Justice for Genocide in the Ixil?

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Guatemala Human Rights Commission/USA El Quetzal Human Rights News and Updates Issue #14 GHRC May 2013 Justice for Genocide in the Ixil?

“There was death every day.” nity began to lift, and the details - Juan, genocide survivor- of this horrible history were made visible. General Ríos In Guatemala’s Ixil triangle, Montt and his then chief of during the early morning hours, military intelligence, General the smoke from countless cook- José Rodríguez Sánchez, sat in ing fires rises to meet the misty a Guatemalan courtroom to face fog that rolls down from the charges of genocide and crimes mountains. The result is a swirl- (Photo:Plaza Publica) against humanity. ing whiteness that swallows everything… all color, all For the next month, hundreds of shapes, all detail. men and women, witnesses, survivors, forensic experts, For over thirty years that mist scholars and others took the has concealed a heartbreaking stand to speak the truth: “aqui si history of violence, suffering hubo genocidio”… yes, geno- and loss. From March 1982 cide happened here. Sitting in until August 1983, a military the courtroom, one could feel dictator named José Efrain Ríos history being written. As lawyer Montt ruled Guatemala. In an Edgar Pérez proclaimed: “This effort to defeat a guerilla move- is the moment that the victims ment in the countryside, he have waited 30 years for!” unleashed a brutal counterinsurgency campaign. With the in- Then, on May 10, after weeks tent of cutting the guerillas off of uncertainty about the fate of from any source of social sup- Genocide survivor sworn in to court. the case, Judge Barrios read the port, he implemented a court’s verdict to a packed “scorched earth” policy, targeting the Between 70 and 90% of Ixil villages were room. Describing the State’s violent cam- Mayan indigenous population. The result razed between 1981 and 1983 and thou- paign against the civilian population, the was bloodshed and suffering on an uni- sands of innocent men, women and chil- partial destruction of the Maya Ixil popu- maginable scale: massacres, assassina- dren were killed– an estimated 5.5% of lation and the general’s authorization and tions, torture, rape, burning of homes and the entire Ixil population. oversight of the military plans and opera- crops, and the complete eradication of tions, she stated: “the Court believes that villages. But on March 19, 2013 the fog of impu- Continued on Page 3 ALSO IN THIS ISSUE Attacks on land rights activists…… ……………...10 Letter from the Director ………..…...………...... 2 GHRC calls on presidents to reevaluate security.…..11 GHRC delivers petition after October massacre….…..6 Lolita Chávez inspires audiences in DC………..…..12 GHRC Board Member testifies in Madrid case…...... 7 Groups denounce violations at IACHR…………....13 AU student delegation learns of indigenous struggles….8 Heidy Rodríguez on Justice for My Sister………….14 Adrian Ventura shares his memory of genocide...... 9 Human Rights UPDATE……………...……...……15

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 Letter from the Director The Guatemala Human Dear Readers: We have witnessed a truly incredi- sassinations of community leaders; Xinca leaders Rights Commission/USA ble moment in Guatemala. General Ríos Montt kidnapped, one murdered; Daniel Pedro, kid- (GHRC) is a non-profit, was declared guilty of genocide and war crimes, a napped and assassinated; dozens of peaceful anti- grassroots, solidarity or- sentence that would have set a world-wide prece- mining protestors arrested and attacked in San ganization dedicated to dent for accountability, for even the most power- Rafael... promoting human rights in ful sectors of society. And although the verdict Guatemala and supporting was later annulled (in a questionable legal ruling), GHRC is responding to these tragic events, pro- communities and activists it´s worth taking a moment to celebrate this fleet- viding emergency funds to mitigate risk and urg- who face threats and vio- ing triumph of justice, and recognize the immense ing protections for human rights defenders, lence. GHRC documents bravery of the Ixil witnesses and the unwavering proper investigations and criminal prosecutions. and denounces abuses, resolve of the lawyers, prosecutors and judges in educates the international the case. Yet it is clear that the political will does not exist community, and advocates to address underlying inequalities and ongoing for policies that foster Watching the trial unfold has been both heart- abuses. In many cases, the Guatemalan govern- peace and justice. breaking and inspiring. I have been moved to ment – often at the behest of big business – is tears by the testimony of survivors and deeply criminalizing human rights defenders rather than Board of Directors troubled by the ongoing attempts by the defense holding perpetrators accountable, and has de- to stall, confuse, intimidate and ultimately derail clared ‘states of siege’ that militarize entire mu- Christina del Castillo the entire process. But when Judge Yassmín Bar- nicipalities and deny residents their constitutional Co-President Ríos read the verdict, I was filled with hope for rights. Patricia Foxen Co-President Guatemala. “Justice is a right for victims and Elliot Rosen contributes to rule of law in our country,” she While accompanying indigenous leader Lolita Treasurer declared, looking up from her text and straight Chávez during our March speaking tour in DC, Joan Dawson into the packed courtroom. “We believe that for a we spoke about the continuum of violence against Secretary true peace to exist in Guatemala there must first communities in the Quiché. “We were silenced Yolanda Alcorta be justice.” by the war,” she told me, “but now we are speaking out. The government responds with repres- Andrés Cruz That the case has come this far is due, in large sion [but] we continue to organize peacefully John Leary part, to the commitment of individual human against a new invasion of our lands.” Kathy Ogle rights defenders who are willing to risk their lives Jean-Marie Simon to work for justice. Repeated threats against the As the United States increases ‘security’ assis- Emily Willard judges in the case, for example, are a clear re- tance in the region, we too must continue to speak minder that judicial independence is still only as out against US policies of militarization, and call Advisory Board strong as the courage and willpower of the judges for accountability from our own government to

Kit Gage themselves. ensure we do not, once again, contribute to sys- Jennifer Harbury temic abuses. Sr. Dianna Ortiz As the case progressed, GHRC worked to coordi- Sr. Alice Zachmann nate international efforts around the trial, provid- I am continually heartened by the strengthening ing constant updates to the public, the media, and of our solidarity movement, and the thousands Staff partner organizations. GHRC staff have been who are taking action through emails, calls, and present in the courtroom and monitored the safety direct accompaniment – ready to support Guate- Kelsey Alford-Jones of those involved. And from DC, we have led malans in this tense time of uncertainty and in- Director successful government and grassroots advocacy creasing violations. Our collective action reaches

Kathryn Johnson efforts; almost 4,000 of you asked the US Am- communities from Izabal to Huehuetenango, as Development and bassador to attend the trial, and close to 5,000 well as the Guatemalan diaspora. Advocacy Coordinator called on the Guatemalan Constitutional Court to hold true to the rule of law. The stories in these pages —linking past and pre- Rob Mercatante sent, Guatemalan and US activists —remind us Director of the Guatemala Yet this historic verdict – if upheld – will be only that we are part of a movement that transcends Office borders, seeking positive change and respect for a partial victory if it doesn’t translate into a long- Dania Rodríguez term commitment to end impunity and address human rights in our own communities as well as Administrative Assistant current violations. abroad. Thank you for reading and for joining GHRC in these efforts. Interns Familiar patterns of violence have resurfaced

Jacquelyn Dolezal fueled – as before – by racism, exclusion and With gratitude, Wendy Guardado persecution, particularly around indigenous and Eileen O’Grady land rights struggles. Since the genocide trial Clair Schaub began, I have received a continuous stream of urgent announcements of threats, attacks and as- Kelsey Alford Jones

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Genocide Trial Continued from page 1 the actions of Efraín Ríos Montt are con- is that the Guatemalan judicial system has her safety. sistent with the crime of genocide.” traditionally been at the service of the wealthy and the powerful. Impunity has Si Hubo Genocidio – Yes it was Geno- Ríos Montt was escorted from the court- been the norm, justice the exception. De- cide room amidst a sea of journalists and the spite the fact that the armed conflict, During the trial, over a hundred survivors spontaneous eruption of song by emo- which ended in 1996, claimed the lives of and witnesses to genocide bravely made tional onlookers. Yet only ten days later, over 200,000 people, to date, only a the long trip from the Ixil region to Gua- the Constitutional Court annulled the handful of lower-ranking officials, sol- temala City to testify a mere feet away verdict, a move that was heavily criti- diers and paramilitary have been incar- from the men who masterminded the cized inside and outside Guatemala, and cerated. High-ranking military and gov- bloody massacres that killed their fami- will imply months—if not years –of legal ernment officials, such as Ríos Montt, lies and destroyed their communities. battles. were seen to be untouchable… until now. The Mayan people were targeted during Justice in Guatemala, Justice in the That the structures of impunity are under the conflict because of their ethnicity. It World attack is in great part due to the work of wasn’t because of their political affilia- This trial marks the first time in world Guatemala’s Attorney General, Claudia tions or involvement in the guerrilla. history that a former head of state has Paz y Paz. Appointed in December 2010, Many of the survivors testified that, to been tried (and found guilty) of genocide she won the first convictions against offi- this day, they don’t know why the army by a nation’s own justice system. Other cers accused in some of the worst massa- came to kill them. Army documents pre- similar cases, such as the trials at Nurem- cres. “It’s sending the most important sented in trial outlined how the entire burg or the case of social cleansing in the message of the rule of law — that nobody population was defined as the “internal former Yugoslavia, were prosecuted out- is above the law,” she said. enemy.” Being Mayan in the Ixil region side the country by international judicial of Guatemala during the dictatorship of bodies. Over a decade in the making, this Lest Ye Be Judged Ríos Montt was, quite simply, a death is a precedent-setting case that could have One of the most commanding figures of sentence. positive implications for similar cases the trial has been Judge Yassmín Barríos against other dictators and military offi- who has kept the trial moving forward, in One of the most damning arguments that cials in Guatemala, Latin America, and strict adherence to law, despite the con- supported the charge of genocide is that around the world. stant attempts by the defense lawyers to military forces targeted indigenous chil- obstruct the judicial process. dren. Soldiers cut unborn infants from And Justice for All their mothers’ wombs, threw babies into During the trial, an expert witness testify- For her perseverance and steadfastness the air to spear them with bayonets, and ing against the generals was asked “if she has received criticism, condemnation, swung children by their ankles, smashing what you say is true, why did you wait and contempt from military supporters their heads against trees until they were three decades to denounce this?” It was a and genocide deniers. Human rights or- dead. Children were shot. Children were valid, if highly ironic, question. The truth ganizations are extremely concerned for stabbed. Children were burned alive. Continued on next page

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Former dictator Efrain Ríos Montt in court the day he is sentenced to 80 years in prison. Page 3 The Guatemala Human Rights Commission/USA

Genocide Trial Continued from previous page Why were the children killed? Because bers of this ethnic group. they were Mayan Ixil. The Historical Clarification Com- The Survivors Speak mission report – Guatemala: Mem- GHRC’s own Dania Rodríguez testified “I saw when they killed an elderly ory of Silence in the trial. She was called on to answer woman. The army officials cut off her “Faced with several options to combat questions about her work as a social an- head. Then they entered the kitchen and the insurgency, the State chose the one thropologist with the Guatemalan Foren- played with her head as if it were a soccer that caused the greatest loss of human sic Anthropology Foundation (FAFG). ball.” – Julio, who was eight years old at life among non-combatant civilians. Through interviews conducted with com- the time. Rejecting other options…the State munity members, exhumations of clan- opted for the annihilation of those they destine graves, DNA sampling, and fo- “All I found were my son’s bones. Ani- identified as their enemy. In conse- rensic analysis of the skeletal remains, mals had already eaten his body.” – quence, the CEH concludes that agents the FAFG was able to provide clear and Pedro. of the State of Guatemala, within the abundant scientific evidence to corrobo- framework of counterinsurgency opera- rate the testimonies of the massacre survi- “One of my little brothers was hiding in tions carried out between 1981 and vors. the cornfield, crying. The soldiers came 1983, committed acts of genocide and cut his throat with a knife.” – Do- against groups of Mayan people…” Among the most remarkable expert testi- mingo. monies was that of Héctor Rosada Grana- dos, who headed up the governmental “I saw this. They burned the first house was raped. I couldn’t move, I couldn’t commission that negotiated the Peace and burned the whole family inside. walk. They hit me as if I was a ball. Accords with the URNG guerrillas. “In There was screaming inside, the children, That’s what hurts me, they made me suf- the Ixil area, from 1981 to 1983, the State the women, they were burned to ash. fer.” – A survivor of sexual violence. used the Army to systematically commit Later, when the military finished killing the crime of genocide,” he said. The Gua- the pregnant women, they came down to “We were treated like animals, worse temalan State, in its fervor to defeat the the catechist’s house. He thought they than animals. If we kick a dog, afterwards guerillas, went from “a counterinsur- wouldn’t kill him and so he started to we feel bad. We are not dogs.” – Juan gency war to a war against the civilian pray inside his house. But then they put noncombatant population” which it had the mayor inside and they shot at the Indian Seen, Indian Killed defined as “the enemy.” This genocide is house killing the whole family, his whole A surprising turn of events, and one demonstrated by the “frequency, repeti- family. They killed him.” – Tiburcio which has been blamed by some for a tion, and widespread nature” of the sudden halt to the trial, came during day “brutal acts” perpetrated by members of “I’m here to testify because I suffered, I 10 of proceedings, when a protected wit- the Army against the indigenous mem- was raped. For three nights I was there, I ness testified that Guatemala’s current president, Otto Pérez Molina, was in- (Photo: MiMundo.org) volved in the Ixil massacres.

Former Army Specialist Hugo Ramiro Leonardo Reyes testified that his supe- rior, Pérez Molina, ordered the roundup of villagers for transport to military out- posts, where they were then executed. “The soldiers, on orders from Major ‘Tito Arias,’ better known as Otto Pérez Molina, coordinated the burning and loot- ing, in order to later execute the people… Those who were brought to the military base to be executed arrived beaten, tor- tured, with their tongues cut out, with their fingernails pulled out, among other injuries.” Reyes added: “As far as I could tell, the order was ‘Indian seen, Indian killed.’”

A Defenseless Defense It was obvious from the very first moments of the trial that the defense lawyers

An Ixil woman embraces Nobel Prize Laureate Rigoberta Menchu as the crowd celebrates the guilty verdict. Continued on next page

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Genocide Trial representing Ríos Montt and Rodríguez vivors, social movements and human man rights organizations, the Catholic Sánchez were more interested in delaying rights organizations resolutely continued church, Attorney General Paz y Paz…. and derailing the trial than defending the struggle for truth and justice. even murdered Bishop Juan Gerardi. their clients. Dubious legal maneuvers by the defense lawyers found their echo in a justice sys- Before being expelled from the court- tem still steeped in corruption. The trial “All I ask for is justice, so that my room by Judge Barríos on the first day of was suspended as the Constitutional children will never have to live the trial, Ríos Montt’s lawyer Francisco Court, Guatemala’s ultimate legal author- through what I lived through.” Garcia Gudiel went off on a nationalistic ity, deliberated on over a dozen legal mo- rant. “Guatemala is a country of ingrates! tions before handing the case back to – Pedro, Genocide Survivor – We forget about all the good things we Judge Barríos. have as soon as the foreigners show up to provoke conflict.” Gudiel was allegedly Despite the lack of evidence or witnesses contracted just that morning to defend presented by the Defense, they will surely Meanwhile, a group of 12 Guatemalan Ríos Montt, in an effort to force Judge appeal the ruling, again hoping to tie up “intellectuals,” all former and current Barríos off the case. the case in legal knots. government officials, took out an adver- tisement entitled: “Betraying the Peace Then, on April 18, just as closing argu- The Backlash: Trying the Case Outside and Dividing Guatemala.” The document ments were to be heard --days before the of the Courtroom claims that “the accusation of genocide final verdict-- the trial slammed to a sud- Ultraconservative pro-military individu- against officials of the Guatemalan Army den and unexpected halt. The entire de- als and organizations carried out a non- […] entails serious dangers for our coun- fense team abandoned their clients in the stop campaign of attacks, defamation, try, including the deepening of social and middle of the trial, stating, “We do not and disinformation throughout the trial. political polarization, which will undo the want to be participants in this illegal de- The Foundation Against Terrorism, a peace that has been achieved to date.” bate.” right-wing extremist group took out two They further warn that a guilty verdict in paid supplements in a national newspaper the genocide trial could signify the Meanwhile, the prosecution lawyers, sur- attacking and slandering the victims, hu- Continued on next page

Key Moments of the Genocide Case

Formal complaint Appellate Court Prosecution presents Trial Begins Constitutional Court Ríos Montt found filed against Ríos orders recusal of formal indictment Between Mar overturns the 2011 guilty of genocide Montt and his Judge Flores for against Ríos Montt and 19 and Apr 15, recusal of Judge and war crimes. high command on lacking impartiality; Rodríguez Sánchez for 100 witnesses Flores. The next day Rodríguez Sánchez charges of war Judge Galvez is ap- sexual violence, mas- and 60 experts she rules to annul acquitted of both crimes and crimes pointed to oversee sacre of 1,771 Mayan testify for the the trial charges. 10 days against humanity pretrial proceedings Ixils and forcible dis- prosecution later, the verdict is placement of 29,000 annulled

Dec 2010 Jan 2012 Feb 4, 2013 Apr 3, 2013 Apr 30, 2013

May 2001 Nov 23, 2011 Mar 2012 Mar 19, 2013 May 10, 2013 Apr 17-18, 2013 Galvez accepts all After nearly 2 Judge Flores for- evidence submitted weeks of uncer- mally accuses Ríos by prosecution but tainty in navigat- Claudia Paz y Paz Constitutional Montt of genocide rejects some by the ing the trial’s named Attorney and crimes against Court provi- defense; defense sionally accepts “legal labyrinth,” General; genocide humanity; Ríos files legal motion some of the proceedings re- case revived in Montt is placed un- rejected evi- sume. courts der house arrest dence

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Genocide Trial Continued from previous page “imminent danger of renewed political Reagan & Ríos After the meeting with Ríos Montt, violence.” Current President Otto Pérez The United States, of course, has played Reagan hailed the general as “totally Molina stated that he not only agrees with its own nefarious role in the suffering and dedicated to democracy” and added that the ad, but that he also personally en- death of the Ixil people. Soon after taking Montt’s government had been “getting a dorses its content. office in 1981, President Ronald bum rap” on human rights. "President Reagan’s national security team agreed to Ríos Montt is a man of great personal Human rights and survivors’ organiza- supply military aid to Guatemala’s brutal integrity and commitment. ... I know he tions denounced these blatant attempts to dictatorship in order to pursue the goal of wants to improve the quality of life for all try the genocide case in the media instead exterminating not only “Marxist guerril- Guatemalans and to promote social jus- of the courtroom, to make this a political las” but also their “civilian support tice.” issue instead of a judicial one. Concern mechanisms.” Declassified CIA and State about violent retaliation after the sentence Department cables confirm that although More than Justice, the Truth was so great that a US embassy statement his administration had knowledge of the This historic verdict has implications far specifically called for Guatemalans to massacres and repression being carried beyond the case itself. There has been a “respect the legitimacy and integrity of out against the indigenous population, shift in public consciousness from silence this process,” and to express any dis- Reagan continued to support the general and forgetting to debate and remem- agreement through “existing legal chan- and his regime, paying a visit to Guate- brance, marking a new reality for Guate- nels.” mala City in December 1982. mala. The testimonies of the courageous men and women seeking to bring these two genocidal generals to justice have- The UN Convention on the Prevention and Punishment of the Crime of Genocide, helped unmask an entire structure of ra- ratified by Guatemala in 1949, states: Genocide means any of the following acts cism, oppression, and violence, and committed with intent to destroy, in whole or in part, a national, ethnic, racial or reli- are an irreplaceable contribution to his- gious group, as such: toric memory, for Guatemala and the international community. (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; With the Constitutional Court’s ruling to (c) Deliberately inflicting on the group conditions of life calculated to bring about annul the verdict, the future of the case is, its physical destruction in whole or in part; once again, a complete uncertainty. Yet (d) Imposing measures intended to prevent births within the group; the words spoken by survivors, the truths (e) Forcibly transferring children of the group to another group. they told, these cannot be erased –and they will not be forgotten.

GHRC Delivers Petition After October Massacre in Totonicapán On February 22, 2013, GHRC met with of Totonicapán to express their collective pressed their concerns about the develop- the new Governing Board of the 48 Can- political voice. The petition also ex- ments thus far in the trial against the sol- tones of Totonicapán to share the work pressed condolences to the families of the diers, as well as the current living condi- GHRC had done in response to the kill- six deceased victims and solidarity with tions of the families of both the killed and ings perpetrated by state forces on Octo- the more than 35 wounded, including wounded. Most of these families have ber 4, 2012. women, children and the elderly. limited resources and, in the case of the injured, are in need of long and expensive GHRC Director Kelsey Alford-Jones The petition concluded with a call to the treatments for recovery. Due to their con- described the actions that had been car- Attorney General, the President of Guate- valescence, these primary breadwinners ried out from GHRC’s Washington of- mala, the Judiciary, and the Human can’t work to support their families. fice, including a petition signed by over Rights Ombudsman to fulfill their respec- 10,000 people from around the world. tive mandates and shed light on the The Board also urged the US government The petition had been presented to the events of October 4. Likewise, it asked to maintain the ban on funds to the Gua- Guatemalan Interior Ministry and the both the Office of the UN High Commis- temalan Army. President’s Office in December 2012, and sioner for Human Rights and other inter- in the meeting GHRC presented a copy to national bodies to intervene and ensure GHRC has since awarded emergency the 48 Cantones. thorough and effective investigation and funds to the families of three people in- institutional reforms take place to prevent jured in the massacre. The funds come The signatories denounced the use of the repetition of these acts. from the Human Rights Defenders Fund, state violence against indigenous Guate- and are intended to assist with urgent malans and reiterated support for the right The leadership of the 48 Cantones of To- expenses born by the victims of viola- of the K’iche people and the 48 Cantones tonicapán accepted the petition and ex- tions.

Page 6 Issue #14 / May 2013 GHRC Board Member Testifies for Genocide Case in Madrid

By Jean-Marie Simon “100 Peasants Dead”; another reported, In April 2013, I traveled to Madrid to “Eighty-Five Dead in testify before the Spanish National Court Baja Verapaz.” There in the ongoing trial against general José were dozens of other Efraín Ríos Montt. The trial began in headlines containing 2006, when the Court charged the former similar information. dictator with gross human rights viola- Surprisingly, the actions committed during his seventeen- counts contained valu- month rule, leaving tens of thousands of able details: the vic- civilians dead or “disappeared” in the tims’ full names; their most brutal civil war in twentieth century age and origin; and Latin America. details of how they died. The only omis- The suit was brought under Spanish law sion was the perpetra- on the legal principle that the charges of tors’ identity, which “genocide” and “crimes against human- Jean-Marie with Judge Pedraz and Sofía Duyós, an attorney with Madrid Paz the press prudently ity” are so egregious that they warrant y Solidaridad de CCOO, who has worked on the genocide case since 1999. attributed to “unknown relief even outside the territory where possible for a head of state to be less in- assailants,” “men in olive green uni- they allegedly have been committed. In formed than the tens of thousands of citi- forms,” and “unidentified terrorists.” addition, the plaintiffs, Guatemalan May- zens who saw these headlines daily? ans whose relatives had been killed, be- In conclusion, and perhaps in a small lieved that domestic courts would either By the 1980’s the quasi-independent watershed moment, I showed Judge refuse to hear their case or that they press corps had been decimated: the US- Pedraz two editorials published in the would face reprisals for having dared to based Committee to Protect Journalists morning daily, “El Gráfico,” six weeks bring suit against a military perceived as counted 29 local journalists killed since after Ríos Montt took power. The author monolithic and omnipotent. 1981, while dozens more were forcibly of both columns was an unlikely human disappeared or fled to self-imposed exile rights defender, ultra-conservative news- My testimony before Judge Santiago abroad. With few exceptions the remain- paper publisher and politician Jorge Car- Pedraz was based on testimony I had re- ing press took one of three paths toward pio Nicolle. He asked rhetorically how it corded during my eight years working for self-preservation. The majority opted for was possible to behead eight-year-old Time magazine and as the Guatemala meticulous self-censorship by dutifully children. For good measure, Carpio representative for Human Rights Watch. suppressing what they saw in the country- added that massacres had become “the side, with the two remaining groups split order of the day….” The target of Car- Because Judge Pedraz had already re- between “faferos,” - propagandists pio’s accusation was obvious, and it was ceived eyewitness testimony from survi- whom the military paid to re-invent the only through his standing in Guatemala’s vors and other human rights experts, I war - and government “orejas,” literally small but powerful circle of elites that he focused on disproving Ríos Montt’s as- “ears,” who the government paid to in- avoided persecution. (Carpio Nicolle was sertion that he was unaware of the gross form on their own colleagues. As a result, assassinated in July 1993.) human rights violations carried out, the common assumption was that Guate- largely by his own army, from March mala’s journalist corps was sufficiently Judge Pedraz sat in silence as I showed 1982 until August 1983. Ríos Montt con- cowed to avoid even the most ministerial my eighty photographs of the war, ending tradictorily has claimed either that he reporting on human rights violations. with the newspaper headlines taken knew nothing of rural massacres or that straight from the mouth of Guatemala’s he indeed controlled the army under his Surprisingly, the truth was something own beleaguered press corps. At the end, command, thus implying that he was in- else. In fact, Guatemala’s five daily as I put away my laptop, and following formed of such abuses. newspapers, still published breaking the perfunctory thanks for my testimony, news, even in remote highland villages Judge Pedraz’s sole words to me were, Instead of trying either to prove liability where most massacres occurred. As a “You told me something I had not heard based on command responsibility for result, throughout 1982 and into 1983, as before.” A sign, perhaps, that my testi- one’s troops, or to demonstrate gross neg- violence peaked under Ríos Montt’s pol- mony has shed new light on the case ligence as commander in chief, I focused icy of “shoot whoever flees,” the Guate- against Ríos Montt. instead on an unlikely but obvious quar- malan press reported dozens of massa- ter: the Guatemalan press. The purpose in cres. Jean-Marie Simon is a GHRC board showing Judge Pedraz news clippings member and the author of “Guatemala: from this period was to quash Ríos I showed Judge Pedraz photographs of Eternal Spring, Eternal Tyranny” (WW Montt’s claim that he was unaware of newspaper headlines published between Norton, 1987). massacres in the countryside. How was it May and July 1982. One headline read:

Page 7 The Guatemala Human Rights Commission/USA Delegation with American University´s Alternative Break Program: The Indigenous Struggle for Rights and Recognition after Genocide By Nellie Mitchel

Guatemala is a complicated country. For me it was confusing, frustrating and awe- inspiring when I visited in January 2013 with a group of 12 other American Uni- versity students on a delegation led by GHRC. The purpose was to delve into the topics of indigenous rights and recon- ciliation after conflict. Through the delegation, we learned that in Guatemala you can neither understand these issues in isolation nor separate the past from the present. In this spirit, our trip brought together powerful movements including those seeking justice, historical memory, Students listening to a presentation in FAFG’s laboratory. (Photo:Nobuaki Tanaka) cultural preservation and environmental of the company’s work, and explained to guide stopped to explain the events of the equity. us how the homogeny of trees in the area day and add his personal experiences as a are the result of the company reforesta- young boy who was left behind while his We spent the first day of the delegation in tion effort. This unnatural environment is mother and siblings were marched to Guatemala City, where we met with the completely void of the wildlife and biodi- their death. In total, there were a series of Unit for the Protection of Guatemalan versity that once inhabited the forest. As five massacres committed against the Human Rights Defenders (UDEFEGUA), overwhelmed as I was by the injustice of people that were peacefully defending Families of the Guatemalan Detained- their circumstances – Cementos Pro- their ancestral land against a massive Disappeared (FAMDEGUA), and Guate- greso’s complete indifference to their hydroelectric dam. This tragedy was malan Foundation for Forensic Anthro- right to consultation and a healthy envi- caused by the government’s desire for an pology (FAFG) to establish a context of ronment, and the government’s bias in economic development project, funded the country’s history and its current hu- favor of the company – I was also over- by loans from the World Bank and the man rights situation. We were overwhelmed by the community’s gratitude Inter-American Development Bank, whelmed just hearing about the immense towards the AU delegation for returning within the context of the brutal internal work these prominent individuals and to their community for the third year in a armed conflict and scorched earth policy. organizations have taken on. row. Other days were more uplifting, espe- These themes began to come to life for us The next stops for our delegation were cially the day we visited the school on the second day, when we visited the the Maya Achí community of Río Negro Nueva Esperanza, which uses an innova- community of San Antonio Las Trojes, and the nearby city of Rabinal, where we tive approach to educate students about San Juan Sacatepéquez and learned of learned through first-hand testimony of their indigenous culture, their people’s their six year struggle against Cementos the construction of the Chixoy dam, the history, and community sustainability Progreso’s mining of their land. From the related massacres, and what the commu- through collaborative, hands-on learning. tower of their church, a community nity and human rights activists are doing The spirit of the children and the pride leader pointed out sacred ancestral spots to reconcile this unjust history. Commu- they took in their heritage inspired us as that they could no longer access because nity members, par- they performed a traditional Maya Achí ticularly survivors of play, providing hope for a future of cul- the 1982 massacre, tural richness and strong community have taken on the leadership. immense responsibility of ensuring their Our trip ended with a day that was both story is kept alive. infuriating and incredibly inspirational. We visited La Puya, in San José del We spent a physically Golfo and saw how people from the sur- and emotionally rounding area, from all walks of life, strenuous day hiking have come together to resist an interna- up a mountain to tional company’s invasion of their land. Pak’oxom, where177 Hearing resistance leaders speak of the women and children blatant abuses in the hands of the govern- were massacred. ment and a US company made us realize Along the way, our Student’s Visiting Rio Negro (Photo:Nobuaki Tanaka) Continued on next page

Page 8 Issue #14 / May 2013 Genocide Survivor Adrian Ventura Shares Memories

On March 1, Adrian Ventura, survivor of fled, scattering in different directions to had suffered as attendees tried to make the genocide in Guatemala, addressed a escape the flames. Adrian described hav- sense of the stories and find clues as to crowd at Georgetown University which ing to cover his face and run through the how to prevent recurrences. As he spoke, included activists, academics, ambassa- smoldering woods to get away. In the Adrian voiced the fear which was at the dors and genocide survivors from other process, he lost track of his parents and heart of the conference. “I have children countries. He was there to share his ex- siblings and was forced to flee to Mexico and I fear that another genocide will be perience, and contribute to an effort to without them. carried out, in this country or another, understand the crime of genocide in order because the causes of the genocide re- to prevent it in the future. main.”

Dressed in the colorfully embroidered Adrian had a simple prescription for pre- black wool traje traditionally worn by vention. “The only medicine to create indigenous leaders in Chichicastenango, change, improvement and prevention is Adrian arrived at Georgetown University justice for survivors. Justice for genocide Law School prepared to represent his would mean we could reclaim our dignity people and recount his story. When his and our memory.” And yet, he said, there turn came, he detailed his experiences as is no cure for victims. “We will always a child in El Quiché, and how his family suffer in our heart and soul from the suffered through the government’s trauma caused by the government.” scorched earth policies that sought to exterminate the population, armed or Nevertheless, he explained , knowing that civilian. people acknowledged their suffering, and that they stand with the indigenous peo- He explained that, beyond bombs and ple of Guatemala, was an important form guns, the government used psychological of support. torture against the people. Soldiers Adrian Ventura in traditional clothes from rounded up villagers, gunned down chil- Chichicastenango, Guatemala. At a GHRC event the night before, dren and raped young girls and women in Adrian expressed his gratitude for ongo- front of their families. The intent, he said, When this happened, he said, “We ing international engagement. “When the was for word of the atrocities to spread thought the whole world was our enemy. government of Ríos Montt gave the order through the villages, sowing fear. They didn’t explain why they were doing to kill all Catholic and indigenous lead- this to us. We were only children. We ers, we were alone. It was like we were in Adrian harrowingly recounted how, at didn’t participate in the army or the guer- a tunnel, in the dark with no-where to go. only nine years old he was separated illa, yet we paid the price for the govern- We could only hear the bombs, the gre- from his family. One day, he said, sol- ment’s problems.” nades, the rifles….But it makes me happy diers came to his village. He hid in his to know that now there are many people house with his family, sure they would all Adrian gave his testimony alongside sur- who pay attention to us and recognize be killed. The soldiers set fire to the for- vivors of the Jewish Holocaust, the geno- that we have dignity. I want to thank eve- est surrounding the houses and soon his cide in Biafra and the genocide in Cam- ryone for getting involved and listening family’s house caught fire as well. They bodia. Each survivor recounted what they to us.”

American University Delegation Continued from previous page how grave Guatemala’s situation still is. turned to rebuild their community and I remember how grateful the communi- share their story. San Juan Sacatepéquez ties were that we were present and bear- What was most powerful for the students has weathered criminalization, bribery, ing witness to their stories, whether they was seeing communities in resistance at and violent attacks. People around San were decades-old stories rich in the his- every stage in the process, from the com- José del Golfo have dedicated their con- torical memory of the community, or munity of Rio Negro that was nearly stant attention to halting Kappes, Kassi- current struggles communities face night wiped off the map 30 years ago, to people day & Associates in its tracks. It is fright- and day. It’s clear to me that the first step who were approaching their one year ening to see the same pattern of oppres- to showing our solidarity is to share these anniversary to resistance at La Puya. sion and abuse of power play out over stories, and do everything we can to stand and over again, yet amazing to see that behind Guatemalans fighting for justice. Yet the strongest impression this trip left communities, through non-violent peace- me with was the perseverance of each ful resistance, are proving to be a true Nellie Mitchell was a student leader of community. Rio Negro miraculously per- force to be reckoned with. the AU alternative break trip. This was severed through the government’s at- As I still struggle to untangle what to do her second trip to Guatemala with tempt to eliminate them, and bravely re- with all that I have learned in Guatemala, GHRC.

Page 9 The Guatemala Human Rights Commission/USA Recent Attacks on Land Rights Activists Raise Alarm While the world watches the genocide generated by the construction of a well. trial in Guatemala, indigenous peoples Municipal authorities of San Juan Sa- and human rights defenders today are catepéquez accused Pascual and Peace suffering persecution very similar to that Brigades of being destabilizing forces. perpetrated in the 1980s. On February 25, Tomas Quej, leader of During the internal armed conflict, those the community of Calihá, Alta Verapaz, who spoke out to defend their rights were left his community for Coban after re- systematically assassinated by the State. ceiving a telephone call in which he was This violence was part of a government told to appear before the Coban court. On strategy that sought to maintain an eco- February 28, he turned up dead from bul- nomic system that benefited a small mi- let wounds. Quej was a member of the nority of elite families, leaving the in- People’s Council of Tezulutlán Manuel digenous majority in conditions of pov- Tot, which works in defense of land erty. The State tried to justify its tactics rights. The case has not been solved. by labeling these citizens as “internal enemies” who threatened Guatemala’s On March 8, Carlos Antonio Hernández, stability. union member and community leader, was assassinated by two men on a motor- This violence and repression continues cycle. Days before the attack, he had re- today. Activists who reject the govern- ceived death threats in relation to his en- ment’s economic policies, and demand vironmental activism in Camotán, Chi- that their vision of development be re- quimula. Hernández was also a member spected, are again facing accusations of of the Camoteca Campesino Association, being internal enemies or terrorists. Some and the Executive Committee of the Na- are victims of threats, assassination at- Protest against the Escobal Mine (Photo: mi- tional Union of Guatemalan Health tempts, and extrajudicial executions, mundo.org) Workers while others have been jailed under false criminal charges, becoming the nation’s istered 328 aggressions against defenders On March 15, Rubén Herrera, member of first generation of political prisoners. so far in 2013. Tragically, these acts the Huehuetenango People’s Assembly Persecution comes not just from the rarely result in prosecution or even inves- for the Defense of Natural Resources State, but also from the private sector: tigation, contributing to a dangerous envi- (ADH) was detained. His detention oc- national and multinational companies ronment of impunity. curred in the context of community oppo- seeking to protect and expand investment sition to a dam in Santa Cruz Barillas, opportunities, and their security firms, In a recent statement, the Guatemala Hu- Huehuetenango. The Public Prosecutor many owned by former military officials, man Rights Commission expressed dismissed similar charges against 11 Ba- that act as the companies’ private armies. “profound concern about this pattern of rillas residents who were jailed for up to attacks against communities, their leaders seven months before being released for Guatemala’s human rights situation has and other human rights defenders.” lack of evidence. deteriorated since the beginning of 2013, and a series of recent attacks has caused On the night of January 17, the main of- The night of March 17, four Xinca lead- alarm, both nationally and internationally. fice of the Association for the Advance- ers from Santa María Xalapán were kid- The Guatemala Human Rights Defender ment of Social Sciences (AVANCSO) napped while returning from a referen- Protection Unit (UEDEFEGUA) has reg- was broken into. This research center dum in San Rafael Las Flores. Two of focuses on rural development, extractive those detained escaped and one was re- industries, and historic memory. Uniden- leased, but Exaltación Marcos Ucelo, tified persons sedated the security guard Secretary of the Xinca Parlament, was and then stole computers and important found dead the next morning. The refer- documents. The investigation by the au- endum was the most recent step in a two- thorities has not advanced. year fight to oppose the Escobal Mine. Nevertheless, on April 3, the Guatemalan On January 24, Daniel Pascual, leader of government approved the Canadian com- the Committee for Campesino Unity pany Tahoe Resources’ license to mine (CUC), and two representatives of Peace gold and silver, without having concluded Brigades International were attacked and the investigation of the acts of violence or threatened on the road to San Antonio waiting for judicial rulings on the com- National Union of Guatemalan Health Workers Las Trojes, San Juan Sacatepéquez. They plaints filed by people who will be af- March. Carlos Antonio Hernández was on the Execu- were visiting to investigate a conflict tive Committee (Photo: Frontline Defenders) Continued on next page

Page 10 Issue #14 / May 2013 GHRC Calls on US, Mesoamerican Presidents to Reevaluate Security Policies

In an effort led by GHRC and coalition communities does not con- partners, over 150 international, regional stitute ‘development’.” In- and local organizations from 10 countries stead, they write, it has re- came together this April to address presi- sulted in further impoverish- dents from the US and Mesoamerica on ment, forced displacement, the eve of their summit on May 4-5. environmental destruction and an increase in govern- The human rights, immigrant rights and ment repression of social civil society organizations from across movements that oppose such the region expressed concern about rising projects. Finally, the letter rates of violence and denounced “failed links violence and harmful security policies that have militarized multinational development citizen security […] and are directly con- projects with forced migra- tributing to increased human suffering in tion and denounces crimi- the region.” Examples from Mexico, nalization of immigrants in Guatemala, Honduras and the United the US. Guatemala trains guns on its own people. (Photo:mimundo.org) States demonstrate that militarization has weakened public institutions, has led to Groups called on their governments to reference to the human rights crisis. Nor thousands of civilian deaths, and has “make the protection of fundamental hu- has he proposed any concrete changes to done nothing to decrease transnational man rights – economic and social, civil regional policies that would refocus US organized crime or make citizens safer. and political –a focal point of this SICA funding. In fact, the President’s budget gathering and future regional dialogues.” requests increased funds for problematic Organizations also expressed concern security programs in Central America. about regional economic policies and In comments made during the trip, Presi- stressed that “the imposition of large- dent Obama expressed openness to alter- Full text of letter available at www.ghrc- scale extractive projects on marginalized natives to militarization, yet made no usa.org/resources/press-room/.

Attacks on Land Rights Activists Continued from previous page fected by the mine. of houses were ransacked, and various people were arrested. Four of the arrested On April 8, Daniel Pedro, community waited at least 18 days for their first hear- leader from Santa Eulalia, was kidnapped ing before a judge. in Santa Cruz Barillas. Pedro was also a member of ADH, and active in struggles GHRC has called on authorities to do against the hydroelectric dam in Barillas, more to investigate cases of assassina- as well as logging in Huehuetenango, tions, threats, and attacks against human which has displaced indigenous commu- rights defenders and bring the perpetra- nities. His body was found on April 17. tors to justice. GHRC has also worked with a coalition of organizations to gather On April 11, 26 community members signatures calling for the release of were detained during a peaceful protest in Rubén Herrera and to deny the license for Daniel Pedro Mateo, indigenous activist kid- San Rafael Las Flores, Cuilapa, Santa napped April 7. (Photo: elquetzalteco.com.gt) the Escobal Mine, and publically de- Rosa. They were protesting the approval nounced the attacks on AVANCSO and of the license for the Escobal Mine. The Though the Interior Minister tried to jus- Peace Brigades International. And GHRC protesters were on private property with tify the guard’s actions, the head of mine continues to urge the United States to do permission from the owner yet security security was arrested while trying to more to protect human rights defenders. forces entered without a warrant. A num- leave the country. ber of men and women were injured by As Guatemala begins to chip away at the tear gas used by the police during the On May 2, a state of siege was declared impunity for egregious human rights vio- arrests. On April 15, after giving their in four municipalities in the departments lations of the past, we must ensure that testimony, the charges against the 26 peo- of Jalapa and Santa Rosa around the cycles of repression and violence do not ple were dropped and they were released. Escobal Mine. The move suspended sev- repeat against current-day activists work- eral constitutional rights and placed the ing to create a more just and inclusive On April 27, private security guarding army in command. Thousands of soldiers society. the mine fired on protesters injuring 6. and police were sent to the area, dozens

Page 11 The Guatemala Human Rights Commission/USA GHRC Hosts K’iche’ Community Leader Lolita Chávez

Lolita Chávez Ixcaquic returned to her she has been victim to attack. She spoke home in Santa Cruz del Quiché after a of an incident that occurred in July of month-long tour of Canada and Washing- 2012 when a group of armed men sur- ton, DC, where she spoke about her ex- rounded the bus that was carrying her perience as a community leader working home from a protest and attempted to to defend the rights of the K’iche’ people. lynch her. The men were unable to drag Lolita served as spokesperson for the her from the bus, but severely beat four K’iche’ People’s Council (CPK) and has other women who were with her. proven herself a fearless warrior of peaceful resistance to the many large- The frequency of attacks against mem- scale hydroelectric and mining projects in bers of the CPK has risen significantly the region of El Quiché. GHRC organ- over the past year. In 2010 there were ized the DC leg of Lolita’s tour, which four documented attacks against the included public events at universities as CPK; in 2011 there were eight. Last year, well as meetings with several government that number jumped to 67. offices. Lolita speaks at the Center for International Envi- ronmental Law. Lolita attributes this dramatic increase to Lolita and the CPK have organized a the presidency of Otto Pérez Molina. number of community referendums in but at what cost? Gold is killing us. This “We are being killed in the name of de- which nearly 100% of 27,000 participants relationship is unjust; you can’t generate velopment and in the name of security,” expressed their opposition to mining and gold by spilling blood.” she said, “but we are not terrorists or drug hydroelectric projects in their territories. traffickers.” Over a million Guatemalans have partici- The work of the CPK has implied serious pated in these referendums throughout security risks for Lolita and her col- Yet, she emphasized, they are responding the country and an overwhelming major- leagues, who have been the victims of to the new war waged against their land, ity has rejected the projects. “Our move- vicious attacks, both verbal and physical. territories and culture with peaceful ac- ments are based on ancestral principles of There exists an alarming impunity rate tions. “While I am still alive, I will continue to speak out; I will not be silenced. I will continue saying no to remilitariza- “While I am still alive, I will continue to speak out; tion, no to repression.” I will not be silenced.” —Lolita Chávez Lolita’s decision to fight for her commu- equilibrium and reciprocity,” she ex- for the perpetrators of these attacks and a nity’s rights in spite of ongoing risks plained. “They are intergenerational, pro- simultaneous criminalization of the hu- speaks to her incredible courage, selfless- mote respect for Mother Nature and all man rights defenders themselves. Many ness and conviction. And in the end, Lo- living things.” have been charged with baseless --but lita’s message is one of peace and justice. very serious--criminal offenses. As the She wants nothing more for her commu- The Guatemalan government, however, public face of the Council for the last two nity than the basic rights of consultation, refuses to recognize the legitimacy of the years, Lolita has been a primary target self-determination, and something the referendums and continues to deny in- and has been named in 22 legal com- Mayan K’iche’ call ‘Utz Kaslemal’, the digenous peoples’ right to consultation. plaints; the local police have also labeled right to live a full and harmonious life. her a threat to national security and the Lolita identified the government as only Constitution – essentially classifying her one of a trio of power-holders -- includ- as a terrorist. ing the country’s oligarchy and the international business community -- that has One of the most emotional and poignant worked to undermine and repress the moments in Lolita’s presentations was movements of resistance to extractive when she told the story of a fellow CPK industries and other megaprojects. They leader, José Tavico Tzunun, who was accuse community activists of being murdered in his home on June 12, 2012. “trouble-makers, savages, and enemies of He had received death threats, but did not development who scare away tourism.” go to the police because he had no faith in the justice system. Companies take advantage of impunity to take over indigenous lands, she ex- The Inter-American Commission on Hu- plained, and investors often have no idea man Rights granted Lolita precautionary where their money goes. “Their invest- measures that provide her with a body- ments bring them development, food, guard. But, even with increased security, Lolita at Busboys and Poets with interpretation to wellbeing, clean and orderly societies… American Sign Language (Photo: Manuel Leon)

Page 12 Issue #14 / May 2013 Organizations Denounce Violations At Commission Hearings In the March session of hearings of the Criminalization of Community Radio rights [and] it is the obligation of the Inter-American Commission on Human Radio is often the primary source of news states to guarantee effective compliance Rights (IACHR), Guatemalan organiza- and information for rural communities, with national, regional and international tions denounced threats to judicial inde- and sometimes the only medium that pro- human rights laws,” she said. She empha- pendence, lack of reparations to victims vides news in local languages. A group sized the importance of strong and flexi- of the internal conflict, and attacks on of Mayan associations that promote free- ble mechanisms to ensure victims´ access freedom of expression and community dom of expression for indigenous peoples to justice, including the granting of ur- radio stations. expressed concern to the Commission gent Precautionary Measures. about ongoing criminalization of commu- The IACHR, along with the Inter- nity radio stations. Opportunities for civil society input, American Court, is part of the Organiza- however, were very limited throughout tion of American States (OAS). The Special Rapporteur for Freedom of Ex- the multi-year reform process, and pro- Commission was created in 1959 with the pression, Catalina Botero, directed a hibitive for most “users” of the system. mission to promote and protect human strongly worded statement to the govern- Ultimately, none of the recommendations rights in the American hemisphere and is ment. “This is an issue we have dealt from civil society were incorporated into headquartered in Washington, DC. with for ten years,” she said, reminding the final reforms. Governments suc- them that the State has not recognized ceeded in complicating the procedures for Human rights organizations stressed con- legitimate community radio, and instead requesting and implementing precaution- cerns about militarization, criminalization equates it with illegal stations operating ary measures and petitions, creating in- of social movements and a lack of pro- ductive dialogue. They noted that the government has not fulfilled its international legal obligations including the im- plementation of Precautionary Measures and Inter-American Court sentences.

Threats to Judicial Independence The issue of judicial independence was raised at an important time, as the genocide trial was about to begin. The petitioners, which included Lawyers Without Borders Canada, the Human Rights Law Firm and CALDH, highlighted advances in the judiciary but stressed that State policies and public declarations continued to promote impunity and were an affront to the dignity of victims in the country. They also denounced a series of threats and defamation in the press that put judges at risk. Protest in support of community radio outside of the Guatemalan Congress (Photo: Cultural Survival)

In its response, the Guatemalan govern- without a license. “You must develop a creased bureaucracy on an already ment mentioned that it receives dozens of framework to recognize community ra- strained system. The reforms raise the bar complaints each year of threats against dio; […] disproportionate criminal action for victims and petitioners, while ceding members of the judiciary. In recent against these stations is not appropriate.” more space and power to governments to years, it had provided protection to 40 oppose protective measures. prosecutors and received requests for Reforms Weaken IACHR protection for over 50 judges. Taking As human rights violations are on the In a press conference before the March advantage of the moment, the govern- rise in Guatemala, victims are looking to General Assembly of the OAS, a group of ment reiterated to the Commission that the IACHR to help hold their government human rights organizations from across there had been “no genocide in Guate- accountable. However, recent reforms, the Americas reiterated their support for mala.” adopted a week after the hearings, have the Inter-American System. “The reforms weakened the protections the Commis- have not achieved a true strengthening of Commissioner Felipe Gonzalez reminded sion is able to offer. the System,” they stated, highlighting the government that public statements insufficient funding and the lack of im- affect the rule of law and democracy of In December 2012, GHRC’s Kelsey Al- proved access for victims. They will take the nation. President José Orozco added: ford-Jones addressed the OAS Permanent effect in August 2013. “There should be a zero tolerance policy Council. “The Inter-American System is to threats against justice operators.” fundamental to the protection of our Page 13 The Guatemala Human Rights Commission/USA Justice for My Sister Collective Reaches Youth in US and Guatemala

By Voiceless Speak Recipient Heidy Formed in November, 2011, the Collec- Rodríguez tive began as an outreach campaign surrounding the film and works to form It is funny the way life works in a cycli- young leaders in Guatemala who can, in cal manner. We always go back to where turn, offer violence prevention workshops we started in one form or another. At 23, to thousands more. In the US, the Collec- I traveled from my home in the United tive educates immigrant women about States to Guatemala, reversing the jour- healthy relationships through workshops, ney my parents had made at the very seminars, community events, and film same age. They had left war-stricken screenings. It aims to end the silence and Guatemala for the US in the 1980s. break the cycle that has long reigned in our patriarchal culture and trickles down I was advised not to travel alone, and to our families. I serve as one of the com- while in Guatemala, I lived in constant munity coordinators in the Collective, fear for my safety in a land where misog- and organize community events, pitch yny is the norm. Unfortunately, my fear ideas, and maintain communication with was not unfounded, and while walking special speakers. down the street in Quetzaltenango, I was assaulted. I knew then that I had to break Over the last year and a half, the film and the silence that kept Guatemala’s misog- our violence prevention campaign have yny in the shadows and help others in the traveled to over 150 communities in Gua- Heidy gives the welcome address for a screening of community do the same. temala, in addition to nine other coun- the documentary (Photo: Polvo de Luz) tries, numerous college campuses in the I am a peaceful warrior and support US, several high schools, and many com- relationships in progressive spaces and causes that will never allow any woman, munity spaces in Los Angeles. In June social movements. regardless of legal status, to face injustice 2012, our Los Angeles chapter held its and fear. This is why I was inspired to inaugural retreat and training. I have the best of both worlds. My beauti- join the Justice for My Sister Collective ful Guatemalan heritage mixed with my after attending a community film screen- As a collective, our first step was to de- American upbringing gives me a better ing of the award-winning documentary velop our own leadership skills, including understanding of the world and my role Justice for My Sister. public speaking and community organiz- in it. My work with the Collective is an- ing. We hold violence prevention work- homage to all the women in Guatemala The film is a David–versus-Goliath story shops, screenings, and panel discussions and around the world. about Rebeca, whose sister Adela was to raise awareness about gender-based brutally murdered by her ex-boyfriend violence and to connect our audiences to In June 2013, the Justice for My Sister Ricardo. Rebeca is a single mother of five service providers. We also distribute Collective will launch a guest lecture who makes tortillas to survive. Despite pledge cards to encourage audience mem- series on healthy relationships, econo- seemingly insurmountable obstacles, she bers to take concrete action to prevent mic independence, and violence pre- is determined to see that Adela’s killer is gender-based violence. vention geared towards undocumented held accountable, and has led an effort to women between the ages of 20 and 40. push for an investigation of the murder. The response from the Guatemalan community in Los Angeles has been over- If your organization is interested in The story hit especially close to home as whelming. We have initiated a collective hosting a screening of JUSTICE FOR it takes place in my father’s hometown of process of healing across generations, MY SISTER, please contact Communi- Escuintla. Watching it was like walking legal status, ethnicity, and sexual orienta- ty Outreach Coordinator Heidy Rodri- through Escuintla myself, and it reminded tion. One of our initiatives is an ongoing guez at [email protected]. me of my own community’s survivors- series of community forums where we turned-warriors who have peacefully create space for community members to A trailer for the film can be found at combated violence against women. discuss how we can better create healthy www.justiceformysister.com.

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Interested in getting more involved with the Guatemala Human Rights Commission? Let us know! Whether it is in our DC office or from afar, there are many opportunities to help out. We are looking for translators (must be fluent in Spanish), helpers for large mailings, and passionate activists who would like to help educate or fundraise in their own community.

Page 14 Issue #14 / May 2013 Human Rights UPDATE in San Juan Sacatepéquez has opposed the construction of a ce- MILITARIZATION ment factory by Cementos Progreso since 2006. In late January, residents voiced concern over a project to build a well when com- Feb. 3: Military increasing role in citizen security. President pany workers arrived with heavy machinery. Over 5,000 people Pérez Molina ordered the Defense Ministry to develop a plan to protested for several days against the violence and intimidation. increase military involvement in both citizen and border security. Apr. 22: Polochic families and supporters gather outside Feb. 15: Guatemalan Defense Ministry announces US dona- presidential palace. About 500 campesinos and community tion of 42 armored vehicles for new military base in Tecun leaders gathered outside the presidential palace to demand that Uman. The vehicles, along with other training and support, is the Guatemalan government comply with its promise to provide part of ongoing US collaboration with Guatemalan armed forces land for the 769 families that were violently evicted from the to combat organized crime. Polochic Valley in 2011. Several weeks before, the group requested a meeting with the president so that they could hand over Feb. 15: Reduced charges for soldiers and colonel in Totoni- a petition with more than 100,000 signatures. President Pérez capán massacre. Colonel Chiroy will be charged with breach of Molina did not meet with them due to “scheduling problems.” duty, while eight of his soldiers will be charged with breach of duty and “murder in a state of a violent emotion,” for the killing Jan.-May: Ongoing conflict and violence at San Rafael mine. of six protesters in Totonicapán in October 2012. Judge Carol In January, a violent attack on the Escobal Mine took place some- Patricia Flores determined that the soldiers fired in self-defense, time in the night killing 3 people and injuring 7. On Apr. 11, and thus should not be charged with extrajudicial execution. peaceful protests were broken up with arrests and on Apr. 27, mining security guards fired on protestors. A state of siege was Apr. 7: New military base in Ciudad Quetzal. President Pérez declared on May 2 and further arrests were made. Molina announced the installation of a new military base in the suburb of Guatemala City in order to quell rising levels of vio- IMPUNITY & CRIMINALIZATION lence. The installation, he claimed, is a response to the community's requests for heightened security. Pérez Molina also an- Feb. 21: Bishop Gerardi’s killer arrested re-entering prison. nounced heightened security in 25 municipalities at high risk for After reportedly being allowed to enter and leave prison at will, violence. Byron Lima Oliva was detained while returning to prison and charged with misconduct. His guards at the prison were also detained, and the prison director was fired. Since he was found WOMEN’S RIGHTS guilty of the 1998 murder of Bishop Juan José Gerardi, Byron Lima has enjoyed immense power within the prison system. Feb. 19: Guatemala Signs the UN Women’s Initiative to end violence against women. Feb. 22: Human Rights Ombudsman calls for investigation of 4 judges. Human Rights Ombudsman, Jorge de León Duque, Feb. 23: Creation of a Ministry for Women sought. Represen- requested the investigation of four judges involved in the case of tatives from 15 social organizations visited Congress to ask that nine who were captured in Santa Cruz Barillas last May. de León public policies supporting women’s rights not be forgotten and Duque claims that the rights of the arrested were violated that a Ministry for Women be created.

Feb. 27: Alba Trejo, the Commissioner Against Femicide re- TRUTH, JUSTICE & HISTORICAL MEMORY signs due to intimidation and threats. Trejo, appointed in 2010, was the first to hold the position. Feb. 28: Constitutional Court upholds closure of case Efraín ACCESS TO LAND AND NATURAL Bámaca. The Court confirmed the closure of the criminal case against President Pérez Molina for the forced disappearance of RESOURCES Efraín Bámaca. In March 2011, Bámaca’s widow, Jennifer Har- bury, brought a criminal complaint against then presidential can- Jan. 8: Security guards at Marlin mine shoot at workers. didate for his role in her husband’s disappearance and death. Her Guards at the mine in San Miguel Ixtahuacán, San Marcos shot at complaint followed the Inter-American Court’s 2010 order for and wounded nine mine workers who were protesting for em- the Guatemalan government to re-open the investigation. ployment benefits. Previously, their employer, the mining company Montana Exploradora, had been coercing its workers to sign Mar. 26: Former Military Commissioner sentenced to 50 employment contracts that did not allow them to receive any years for crimes against humanity and forced disappear- benefits for their work in the mine. ances. Isidro Cardona Osorio has been sentenced to 50.5 years in jail for committing crimes against humanity and forced disap- Jan. 28: Community denounces violence and intimidation by pearances related to the disappearance of student Edgar Leonel cement company. The community of San Antonio las Trojes I Paredes in 1982.

Page 15 Guatemala Human Rights Commission/USA ______3321 12th Street NE Washington, DC 20017 Tel: (202) 529-6599 www.ghrc-usa.org

El Quetzal Human Rights News and Updates

Historic genocide trial; Ríos Montt conviction annulled

Ongoing attacks against land rights activists

Visit Guatemala this summer with GHRC. Meet amazing activists and learn about women’s struggles around the country. Join our Delegation August 3-11, 2013 “Women in Resistance: Seeking Justice for Genocide and Defending our Lands” Information at www.ghrc-usa.org