Last progress date 07/17/2017 Reference N°. Date Subject Stakeholders Verification Report Status

N.002 17-April-2017 Complaints NGO Coalition A letter from an NGO Coalition was received related to which presents several accusations against Clarified human rights REPSA. A first response was provided which can Case See be read here (in English): See document document Regarding the points set out in the NGO letter, each of the accusations has been documented and we proceed to clarify them below.

1. Accusation of polluting La Pasión River In 2015, two events of pollution and fish mortality occurred in La Pasión River, located in Sayaxché. When referring to these facts, the Minister of Environment of Guatemala has expressed the following: See video

An independent explanation of what happened in the two events, by the Society of Biologists of Mexico is attached. See video See publication

Likewise, in its publication No. 147 dated April 1, 2016, ContraPoder magazine opens up the hypothesis that the contamination of the river during the second event was caused by the

dumping of chemicals used in the manufacturing of drugs in clandestine laboratories. The weekly magazine bases its hypothesis on a study from the CNA and the University of The Marine Corps of the United States- "The Dilemma of Lawlessness"- that suggests a strong context of drug trafficking in Sayaxché. See document

In addition, the journalist Harris Whitbeck interviews Yuri Melini, Executive Director of the Center for Environmental and Social Legal Action (CALAS by its initials in Spanish) who in his opinion shares the hypothesis of ContraPoder. Links to Harris Whitbeck’s and ContraPoder magazine’s reports are provided: See video See publication

2. Professor Rigoberto Lima Choc case. Derived from the fish mortality event of June 6, 2015 on La Passion River, a movement of Sayaxché settlers, which included Professor Lima Choc, publicly denounced the pollution.

Three months later, in an act of violence, Professor Rigoberto Lima Choc lost his life, and

different hypotheses emerged among which, without any evidence, REPSA was singled out. See publication

Almost two years later, a local media published the statements of relatives of Professor Lima Choc in relation to this fact. See video

Also in relation to this case, the President of the Community Council of Urban and Rural Development (COCODE) of Champerico, where Professor Lima Choc comes from, said the following: See video

It is important to indicate that, regarding this case, to date there is no legal process in which a formal indictment against REPSA has been filed. At various times, REPSA has spoken out publicly in the mainstream media, journals, radio, and TV- of the country, rejecting its involvement in this unfortunate crime. See REPSA ad See signed document where REPSA proves that it is not under investigation

3. Accusation of kidnapping members of the National Council of Displaced Persons (CONDEG by its initials in Spanish).

Three months after the events in La Pasión River, tension reached its peak. On the one hand, a group of activists was inciting violence by promoting the closure, encroachment and burning of palm plantations. See video

On the other hand, in the face of the evident threat of closure of the company and loss of its sole source of income, several REPSA employees, their families and members of the surrounding communities that depend on REPSA, blocked national highway CA14 at km 355, La Torre village, approximately for a 12-hour period. Because of this measure, people traveling though that highway had to cross the blockade on foot to continue their way. It was then that protesters identified among passersby some members of CONDEG, systematic opponents of palm oil, who were retained by the crowd and released after approximately 8 to 10 hours.

From the beginning of the blockade and in the face of the actions taken by the demonstrators, the company sought the intervention of the Human Rights Ombudsman, the Departmental Governor, and the National Dialogue System, to request the protection of all people.

This is the testimony of two officials who intervened in the situation. See Jesus Gomez’s statement See Jorge Giron’s Declaration

4. Mission Visit of November 11, 2016 (Read complaint N.001 below) N.001 March 2016 Public Friends of the 1. On November 11 2016, an international defamation, Earth mission visited Sayaxché in the framework of the Clarified acts of meeting of the Migration and Gender Cross- Case intimidation, border Table. The purpose of this group is to threats of defend and promote the rights of migrants and violence cross-border communities in the border region of and Mexico-Guatemala. The interest of this harassment. commission is limited to the issue of border See document migration as reflected in the reports of that mission. See Report

In this case, REPSA employees have been accused of interrupting, blocking, and confronting the members of the delegation. However, the activity report of the commission contains no indication whatsoever of intimidation or threats by REPSA or its representatives, as some stakeholders assert.

Certainly, it is well known that some of our employees participated in this meeting, who

were invited as representatives of the Community Councils of Urban and Rural Development, in free exercise of their civil rights See list of participants.

The local press and the organizers recorded and reported this event. These recordings document the development of the event and it can be verified that no interruption or intimidation by the company REPSA, its officers or employees, occurred. See video

REPSA rejects the accusations that seek to undermine its reputation before the eyes of the public opinion, its clients, suppliers, and collaborators and refutes these with solid evidence and scientific studies, and reiterates its commitment towards contributing to the social, environmental, and economic development of the communities in which it operates.

In relation to the above, Ezequiel Cruz’s video statement, who is a representative elected before the National Council of Urban and Rural Development, is attached. (CONADUR) See video

2. Saul Paau, who declared in two sections of the report of the November 11, 2016 incident, maintains that he was the victim of a defamation

campaign by REPSA workers.

What reflects in the press reports is the public demonstration of REPSA employees, in which they were exercising their right of expression and A the human right to work, because of their certificat concern about the threats of closing the e will be company promoted by the Commission for the requeste Defense of Life and Nature, led by Saúl Paau. d to the See documents Public Ministry to verify 3. About item number 5 related to Background the / Context / other security incidents, complaint status of FDH No. 125-2016, see complaint, it is evident the case that there is no foundation to the accusations because the numbers of the license plates of the vehicles are not reported; and the names of the persons are not mentioned. Mr. Paau provides a statement of unfounded rumors from third parties but he does not provide the names, making it impossible to verify their existence.

In the face of such facts, REPSA expresses its openness to a transparent dialogue, to clarify any claim or observation that Mr. Saúl Paau may have.

4. A car chases and intimidates a Prensa Libre journalist in Petén. The status of this issue was verified at the Public Ministry. The case was dismissed for lack of evidence. Attached is a notarized report where the above information is stated. See article See Public Ministry Certificate

5. About the link to the site Speak out for defenders, visit page, you can see that there is no accusation against REPSA, so no comment is deemed necessary.