central America through the dered in 2009, making it one of the most violent years for women Merida Initiative to address the issue. on record. Income from remittances fell by 9.7% from January to November 133 bus drivers were killed as of November 26, 2009, with only of this year compared to the same period in 2008, from eight assailants convicted. 3,975,400,000 to 3,588,000,000.

EVENTS AND ANNOUNCEMENTS

CALENDAR

April 14, 7pm EST: American University students and GHRC interview on Latino Media Collective radio program. Listen locally (DC-metro area) on 89.3, or stream online. GHRC is now on April 26: 12th anniversary of assassination of Bishop Juan Gerardi Facebook!

May 6, 6:30-8:30pm: Jennifer Harbury Speaks on her Struggle for Justice in Husband's Case. (Busboys and Poets / 1025 5th St, NW / Washington, DC 20001) Log in to your facebook page May 16, 1pm EST: Party to honor Sr. Alice Zachmann, founder of GHRC (St. Jerome Par- and become a fan ish Hall / 5205 43rd Avenue / Hyattsville, MD 20781) of GHRC to get news updates and August 7-15: GHRC delegation to Guatemala, focused on violence against women and event invitations. femicide. Apply now! (Application available on our website.)

Page 15 Guatemala Human Rights Commission/USA NONPROFIT ORG ______US POSTAGE PAID 3321 12th Street NE WASHINGTON, DC Permit NO. 469 Washington, DC 20017 Tel: (202) 529-6599 Return Service Requested Fax: (202)526-4611 www.ghrc-usa.org

El Quetzal A Quarterly Publication

Trade Unionists and Activists under Attack

GHRC Leads AU Student Delegation to Guatemala

US Legislation: Immigration reform and IVAWA in the spotlight