Guatemala Human Rights Commission/USA Vol 18 No 24 / Dec. 14, 2006 to Jan. 2, 2007

RIGHT TO LIFE AND INDIGENOUS RIGHTS HUMANE TREATMENT CAPIP Demands Multicultural Representation Political Attacks Connected to Organized Crime 12.19.06 The Advisory Council on Indigenous 12.19.06 The National Civil Police (PNC) reported Peoples and Plurality (CAPIP) presented a study that attacks against members of political parties demanding that action be taken to establish stem from internal party quarrels, corruption, or multicultural representation in . The organized crime. Police investigators concluded study requested that the leaders of indigenous that, for example, the order for the murder of Mario communities be allowed to participate in defining Pivaral, a legislative representative from the and designing public works projects, that the state National Unity of Hope (UNE) party, came directly budgets reflect the needs of indigenous peoples, and from the UNE party leadership in Cobán. In that the public law recognize indigenous peoples’ another incident, the police stated that corrupt, customary rights. former UNE members attacked José Carlos Marroquín, the lead strategist for the UNE party. The study was presented in the reception hall of the According to the police, those UNE members National Palace of Culture. Vice President Eduardo wanted to warn Marroquín because he failed to Stein attended the conference. Irma Yolanda bestow them any political favors. The Davila of CAPIP stressed the need for political and commissioner in charge of the investigation financial conditions for the development of declared that all analysis concluded that none of the indigenous communities, and for looking beyond incidents were a result of political violence, but the mere fulfillment of the Agreement on Identity rather stemmed from internal quarrels, corruption, and Rights of Indigenous Peoples. and organized crime activities.

LABOR RIGHTS Two Community Leaders Murdered in Zacapa 12.23.06 The National Civil Police (PNC) reported Minimum Wage Increases by Five Percent that two community leaders, Marco Antonio León 12.28.06 The Guatemalan Executive Branch Salazar, forty-six years old, and Rolando Eugenio announced a five percent increase in the daily Orellana Pérez, twenty-five years old, were shot on minimum wage, starting January 1, 2007. With the the night of December 21, 2006 in the increase, rural sector workers will be earning 44.58 neighborhood of La Majada in Zacapa. Neighbors quetzals (roughly US $5.80) a day, amounting to from the communities of Jireh and Andalucia, the Q1,337.40 (about US $175) a month. Urban sector hometowns of the murdered leaders, condemned employees will earn Q45.82 (almost US $6.00) a the action and demanded an increase in security for day, totaling Q1,374.60 (about US $179) a month. their communities. The perpetrators of these crimes An additional annual bonus of Q250 (US $32) will remain unknown. be paid to both sectors. The 2006 minimum wage for rural and urban sector workers amounted to Q1,273.89 (roughly US $166) a month and

3321 12th Street NE Washington DC 20017 Tel - 202-529-6599 Fax - 202-526-4611 www.ghrc-usa.org [email protected] Q1,309.20 (about US $170) a month, respectively. several residents hold deeds to certain parcels, In addition, a new hourly minimum wage was while other members are staking historical and implemented in order to give flexibility to contracts ancestral claims on the territory. The residents and to stimulate productivity. The hourly minimum asserted that they moved back on the lands in wage for rural sector employees is Q5.57 (roughly September 2006 because the property had been US $0.70) an hour, whereas the hourly minimum unproductive and unused for decades. wage for urban sector employees is Q5.73 (about US $0.75) an hour. Members of the community of La Revolución, along with four other communities not listed on the Minister of Labor Rodolfo Colmenares explained eviction notice, were verbally informed just before that the increase in the daily minimum wage December 25 that they would be evicted on matches the 4.11% in inflation estimated for 2007. December 27. Among the individuals named in the Minister Colmenares stated that an increase beyond eviction order were environmental activist Loida five percent could be harmful for the national Mejía [sic], Federico Pop Caal and his wife economy, driving up the cost of living. Carmelina Can from the National Indigenous and Campesino Coordinating Committee (CONIC), On December 28, 2006 the official Government Emilio Yat, a former employee for CGN/Skye Report published “Decree 624-2006”, which urges Resources, and journalist Santiago Caal, who has employers to pay a wage higher than the minimum. covered issues relating to mining for Radio Sonora. The Agreement also encouraged employers to base None of these individuals live in the contentious wage increases on productivity. The Minister of communities. Community members said that the Labor and the Technical Institute for Training and inclusion of their names on the eviction order was Productivity prepared to advise and support CGN/Skye Resource’s attempt to defame the businesses interested in offering wages based upon activists’ reputation and spread fear throughout the productivity by devising indicators to measure communities. productivity. The National Civil Police (PNC) issued a notice Union leaders reported that the governmental reporting that police forces would convene at the authorities only offered a meager increase. José headquarters of CGN/Skye Resources and begin Pinzon, director of the General Confederation of the evictions at 8:00am on December 27th. Guatemalan Workers (CGTG), stated that the However, community members stated that after minimal five percent increase neither satisfies the preparing for the worst, they found out through a needs of most workers nor accounts for the rise in local radio station that the communities would not the cost of living for 2007. be evicted on December 27. Community leaders said they had not received written documentation LAND RIGHTS informing them that they would not be evicted. They found out through rumors. Community Skye Resources Orders Eviction members commented that they were still unsure 12.28.06 The Canadian mining company, Skye why the eviction did not take place, although it was Resources Nickel Mining Company, operating via probably not considered to be in the nation’s best its subsidiary Guatemala Nickel Company (CGN), interest to remove hundreds of people from their applied for an official eviction of five communities lands two days after Christmas. Community located in the municipality of El Estor, within the members added that they live in a constant state of northeast department of Izabal. According to instability and insecurity, despite several of them officials from CGN / Skye Resources, the company containing deeds to the land and others making bought the land from INCO, another Canadian hereditary and ancestral claims to the land. mining company, and requested that the communities leave the property. The community CGN/Skye Resources has evicted residents from members living on the disputed land stated that these communities before. On November 12, 2006

Dec. 14, 2006 — Jan. 2, 2007 UPDATE– page 2 Vol 18 No 24 at 3:00am, members from the National Civil Police life. Those migrants have sent approximately 167 (PNC) arrived in the communities of Chupon and billion dollars in remittances to their countries of La Revolución – without an eviction order signed origin, a number that far surpasses the amount by a judge, required by Guatemalan law, or the given through official international aid. Annan presence of the Public Prosecutor – and began to stated that today, more people than ever before in violently expel families, causing injury to several history are affected by international migration. He people. On December 8th, 2006, Guatemala’s urged all nations to work together so that this Public Prosecutor ordered the eviction of Chac worldwide phenomenon benefits everyone Payla community, on Lot 8, which contained thirty involved, including the countries of origin and -one individuals. According to residents, Chac destination, and the migrants themselves. Payla is the only piece of land that CGN/Skye Resources owns, despite them displaying “Property UN High Commissioner for Human Rights Louise of CGN” throughout the whole area. Arbour said that today, many migrants face a reality of exploitation, discrimination, abuse, and violence – all Dispute Over Land Leaves One Dead and Three Wounded of which amount to human rights violations. 01.02.07 A confrontation between villagers from the municipalities of Nahualá and Santa Catarina Migrants Denounce Cruel Policies of US Ixtahuacán, located in the department of Sololá, 12.19.06 Dozens of participants signed a petition resulted in the death of one person and the injury of demanding an end to the violence against migrants three others. The fight broke out after a group of during the ninth consecutive annual meeting of farmers from Nahualá began to cut trees in an area concerned migrants at the International Inn for disputed by both municipalities. Migrants in Tecún Umán, San Marcos. Migrants on their way to the United States, temporarily Francisco Tambriz, mayor of Santa Catarina lodged in houses in Tecún Umán, Guatemala, and Ixtahuacán, reported the death to authorities and Tapachula, Mexico, participated in the activity. added that the three injured persons were taken to a They carried placards attacking the immigration health center in Salcajá, Quetzaltenango. He stated policies of the US. that the land conflict had been brought up during round table negotiations, and that this most recent Ademar Barilli, director of the House of the Migrant outbreak did not respect those negotiations. in Tecún Umán, declared “We open doors, we build According to the mayor, calm had returned to bridges; let us humanize migration” as the message the communities by nightfall, but the inhabitants of 2006. He added that the principal violators of denied the entry of the National Civil Police the rights of undocumented migrants are authorities (PNC). that commit abuses in the name of official policy. Mario Verzeletti, assistant secretary of Migrant MIGRANT RIGHTS Affairs, denounced the previous week’s detention of hundreds of Central Americans in the US. Both UN Reports that Migrants Face Discrimination & Abuse Barilli and Verzeletti agreed that the root causes of 12.18.06 In commemoration of International the migratory problem lie in extreme poverty, the Migrants Day, outgoing United Nations Secretary lack of opportunities, and inadequate social General Kofi Annan stated that more and more investment in the country of origin. migrants are victims of exploitation, xenophobia, racism, and discrimination. He urged UN member More Than 18,000 Migrants Deported from US in 2006 countries to join the International Convention on 12.29.06 On December 29, 2006, ninety-five the Protection of the Rights of All Migrant Guatemalan migrants were deported from the US. Workers and Members of Their Families. To date, With their arrival, the number of Guatemalan only thirty-four nations have signed on. migrants forced to return to their country of origin in 2006 climbed to a historic record exceeding The UN calculates that 195 million people have 18,000. Of the more than 18,000 Guatemalan emigrated from their countries in search of a better deported migrants, 14,376 were men; 2,638 were

Dec. 14, 2006 — Jan. 2, 2007 UPDATE– page 3 Vol 18 No 24 women; and 992 were minors. In 2005, only authorization of the program. Nevertheless, 11,000 Guatemalan migrants were deported from businesses are unhappy with the new program. the US. Spokesman Ricardo Sagastume, director of the Industrial Chamber, stated that the project violates SOCIAL, ECONOMIC, AND several articles of the Constitution. CULTURAL RIGHTS Teachers Refuse to Start School Year on January 8 Social Security Implemented for Senior Citizens 01.02.07 Due to a disagreement with the Ministry 12.19.06 The Economic Support Program for of Education (MINEDUC) regarding insufficient Senior Citizens, a social security program for funding for the education budget and stagnant impoverished elders lacking coverage, was fully teachers salaries, Joviel Acevedo, president of the implemented on December 19, 2006. Passed by National Teachers Assembly (ANM), announced the Guatemalan Congress and authorized by that classes would not begin on January 8 as President Oscar Berger, “Decree 39-2006” established by MINEDUC, but rather on January provides social security for senior citizens, ages 15. Acevedo stated that the teachers’ demands had sixty-five and older, that are living in extreme not been met, and they gave the government eight poverty and do not currently receive coverage. days, starting on January 15, to resolve the problem. Qualifying senior citizens will receive 400 quetzals (roughly US $52) a month. The Executive Branch On December 27, 2006, MINEDUC reported that estimates that the program will benefit between the request for a larger 2007 educational budget sixty and eighty thousand senior citizens. The bill was rejected and that teachers would not receive an also establishes an agency to handle the increase in salaries. Maria del Carmen Aceña, the administrative and logistical aspects of minister of Education, said that the 2007 budget executing the new program. proposal included 200 million quetzals in order to raise the teacher salaries by five percent. Teacher The program stipulates that the State will annually salaries have not been increased for three years. In transfer 250 million quetzals to the Ministry of 2006, the assigned education budget was 5.2 billion Labor. That amount will be included in the annual quetzals. The Executive Branch requested a 2007 national budget. Other financial resources for the education budget of six billion quetzals, but it was program will come from contributions by national denied. Teachers are expected to hold and foreign entities. demonstrations in the first weeks of January.

In addition, the program requires workers that earn Minister Assures Free Enrollment in Public Schools more than Q2,000 (roughly US $261) a month to 01.02.07 Minister of Education Maria del Carmen contribute, depending on their income, between Aceña stated that enrollment in public schools, Q150 (US $19) to Q1,000 (US $130) a year in which began on January 2, is completely free of support of the program. Employers are obligated charge, and invited parents to report any anomalies by law to withhold a portion of employees’ to that effect. She stated that parents may donate a paychecks for social security coverage, and transfer strictly voluntary contribution at the time of that amount to a Bank of Guatemala account. enrollment, but emphasized that a lack of Businesses are required to contribute as well. contributing would not result in the rejection of a Businesses netting more than 100 thousand student. It has been established that the rate of quetzals (US $13,060) a year will be required to contributions must be agreed upon by parents, give between Q500 (US $65) and Q10,000 (US principals, school teachers, and a properly $1,306) a year. Both workers’ and businesses’ authorized finance committee, and all contributions will be collected in two parts, fifty contributions must be accompanied with a receipt. percent in January and the other half in July.

Héctor Montenegro, representing elderly adults, Several Sectors Affected by Cash Shortage applauded the President for his support and 01.02.07 Guatemala recently faced a cash shortage Dec. 14, 2006 — Jan. 2, 2007 UPDATE– page 4 Vol 18 No 24 throughout the country. Both consumers and of Culture, President Oscar Berger announced his merchants complained about the lack of paper decision to submit a package of thirteen legal currency. The shortage forced consumers to reforms to Congress that would further comply purchase items via credit cards, whereas vendors with the Peace Accords. Among the legal reforms, only accepting cash saw a reduction in sales. President Berger highlighted the rights and identity Among those affected were retired government of the indigenous populations, developing the workers, who did not receive their pension checks economy, and building a more tolerant and on time. In addition, several victims from the cohesive society. The National Council of the armed conflict, who still receive compensation Peace Agreements will review the reforms. funds from the government, were unable to cash According to Berger, there have been advances in their checks. reducing discrimination and racism, gaining equality for women, and increasing spending for Mariano Rayo, president of the Congressional education, health care, and security. Economic Commission, reported that consumers were most affected because they were forced to use In addition, the president mentioned the possibility credit cards and pay a higher percentage for their of a popular referendum in conjunction with the items. He stated that the Congressional Economic next election in order to vote on a likely Commission would give due attention to the constitutional reform. Vice President Eduardo problem and would investigate who was Stein described the constitutional reform as an responsible. Several authorities claimed that the initiative to reduce the number of congressional crisis was due to the failure on the part of the representatives, to strengthen social auditing ’s former administration to anticipate procedures, and to establish mechanisms in the need. achieving a more inclusive society. Stein commented that rejuvenating state institutions is On January 2, in an attempt to resolve the crisis, the key to enhancing Guatemala’s development. Bank of Guatemala delivered twenty million quetzals in used Q100 bills to bank cashiers and During the main event, approximately twenty ATMs. Jorge Montenegro, operations manager of young people from the Anti-Imperialist Block, a the ATM network, stated that that amount of cash coalition comprised of children of the disappeared will barely supply thirty-eight of the 770 ATMs during the civil war and activists from social and throughout the whole country. María Antonieta de human rights organizations, openly protested the Bonilla, president of the Central Bank, reported that President, businessmen and political parties the crisis is expected to be over by January 20, attending the celebration. when a shipment of new bills, amounting to 8.7 billion Quetzals, from foreign printers will go Municipal authorities unveiled a monument to immediately into circulation. peace during an event held at Plaza Italia. The Voices Weigh in on 10th Anniversary of Peace Accords Patriot Party (PP) and the National Unity of Hope 12.29.06 Representatives from the three branches of (UNE) sent messages commemorating the Peace Accords and claimed credit for the achievement of RIGHT TO JUSTICE peace. the Guatemalan government and international Cardinal Rodolfo Quezada Toruño criticized these guests attended a formal celebration of the tenth isolated celebrations during a mass anniversary of the signing of the Peace Accords. commemorating the signing of the Peace Accords, December 29, 2006 marks one decade since the in which he called those celebrations “sterile signing of the 1996 Peace Accords that brought an initiatives,” bypassing a process that was intended official end to the thirty-six year civil war that to embrace all . The cardinal insisted wrought the nation. that the root causes of the armed conflict, such as poverty, exclusion, and the lack of permanent During the main event, held at the National Palace opportunities, still persist. Dec. 14, 2006 — Jan. 2, 2007 UPDATE– page 5 Vol 18 No 24 multicultural and multilingual nation, as well as the Representatives from the Guatemalan National necessary political reform to ensure a better future Revolutionary Union (URNG), which took part in for all. The URNG promoted the further the signing of the Peace Agreements, were absent implementation and strengthening of the Broad from the main event. Hector Nuila, secretary Movement of the Left (MAIZ), a short and long- general of the URNG, stated that the term instrument to bolster the collective efforts of commemoration has become a demagogic leftist activists. performance in which the government manipulates the accords. According to Nuila, there has been no Several civil society leaders took the opportunity to change in the government, and no initiative to weigh in. Regarding the topic of security, Carmen strengthen a democratic nation based upon Rosa de Leon, a member of a council convened to constitutional laws. To the contrary, he commented make recommendations concerning security, stated that the democratic process has been weakened by that even after ten years, the goals of increasing the political disorder and impunity that reign in civic action and reigning in the power of the Guatemala. military in accordance with a democratic society have not yet been achieved. In its commemorative declaration, the URNG stated that if the full extent of the Peace Accords were to Iduvina Hernandez, director of Study and be realized, then a richer, full participatory Promotion of Security in Democracy (SEDEM), democracy would emerge and pave the way for stated that, in some respects, the country is in far political, social, cultural, and economic progress. worse condition now than it was at the time of the The URNG’s statement also described how the signing of the Peace Accords because the full Arzú, Portillo, and Berger administrations, implementation of the accords remains to be seen. governing during the last decade, have usurped and Hernandez gave several examples in which work manipulated the spirit and contents of the Peace still needs to be done, especially regarding the Accords. It highlighted how those administrations military’s interference in matters not falling have forced a neo-liberal economic agenda on under its jurisdiction and the corruption of police Guatemala, based upon expanding privatization and officers, which weakens the police force. imposing DR-CAFTA, the free trade agreement, on Guatemala’s citizens. In addition, the URNG Sandino Asturias, director of the Center for highlighted the surrendering of Guatemala’s natural Guatemalan Studies, also commented on the resources to foreign enterprises; racist issue of security. He stated that the Peace Accords discrimination of minorities; denial of the working already contain several provisions that would class’ rights; exploitation of campesinos; increase address the problem. He advocated for creating in unemployment and deterioration of working and developing professional security institutions, conditions; collapse of public health and education restricting civilian use and possession of firearms services; lack of a program for housing and ammunition, placing private security construction; environmental deterioration; and companies under government control, absence of an integral rural development policy and establishing an effective justice system, agrarian reform – as contributing to the surge in improving the process of criminal investigations, poverty, hunger and malnutrition. The URNG and fostering a penitentiary system that truly commented that the indigenous communities, rural rehabilitates inmates. Asturias also mentioned the populations, women, and children are affected criminalization of social movements, referencing the most by the past administrations’ policies. the more than ninety court cases against social, union, and rural leaders as well as acts of The URNG ratified its historical commitment to intimidation against human rights activists. work for the good of the people and affirmed that only through the full compliance of the Peace Vitalino Similox, from the Ecumenical Forum for Accords will it be possible to create a multiethnic, Peace and Reconciliation (FEPAZ), and Raquel

Dec. 14, 2006 — Jan. 2, 2007 UPDATE– page 6 Vol 18 No 24 Zelaya, former peace negotiator, commented that RIGHT TO A HEALTHY AND the enemies of democracy have opposed increasing SUSTAINABLE ENVIRONMENT taxes on affluent citizens in order to generate revenue for the state, and have opposed Malacatán and San Pablo, in the department of San constitutional reforms. Marcos, peacefully marched to protest the construction of a hydroelectric plant in San The Human Rights Ombudsman criticized the delay Pablo. The demonstration began in front of the in progress since the signing of the Peace Accords. local school and concluded in the central park. He disapproved of the formation and strengthening Humberto Orozco, a resident from Malacatán, of (PAC), the failure of the stated that the construction of the hydroelectric state to combat clandestine security groups, and the plant would affect several of the neighboring high level of death due to violence. communities. He said that the water table in the region is insufficient to feed the turbines for Tres The international community remains cautious Ríos, the company in charge of constructing the about the peace process. João Melo Sampaio, hydroelectric plant. Marcotulio Lopez, a resident representative from the European Union, stated that from San Pablo, demanded that the enterprise be although the peace process had made progress, carried out with transparency. many large challenges remain to be overcome. Fourteen Individuals Publicly Abandon Gangs Representatives from the US, Spain, Japan, and the In front of the assistant mayor’s office in the Netherlands agreed. Spanish Ambassador Juan Lopez-Doriga added that although Guatemala’s OTHER INFORMATION designed plans target the problems plaguing the country, the real challenge will be to put those plans community of Moca, in Chicacao, Suchitepéquez, into action. Dutch Ambassador Bea Ten Tussher eleven adults and three minors publicly announced commented that reform has been hindered due to their decision to abandon PNC. They handed over the scarcity of revenue and the failing to modernize twenty-three homemade firearms and fifty shotgun public institutions. shells. In addition, the former gang members offered an apology to the neighbors for the crimes Anders Kompass, a representative from the UN’s they had committed. Office of the High Commissioner on Human Rights (OHCHR), during his 2006 assessment of the status Assistant Mayor José Chaclán Uxlan said that the of Guatemala’s fundamental rights, identified community had already begun to implement plans several issues for Guatemala to correct. Kompass that would put an end to the constant assaults commented that Guatemala needed to increase tax perpetrated by gangs. He added that the former revenue and bring it up to Latin America’s average gang members were compelled to abandon tax rate of sixteen percent. In addition, Kompass their activities due to the deaths of fellow gang urged Guatemala to do more in preventing violence members. He praised the former gang members, by strengthening the institutions responsible for stating that their decision merits great respect and security, investing more in society, and improving gratitude to God. The assistant mayor reiterated the training of security forces. He also noted that a his desire that this action serve as an example for common ground needed to be reached between other youth to rejoin society. Marcelino Yoc official standards of justice and Mayan methods of López, commissioner of the PNC, said that the justice. community had been considered to be among the most crime-ridden. López stated his desire that neighbors accept the former gang members as they are and give them proper jobs instead of shunning them. San Marcos Residents Reject Hydroelectric Plant 12.23.06 Roughly 300 residents from Tajumulco,

Dec. 14, 2006 — Jan. 2, 2007 UPDATE– page 7 Vol 18 No 24 Founded in 1982, the Guatemala Human Rights Commission/USA is a nonprofit, nonpartisan, humanitarian organization that monitors, documents, and reports on the human rights situation in Guatemala, advocates for and supports survivors of the abuses, and works toward positive systemic change.

Information in the UPDATE that is not gathered directly is culled from various sources, including the Comisión de Derechos Humanos de Guatemala, Casa Alianza, Albedrío, Amnesty International, Associated Press, Reuters, and Guatemalan news sources, such as Cerigua, Centro de Estudios de Guatemala, Incidencia Democrática, Prensa Libre, El Periódico, La Hora, and Siglo Veintiuno.

Editor:: Carmen Camey ([email protected]), Additional Assistance: Marty Jordan, Julie Suarez, and Tom West

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Guatemala Human Rights Vol. 18 No. 24 Commission/USA 3321 12th Street NE Washington, DC 20017

 Two Community Leaders Murdered in Zacapa  Minimum Wage Increases by Five Percent  Social Security Implemented for Senior Citizens  Voices Weigh in on 10th Anniversary of Peace Accords  Fourteen Individuals Publicly Abandon Gang

 Insert: GHRC/USA Action Alert: Two Environmental Activists Attacked