Human Rights Commission/USA El Quetzal Human Rights News and Updates Issue #13 GHRC December 2012

Remilitarization gives rise to new tensions and violence in Guatemala

On October 6, the Guatemalan army gunned down six indigenous protestors in

Totonicapán and injured at least 30 more.

The soldiers had advanced on thousands protesting unpopular government reforms and shot into the crowd. PHOTO The event was a tragic manifestation of one of the public’s worst fears since President Pérez Molina took office in January 2012: that the Guatemalan armed forces would resort to deadly force in order to repress and silence dissent, an experience all too familiar in the nation´s collective historic memory.

Pérez Molina has made no secret of his intention to deploy the armed forces in US Marines train with Guatemalan Special Forces. Photo: Cpl. Daniel Negrete ever-greater numbers and ever-expanding roles — the military now overwhelm- Soldiers from the Kaminal Task Force operating in Guatemala City. Photo: El Periodico ingly dominates citizen security initia- tives. Whether walking down Guatemala the police during evictions and protests. troversial, and the reasons behind it are City’s central avenue, the “Sexta,” or Soldiers have also been deployed en much more complex than first meet the driving on any major highway, Guatema- masse to reduce crime in Guatemala eye. In fact, some argue that the motiva- lans are once again likely to encounter City´s poorest neighborhoods. tion for militarization has little to do with soldiers patrolling with semi-automatic providing security for Guatemalan citi- rifles or checking papers at military road- Seeing soldiers on the streets may not be zens – instead, it is about protecting the blocks. new in Guatemala, but for the first time status quo, ensuring impunity for the in over 15 years, current and former mili- armed forces and defending multinational The government has opened at least five tary personnel permeate the leadership of economic investments. The US govern- new military bases and outposts since the civilian institutions and dictate the ad- ment has been eager to offer support to beginning of 2012, and has sent soldiers ministration’s approach to governance. the Guatemalan military, despite the to fight drug cartels, to protect historic problematic implications. sites and nature reserves, and to back up This swift remilitarization is deeply con- Continued on Page 6 ALSO IN THIS ISSUE Resistance in San José del Golfo Continues………….8

Letter from the Director ………..…...………...... 2 Massacre in Totonicapán...………………...... 10 Introducing GHRC’s Newest Staff Member…………3 Guatemala’s High Risk Courts Tackle Impunity .…..11 Women in Resistance Inspire Delegates….……….4 New Voiceless Speak Fund Recipients …………….12 Update from …….……..….....5 Celebrating 30 years of GHRC..…………………….13 Human Rights UPDATE……………...……...……14 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 As I think back over 2012, I can’t help but feel GHRC’s Women’s Rights delegation met with Rights Commission/USA deep admiration for our partners and allies in women from both Santa Cruz Barillas and San (GHRC) is a non-profit, Guatemala. For social movements and human Jose del Golfo, among many others, to learn grassroots, solidarity or- rights activists, the year presented a series of about their involvement in land rights struggles. ganization dedicated to almost continuous setbacks and challenges, and Participants were inspired to hear that, though promoting human rights in a level of tension not felt since the armed con- little progress has been made to meaningfully Guatemala and supporting flict. Yet what stands out to me in this issue of address high rates of violence against women, communities and activists the Quetzal, which covers some of the year’s women continue to play key leadership roles at who face threats and vio- most critical cases, is the Guatemalan people’s the grassroots level. lence. GHRC documents response to this new context, their solidarity and denounces abuses, across movements, their determination, and the Yet many of these women, and other human educates the international small victories that show hope for the future. rights defenders across the country, are being community, and advocates labeled “guerillas” and “terrorists” by pro- for policies that foster For GHRC, it was a year to take stock, to assess military activists and shadowy ultraconservative peace and justice. Guatemala’s new administration, and to create groups like the Foundation against Terrorism. new strategies to address the most pressing hu- The Guatemalan news media has lent itself as a Board of Directors man rights issues. It has also been an important forum for these slander campaigns, publishing year to celebrate the history of our organization. bold and direct threats against individuals and Christina del Castillo In September, accompanied by old friends and organizations, while generating an atmosphere Co-President new supporters, we celebrated 30 years of soli- of incredible tension and increased risk for activ- Patricia Foxen darity with Guatemala. We also expanded our ists. Co-President Guatemala City office by welcoming our newest Elliot Rosen staff member, Dania Rodriguez. We’ve also seen these conflicts play out in Gua- Treasurer temalan courts. GHRC has helped monitor Joan Dawson I have watched with growing concern as the abuses of the criminal justice system, as well as Secretary government has methodically expanded the mili- the progress of a number of emblematic cases Yolanda Alcorta tary’s control and tried to ensure protection and from the internal armed conflict in which the Andrés Cruz impunity for those who have violated human accused — high-level military officials – are John Leary rights. As the Human Rights Convergence, a seeking amnesty. The Constitutional Court is set Kathy Ogle coalition of Guatemalan organizations, notes in to rule on the issue; despite extensive legal Jean-Marie Simon their 2011 report, militarization isn’t only seeing precedents denying amnesty for crimes against Emily Willard the military on the street, but it’s the return of humanity, intense pressure may sway the highly- way of thinking, an institutional culture. politicized Court. Advisory Board For many communities, the intensity of ongoing Yet there are also positive signs. The High Risk Kit Gage social conflicts increased dramatically, and past Courts, which GHRC staff visited in October, Jennifer Harbury and present seemed to merge as the government have achieved important sentences in landmark Sr. Dianna Ortiz reverted to the rhetoric and, in some cases, the cases. Courageous judges are beginning to break Sr. Alice Zachmann brutal repression of the 1980s. The military’s through the wall of impunity that has existed for Staff massacre of indigenous protestors in Totoni- those with power, such as military officials, drug capán has become the emblematic example of traffickers, and corrupt politicians. Kelsey Alford-Jones the danger in using the military for citizen secu- Director rity. Yet we at GHRC have been inspired by the I have no doubt the new year will bring similar way that the international community continues challenges, and in response, growing social Kathryn Johnson to engage and act in ever greater numbers. Our movements. As human rights defenders renew Development and online petition in response to the massacre re- their struggles, GHRC will stand with them and Advocacy Coordinator ceived 10,000 signatures in just a few weeks. utilize all the tools at our disposal to promote Rob Mercatante positive change. This publication is one of those Director of the Guatemala The Guatemalan government’s approach to pro- tools, and I encourage you to share these stories Office gress – “development” by force and at all costs – to raise awareness and strengthen the movement has given rise to renewed attack on land rights, for solidarity with the people of Guatemala. Dania Rodriguez Administrative Assistant indigenous communities and civil rights. We have seen this in the state of siege in Santa Cruz With gratitude, Interns Barillas in May and the incarceration of a dozen community leaders who resisted a hydroelectric Christina McCarty dam project. It is reflected in the numerous ag- MJ Kirsch gressive attempts to evict the communities in resistance to a gold mine in San Jose del Golfo Kelsey Alford Jones and San Pedro Ayampuc.

Page 2 Issue #13 / December 2012 The Threads of my History: Introducing Dania Rodríguez

October 20, 1981 is a day that will for- cide in Guatemala, and without a doubt, ever mark my life. Only six years old, I the country is different. One can’t deny hardly understood what was happening, that some things have changed; neverthe- what it meant to go into exile. Surely the less, some of the issues that gave rise to departure, leaving behind one’s country the armed conflict haven’t changed sig- of origin, meant a lot for my older brother nificantly. and my parents who were much more rooted in Guatemala than my younger As in previous decades, the State contin- sisters or I. ues to be at the service of national and transnational economic powers seeking to Like any beginning in a new society, this accumulate capital, prioritizing their in- was especially complicated for my par- terests above those of the Guatemalan ents. The solidarity we received from the people, which in turn is persecuted and Mexican people was indescribable, and is criminalized. one of the reasons I feel such a strong connection to the country. As the years This situation has given rise to the hugely past, I learned that this same solidarity important challenge for human rights had also been shared with thousands of organizations – to continue the struggle families that, having walked for days initiated more than two decades ago to through the mountains, arrived in Mex- safeguard the respect for fundamental ico, fleeing an army that was destroying rights, rights that in Guatemala continue entire villages. Many had to bury or leave to be disregarded. behind family members that weren’t able to escape the extermination policy of the Guatemala’s history has formed me as a Guatemalan state in the beginning of the Anthropology Foundation (FAFG), was human being, as a woman. I have a pro- 1980s. In this context of war, there was especially valuable, as it allowed me to found interest in understanding historic no distinction based on age or sex, they get to know the survivors of grave human processes, which allows me to develop as were all enemies. We were all enemies. rights violations, people who had lived a person, and to contribute in the work- the history that years before I learned place on issues related to human rights. I grew up in , where I completed about in textbooks and through third- For me, therefore, it is a pleasure to be a my education up through high school. person accounts. The protagonists were part of the GHRC team and also an op- Despite the distance, Guatemala was al- right in front of me, sharing in detail the portunity to take another step down the ways present; nostalgic family evocations events that had occurred, providing pre- path I began many years ago. full of happiness clashed with the news cise descriptions of their loved ones, and

Guatemala’s history has formed me as a human being, as a woman. I have Did you know? a profound interest in understanding historic processes, which allows me GHRC’s work includes analysis of to develop as a person, and to contribute in the workplace on issues re- the structural causes of human lated to human rights. rights violations; education in the international arena through publica- we heard about the country, despite the the way in which they had been assassi- tions, presentations, delegations and government’s media blockade. Increas- nated and how they had survived. The speaking tours; advocacy with the ingly I also came to know the Guatema- level of detail in their testimonies was US and Guatemalan governments, lan people’s stories of resistance and surprising, and was not only important as well as the Inter-American legal struggle. After finishing my high school for my work. Above all, for each family it system and the UN; and direct sup- diploma, I made the decision to return to signified the hope of finding the remains port for human rights defenders Guatemala, and I did so a few years after of some of their family members buried through urgent actions, petitions, the signing of the Peace Accords, in in clandestine graves. I understood the trial observation, coalition work and 1996. profound value of the truth, the necessity emergency funds for victims of felt by each family that their relatives be intimidation and attacks. I studied anthropology at the University vindicated and their dignity – snatched of San Carlos. Like the majority of stu- from them by the State – be returned to To learn more, visit our new web- dents in Guatemala, I worked throughout them. site: www.ghrc-usa.org! my university years, and all these experi- GHRC also posts frequent updates ences were enriching. The experience of More than 30 years have passed since to our facebook page and our blog, working with the Guatemalan Forensic military dictatorships committed geno- ghrcusa.wordpress.com.

Page 3 The Guatemala Human Rights Commission/USA 2012 “Women in Resistance” Delegation an Event to Remember

By Ilyse Kramer

In August 2012, I was one of the ten par- ticipants in GHRC's annual “Women in Resistance” delegation. The delegation addressed two often intersecting strug- gles—that of women working to protect their bodies from abuse, and that of in- digenous communities defending their land rights. We met with organizations in Guatemala City, Chimaltenango, and Xela; communities from Santa Lucia Cotzumalguapa and San José del Golfo; and activists from Jalapa, San Martin, Sacatepéquez, and the Alliance of Rural The 2012 “Women in Resistance” Delegation expresses their solidarity with the communities of San José Women. del Golfo and San Pedro Ayampuc in their peaceful struggle against harmful mining. Photo: GHRC. road block, guarded in shared shifts, has woman who overcame all odds to leave We began our week with Lorena Cabnal, prevented all mining equipment from an abusive relationship as a young co-leader of the Association of Xinka entering their land. We sat with commu- mother, and who now is a leader in her Women of Santa María Xalapán. She led nity members, and listened to leader An- community. us in an opening ceremony, or “attuning” tonio Reyes describe the mine's harmful to expand our minds to the diverse per- processes and the motivation for their Other meetings focused on how women spectives we would encounter during the peaceful protest because the community are affected by violence. Nuevos Hori- delegation. She also encouraged us to views “all life in a holistic way.” zontes and Fundación Sobrevivientes share our experiences, and in the space provide comprehensive legal and psycho- below, I have tried to weave together This holistic worldview is also held by social services to female victims and sur- snippets of these varied perspectives into the organizations we met with dedicated vivors of domestic violence, child abuse, a fabric that can hold the shape of this to responding to social problems. Resi- and femicide. Tabita Levántate also helps amazing week. dents of Zone 5, one of the most impov- family heal from trauma, and offers psy- erished neighborhood in Guatemala City, cho-social counseling, educational, and The delegation addressed two formed ISMUGUA to unite communities job training programs to help Chimal- often intersecting struggles: that to improve their living conditions. This tenango's sex workers “reclaim their dig- of women to protect their bodies neighborhood, also known as a “La Li- nity.” We also met with UNAMG, a monada,” is located in a ravine, and feminist organization that analyzes vio- from abuse, and that of indige- therefore suffers from flooding and health lence against women. Director Luz Mé- nous communities to defend their concerns relating to scarce clean water ndez contextualized how Guatemala's right to land. supply. While explaining their grassroots history informed sexual violence against organizing efforts to address these issues, women, and explained recent opportuni- ISMUGUA showed abundant generosity- ties for women to speak out. Our meet- One recurring thread in this fabric is the -welcoming us with tamales and coffee; ings with Plataforma Holandesa and principle of reciprocity, namely that what and after our talk, we enjoyed chatting UDEFEGUA rounded out a picture of affects one, affects many. Lolita Chavez, with the children and families, and perus- Guatemala’s political landscape through co-founder of the K’iche People's Coun- ing and purchasing ISMUGUA’s creative explanations of judicial impunity and cil, defined this principle as tzcat, which handcrafts made from recyclables. human rights defenders. translates from K’iche as “I am you, you are me.” This idea communicates the One response to experiencing such pov- We wrapped up our week with a dinner at Council's mission of mobilizing commu- erty is to immigrate to the , artists' collective Casa Artesana with nities across Guatemala to advocate for but the organization DESGUA promotes feminist activist Sandra Moran. Sur- representation in decision making proc- local trade and development to encourage rounded by portraits created by women in esses regarding development projects on Guatemalans to attain the Guatemalan Guatemala's prisons, we engaged in a their land which could have negative im- dream. DESGUA’s programs include a lively discussion about Guatemala’s com- pacts. Youth Leadership School and Social Re- plex feminist movements. Concluding integration Program for former migrants. our conversation, Sandra sang and We also saw tzcat in our visit to San José DESGUA also operates Cafe Red, a res- drummed a riveting song, “Mujer.” Her del Golfo, a community that has main- taurant and fair trade store, where our powerful voice and pounding drumbeats tained a peaceful blockade since March delegation enjoyed a delicious lunch pre- gave potent expression to the week’s 2012 to protest a gold mining project, pared with local ingredients. At DES- themes of strength and perseverance which will use toxic chemicals and re- GUA, we also met with Juana Lopez, a amidst struggle and suffering. duce the community’s water supply. This

Page 4 Issue #13 / December 2012

The Tragic Tale of the Barillas Political Prisoners

At 2:15am, in the darkest moments of the appeared in court with seven of the de- has marked us for life. It was a night- early morning, the doors to the Guate- fendants. During the trial absolutely no mare… But we thank God that our happi- mala City prison opened and Marcos evidence was presented tying him to the ness has returned, the happiness that we walked out a free man. He had been un- protests on May 1st. The judge had no had had lost for nearly seven months justly imprisoned for nearly 150 days. option but to declare him innocent and while my father was in jail."

His arrest and detention in Santa With the release of Marcos, Pas- Cruz Barillas, Huehuetenango, cual and Esteban, eight men remain has become one of the year’s em- behind bars; men who represent the blematic cases of unjust criminali- Barillas community’s activism to zation of community leaders. defend their land, environment, and water. It began seven months ago, when Andrés Francisco Miguel was Background gunned down on a dusty road outside of Barillas. Those purport- Since 2007, Mayan communities edly responsible for his murder around the Cambalan River had are two security guards employed overwhelmingly rejected large- by Hidro Santa Cruz, a Spanish- scale development projects, includ- owned hydroelectric company ing hydroelectric dams, for both with plans to build a dam in the Marcos Mateo Miguel and his family. Photo: GHRC the ecological and cultural impacts area. The death of Andres, a local it would have in the region. leader opposed to the dam, set off a series order his immediate release. of protests by local residents who saw In 2009, the municipality tried to prevent this as the latest and most egregious vio- In the company of his wife and two beau- any new construction on the Cambalan lation of their rights by the company. tiful children Marcos admitted his relief River. However, Hidro Santa Cruz took at being released. But his generous smile the local government to court – and won The administration of President Otto quickly turned into a grimace of determi- –on the grounds that Guatemalan munici- Pérez Molina responded to community nation. "My brother is still imprisoned. I palities had no existing regulations gov- protests by declaring a state of siege in won't rest until he and all of the other erning construction projects. Barillas, which suspended constitutional political prisoners are released." rights and placed the army in control of On May 1, 2012, after increasing tensions the area. Civilians with ties to the hydroe- On November 14th, a judge decided to and ongoing conflict between the com- lectric company immediately rounded up provisionally close the case against pany and the communities, a local resi- the local leaders opposed to the dam and Esteban Bernabé Gaspar and Pascual de dent was murdered, allegedly by men handed them over to the authorities for Pascual Pedro, citing the lack of evidence linked to Hidro Santa Cruz. Angry com- arrest, claiming that they were responsi- presented by the public prosecutor's of- munity members followed the perpetra- ble for the protests as well as other fice. Both men were released, pending an tors to where they sought refuge inside a crimes. Eleven opponents to the mine appeal. Guatemalan military base. The govern- suddenly found themselves in a high- ment declared a state of siege and ar- security prison in Guatemala City The homecoming for Esteban Bernabé rested over a dozen community leaders charged with crimes ranging from armed was bittersweet. His wife and twelve chil- on frivolous charges and with no evi- robbery to terrorism. dren paused for a brief moment, as if they dence against them. couldn't believe their eyes, and then en- If these cases were tried based on the gulfed him in a sea of embraces. Esteban In December, communities continued evidence alone, the community leaders and his family wept openly --tears of joy peaceful protests against the project and would be free today. But the great unspo- and relief-- during the long-overdue reun- the mayor has provisionally suspended ken truth is that these cases are more ion. And yet the pain remained. The pain signing an agreement with the company. about politics and money than justice. of forced separation. The pain of unjust The company has invested Q50 million to Even so, cracks are finally beginning to imprisonment. The pain of a family date in the project, and hopes to begin appear in this wall of injustice. Thanks to ripped apart for half a year. construction in February of 2013. national and international campaigns of support for the political prisoners, and the Likewise, the family of Pascual felt a mix tireless efforts of their legal team, three of of emotions when they were finally able —UPDATE— the men have already regained their free- to welcome him home. The voice of As of January 9, 2013, the eight remain- dom. Dominga, one of Pascual's children, be- ing political prisoners were released and gan to break as she spoke through her the charges against them dismissed. On September 21, Marcos Mateo Miguel tears. "This was a horrible experience that

Page 5 The Guatemala Human Rights Commission/USA

Militarization in Guatemala (continued) Continued from Page 1

The Peace Accords and Past Atrocities remilitarization of Guatemala today isn’t simply about more soldiers on the streets. In1996, Otto Pérez Molina was a General It is also something much less visible –an in the Guatemalan military, and was one institutional culture disturbingly similar of their representatives at the peace nego- to the counter-insurgency model that let tiations that would put an end to the to the atrocities during the internal armed armed conflict. The Peace Accords, conflict. signed by Pérez Molina himself, empha- sized the importance of strengthening Numerous governmental agencies are civilian governance: the number of sol- now run by former military, including the diers would be vastly reduced and a new, Interior Ministry and offices within the civilian, police force would be created. National Civilian Police and intelligence The Accords stipulated that the “National services. Upwards of 40% of security- Civilian Police shall be under the direc- related positions are held by former mili- tion of the civil authorities.” In contrast, tary, including many who were directly the role of the armed forces was to involved in the counter-insurgency cam- “[defend] Guatemala’s sovereignty and paigns; some have even been named in territorial integrity; they shall have no cases before Guatemalan courts for their other functions assigned to them, and role in crimes against humanity during their participation in other fields shall be the conflict. limited to cooperative activities.” A soldier patrols in Santa Cruz Barillas during the State of Siege in May 2012. Photo: Prensa Libre Many of these policymakers, including The Accords placed limitations on the Pérez Molina himself, hail from the gen- military not just to strengthen democracy, to provide security to the Guatemalan eration of armed forces that was active but also as a response to the atrocities the public. during genocide campaigns such as Op- military had committed against its own eration Sofia; a generation that partici- In 2000, only four years after the signing people. In 1999, the UN-sponsored Com- pated in the extermination of entire vil- of the Peace Accords, a bill was passed mission for Historical Clarification lages, that used rape as a tool of war, and legalizing the military’s collaboration (CEH) established that during the 36-year justified the use of torture and brutality in with the police to combat common and internal armed conflict, 200,000 people their campaigns against civilian, mostly organized crime, as well as deforestation, were killed, mostly civilians, including an indigenous, communities. This is the gen- kidnapping, and other crimes. Reliance estimated 45,000 who were forcibly dis- eration taught to believe that anyone who appeared. The Guatemalan state (through on the military expanded again under rejected existing structures of racism, its military and paramilitary forces) was President Berger in 2006. President Co- economic dominance by a minority elite, responsible for 93% of all human rights lom (2007-2011) re-opened military and political exclusion, were bases and increased the number of troops. “subversives”, “guerrillas,” “terrorists” and “internal enemies.” The dramatic images of thousands of heavily armed soldiers in Gua- temala City are shocking and troublesome, yet the remilitarization of According to human rights groups, the Guatemala today isn’t simply about more soldiers on the streets. administration reflects this culture of dis- cipline and obedience rather than democ- ratic governance and dialogue. Any social When Pérez Molina assumed the presi- conflict that disrupts the established order violations committed during the conflict, is addressed as the military has always and had committed acts of genocide dency in January 2012, he became the first career military official to hold that dealt with perceived “threats” from its against the Mayan people. office in 25 years. He immediately called own citizens: intimidation, defamation, repression, and the use of force — some- Remilitarization on the army to collaborate in “neutral- izing illegal armed groups by means of times with deadly consequences. Neither the Peace Accords nor the CEH military power.” In September, Pérez report outlined steps to hold individual Molina inaugurated the Maya Task Force The tragic massacre in Totonicapán mo- soldiers and high-level military officials in Zone 18 of Guatemala City, with 1,200 mentarily ripped through the curtain of accountable for the egregious war crimes soldiers and 100 police. He initiated a government propaganda to expose the committed, and many remain in positions similar operation in Zone 12 in Novem- ever-present threat of violence. President of power to this very day. Internal re- ber. Pérez Molina quickly assured the public forms of military institutions were super- that his administration would no longer ficial at best, and government officials The dramatic images of thousands of deploy the military at protests and evic- have been quick to re-engage the military heavily armed soldiers in Guatemala City tions. Only hours later, however, he had with the justification that it is necessary are shocking and troublesome, yet the Continued on Page 7

Page 6 Issue #13 / December 2012

Militarization (continued) Continued from Page 6

Operation Martillo (Hammer) is the new- ences – have denounced increasing mili- est in a series of US-Guatemala joint op- tarization as a means to provide protec- erations. The operation began in early tion for the economic interests of transna- 2012 and in July, President Pérez Molina tional corporations. signed off on an expansion of the opera- tion which permitted US marines and Pérez Molina has constructed new mili- military contractors to be stationed in tary bases near existing or planned devel- Guatemala for 120 days and collaborate opment projects such as mines, cement directly on counter-narcotics missions. It factories, and hydroelectric power plants. granted US marines the right to be uni- He has also mobilized military forces – in formed, to carry weapons, and to enjoy coordination with the police and private complete diplomatic “privileges, exemp- security guards – to guarantee that tions, and immunity.” “development” projects aren’t disrupted by local protests. This occurs despite the The operation was not popular among fact that, in the majority of cases, the many in civil society. “Drug trafficking government failed to consult local com- in Guatemala shouldn’t be combated by munities about the project and actively the Guatemalan military, much less by ignores threats, attacks, intimidation and the US military,” commented analyst other illegal acts committed by persons Sandino Asturias in an interview with linked to the international corporations. GHRC. Instead, public officials have branded The daughter of one of the victims in Totonicapán holds a photo of her father. Photo: Plaza Publica Helen Mack, executive director of the those who organize against these un- Myrna Mack Foundation and former Po- wanted development projects as reversed his statement and later came out lice Reform Commissioner, commented “terrorists” and “guerrillas,” a strategy with a new protocol for the military’s to the AP at the end of August: “Rural similar to the psychological warfare tac- collaboration with the police – a protocol communities in Guatemala are fearful of tics utilized during the conflict. Dozens that did not, in fact, reduce the military’s the military being used to combat drug of community leaders have been arrested role at all. traffickers because the same techniques on trumped up charges simply for their are applied that were used in rejection of the administration’s develop- The Military and the ‘War on Drugs’ (counterinsurgency) warfare. The histori- ment policies, giving rise to a new move- cal memory is there and Guatemalans are ment in solidarity with Guatemala’s first The Guatemalan government has at- fearful of that.” generation of political prisoners. tempted to justify the military’s expanded presence due to the country’s high rates Increasing involvement of the military in The international diplomatic community of violence linked to organized crime, police work has not only re-traumatized gangs and common crime. communities and survivors of the armed Continued on Page 10 conflict, but it has also failed to reduce “The military must provide security crime and violence in Guatemala. In fact, where the police have failed,” is an easy Asturias confirms that the homicide rate sell in the context of the US war on drugs began to rise dramatically after the mili- and is an argument readily repeated by tary reengaged in matters of internal se- the US State Department. (Meanwhile, curity in 2000. Furthermore, the Guate- the much-needed reform of Guatemala’s malan military has documented ties to police force languishes without the re- drug trafficking organizations and other IMAGE sources or political support to move for- criminal structures. ward.) What is remilitarization really about? The Department of Defense and US Drug Enforcement Agency (DEA) have pro- Why involve the military in internal secu- vided ongoing support and training to the rity if, after 12 years, there have been few Guatemalan Armed Forces. This collabo- results? ration persists despite a decades-long Congressional ban on direct funding to Perhaps the security of Guatemalan citi- the army due to the atrocities committed zens isn’t the primary concern after all. by the Guatemalan military against its own people, and the lack of reform within In fact, researchers, human rights organi- zations and indigenous communities – the institution. through their own analysis and experi- US Marine trains with Guatemala Special Forces known as Kaibiles. Photo: Cpl. Daniel Negrete

Page 7 The Guatemala Human Rights Commission/USA

Non-Violent Resistance to Gold Mine Holds Strong...

Residents of San Jose del Golfo and San The El Tambor Mine La Puya Pedro Ayampuc, about an hour north of Guatemala City, have been steadfast in The mining project, first owned by Cana- After Radius Gold acquired the land, al- their rejection of a gold mine in the re- dian company Radius Gold and later sold most a decade passed while experts tested gion. They are concerned about the to US Engineering firm Kappes, Cassiday different locations for gold—all without mine’s health, social, and environmental & Associates, has received a dozen min- the communities’ knowledge. Residents impacts which will last for generations to ing licenses for exploration and extrac- noticed strangers coming and going, come; so much so that one woman’s tion covering an area of 20 square kilo- sometimes loading rocks and soil into spontaneous act of civil disobedience meters. The company expects to process pickup trucks, but didn’t think much of it. quickly grew into a community-based, approximately 150 tons of material per When they discovered – through a news- peaceful resistance movement. Men, day from at least three separate extraction paper article in 2010 – that it was a min- women and children, in shifts, have spent sites, using both open pit and tunnel min- ing operation that would affect thousands 24 hours a day, 7 days a week, for over ing. The Government’s National Director of families, many were outraged. Resi- 10 months, blocking the entrance to the of Mines who approved the mining li- dents attempted to get information from proposed mine. censes, Selvin Morales, left his govern- different government agencies, but were

Left: Yolanda Oqueli negotiates with the Interior Ministry during a tense confrontation. Center: Hundreds of police with riot gear prepare to evict the blockade of the mine. Right: A community member shows the press a tear gas canister used against the peaceful protestors. Photos: GHRC.

The Communities in Resistance maintain ment job in 2010 and is now the General given the run-around (and in some cases that the government has not complied Manager of KCA’s Guatemalan subsidi- directly lied to) about the status and par- with legal obligations to consult with ary, EXMINGUA. ticulars of the mining project. communities about projects that would affect them. Residents weren’t given the In an already dry region, where families On March 1, 2011, Estela Reyes had opportunity to read and submit comments sometimes only have access to fresh wa- enough of the mining vehicles; she on the mining company’s environmental ter twice a week, the mine would use 155 parked her car in their path and refused to impact assessment. A series of attacks cubic meters of water per day -- approxi- move. The next day, Estela was joined by against community leaders – some with mately equivalent to the amount one fam- more community members, who placed deadly intent –have not been fully inves- ily would use in a year. The company’s themselves in front of the gated entrance tigated. own environmental impact assessment to the mine. It was the beginning of the recognizes that air quality would be af- Communities in Resistance, or the Despite the risks, residents have remained fected, as well as flora, fauna, top soil, “Puya”, as the human blockade has come remarkably resilient, continuing to put and the available quantity of water. to be known. their lives on the line to protect their en- vironment. Those that participate, how- While the company has committed to Organized by the National Front of the ever, are clear that their resistance is non- extract the gold using a technique called Metropolitan Area (FRENAM), the com- violent. “If any blood flows here,” says “flotation” - rather than a process using munity members settled into their shifts, community leader Tono Reyes, “it will be cyanide –it is unclear where the company and the roadblock became part of the ours. We are committed to peace.” plans to treat or dispose of chemical routine. Some donated food, others vol- “tailings” and what impact this will have unteered their time cooking; some came on the local water and soil. for 12 hours at a time, others stopped by A version of this story originally appeared in after work. Over time, more tents ap- Waging Nonviolence, at wagingnonvio- lence.org Continued on Page 9

Page 8 Issue #13 / December 2012

...after 10 Straight Months peared and an increasing number of soli- Yolanda Oquelí spoke last, rising to ad- national and international organizations, darity banners were hung, creating a dress the crowd. “I stand to symbolize failed. sense of enclosure and permanency at the that I am and will go forward on my feet. small encampment by the side of a dirt What scares the people of the [mining] This pattern repeated almost daily for road. Over the last 10 months, the com- company is the peaceful nature of our three weeks, with escalating insults and munities have received numerous delega- struggle.” When the floor was opened to threats of violence hurled at the peaceful tions, including three with GHRC, as well public comments, an indigenous woman protestors. Then, at 6am on December 7, as other national and international soli- declared, “The indigenous in Guatemala the government declared they were evict- darity visits. They have held concerts at the roadblock, hosted speakers, and held “If any blood flows here, it will be ours. We are committed to press conferences. peace.” -Community leader Tono Reyes A Movement Under Siege have lived through two genocides. We ing the Puya. (A legal eviction order has As early as mid 2011, those that stood out won’t let the attack on Yoli stop us in our yet to appear.) Anti-riot police arrived at as community leaders began to receive struggle.” the roadblock and began tearing down the threats – telephone threats, intimidating banners and other installations and spray- comments; one man came home to find Tensions came to a head in November as ing tear gas. They also arrested at least 5 his fish poisoned, another his chickens. the mining license reached its 1-year people (who were later released) for al- These threats were reported to the au- birthday, with no actual mine to show for legedly obstructing the road, a charge thorities, but the government did nothing. it. At around 10am on November 13, ap- disputed by the protestors. proximately 80 people from San Jose del Then on May 8, 2012 at 1am, those on Golfo and surrounding municipalities The peaceful protesters held their ground. the night shift at the Puya saw a mass of wearing EXMINGUA hard hats and They lay down on the unpaved street with vehicles approaching in the darkness. An shirts – and rumored to have been offered cloth masks covering their faces, and estimated 300 riot police in 50 trucks money to participate – tried to force their sang hymns to give themselves courage. accompanied mining vehicles and heavy way in to the mine. By the end of the day, a tenuous agree- machinery. Residents acted quickly, call- ment had been reached: 8 police would ing friends and family, who descended on As news spread about the confrontation, remain at the gate to the mine with the the blockade. The local priest, not known the number of those in peaceful resistance protestors, and the government would for his activism, rang the church bell. The to the mine grew to an estimated 500 initiate a formal dialogue process the resistance had awoken and hundreds people. About 16 members of the Na- following week. As this publication goes stood silently in front of the police and tional Civil Police were also on the scene, to print, no dialogue has begun…and the machinery, denying them passage. Their but held their distance. Attempts at dia- police apparently decided to go home for plan foiled, the police and mining vehi- logue facilitated by representatives of Christmas. cles ultimately turned around. Presidential Commission for Human Rights (COPREDEH) and the Human International Solidarity Peace didn’t last long, however. On June Rights Ombudsman (PDH), as well as 13, Yolanda Oqueli was shot in the back The non-violent community resistance in after leaving her shift at the Puya. She San Jose and San Pedro is somewhat un- survived, but continues to experience precedented, both in its longevity and its pain from the bullet that remains lodged success. And while the residents them- in near her spine. The attack has still not selves have built the movement from the been fully investigated, and no one has ground up, they have been grateful for the been held accountable. solidarity of the international community, which has stood with them throughout Guatemalan organizations did what they their time at the Puya. could to provide solidarity. On November 7, GHRC partners Madre Selva and GHRC has been particularly dedicated to UDEFEGUA held a forum in San Jose the cause and has provided support del Golfo on “Our right to defend our through advocacy and by raising aware- territory and natural resources.” GHRC ness in the US. An ongoing postcard and staff was present and took the opportunity email campaign has resulted in hundreds to present solidarity banners to the com- of messages to Kappes, Cassiday & As- munities, including an enlarged replica of sociates, asking for the company to re- the Alice Zachmann Human Rights De- spect the rule of law and to listen to com- fenders Award presented in DC in Sep- Community members at the Puya hold the GHRC munity demands. Online urgent actions at solidarity banner while a group associated with tember, to hang at the roadblock. mining company shouts threats. Photo: GHRC. Continued on Page 13

Page 9 The Guatemala Human Rights Commission/USA Militarization (Cont.) GHRC responds to massacre in Totonicapán Continued from Page 7 has been just as willing as the Pérez The tragic events in Totonicapán on Octo- Molina administration to overlook commit- ber 4th which left six dead and over 30 ments laid out in the 1996 Peace Accords – injured, led to solidarity actions across partially implemented at best – in favor of Guatemala and in the international com- political and economic ties that promote munity. GHRC swiftly released a press release condemning the massacre and urg- investment, trade and “stability.” ing the government to thoroughly investi- Finally, for an entire generation of military gate, to take steps to remove the military officials and their civilian allies, the remili- from security operations, and seek effec- tarization of public institutions is not just tive dialogue processes with indigenous about maintaining control, but about ensur- communities. GHRC’s online petition in ing impunity. support of the protestors gathered a record 10,000 signatures and was delivered to the As Guatemalan courts at long last – and office of the President and the Interior The authorities of the 48 Cantones of Totonicapán Ministry in December. greet a caravan of solidarity. Photo: Marcha, against all odds – move forward with in- Indigena, Campesina y Popular dictments against the military high com- mand from the 1980s, accountability and The events on the 4th, however, continue incarceration for war crimes is suddenly a to be a chilling reminder of what militari- reports easily debunked the claim. Next, concrete possibility. The threat of judicial zation and repression can look like in Gua- the administration claimed the soldiers had action has resulted in a policy of denial of temala. only fired into the air. Finally, they settled the military’s involvement in war crimes on the argument that they had fired at the and genocide, even as exhumations and Early that morning, nearly 15,000 Mayan protestors, but purely in self-defense. court cases add to voluminous evidence protesters gathered to block five key tran- against the military. sit points. Organized by the 48 Cantones To their immense credit, the Public Prose- of Totonicapán they were protesting ex- cutor’s Office completed a swift investiga- Meanwhile, Pérez Molina has methodically cessive electricity rates, changes to the tion leading to the arrest of 8 soldiers and dismantled public institutions that worked professional teacher training requirements, Colonel Chiroy, who were charged with to promote human rights, historical clarifi- and proposed constitutional reforms. At extrajudicial execution. According to At- cation and justice. The administration has the same time, community leaders waited torney General, Claudia Paz y Paz they also attempted to limit or dismiss its re- to meet with President Otto Pérez Molina “hold Colonel Chiroy Sal principally re- gional and international human rights obli- in the capital to carry forward a dialogue sponsible for the acts because he had a gations by challenging the jurisdiction of process. position of command over the actions of the Inter-American Court. his troops, but he abandoned them.” The National Civilian Police and the Mili- Emboldened by the administration’s fierce tary were sent to disband the protest and The arrest of the soldiers was an important pro-military stance, retired members of the restore the flow of traffic. Despite the Inte- departure from a long history of impunity military and other ultraconservative and rior Minister’s order to maintain distance, enjoyed by Guatemala’s armed forces. fanatically nationalistic groups have a military contingent of 89 soldiers under Guatemalan communities and organiza- launched their own campaigns in the press the command of Colonel Juan Chiroy Sal tions showed overwhelming support for and social media, sending direct, and very advanced at the Cumbre de Alaska and the 48 Cantones, and several groups, in- public, threats to those who seek justice confronted the protestors. The Colonel cluding students and labor organizations, and defend human rights. then allegedly left the scene, leaving the held demonstrations. Some even called for troops without a commander or an escape the removal of immunity for President As Guatemala spirals back into a reality route. According to preliminary investiga- Peréz Molina and Minister of Defense frighteningly reminiscent of the 1980s, tions, eight soldiers fired their weapons Ulises Anzueto, as well as the resignation those who have become the intentional or into the crowd. Along with the six dead of Interior Minister, Lopez Bonilla and collateral victims of remilitarization find and dozens of injured protestors, thirteen Minister of Foreign Affairs Harold Cabal- themselves with little support from state soldiers also reported injuries. leros. institutions. Nevertheless, indigenous com- munities, activists and other civil society The government made attempts to cover While no momentum developed to pursue organizations –despite fear of repression or up the troops’ actions. The week following such high-level dismissals, the diplomatic retaliation –continue to denounce remilita- the massacre, the administration released a community did apply some pressure on the rization in all its forms. They recognize serious of illogical –and sometimes bla- government to rein in the military, albeit that the way forward for Guatemala is not tantly false – explanations for the vio- with little success. The overwhelming in- to be found by returning to the nefarious lence. Initial reports denied the military’s ternational grassroots response, however, practices of the past. responsibility, claiming that the soldiers clearly demonstrates that Guatemalans are were, in fact, unarmed. These reports were not alone in their struggle for justice and soon retracted after pictures and ballistics freedom of expression.

Page 10 Issue #13 / December 2012 Guatemala’s ‘High Risk Courts’ Tackle Impunity By Kathryn Johnson Despite the extra resources af-

There was a time in Guatemala’s forded to the High Risk Courts, recent history when judges covered we hear complaints that too their faces during hearings to hide little was spent on security for their identity and protect them from the judges. They are offered extortion or revenge. security if they want it, but the armored cars and escort are Now, the courtrooms for Guate- only available to go to and from mala’s most emblematic – and dan- work, leaving them either ex- gerous - cases are perched on the top posed to danger if they do any- floors of ‘Tribunal Tower’ with thing else (like go to the gro- sweeping views of the city below. cery store) or prisoners in their Judges preside with their faces un- homes. They also don’t get to covered and their identities known. choose who provides their pro- The change was not because they no tection. With corruption ram- pant in the police and many of longer face danger. In fact, many Former Police Chief Pedro Garcia Arredondo was sentenced by the the accused in the cases they’re have reported serious death threats. High Risk Court to 70 years in prison for the forced disappearance of a But it is one sign of success of the university student in 1981. Photo: Prensa Libre hearing former military offi- new ‘High Risk’ Courts. cers, it is understandably diffi- the Plan de Sanchez and Dos Erres Mas- cult for some of the judges to trust the GHRC staff was invited to tour Guate- sacres as well as cases against members police or soldiers assigned to them. mala’s High Risk Tribunal to see the of the Zetas and other notorious criminal courts and judges in action. groups. Beyond the physical danger they face, we heard concerns that the judges also risk The first hearing we sat in on involved To ensure that we had no illusions about the premature death of their career. They two men accused of murder. Guatemala the state of Guatemala’s justice system, were chosen for their skill, their integrity, criminal cases are decided by either a our escorts invited us to observe a few and their dedication to the rule of law. judge or a panel of judges, instead of a other courts as well. The contrast be- However, they are only appointed for five jury. As we watched, the President of the tween the courts was striking. While years. By upholding the rule of law, they Tribunal, seated on a dais in the front of much of the funding for the high risk often find themselves ruling against the the room with two other judges, ran the courts has come from donations, includ- shadowy powers which still control Gua- court, calling the witnesses, swearing ing a grant from USAID, it became obvi- temala’s economic, social and political them in and asking questions as the de- ous as we descended floor by floor that systems. Some fear they might even be fense and prosecuting attorneys largely other courts hadn’t received the same forced into exile after their term. sat by. The defendants were present, but attention. locked in a cage which ran along one The High Risk Courts have heard the We were shown one of the courtrooms most important and impactful cases, those wall. which often has to accommodate cases for the massacres of the past and atroci- Despite the tight security, or perhaps be- with several defendants. Due to lack of ties of the present. Their achievements cause of it, there was not an air of danger space, the judge explained, they have suggest they should be expanded, both in in the courtroom, but one instead of or- been forced to have the defendants only the capital and across the country. Yet derly and ordinary proceedings. The sec- present by video conference, cut off from they remain fragile and face constant ond hearing we ducked into had over 40 their attorneys and left as only spectators political pressure. The current administra- defendants. Though the courtroom was in the process against them. tion is trying to cap – not expand – fund- large, it was packed with people, includ- Similarly, in the Court of First Instance, ing for the judiciary. Unfortunately, the ing the accused in their cage, a defense we briefly sat in on a hearing taking place US has stopped funding the High Risk attorney and police escort for each of in the judge’s office. The defendant, his Court. In addition, US officials, while them, as well as friends, family, and the lawyer, his family, and the prosecuting they have rightfully heaped praise on the press. attorney were practically sitting on top of Attorney General, they have largely each other in the crowded space. There fallen silent about the courts, whose work The High Risk Courts were created in was nowhere else to hold the hearing, is equally important. 2009 and have the authority to hear they explained. criminal cases which pose a serious risk The High Risk Courts prove that dedi- to the prosecutor, the defense attorney, In the tribunal which hears appeals for cated judges, and a system that supports the defendant, the judges or anyone else both the High Risk Court and Guate- them, can break the barriers of impunity involved in the case. It is in these courts mala’s version of civil forfeiture, the jus- and corruption. Watching these courts in that Guatemala’s highest profile cases are tices and their staff hadn’t been given action, we saw hope for justice in Guate- argued, including the Genocide Case and computers. They had to borrow cast-off mala. equipment from other courts.

Page 11 The Guatemala Human Rights Commission/USA New Voiceless Speak Fund Recipients Raise Awareness Across US GHRC congratulates this year´s national Day of the Disappeared. Learn views through the internet, television, and winners of the Voiceless Speak more at http://www.pixanixim.org/. radio and present at universities, Grant. Since 1987, the Fund has churches, and to community groups. In Jhonathan Goméz, his presentations, Marvyn will educate supported Guatemalans with per- DESGUA audiences about human rights violations, sonal knowledge of human rights social movements, and denounce the par- violations in Guatemala who raise Jhonathan Gomez will use the Voiceless ticipation of the Guatemalan government awareness among people in the Speak Fund to help develop and imple- in repression. He also hopes to find new ment a bi-national new media, social me- alliances and support for Guatemala. United States and organize in their dia, and communications program in col- own communities. laboration with Desarollo Sostenible para Adriana Portillo-Bartow,

Guatemala (DESGUA). The program will Where are the Children/ADEN Heidi Rodriguez, create an online communications network Justice for My Sister Collective that will serve as a source of information Adriana Portillo Bartow will continue her about human rights work related to mi- work to educate the public about the hu- Heidi Rodriguez, is a member of the Jus- gration, culture, identity and socio- man rights situation in Guatemala. This tice for My Sister Collective. In the com- political issues that affect the Guatemalan coming year, that will include presenta- ing year, she will be coordinating over 30 community in the US and Guatemala. tions and maintenance of the Donde community screenings of the film Justice Members will be able to contribute rele- Están los Niños y las Niñas/Where are for My Sister, and providing violence vant content to the website. Jhonathan the Children (ADEN/WATCH) social prevention workshops for undocumented will also will host educational delegations media pages. ADEN is run by relatives of Guatemalan immigrants in Los Angeles, in Guatemala with DESGUA to highlight disappeared children, and investigates New York, Washington, DC, and Denver. the importance of building relationships and locates children who were disap- The Collective will also launch a text of solidarity to promote and defend hu- peared during the war in order to reunite messaging service to provide victims man rights. Learn more at http:// them with their biological families. Adri- with information about services available www.desgua.org/. ana’s presentations to students, women, and advice to combat violence. Learn and members of Congress will emphasize more at http://justiceformysister.com/. Juana Garcia, the remilitarization of Guatemala as well Worker’s Community Center as recent human rights violations by link- Juana Marcos, ing them to those of the past. Maya Pixan Ixim Juana Garcia serves on the governing board of the Worker’s Community Center Dominga Sic, Survivor Juana Marcos serves as Volunteer Execu- (Centro Comunitario de Trabajadores) in tive Director for Maya Pixan Ixim: Rein- New Bedford, MA. She plans to hold Dominga Sic is the sole survivor of her forcing our Roots, Living our Maya Heri- presentations and workshops for undocu- family after the 1982 Rio Negro massa- tage. She has worked with various com- mented Guatemalans on a variety of is- cres. She plans to continue her work to munities since fleeing persecution in sues such as career guidance, labor law, education and promote of human rights Guatemala in 1993. This year, Juana will community organization/leadership, awareness through the documentary, hold a series of public speaking events health, and safety. In addition, she will “Discovering Dominga,” and her own entitled, “The Voiceless Speak: History educate Guatemalan women in the US personal testimony. This year, she will of Human Rights Violations in Guate- about discrimination and their rights as travel to Guatemala to promote increased mala.” Once a month, Juana will teach immigrants. awareness and education within the mas- the Association of Maya Students about sacre resettlement areas of Pacux, the history of human rights violations in Marvyn Pérez, Survivor Rabinal and Rio Negro. Guatemala then facilitate presentations that the members of the Association of Marvyn Pérez fled to the United States Interested in applying for funding? Check Mayan Students will hold for their peers. with his family following his abduction out GHRC’s website, www.ghrc-usa.org, In addition, in August of 2013, Juana will and torture in Guatemala in the 1980s. In for information about the grant and the hold an event commemorating the Inter- the coming year, Marvyn will give inter- application deadline.

Volunteer or Intern with GHRC!

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 12 Issue #13 / December 2012

San Jose Resists (continued) Continued from Page 9 key moments resulted in over 1000 shop later that day, given with emails to the Guatemalan government GHRC’s Kathryn Johnson, her demanding that they find a peaceful solu- description of the attack tion to the conflict. GHRC staff also com- against her and the devastating municated frequently with the US State impact it has had on her and Department and Embassy, seeking diplo- her family left the audience matic support for dialogue. first in tears, and then on its feet with a standing ovation. In the midst of the November confronta- tions, GHRC invited Yolanda Oquelí to The Power of Peace speak at the SOA Watch Vigil to close While communities across the School of the Americas (SOA). The Guatemala resist similar pro- SOA is a combat training school for Latin jects – gold mines, nickel American soldiers, located at Fort Ben- Yoland Oqueli and husband Cesar del Cid march tomourn victims of mines, hydroelectric dams, ning, Georgia; current Guatemalan presi- the School of the Americas in Ft. Benning, GA Photo: Luis Cruz among others – few have so dent Otto Pérez Molina is an SOA gradu- successfully halted a project in its tracks. ate. force entry to the mine? Furthermore, the communities continue “Each day our movements continue to to demand that the government investi- While everyone prepares – and waits – grow,” she said, addressing thousands of gate the violations committed against for some kind of meaningful dialogue to solidarity activists from the main stage. them. Who was behind the attack on begin, one thing is for certain, these com- “I'm going to return to my country and be Yolanda? Why haven't those responsible munities are in it for the long haul. And able to say that there are many more peo- been brought to justice? Who ordered the we’ll be right there with them, supporting ple than we thought who stand with us May 8th midnight convoy of mining ve- their right to protest to protect their envi- and are fighting for justice.” At her work- hicles and riot police, which attempted to ronment for future generations.

GHRC commemorates its 30th Anniversary with a celebration dinner and award ceremony

ity and a bold approach national mine nearby their communities. to advocacy, principles that place GHRC at the Two community representatives, Alvaro forefront of the struggle Sandoval Palencia and Antonio “Tono” for human rights in Reyes, were present at our event to re- Guatemala. ceive the 2012 Alice Zachmann Human Rights Defenders Award on behalf of For three decades, we their communities. The following week, have contributed to GHRC accompanied Alvaro and Tono as positive, systemic they met with eight U.S. congressional change: denouncing offices, the U.S. State Department, the torture, forced disap- Embassy of Guatemala, and various part- pearances, massacres, ner organizations to build support for and US involvement in their ongoing struggle. these atrocities; moni- A special thanks to our volunteers! GHRC Founder Sister Alice Zachmann presents Human Rights Defenders toring the implementa- Award. Photo: Janet Hernandez tion of the Peace Ac- cords; and addressing Many thanks to all those who sup- patterns of abuses such as violence ported GHRC as we celebrated our against women and attacks against human 30th anniversary. The evening was a rights defenders. great success! Over 150 people joined us for the dinner, and our supporters’ gener- In fact, at our anniversary celebration, osity has ensured that GHRC’s work will GHRC recognized the achievements of continue to grow and evolve. some of these human rights defenders. The communities of San Jose del Golfo Since its founding in 1982 by Sister Alice and San Pedro Ayampuc have together Zachmann, GHRC’s work has been organized in non-violent resistance Guests enjoyed the wonderful music of traditional guided by a deep commitment to solidar- against the installation of a harmful trans- folk band, Tierra Morena. Photo: Janet Hernandez

Page 13 The Guatemala Human Rights Commission/USA Human Rights UPDATE

November 20: Allegations of assaults against women grow in MILITARIZATION number In Guatemala, few of the perpetrators of domestic violence go to August 23: Indigenous communities reject new group of trial and even fewer are sentenced. The summary prepared by the Constitutional reforms Office of the High Commissioner of the UN Human Rights for The Mayan Coordination Committee denounced the constitu- this year reads: "Despite the adoption of the Law against Femi- tional reforms presented by President Pérez Molina, as inciting cide, the number of women killed continues to increase, and Gua- racism and institutionalizing militarization in Guatemala as well temala continues to fail to prosecute such crimes." as failing to recognize as official or establish greater indigenous representation in government. ACCESS TO LAND AND NATURAL RESOURCES August 30: More than 400 Guatemalan and American sol- diers join anti-drug operation A US military contingent joined with the Guatemala military in an operation as a part of Operation Martillo, which began in January to stop drug trafficking along the Central American coast. The US military withdrew on Oct. 14 claiming success.

September 20: Guatemala Government and mining company attack community in San Rafael Las Flores The repression of the nonviolent protest in San Rafael Las Flo- res has raised concerns about the military’s expanded role. Wit- nesses claim that while peacefully protest community members were attacked by private security guards and national police forces with rubber bullets and tear gas; soldiers were present as well. 30 community members were detained. Protest against mining in Guatemala. Photo: mimundo.org September 25: Indigenous groups demand a decision in uncon- October 4: Six protestors killed in Totonicapán stitutionality claim against mining law A peaceful protest carried out by indigenous communities in the Members of the Council of Western Peoples came together at the highlands of Guatemala was met with deadly force by members gates of the Constitutional Court to demand a ruling in the case of the Guatemalan Military, leaving 6 dead and over 30 people against the mining law filed in May of 2012. The communities wounded. Initially, President Pérez Molina falsely claimed that filed a claim of unconstitutionality before the Court stating that the soldiers were unarmed, but later acknowledged that govern- the mining law had been passed without the consultation and con- ment forces opened fire during the protest. On Oct. 11, 9 sol- sent of the indigenous communities it would affect, and that it diers were arrested for the murders and charged with extrajudi- denied the right of indigenous peoples to free, prior, and in- cial killing. formed consent established in the 169th Convention of the ILO.

October 31: Guatemala seeks answers in Texas’ fatal shoot- October 24: Communities continue to reject Xalalá dam pro- ing of migrants ject Guatemalan officials to demand answers about the use of deadly The government announced that they would reopen the bidding force against migrants, claiming that even drug smugglers are process for the construction of the Xalalá dam in the Ixcan region not usually pursued in this manner. On Oct. 25, a trooper from of Guatemala with bids due in February of 2013. Communities in the Texas Department of Public Safety fired from a helicopter at the surrounding area, some of which would be flooded out by the a truck carrying 11 Guatemalan undocumented immigrants, kill- proposed dam, have overwhelmingly rejected the project in a ing 2. The troopers involved suspected the truck was carrying series of community consultations and continue to organize to drugs when it sped off after hearing sirens. oppose the construction.

WOMEN’S RIGHTS November 27: Victims of mining repression travel to Canada to seek justice A delegation from Guatemala travelled to Canada late November August 13: Judicial Branch inaugurates special tribunal on to give their testimony in three civil lawsuits against HudBay femicide Minerals. In 2007, security guards for the mining company com- The President of the Supreme Court of Justice, inaugurated both a mitted severe human rights violations near the mining project, court of first instance and a trial court in Alta Verapaz designated including the gang rape of eleven Qeqchi women, the murder of especially for cases of femicide. The inauguration of the courts community leader Adolfo Ich, and the shooting of German Chub. follows Agreement 12-2012, signed in March of this year, which The cases are to be heard by the Toronto Superior Court. approved their creation.

Page 14 Issue #13 / December 2012 Human Rights UPDATE

Negro community and the kidnapping of 17 more, as well as TRUTH, JUSTICE & HISTORICAL MEMORY rape.

November 20: The IACHR finds Guatemala guilty of forced A young girl disappearance mourns those The IACHR condemned the government of Guatemala for the killed in the Dos forced disappearance of 28 people in the 1980s in the Military Erres massacre. Diary Case. The Court ordered Guatemala to set up a fund of $8 Photo: GHRC million to compensate the families of the victims.

December 28: Perez Molina attempts to limit jurisdiction of the IACHR With Executive Order 370-2012 the government announced that it would not recognize the jurisdiction of the IACHR for human September 24: Members of the military appear in court for rights violations which occurred before March 9, 1987. Human abuse of indigenous women during the 1980s rights groups, including Guatemala’s Human Rights Ombuds- A national court in Guatemala has taken on the case of 15 in- man denounced the move, and on January 14 the President back- digenous women who were victims of sexual slavery for four tracked, and canceled the order. years. 37 members of the military have been accused of sexually abusing the women from 1982 to 1986 in a military outpost in Guatemala’s northeast. This is the first time that a national court IMPUNITY & CRIMINALIZATION has tried this type of case, as previous cases have only been tried by international tribunals. July 25: Repression continues in Santa Cruz Barillas September 24: Accused of Dos Erres massacre extradited to A Court in Santa Eulalia reported that arrest warrants exist for the US another 33 people in Santa Cruz Barillas, following the 12 arrests Jorge Sosa, a former Guatemalan army commando accused of made during the State of Siege in May. The accused are activists taking part in the 1982 massacre of over 200 villagers, was ex- and leaders within the community. However, on Sept. 25, the tradited to the US to face immigration fraud charges. The One of Court annulled the arrest warrants against 10 of the 33 accused, two survivors of the massacre, Casteneda, assisted prosecutors due to a lack of evidence. in the case against Sosa and other members of a Guatemalan special forces unit known as the “Kaibiles” accused of taking December 13: Prosecutor’s Office announces advances in the part in the massacre at Dos Erres. fight against impunity In her second annual report, the Attorney General Claudia Paz y October 20: IACHR condemns Guatemala for massacre in Paz affirmed that impunity in cases of crimes against life has Rio Negro between 1980 and 1982 been reduced from 95% in 2009 to 72% in 2012. “We are headed The Inter-American Court on Human Rights (IACHR) has con- in the right direction because of the growth of criminal investiga- demned the State of Guatemala for five massacres in the com- tion, but there is still 70% rate of impunity,” she added. Among munities of Rio Negro, Baja Verapaz, by members of the mili- the successes achieved during 2012, she mentioned the disman- tary and Civil Self-Defense Patrols (PAC) between 1980 and tling of 12 structures dedicated to kidnapping, the detention of 1982. The Court has moreover determined that the State is re- 106 delinquents, including 22 for extortions. Of the 232 people sponsible for the forced disappearance of 17 members of the Rio captured, the majority were gang members, she said.

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