Combatting Violence Against Nicaragua’s Indigenous Communities

Combatting Violence Against Nicaragua’s Indigenous Communities

By Max Radwin 29 JUL 2024 / Mongabay

Indigenous communities on Nicaragua’s northern Caribbean coast continue to suffer threats, kidnappings, torture and unlawful arrests while defending communal territory from illegal settlements and mining.
Residents say they’re worried about losing ancestral land as well as traditional farming, hunting and fishing practices as the forest is cleared and mines pollute local streams and rivers.
This year, there have been 643 cases of violence against Indigenous peoples, including death threats, the burning of homes, unlawful arrests, kidnappings, torture and displacement, according to Indigenous rights groups that spoke at an Inter-American Commission on Human Rights panel this month.

Increasing violence in northern Nicaragua this year has displaced rural families and led to calls for more drastic action from the international community, which activists say hasn’t done enough to hold the Ortega government accountable for human rights abuses.

For years, Indigenous communities on Nicaragua’s northern Caribbean coast have suffered threats, kidnappings, torture and unlawful arrests while defending communal territory from illegal settlements and mining. This year appears to be as bad as ever, and residents say they are desperate for help.

“Urgent measures must be taken to protect these communities,” said Gloria Monique de Mees, the OAS rapporteur on the rights of Afro-descendants and against racial discrimination. “Failure to address the crisis will only embolden the Nicaraguan government to continue its repressive campaign.”

Much of the violence is concentrated within the North Caribbean Coast Autonomous Region (RACCN), a jurisdiction communally governed and titled by Indigenous communities since the late 1980s. It’s home to Miskitus, Mayangnas, Ulwa, Ramas, Creole and Garífunas peoples, and contains mountain, rainforest and coastal ecosystems.

The area has attracted non-Indigenous Nicaraguans, known locally as colonos, looking to set up farms, logging operations and artisanal mines. Massive gold and copper deposits have also created opportunities for multinational mining corporations, with backing from the government.

Indigenous communities say they’re worried about losing ancestral land as well as traditional farming, hunting and fishing practices as the forest is cleared and mines pollute local streams and rivers.

An IACHR panel in March on unlawful arrests in Nicaragua. Photo by CIDH via Flickr. CC BY 2.0

Conflicts between Indigenous communities and the colonos, who are often armed, have led to tragedy in multiple instances this year, according to witnesses who spoke at a panel hosted by the Inter-American Commission on Human Rights (IACHR) this month.

“This situation was created particularly by the dispossession of our territories as part of a process of colonization that implies, in the words of the communities, an ethnocide, in which settlers deprive us of our food and exploit our natural resources, usurping Indigenous territories through acts of armed violence and strategies to destroy out traditional ways of life,” Tininiska Rivera, a community member now living in exile, said during the panel.

In the first six months of this year, there have been over 643 cases of violence against Indigenous peoples, including death threats, the burning of homes, unlawful arrests, kidnappings, torture and displacement, according to several Indigenous rights groups present at the panel.

Many of the communities where the violence occurred have protection measures in place from the IACHR, which involves asking for special intervention by the Nicaraguan government. Human rights advocates say officials haven’t complied.

In one instance this year, five people were killed and two were seriously injured in the Wilú community in the Mayangna Sauní As territory. During the same incident, other families saw their homes and crops burned down, resulting in their displacement. At least 75 Indigenous people have been killed in the area since 2013, according to the panel.

At least 58 of this year’s cases in protected communities involved sexual, psychological, or physical violence against women, the groups said.

There have also been 37 cases in which forest rangers have been targeted by the government while carrying out patrols, according to Camila Ormar, an attorney for the Center for Justice and International Law (CEJIL). Eleven Mayangna people have been formally convicted while another 14 have outstanding arrest warrants.

Colonos have used high-caliber weapons and deprived their captors of food, according to the communities. They allegedly have connections to the government as well as various groups made up of former combatants from the revolution.

“One of the stopping points is not to engage with the dictatorship as if everything were normal, but rather to recognize the scale of the abuses that are ongoing, the imprisonment of not just the religious but the young people, the sexual violence against women and children, the dispossession of whole communities,” said OAS Rapporteur on the Rights of Indigenous Peoples, Arif Bulkan.

In 2022, the US issued sanctions against state-owned mining company Empresa Nicaragüense de Minas (ENIMIENAS), saying that it was “using gold revenue to continue to oppress the people of Nicaragua.” But the country’s mining concessions have continued to expand, often in Indigenous communities that struggle to find adequate legal representation or don’t understand their rights.

Between October 2023 and April 2024, the government granted three Chinese companies 13 mining concessions in the country, eight of them in the RACCN, according to a Confidential investigation published earlier this year. All of them were approved within eight months, suggesting that proper environmental impact studies and consultation with the communities were never carried out.

The concessions last 25 years and gives the three companies — Zhong Fu Development, Thomas Metal and Nicaragua XinXin Linze Minera Group — exclusive rights to extract minerals in the area, according to the investigation.

The companies couldn’t be reached for comment for this article. The Ministry of Energy and Mines didn’t respond to Mongabay’s requests.

Speakers at the IACHR panel said it’s important to continue to document the human rights abuses taking place on the northern Caribbean coast and to bring it to attention of the rest of the world. They also said that many protection measures are still working but also need to be improved.

For his part, Bulkan said that the international community has been “timid” in its response to the situation in Nicaragua. “[There has been] a shameless response from what we would think of as champions of human rights in the region,” he said. Adding, “One clear line of work has to be continuing with advocacy with the international community.”

Max Radwin is a staff writer covering Latin America for Mongabay. For updates on his work, follow him on Twitter via @MaxRadwin.

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Photo by Leo Sánchez on Unsplash

 

Film Screening, Indigenous Women Panel, and Black Summer Vigil

Film Screening, Indigenous Women Panel, and Black Summer Vigil

Editor’s note: None of the events are being organized by DGR. We stand in solidarity and encourage our readers to get involved in these if possible.


Kangaroo: A love-hate story (Film Screening)

Kangaroo reveals Australia’s relationship with its beloved icon, uncovering disturbing scenes behind the largest mass destruction of wildlife in the world. Using investigative techniques such as interviews, citizen footage, and research, Kangaroo: A Love-Hate Story shows how the kangaroo meat industry and the Australian government put profits ahead of animal welfare, native species protection and the environment. In addition, farmers who are guided by misinformation and profit take whatever steps they deem necessary to eradicate the species.

A free community screening presented by Woolgoolga Regional Community Gardens and Kangaroo Advocate Yurpia McCafferty, at 6pm (AEST) Tuesday 7th March, on 79 Scarborough St, Woolgoolga. You can find out more about the event here.


Violence Against Rural Indigenous Women: Brazil, Guatemala, Peru, and the United States

film

Throughout the Western Hemisphere, indigenous women and girls suffer extreme and disparate levels of gender-based violence. For those living in rural and remote communities on their own indigenous lands, these problems are even more pronounced. Our event will feature a panel of indigenous women from Brazil, Guatemala, Peru, and the United States, who will discuss how violations of indigenous peoples’ land rights and right to self-government expose their women and girls to racial discrimination, gender-based violence, and other human rights violations and how living in rural communities intensifies these problems.

The webinar will happen on March 8, 2023 at 1:00 p.m. – 3:00 p.m. (EST).


Black Summer Vigil

This online and offline event is being organized in the three-year anniversary memorial for the three billion animals who died in the Australian bush fires. The event will bring together stories from first responders across wildlife rescue, rural fire service, photojournalism, Aboriginal custodianship, veterinary medicine, ecology, and more. Speakers include:

  • Greg Mullins, Former Commissioner, Fire and Rescue NSW; Climate Councillor and founder, Emergency Leaders for Climate Action. Greg warned Australia’s then–Prime Minister in April 2019 that a bushfire catastrophe was coming. He pleaded for support and was ignored, then risked his life dealing with the ramifications on the ground.
  • Internationally recognised ecologist and WWF board member, Professor Christopher Dickman oversaw the work calculating the animal deaths from Black Summer. A Fellow of the Australian Academy of Science, Professor Dickman already wore the heavy task of being an ecologist during the sixth mass extinction, in the country that has the worst rate of mammalian extinction in the world. On 8 January 2020 media around the world shared his finding that Black Summer fires had killed one billion animals. Sadly, the fires continued for two more months, and his team’s final count was three billion. This does not include invertebrates: it is estimated 240 trillion beetles, moths, spiders, yabbies and other invertebrates died in the fires.
  • Coming up from the South Coast, owner of Wild2Free Kangaroo Sanctuary Rae Harvey, as seen in The Bond and The Fire. She is in the sad position of having personally known and cared for a number of Black Summer’s victims: many of the orphaned joeys she cared for were killed in the fires. (She nearly died herself too.) For three years, she has been unable to even speak their names. Now, for the first time, she will tell the story of the joeys she lost.
  • Cultural burning practitioner and Southern NSW Regional Coordinator with Firesticks Alliance, Djiringanj-Yuin Custodian Dan Morgan. Dan practises using Aboriginal knowledge to heal Country. He has worked for 18 years with the NSW National Parks & Wildlife Service and is on the board of management for the Biamanga National Park, a sacred area home to the last surviving koalas on the NSW south coast – which was partly destroyed by the fires of Black Summer.
  • Head of Programs & Disaster Response at Humane Society International (HSI) Evan Quartermain, who was one of the first responders on Kangaroo Island where nearly 40% of the island burnt at high severity.

The physical event will happen in Camperdown Memorial Rest Park (Sydney) at 2pm Sunday 2 April 2023 (AEST). You can also attend it online. You can find more information here.

Banner Photo by James Wainscoat on Unsplash

El Salvador women’s group takes a stand for river system targeted by development

El Salvador women’s group takes a stand for river system targeted by development

This story first appeared in Mongabay.

By

  • Women in a rural part of El Salvador are leading an effort to stop urban development that could result in deforestation and loss of access to water.
  • The Ciudad Valle El Ángel project involves the construction of stores, hotels and houses in Apopa municipality, an hour north of the capital, San Salvador.
  • It calls for clearing 351 hectares (867 acres) of forest and diverting 17 million liters (4.5 million gallons) of water a day from the Chacalapa River watershed.
  • The community has started working with other local organizations to stage protests, sit-ins and letter-writing campaigns, and has also filed numerous lawsuits.

A group of women in rural El Salvador is standing up against a major infrastructure project that threatens to clear hundreds of hectares of forest and cut off access to rivers that provide the community with clean drinking water.

The project, known as Ciudad Valle El Ángel, involves the construction of thousands of stores, hotels and houses in Apopa municipality, an hour north of the capital, San Salvador, where much of the land is still rural and many residents rely on subsistence farming.

Completing the project requires clearing 351 hectares (867 acres) of forest and installing eight industrial wells that will divert 17 million liters (4.5 million gallons) of water a day from the Chacalapa River watershed.

Around 2,000 people rely directly on the watershed for cooking, drinking, cleaning and crop cultivation, according to local environmental advocacy groups. The river also indirectly benefits another 60,000 people in 21 neighboring communities.

“Nothing about the project benefits the poorer classes. They’re building this for the upper classes, for the people who can pay,” said Sara García, coordinator of the Kawoq Women’s Collective, the eco-feminist organization protesting Ciudad Valle El Ángel.

The collective is made up of around 50 local women of all ages, who recognize that the destruction of Apopa’s ecology will have a direct impact on residents’ quality of life — especially the lives of women.

“We are the ones that spend the most time at home,” García said, “taking care of the water, preparing food. If there is no water, there is no food. There is more work for us and more fatigue and the deterioration of our bodies.”

She added, “I’m not saying that men aren’t also affected. But because of the burden imposed on us by a patriarchal system, we suffer the most.”

The Kawoq Women’s Collective has spent the last decade trying to stave off development projects that threaten local ecosystems. In that time, it has witnessed the arrival of some stores and gas stations as well as a highway that now connects the area to San Salvador. García said she viewed the highway as a precursor to the construction taking place today, an attempt to attract people looking for quick trips out of the city.

When the Ciudad Valle El Ángel project was announced in 2018, the collective started working with other local organizations to stage protests, sit-ins and letter-writing campaigns.

Public pressure helped move plans to drill the wells along the skirts of the San Salvador volcano to other parts of the watershed farther away from vulnerable residents of Apopa. But they said the new plans would still divert most of their drinking water, and possibly contaminate what remains.

In addition to direct diversion of water from the Chacalapa River, deforestation of nearby forests has the potential to decrease access to potable water because the cleared land won’t be able to stop runoff and filter harmful chemicals.

“We are beneficiaries of the Chacalapa River system,” said Johana Mejía, the president of Apopa’s community water board, “and because of that, we have to act.”

Sociedad Dueñas Hermanos Limitada, the company carrying out the project, did not respond to a request for comment.

Protest on bulldozer
Signs hang off of a bulldozer at a construction sight in Apopa. Image via Joya Galana/Junta Comunitaria de Agua.

In 2019, legal representatives for the community filed a complaint in the country’s environmental court that highlighted the irreversible ecological damage of the project, but it was denied.

In other lawsuits, the community has claimed the government failed to adequately carry out environmental studies and the consultation process, in which residents are given an opportunity to air their concerns with officials and developers.

In a statement to Mongabay, El Salvador’s Ministry of Environment and Natural Resources said it had carried out all required technical studies, identified all environmental impacts and established the proper measures to “prevent, mitigate and correct said impacts on soil, water, air and flora and fauna.”

Another lawsuit claims there were irregularities in the permit process between the project developer and the local water service, which didn’t respond to Mongabay’s request for comment.

So far, the lawsuits haven’t managed to stop construction, only delay the start date. In the meantime, other small-scale development projects have arrived in hopes of taking advantage of the area’s potential economic boom. The community is fighting scattered instances of deforestation and the drilling of wells, Mejía said.

In May, the country’s newly elected congress voted to remove five members of the Supreme Court, creating international concern that President Nayib Bukele, whose party now has a majority in congress, had threatened the country’s democracy and overstepped his power.

For Apopa residents, it was a sign that their cases might never receive fair consideration.

“In the community, there is always the hopeless outlook that we can’t stop what’s coming,” Mejía said, “that we can’t demand our rights to water because there is too much corruption. But there is another percentage that says no, we have to do something.”

Banner image: A lone sign of protest sits on cleared land with the San Salvador volcano looming in the distance. Image via Joya Galana/Junta Comunitaria de Agua.

Indigenous mine opponents targeted in raids during state of siege in Guatemala

Indigenous mine opponents targeted in raids during state of siege in Guatemala

This story was first published in Mongabay.

By

  • In the midst of a long conflict and recent protest over a nickel mine in El Estor, in eastern Guatemala, police have carried out more than 40 raids and 60 arrests, and the government has declared a 30-day state of emergency.
  • Indigenous Mayan opponents to the mine say they were never properly consulted about the mine and its impacts on their lands, livelihoods and lake, and protested on the town’s main road, refusing passage to mining vehicles.
  • Four police were shot during the police crackdown on protests by what the government blames as armed protestors, although mine opponents say the assailants were not involved in the protest.
  • There are concerns mining operations will pose environmental damages to Guatemala’s largest lake, home to diverse fish, bird, reptile and mammal species, including the endangered Guatemalan black howler monkey (Alouatta pigra).

EL ESTOR, Guatemala — Germán Chub was still sleeping when police and military personnel showed up outside his home. It was the fourth day of a month-long state of siege, akin to martial law, in El Estor, eastern Guatemala, in the wake of the latest flashpoint in a decades-long, multifaceted conflict over a nickel mine.

Chub’s wife went out the door a few minutes before six o’clock in the morning on Oct. 27, on her way to grind the maize she would make into tortillas for the day. Police waiting in the street informed her they were there to search the house and entered with personnel from the country’s Office of the Public Prosecutor. Chub was forced to get up and get into his wheelchair.

“It scared me,” Chub told Mongabay. “They just said they were there for a raid and that they had been sent.”

The home of German Chub, paralyzed in 2009 when he was shot by the Fenix mine head of security at the time, was raided during the ongoing state of siege in El Estor. Image courtesy of Sandra Cuffe.

It was not the first time Chub had experienced fallout from the mining conflict. During protests against the Fenix nickel mine in 2009 over land rights, he was shot and paralyzed from the waist down by Mynor Padilla, the mine’s head of security, who also shot dead anti-mining activist Adolfo Ich Chamán. Mongabay first spoke to Chub in 2015 during the trial and again in 2017 when Padilla was initially acquitted. After appeals, Padilla eventually took a plea deal and was convicted this past January.

The Fenix nickel mine has been tied to conflict and violence for more than half a century, when it was formerly owned by EXMIBAL, a subsidiary of Canadian miner Inco. Indigenous Maya Q’eqchi’ residents were never consulted, and their exclusion from a court-ordered consultation process prompted protests, a crackdown and violence that left four police officers with gunshot wounds in October this year. The ensuing state of siege and raids targeting community leaders, outspoken mine opponents and local journalists — all Indigenous Maya Q’eqchi’ — have sparked alarm and condemnation in Guatemala and beyond.

“I do not even have the words to express myself about what they are doing,” Chub said. “Everything they are doing in El Estor is unjust.”

Police raided the homes of two journalists and at least nine community authorities, fishers’ guild leaders and protesters during the last week of October. In early November, Mongabay visited several families in El Estor whose homes were raided and spoke with other leaders in hiding. Hundreds of police officers, soldiers and marines were in the area, patrolling and stationed at different points around town, including fanned out along a stretch of road between El Estor and the mining complex 6 kilometers (4 miles) to the west.

Guatemalan marines fan out along the access street to a pier during the state of siege in El Estor. Image courtesy of Sandra Cuffe.

The Fenix project is now owned by the Solway Investment Group, a private mining and metals corporation based in Switzerland, after decades of Canadian ownership. When it acquired the Fenix mine in 2011, Solway was based in another tax haven, Cyprus, and widely acknowledged to be a Russian company.

Protests and condemnation related to the state of siege continue to target both the Swiss and Russian embassies in Guatemala. Solway’s press office told Mongabay in a written statement that the company is fully owned by European Union citizens and that there is no Russian capital or investment in the company. Russian is one of the company’s working languages because Solway operated several projects in that country in the past, according to the company. Many high-level employees at the Fenix project in Guatemala are Russian.

The project includes mountaintop mining and ferronickel processing facilities near the shore of Lake Izabal, the country’s biggest lake. The lake, waterways and lands in the region are at the heart of sustained opposition to the mine. Indigenous communities in the region primarily live from subsistence agriculture and fishing, and want to ensure the environment can sustain those livelihoods for future generations.

“That’s why we were supporting the resistance. People want to look out for their children, their grandchildren,” Chub said.

Battles over proper consultation

The municipality of El Estor is home to some 82,500 people, more than 90% of them Q’echi’, according to the most recent national census. In 2019, Guatemala’s Constitutional Court ruled in favor of El Estor’s small-scale fishers’ guild and other local plaintiffs, and determined that Indigenous communities in the mine’s area of influence were never properly consulted about the project. The court issued an injunction, ordering the suspension of the mining license held by Solway subsidiary CGN, pending consultation.

The ongoing operation of the ferronickel processing plant despite a court order suspending operations at the mine is one of the drivers of recent protests (2017). Image courtesy of Sandra Cuffe.

In a 2020 ruling, the Constitutional Court reiterated the suspension order and laid out guidelines for a consultation process to be carried out by the Ministry of Energy and Mines. Free, prior and informed consultation is required under the International Labour Organization’s Convention 169 on Indigenous and Tribal Peoples, which Guatemala ratified in 1996.

The defendant in the case was the Ministry of Energy and Mines, not the company, the Solway Investment Group’s press office noted. “The company received the order to suspend the license on February 4, 2021, and ceased its operating activities at the Fenix mine as of February 5, 2021,” according to the press office.

However, the ferronickel processing plant kept running. Operated by another subsidiary of Solway, Pronico, rather than CGN, the subsidiary whose license was suspended, the plant is now processing ore from other mining operations in the region. Mine opponents say the distinction between the subsidiaries is spurious and argue the suspension should apply to the plant because it is located within the mining license area.

The continuation of mining operations, long after the court rulings, has stoked discontent, as has the government’s management of the pre-consultation process. The Constitutional Court ruling addressed how formally recognized entities ostensibly representing local populations do not necessarily represent or speak for Indigenous peoples. Many Q’eqchi’ residents say that is the case with the pre-consultation dialogue, which includes a formally recognized Indigenous council that mine opponents have argued for years is coopted by mining interests.

“They just self-elect themselves. They were not going to look out for the interests of the people,” said Luis Adolfo Ich, a primary school teacher and community leader whose home was raided on Oct. 27, along with that of his mother, Angélica Choc. Ich is the son of Adolfo Ich Chamán, the community leader killed by the Fenix mine security personnel on Sept. 27, 2009, the same day Chub was shot. Padilla, the former head of security, was also convicted on Jan. 6, 2021, for killing Ich Chamán.

“The state really does not respect the rights of Indigenous peoples,” Ich said in a telephone interview from another part of the country, where he and some other community leaders had fled out of fear for their safety. “A decision was made to organize another ancestral council,” he said.

Two Q’eqchi’ women watch an army truck carrying soldiers drive past along a main street in El Estor during the state of siege. Image courtesy of Sandra Cuffe.

On Jan. 30, traditional local authorities, elders, midwives, fishermen, community leaders and other Q’eqchi’ residents from around the municipality gathered in El Estor at an assembly to form a new Q’eqchi’ ancestral authorities council. They elected representatives, including Ich, from several dozen communities. Ever since, they have been unsuccessfully attempting to get the Guatemalan government to recognize the council for inclusion in the pre-consultation process.

The Ministry of Energy and Mines held the first pre-consultation dialogue meeting Sept. 28 in Puerto Barrios, 120 km (75 mi) from El Estor. Thirty-eight representatives from 13 national and local government institutions, universities, the CGN mining company, and the controversial Indigenous council participated. The Q’eqchi’ ancestral council was excluded and called a protest that began Oct. 4 on the main road into El Estor, refusing passage to vehicles related to mining activities, and in particular trucks hauling ore out and bringing in coal needed to fuel the processing facilities. The protesters stood their ground for two and a half weeks, demanding inclusion in the pre-consultation process and the suspension of the mine’s processing plant operations.

Police and company officials attempted to persuade the protesters to clear the road and allow coal trucks to pass, but were turned away. On Oct. 22, police moved in, using force and tear gas to disperse people and clear the road. Police officers later escorted coal trucks heading to the Fenix mine complex, running alongside them to ensure their passage.

Maya Q’eqchi’ residents of El Estor watch as riot police fire tear gas at the previous May 27, 2017 protests on the Fenix mine. Image courtesy of Sandra Cuffe.

Dozens of raids and a monthlong crackdown

During the crackdown, four police officers were shot in the leg. They are recovering at home, a national police spokesperson told Mongabay. Q’eqchi’ mine opponents told Mongabay that some protesters threw rocks at police but that any armed assailants who shot at police were not involved in any way in the protest. The Guatemalan government issued a public statement Oct. 24, accusing the protesters of shooting police officers “after 17 days of illegal blockades by a small group of people who it is assumed do not live in the area.”

Cristián Xol was one of the El Estor residents there, including on the day in question. “I participated but it was a really peaceful protest,” said the 25-year-old. When police cracked down, the situation became chaotic and there were shots fired, but not by protesters at the action led by Q’eqchi’ community leaders, he said.

At least two of the several pro-mine Facebook accounts sharing local news insinuated Xol may have shot police, in a post that included three unrelated photographs: one of Xol, one of someone else with a gun, and one of guns. Police had a screenshot of the Facebook post in hand when they raided Xol’s home looking for guns, he said.

Finding weapons was also the key aim of a previous search warrant covering nine other properties. “Find firearms, homemade weapons, vehicles reported stolen and objects of unlawful origin,” reads an instruction emphasized in bold, underlined, and upper case on the final page of the warrant.

The raid on the Xol family home occurred a week after the government’s declaration of a 30-day state of siege in the municipality of El Estor. However, news of the Oct. 23 decree did not surface until the following morning. Under the dictatorship-era Public Order Law, Guatemala has five kinds of states of emergency — prevention, alarm, calamity, siege, and war — under which some constitutional rights and freedoms can be suspended and military involvement warranted.

Soldiers descend from an army truck parked in a block along the Lake Izabal shore that the military is using as a staging area during the state of siege in El Estor, Guatemala. Image courtesy of Sandra Cuffe.

By law, the military is now in charge of civilian authorities in El Estor for the duration of the state of siege, though spokespersons for the Ministry of Defense and National Civilian Police both told Mongabay that in reality it is a very coordinated, interinstitutional effort. Freedoms of assembly and movement are restricted and a curfew from 6 p.m. to 6 a.m. is in place. The constitutional rights to legal detention and legal interrogation are suspended.

“This is a textbook intervention,” said Iduvina Hernández, executive director of the Association for the Study of Security in Democracy. “It is a pattern of systematic actions to halt the progress of the Q’eqchi’ resistance in El Estor.”

Roughly 600 police officers and 300 military personnel are currently in El Estor, according to the spokespersons for the two institutions. So far, police have carried out more than 40 raids and more than 60 arrests, according to the police spokesperson.

Some El Estor residents say they’re relieved the government declared a state of siege. “When there is a state of siege, one can sleep a little easier. There are many gang members that break into houses to steal,” a woman told Mongabay early one morning shortly after the curfew lifted while she fished from the edge of a lakeshore block the military was using as a staging area. She requested anonymity, citing potential retaliation from local criminals.

“The mine has brought quite a lot of development to the town,” she said, holding the line she had baited with pieces of tortilla to catch small fish for consumption. She also sells cosmetic products and said the wives of mine and plant workers are good clients, adding that workers spend their wages at local businesses. “Blockades affect the population,” she said of the recent protests. “They are people who do not want to work.”

A woman who supports the mine and state of siege in El Estor holds a fish she just caught from a little concrete pier along the Lake Izabal shore. Image courtesy of Sandra Cuffe.

While Mongabay was in El Estor, a few dozen people had traveled to Guatemala City to rally in favor of mining and the state of siege. At least one protest sign was already requesting the government to extend the state of siege for another 30 days. “The residents of El Estor collected more than 1,300 signatures on open letters of gratitude to the police, the Ministry of the Interior, and the President of Guatemala,” according to Solway’s press office, which added that neither it nor its subsidiaries had requested the police presence or state of siege.

National and international human rights organizations, on the other hand, have condemned the police crackdown on protests, the state of siege, raids, and attacks on local press. “The Inter-American Commission on Human Rights (IACHR) condemns the use of excessive force against protesters and members of Maya Q’eqchi’ communities as well as acts of repression against journalists and media outlets recorded in recent days in the municipality of El Estor,” the IACHR wrote Nov. 4 in a Spanish-language statement. 

Local press targeted

The local Xyaab’ Tzuultaq’a community radio station was a target on Oct. 24, day one of the state of siege. It broadcasts almost exclusively in the Q’eqchi’ language and is a means of news, communication and coordination for communities throughout El Estor, some of which do not have cellphone reception or even electricity. In some Q’eqchi’ areas, many people, especially women and elders, speak little or no Spanish.

“Companies have a hatred for the radio,” said Robin Macloni, executive director of Defensoría Q’eqchi’, a nonprofit local rights group linked to the volunteer-run radio it helped get off the ground in 2017. In practice, though, “the radio is the hands of ancestral authorities,” Macloni said. During the October protests, Q’eqchi’ council members used the radio to let people know which communities had turns maintaining the protest camp on which days, as they were taking rotating shifts around the clock.

When police cracked down on the protests, Defensoría Q’eqchi’ and Xyaab’ Tzuultaq’a knew they would be targeted. On the morning of Oct. 24, they read the state of siege decree on air, announced they would have to suspend broadcasting, and removed all the transmission equipment from the building, Macloni said. Police did not raid the station as no one was present at the property.

Two days later, police raided the homes of local journalists Juan Bautista Xol and Carlos Ernesto Choc. As local correspondents for Prensa Comunitaria, an independent community-based digital publication, they had been covering the protests and crackdowns, later becoming targets of police violence in the mix. Since the raids, their relatives have reported being followed, questioned and surveilled by uniformed police officers as well as unmarked gray pickup trucks with tinted windows.

At the local prosecutor’s office in El Estor, human rights lawyer, Francisco Vivar, and Q’eqchi’ journalist, Carlos Ernesto Choc, speak out against attacks on the local press. Image courtesy of Sandra Cuffe.

“Human rights defenders and especially journalists [like Choc] who have denounced this situation … are at high risk,” Francisco Vivar, a lawyer with the Center for Human Rights Legal Action, said in early November outside the local prosecutor’s office in El Estor, where he was accompanying Choc.

Choc had fled El Estor for safety but had to sign a registry at the prosecutor’s office every month as part of his bail conditions. Four years ago, Choc had reported on El Estor small-scale fishers’ guild protests against the mine and was later criminalized alongside several fishermen. This included guild president Cristóbal Pop, whose home was also raided during the state of siege, and former guild vice president Eduardo Bin, who was arrested during the state of siege on an old, expired arrest warrant. He was later released.

Fears for Guatemala’s largest lake

Fishermen have noted changes and fish stock depletion for years in Lake Izabal. In 2017, a red patch of discolored water appeared in the lake, and the fishers’ guild blamed the mine, filed a formal complaint, and organized protests. With a surface area of 590 square kilometers (228 square miles), Lake Izabal sustains local livelihoods but also important ecosystems and protected areas home to diverse fish, bird, reptile and mammal species, including the endangered Guatemalan black howler monkey (Alouatta pigra). The lake itself, which drains into the Caribbean, is also home to a population of manatees (Trichechus manatus), the symbol of the town of El Estor.

El Estor residents, particularly women and children, bait fishing line with pieces of tortilla and bread to catch small fish from the Lake Izabal shore. Image courtesy of Sandra Cuffe.

Government studies have shown that “90% of the water pollution is generated not by the company’s operations but by the local communities residing along the Polochic River [that feeds into Lake Izabal]. The company’s contribution to the water pollution is minimal,” Solway wrote in a 2017 public statement. The company does not discharge any type of waste water and “carries out the most extensive environmental monitoring of water quality in Lake Izabal in the region,” the company’s press office told Mongabay.

Many Q’eqchi’ fishermen and community members do not trust the company or government. A private Guatemalan university, Universidad del Valle, was conducting research in the area when Solway acquired the Fenix project. The following year, in 2012, three biology students were killed on mining company property while monitoring crocodiles and taking water samples as part of a university-company exchange program. In 2019, a court convicted a CGN mining company biologist of culpable homicide and found CGN civilly responsible. The sentence was overturned in September 2021 and the legal battle continues.

The deaths fed local perceptions of mining pollution and a cover-up. “In the future we will see the consequences,” Luis Adolfo Ich said of all the mining and oil palm industry operations around the lake. “The struggle of the ancestral authorities and the guild is to protect the lake from pollution.”

Maya Q’eqchi’ fishermen set out on Lake Izabal shortly after the curfew lifts. Image courtesy of Sandra Cuffe.

Fishers’ guild protests in El Estor in May 2017 blocked the road leading to the Fenix mine, and riot police cracked down on May 27, firing tear gas and some live rounds. Local Q’eqchi’ fisherman Carlos Maaz was shot in the chest and killed, one of the latest in a long list of people killed in connection with the mine.

In 1965, a military dictatorship granted mining rights to EXMIBAL, a 50:50 joint venture between the Guatemalan government and Canada’s International Nickel Company (INCO). EXMIBAL’s operations took place during the 1960-1996 armed conflict between leftist guerrillas and the state. The military committed the first large-scale massacre of civilians in 1978 in Panzós, 26 miles west of El Estor, where Q’eqchi’ villagers were protesting for rights to their traditional lands, a massive swathe of which had been given to EXMIBAL.

Mining company personnel shot some El Estor community residents while they were on their way to the Panzós protest, according to a United Nations-backed truth commission into crimes against humanity during the armed conflict. A congressman and another member of an ad-hoc committee investigating EXMIBAL’s acquisitions were assassinated in 1970 and 1971.

Over time, EXMIBAL became CGN and Guatemala’s 50% stake decreased to 1%. In the 2000s, there were waves of evictions and crackdowns while the project was owned by Skye Resources and then Hudbay Minerals, both Canadian companies that tried to get the project up and running. Solway acquired the Fenix project in 2011 and restarted production in 2014.

“Responsible Mining” reads a sign in 2007 at the Fenix mine owned by CGN, then a subsidiary of Skye Resources, a Canadian company. Image courtesy of Sandra Cuffe.

“The story remains unchanged. It is the same,” said Olga Che, treasurer of El Estor’s small-scale fishers’ guild, a member of the new Q’eqchi’ authorities council, and a prominent figure at the recent protests. “The history of the armed conflict remains unchanged.”

In 1980, when Che was 2 years old, the military showed up and took away her father, who was never seen again. He was a very active member of the Catholic church at a time when the military government was targeting church figures openly sympathetic to human rights and land rights struggles. Che’s father is one of an estimated 45,000 people who disappeared during the armed conflict.

“We do not know if he is alive, if he is dead, or if they threw him somewhere. Who knows,” Che told Mongabay.

When soldiers and police showed up outside Che’s mother’s house on Oct. 26, lining the block, she was reminded of the incident in 1980 when the military took her husband. She has been unwell ever since the raid, said Che, whose own home was also raided while she and her husband and kids were at her mother’s place. Police dug holes in the dirt floor of the home.

A police officer threatened Che’s 11-year-old daughter with a beating and another grabbed her 8-year-old son by the arms, telling them to “tell the truth” about weapons on the property, Che said. Police also stole and ate tamales from the kitchen, according to the family. Che also said she and her husband were coerced into signing the written record drawn up at the end of the raid without getting a chance to read it.

Olga Che, a community leader in El Estor and local fishers’ guild treasurer, sits outside her mother’s home, where she and her family were staying when it was raided. Image courtesy of Sandra Cuffe.

Those claims are false, according to the national police spokesperson, who said that personnel from the prosecutor’s office were on site along with police during raids. Had something like that occurred, residents should have filed a formal complaint with the prosecutor’s office or the police’s inspectorate-general, the spokesperson told Mongabay, adding that “anything like that would not have been tolerated.”

While Che discussed the raid, 182 km (113 mi) away in another department, the Ministry of Energy and Mines wrapped up the third and final meeting of the pre-consultation process concerning the Fenix mine. None of the meetings took place in El Estor, and two of the three were held during the ongoing state of siege. The actual consultation process, consisting of an informational phase and then “intercultural dialogue,” is set to begin during the state of siege and wrap up in December.

“If they do not listen to us we have the right to protest,” Che said. “I was there to defend our mountains and to defend our lake.”

Editor’s note: Sandra Cuffe has voluntarily contributed to and written for Prensa Comunitaria, including reporting fishers’ guild protests and the killing of Carlos Maaz in May 2017. She has sent photos and videos of other events.

Banner image: A group of riot police advance at the outset of a crackdown on a May 27, 2017, fishers guild protest over Lake Izabal pollution they associate with the mine. Image courtesy of Sandra Cuffe.