Guatemala Human Rights Commission/USA Vol 18 No 7/April 21 , 2006

FUNDAMENTAL VIOLATIONS Barrera stated that the act was not simply com- mon crime, as most of the computer equipment in Leaders Murdered in Izabal and Quetzaltenango the office was destroyed rather than stolen. The in- The Secretary of Youth for the Patriot Party in Iza- truders destroyed Barrera's equipment specifically, bal, Christian Humberto Gómez Sánchez, was shot which held information on the most important cases to death by men driving past his home on Sunday, that the PDH is currently investigating. In addition, April 9. According to the police report, Gómez Barrera's office was left in complete disarray, sug- Sánchez was with friends when he was murdered. gesting that the perpetrators were looking for docu- The previous week, his sister had been abducted. ments pertaining to specific cases. According to She was later released, reportedly after her captors Barrera, in order to fake an ordinary robbery the in- demanded that her brother leave the . truders also stole six fans, a camera, a video cam- According to Congresswoman Anabella de León, of era, two fax machines, and numerous books. Two the Patriot Party, he did not obey this order. additional computers were left in the hallway. Congresswoman Nineth Montenegro, of En- The same regional PDH office was broken into cuentro por , announced that the coordi- about one year ago, at which time the perpetrators nator for the party in Coatepeque, Quetzaltenango, stole the department representative's computer. Eleazar Tebalán, was also murdered in a separate incident. CUSG Headquarters Broken Into The recent murders of four politically active The headquarters of the Confederation of Guatema- persons have raised fears of an early escalation of lan Trade Unions (CUSG) was broken into on April election-related violence. In addition to Tebalán 7 by unidentified individuals. Only the computers and Gómez Sánchez, Rodolfo Vielman, a Patriot holding information on a number of other trade un- Party advisor, was shot and killed on March 29, and ion organizations were stolen. Authorities pre- Congressman Mario Pivaral, of the National Unity sented the charges to the Public Prosecutor's Office of Hope (UNE), was murdered on April 6 outside (MP) and they are awaiting the advancement of the party headquarters in Guatemala City (see UP- investigation to identify those responsible for the DATE Vol 18 No 6). crime.

PDH Office in Izabal Raided WOMEN’S RIGHTS The headquarters of the Human Rights Procurator's Office (PDH) in Izabal was broken into and bur- EU Holds Hearings on Femicide glarized on the night of April 15 in what has been On April 19, the European Parliament held a public named an act of intimidation against PDH person- hearing on femicide in Mexico and Guatemala. nel in response to their work to promote human The hearing was organized by the Sub-Commission rights, stated Waldemar Barrera, department repre- on Human Rights and the Commission for sentative. The Izabal PDH investigates acts of vio- Women's Rights and Gender Equity of the Euro- lence and extrajudicial executions, the majority of pean Parliament. A number of civil society organi- which are linked to security forces, according to zations from Central America have been requesting Barrera. the involvement of the international community

3321 12th Street NE Washington DC 20017 Tel - 202-529-6599 Fax - 202-526-4611 www.ghrc-usa.org [email protected] and, in particular, of the European Union on this Supporters of the family planning law often issue. cite the Constitution, which states that men and Those attending the hearing will include Alba women have the right to decide freely how many Estela Maldonado Guevara, a member of the Gua- children to have and when to have them. Church temalan National Revolutionary Union (URNG), leaders have presented some of the most vocal op- who was involved in the publication of, position to the legislation. "Femicides in Guatemala, Crimes against Human- ity." The Guatemalan Minster of Women's Issues, CHILDREN’S RIGHTS Maria Gabriela Nunez Pérez, and the president of the Special Commission of the Mexican Parlia- Violence against Children and Youth Rises ment, Marcela Lagarde had also planned to attend, Violence against children and youth has continued along with María Guadelupe Marfín Otero, the to escalate along with generalized violence in Gua- Federal Commissioner for the Prevention and temala. A recent report by the Legislative Com- Eradication of Violence against Women in Ciudad mission on Women, "Analysis of Femicide in Gua- Juárez, Chihuahua. The United Nations Special temala," expressed concern regarding the number Rapporteur on Violence Against Women, Yakin of children and youth living in violent situations Erturk, and the Coordinator of the Mexican Com- and/or murdered in a violent manner. So far this mission for the Defense and Promotion of Human year, 181 murders of people under eighteen years Rights, María del Mar Monroy García, were also of age had been registered at the time of publica- among the participants hoping for a response from tion. The National Civil Police (PNC) and the the EU. Public Prosecutor's Office (MP) have registered According to various estimates, more than four twenty-five victims ages six to ten; forty-two vic- hundred women have been killed in the last decade tims ages eleven to fifteen; and seventy-three vic- in Ciudad Juárez and other parts of the Mexican tims ages sixteen to seventeen. state of Chihuahua, which borders Texas and New The report cited a number of cases of particular Mexico, and disappearances number around 4,000. concern, including the attack on three children In Guatemala, some 2,800 women have been vio- from the Jean Piaget School in Mixco, which lently murdered since the year 2000, according to caused the death of eleven-year-old Gaudi Rebeca the Human Rights Procurator's Office (PDH). Escobar. The report also noted the death of thir- teen-year-old Josué Haroldo Ramírez, who was Family Planning Law Held Up in Court shot in the head. His body was later found on San The controversial Family Planning Law has been Isidro finca (farm). held up in the Constitutional Court (CC) in Guate- Members of the commission said that these mala. The magistrates have said they plan to crimes should be rejected by society, but instead transfer the appeal to their replacements on the they are often minimized by the number of mur- court, which will further delay the process. ders portrayed as gang-related violence in the Representative Nineth Montenegro, president press. of the Legislative Commission on Women, said Among the causes of this increase in youth that the attitude of the judges reflects the prevail- violence, the report listed the disintegration of ing discrimination against women in Guatemala family, paternal irresponsibility, increasingly ag- and the process itself demonstrates the exclusion gressive youth behavior, and the early use of drugs experienced by the female sector in the country. If and alcohol. Other factors noted in the research the CC fails to pass a resolution, Montenegro said are the increase in child abuse, lack of access to the possibility of filing a discrimination complaint formal education, lack of recourse for labor against the court would be explored. Montenegro abuses, and the absence of a responsible state au- said that the Congressional Commissions on thority. Women and Human Rights would support the women's movement and request that the CC pass a resolution as quickly as possible.

April 21, 2006 UPDATE– page 2 Vol 18 No 7 Minors Used in Drug Trafficking Others have called for a boycott of US products on Organizations like Casa Alianza continue their this day as a means of demanding a more compre- work to raise awareness about the exploitation of hensive and humane US immigration policy. Or- minors in drug trafficking operations. The minors ganizers hope that these actions will demonstrate involved are principally young migrant boys and the impact of migrant labor and Latin American girls who are forced to transport packets of drugs markets on the US economy. to the United States or forced to serve as lookouts Social organizations in Guatemala and Mexico or messengers. Some children are also held in cus- have already declared their support for the meas- tody while their mothers sell drugs. ures. The General Confederation of Guatemalan In a report published in Prensa , Arturo Workers (CGTG) to participate in the boycott, as Echeverría, director of Casa Alianza, said that in well as organize a protest in front of the US em- spite of the fact that they have filed numerous bassy in Guatemala on that day. In Mexico, some complaints with the National Civil Police (PNC), unions, political groups, community associations, informing them of minors that need to be rescued journalists, and government offices plan to support in the neighborhood El Gallito in Guatemala City, the action. Pablo González, a spokesman for the the police have failed to address the situation. Revolutionary Federation of Workers and Cam- Echeverría noted the case of a Nicaraguan girl pesinos in Mexico, said that his organization that was able to escape. She reported that the drug would support a boycott of at least four of the most dealers rape the young girls in order to impregnate important US companies, including Wal-Mart, one them. The dealers then assume custody of the ba- of the largest companies in the Mexican market. bies and force the young mothers to sell drugs. According to the testimonies of a number of young Number of Migrants Rises women that have managed to escape, this serves In addition to motivating protests, the recent immi- the dealers’ interests because the young women gration debate has also affected the number of peo- will not leave without their children. ple attempting to cross the US border. Some rela- Among other things, Echeverría called on the tives already living in the US are encouraging their police to pay more attention to the disappearances family members to cross the border before immi- of minors, as organized crime rings could be ex- gration reforms are adopted. Those residing in the ploiting these disappeared youth. US hope that their family members might benefit from any future guest worker program, but also MIGRANT RIGHTS fear that tougher security measures will make crossing the border even more dangerous in the Organizations Call for Action on May 1 near future. Since October 1, 2005, Border Patrol Organizations and individuals throughout the Agents in Tucson and Nogales have detained Americas are calling for action on May 1 to protest 105,803 immigrants, compared to 78,024 during the current direction of US immigration reform, in the same period last year. Along the entire border, particular HR 4437. The House version of this arrests increased by nine percent during the same bill, passed last December, would expand a wall period. along the US-Mexico border, criminalize undocu- mented immigrants, and increase legal penalties SOCIAL, ECONOMIC, AND for citizens that provide advocacy or support. The CULTURAL RIGHTS Senate, which has yet to approve the law, failed to reach an agreement before recess. One proposed Nation-Wide Protests Suspended change would allow for the legalization of over On April 5, after a protest blocking the entrance to seven million undocumented migrants now living the capital, the National Indigenous and Cam- in the US. pesino Coordinating Committee (CONIC) and the Organizers have requested “a day without im- National Teachers Assembly (ANM), announced migrants,” asking that Latin American residents in that the organizations were ending communication the US stay home from work and school on May 1. with the government, due the administration’s un-

April 21, 2006 UPDATE– page 3 Vol 18 No 7 satisfactory response to their demands. Leaders measures taken that week if it had adopted a simi- within these organizations called for nation-wide lar stance earlier. UASP leader Nery Barrios said protests. Organizers noted that rather than one day that they were satisfied with the change in the gov- of actions, they were building a movement based ernment’s attitude and hoped for a similar attitude on legitimate resistance to the government. as the negotiations continue. The leaders within CONIC specifically urged the government to re- the movement also added that the actions would solve over 100 land conflicts throughout the coun- continue nation-wide in the form of community try, cancel debts accrued during the transfer of cer- consultations. tain fincas , suspend mining licenses, and adopt legislation addressing nationality and indigenous Campesinos Evicted in Alta Verapaz peoples. (From an Amnesty International urgent action) CONIC, ANM, the National Coordinating Approximately 400 indigenous peasants living and Committee of Campesino Organizations (CNOC), working on the San Jose La Moca coffee farm, in the Campesino Development Committee the municipality of Senahú, Department of Alta (CODECA), the Unity of Popular and Labor Ac- Verapaz, were forcibly evicted on April 6, and are tion (UASP), and the Agrarian Platform were living in the open by the side of a nearby road. among the organizations supporting land occupa- They have no access to clean water, food, or shel- tions, roadblocks, and demonstrations for the week ter. of April 17. On the morning of April 6 approximately 200 The government responded to these actions, police officers and 80 soldiers arrived to carry out particularly those along major traffic routes, with the eviction. There was dialogue and negotiations anti-riot police and soldiers. There were varying with the community until around midday when the reports of the authorities’ use of teargas, batons, community members were escorted from the prop- and rubber bullets to allegedly control crowds and erty. There was no violence. ensure freedom of movement. Prensa Libre re- The only source of water is reportedly con- ported twenty-eight related arrests, including three taminated and many are becoming ill and develop- minors, as well as at least three people injured. ing skin conditions. Very few of them have re- On the night of April 20, following hours of ceived medical attention; a local NGO took fifteen negotiation with Vice President Eduardo Stein, the people to the hospital during the weekend of April administration and the movement leaders managed 8-9, and managed to supply them with a small to reach an agreement. The negotiating parties amount of bottled water. The community has also drew up a proposal in which the government been cut off from their sources of food as they no agreed to meet with representatives of various longer have access to land where they grew vege- groups on April 24 to continue negotiations, pro- tables: some are reportedly beginning to show vided that the nation-wide protests ended. signs of malnutrition. Among other issues, the government agreed to These farm workers are among 800 families discuss the most urgent agrarian problems, assis- who have been living on the farm all their lives. tance to hurricane victims, solutions to labor dis- They have been in a labor dispute with the farm putes, including the case of Joviel Acevedo, and a owners since 2002, when most of the workers were minimum wage increase. Stein also announced dismissed when world coffee prices collapsed. that twenty-seven of the demonstrators arrested by They had been living by a river on the farm, where the police in different parts of the country during they also had some land allocated for their own the protests would be released. farming. This land was flooded during Hurricane Campesino and union leaders expressed their Stan in October 2005 and their homes and crops satisfaction for the government’s new stance and were destroyed. indicated that all future acts of protest would be In November 2005 the farm owners apparently cancelled, as long as the dialogue with the govern- offered ownership of some land in lieu of money ment continued. CONIC leader Juan Tiney said they owed to some of the workers, without speci- that the government could have avoided the drastic fying how much land each family would receive,

April 21, 2006 UPDATE– page 4 Vol 18 No 7 or where it would be. The community occupied a all parties. On March 1, the CEG and civil activ- central part of the farm to protest and pressure the ists withdrew from the negotiating table as a farm owners into resolving the labor dispute. They means of protesting the government's failure to were then accused of seizing the land illegally by carry out their part of the agreements. The dialogue the farm owners and forcibly evicted on February reopened after Ortiz and CEG president, Álvaro 1. They resisted, and the security forces beat some Ramazzini, in particular, pushed for a compromise. of them, and used tear gas. The temporary shelters Raquel Zelaya, a member of the High Level they had built were destroyed and set alight, along Commission, said that the parties have reached an with their remaining belongings, including their agreement on ninety-four of ninety-six articles in- new crops. The following day the families returned cluded in the proposal for reform. The only major to the farm and set up new shelters. issues still pending are royalties and consultations. Two days later four members of the commu- The Guatemalan press reported that a more com- nity were shot and wounded by the farm's security plete proposal for reforms could be ready within guards when they tried to collect water. The four the next few weeks. men went to the hospital but soon went into hiding for fear that they would be arrested. Manuel Fede- Court Validates Community Consultations rico Cu Bol, who was shot in the abdomen, has On April 4, the Consitutional Court (CC) upheld since gone back to hospital to have surgery. Ger- the validity of the popular consultations held in ardo Bol, Domingo Caal, and Matias Chpe Tox Rio Hondo, Zacapa, and Sipakapa, San Marcos, in also sustained bullet wounds. Some of the security which residents voted against the establishment of guards were also apparently wounded in the inci- a hydroelectric plant and an open-pit mine respec- dent. tively. The companies involved then filed appeals Guatemala is a party to the International Cove- to invalidate the popular consultations held in nant on Economic, Social, and Cultural Rights these two departments. (ICESCR), and is therefore obliged to ensure that In Sipakapa, at least two thousand six hundred “evictions should not result in individuals being residents from thirteen different communities rendered homeless or vulnerable to the violation of passed a referendum on June 18, 2005. Of the other human rights.” thirteen participating communities, eleven voted against the mining company, one in favor, and one Government Requests Moratorium on Mining Licenses abstained. Among other things, those voting Almost a year after beginning, negotiations on against the mine feared that mining activity would mining laws could yield a proposal for reform. The contribute to environmental damage and long-term Ministry of Energy recently submitted a proposal health concerns. Residents also argued that the to the congressional commission on energy that company had not adequately consulted the local included a nine-month moratorium on the granting population before starting operations. of mining exploration and exploitation licenses. Montana Exploradora, a subsidiary of the Ca- The High Level Commission, made up of mem- nadian company Glamis Gold, argued that the con- bers of the executive branch, the Episcopal Con- sultation was illegal because it was held after the ference of Guatemala (CEG), and civil society, had deadline. The CC, however, denied their claim, previously recommended this measure. basing the decision on the International Labor Or- The legislature plans to debate the proposal in ganization’s Convention 169, regarding indigenous the near future. “We will look at it, but it would peoples in independent countries. When Montana be best if, after a year of talks, the High Level sought legal protection from the consultations in Commission sent a proposal for reforming the Sipakapa, San Marcos, the CC ruled that the con- mining law once and for all,” said Maynor Lopez, sultations were in fact valid. a congressman for the Grand National Alliance A ruling by the CC also upheld the popular (GANA). consultation held in Rio Hondo, Zacapa. On June Some are skeptical about the possibilities of 3, 2005, a majority of community members op- implementing mining reform that is acceptable to posed the installation of a hydroelectric plant in that region. Two thousand eight hundred people April 21, 2006 UPDATE– page 5 Vol 18 No 7 turned out to vote against the project. The Rio the delay in implementation. Guillermo Zimeri, of Hondo, S.A. hydroelectric company and Electori- Southern Textiles, said they were considering ente, S.A., presented a challenge to the Municipal moving operations to El Salvador or Nicaragua, in Regulation for Local Consultations by the town order to avoid losing millions of dollars due to the council in Rio Hondo, which had served as a basis delay. for the referendum. Although the press reported that the court up- INDIGENOUS RIGHTS held both popular consultations, some organiza- tions expressed the concern that the Sipakapa reso- Court Members Charged with Racism lution had not been ratified or signed by the CC Edgar Vany, an indigenous interpreter for the Sen- magistrates. The organizations were especially tencing Tribunal in Chimaltenango, has accused alarmed given that the CC is in the process of re- the local judicial officials of discrimination. Judge structuring, and any resolution that is not signed Miguel Eduardo León is accused of referring to in- and ratified will be passed on to the new magis- digenous people in the court as “dirty Indians” that trates for review, which would not necessarily en- smell. Other members of the court, including; first sure the same outcome. official, Nelson Eduardo Medina; second official, Tommy Medina Guzmán; third official, Brenda Opposition Parties Call for Social Protection Laws Maribel Estorban; and commissioner, Nery Klin- Legislators of the Guatemalan National Revolu- ton Morales reportedly repeated these comments. tionary Union (URNG), the Guatemalan Republi- The harshest sentence the members could receive can Front (FRG), the National Unity of Hope is twenty days without pay, although the case (UNE), the Party for National Advancement could also be sent to the Ministry of the Interior (PAN), and the Patriot Party (PP), warned that for criminal proceedings. they will not approve the law to implement the Do- “The people that arrived at the court were told minican Republic-Central America Free Trade that they could only present their case before the Agreement (DR-CAFTA), unless ten other laws judges if they had a defense attorney, when they designed to mitigate its negative effects are also were the plaintiffs, not the defendants,” said Vany. passed. These opposition parties maintain that the In addition to these comments, the members of government assumed this responsibility in previ- the court reportedly mistreated Vany as well. ous agreements, but has failed to pass the neces- Rather than call the interpreter by his name, they sary laws. Meanwhile, the US continues to pres- often referred to him using derogatory terms. One sure Guatemalan lawmakers to adopt national leg- of the judges confirmed this during witness testi- islation that either reflects or goes beyond the mony in the case. Vany also endured many racist agreements included in DR-CAFTA. jokes during his time at the tribunal. On one occa- Carlos Barreda, of the Collective of Social Or- sion, some of his co-workers told him, ganizations (COS), said that they support the legis- “Congratulations, today is your birthday.” When lators’ position, noting the lack of transparency in he answered that it was actually not his birthday, the free trade negotiations at this point. He added they responded, “Of course it is, today is the day that Guatemalans don’t have any reason to hurry of Tecún Umán.” and that it would be better to take more time to dis- According to the medical statement presented cuss the predicted impacts and what kind of pro- by Vany's defense attorney during the first hearing, tection to include in the law. the situation was so distressing that Vany had to The Guatemalan business sector, on the other undergo surgery for a stress-induced hernia hand, has urged Congress to speed up the imple- mentation of DR-CAFTA and avoid making too OTHER INFORMATION many changes to the proposal presented by the ex- ecutive branch. Businesspersons in the maqui- Lynching Incidents Increase ladora sector have been some of the most vocal, A man and a woman accused of kidnapping a mi- saying they are losing valuable business because of nor were lynched by a mob of approximately 5,000

April 21, 2006 UPDATE– page 6 Vol 18 No 7 residents in the central park of Sumpango, Sa- Illegal Armed Groups Detected in San Marcos catepéquez, according to the assistant chief of op- Minister of Defense Francisco Bermúdez reported erations of the National Civil Police (PNC), that military officials collaborating with the Na- Faustino Sánchez. The man was identified as José tional Civil Police (PNC) on opium eradication in Miguel Vela Alonso, a thirty-six year old living in San Marcos recently reported the existence of Guatemala City. The woman, approximately armed groups linked to drug trafficking in the area, twenty-five years old, was not identified. identified by the military as Illegal Armed Groups The police initially arrested the two victims, (GAI). According to the military’s sources, these who were accused of attempting to kidnap youth groups recruit members by spreading discontent from the municipal school. When community about the government’s failure to implement the members learned that they had been arrested in Peace Accords and by offering payments of fifty connection with child abduction, some of them ar- quetzales per day. rived at the police station armed with sticks. The A military intelligence report identified one of angry group then removed the two detainees from these groups as Nuevo Amanecer, which is alleg- the station and started to beat them. A local news edly operating in the municipality of San Pablo, station reported that the group beat the two sus- San Marcos. The report also noted that the region pects until they were unconscious, then threw fuel is ideal for organized crime operations because of on them, and lit them on fire. The authorities have its inhospitable and hilly territory, which includes pointed out that the group did not attempt to nego- twenty-six “blind” passes along the border used to tiate with the police or representatives from the transport contraband and migrants on the way to Human Rights Procurator’s Office (PDH). Mexico. José Luís Pérez, a community member that A police investigator declared that many of the witnessed the lynching, said that six children have organized groups carry assault weapons (M-16, been abducted in the area since January of this AR-15, and AK-47) and shotguns. These groups year. He said the police circulated flyers to alert also have vehicles, homes, and in some cases air- the population to this risk. planes, used to transport and guard drug ship- Later in the evening, the same group encircled ments. Another investigator noted that these the mayor’s house, throwing rocks at his house and groups are working for at least three “strong” or- burning his door. They demanded that the mayor ganized crime rings that drive drug activity in the coordinate with the authorities in order to provide area, whether it is via air over Guatemala, via land, better security in the area. The group then moved or via water. on to the police station, burning and looting the Bermúdez said that due to drug trafficking, hu- building. man trafficking, and prostitution, the heavily popu- Similar incidents in which local residents tried lated border regions have registered an increase in to lynch alleged criminals in Aguacatán, violent crimes in the last few years. Colotenango, and the municipality of San Gaspar Ixchil in the past few weeks have caused concern. NEW RESOURCES More and more local residents throughout the country seem to be taking matter of justice into Latin America Working Group, Tarnished Image their own hands. A local representative of the Available online at www.lawg.org . Presidential Human Rights Commission in Huehu- etenango expressed concern not only for the lynch- Washington Office on Latin America, Cross Cur- ing, but also for the evident lack of faith in the jus- rents: Elections Issue . Available online at www. tice system throughout the country. wola.org . In May, the Guatemalan government will have to explain these incidents, as well as efforts to prevent Amnesty International, Guatemala: Land of Injus- and punish them, before the United Nations Commit- tice? . Available online at www.amnestyusa.org/ tee on Torture. In addition to lynching, the commit- countries/guatemala/index.do . tee plans to address the prison system and the number of massacres that have been brought to trial. April 21, 2006 UPDATE– page 7 Vol 18 No 7

GHRC/USA is a nonprofit, nonpartisan, humanitarian organization committed to monitor- ing, documenting, and reporting on the human rights situation in Guatemala, while also advocating for survivors of human rights violations.

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

Editor: Carrie Stengel ([email protected]) Additional Assistance: Eleanor Lewis, Liz Kyriacou, Allysun Jackson

ISSN #1085-0864

3321 12th Street NE Washington DC 20017 Tel - 202-529-6599 Fax - 202-526-4611

Guatemala Human Rights Vol 18 No 7 Commission/USA 3321 12th Street NE Washington, DC 20017

• Leaders Murdered in Izabal and Quetzaltenango……………………. 1 • EU Holds Hearings on Femnicides……………………………….…..1 • Organizations Call for Action on May 1……………………………...3 • Nation-Wide Protests Suspended…………………………………..…3 • Campesinos Evicted in Alta Verapaz………………………….……...4

Insert: Death Squads Said to Target Youths Boston Globe