Indigenous communities across Guatemala have brought the country to a standstill for the second day in a row. Blockading major crossroads and highways, the nationwide peaceful demonstrations are protesting against the Guatemalan congress’s rejection of a constitutional reform that would legally recognize indigenous justice as part of the country’s judicial system.
An estimated 60 percent, or more than 6 million inhabitants, make up Guatemala’s population (IWGIA). Yet indigenous systems of justice, wherein local authorities rule on community issues, have been looked down upon by a country that continues to hugely discriminate against its majority indigenous population. The reforms face opposition from conservatives and major businesses that control most of Guatemala’s land and economy. Although many of these business interests campaigned against the reforms under the guise of fearing “legal confusion,” indigenous activists and leaders at the protests describe the opposition as deriving from a fear of losing any of their elite power to those who have been oppressed and exploited for centuries–Indigenous Peoples.
Photo: Anna Watts
At Los Encuentros, one of the most important crossroads between major cities located along the Pan-American Highway, thousands of indigenous people of the Sololá region gathered to participate in the blockades. Carrying handmade signs and led by their respective indigenous leaders, community groups unloaded from packed cargo trucks and chicken buses, carrying ready-made lunches to last through a full day of protesting.
By 8:30 AM, every tienda, comedor, and tortilla stand had been closed down and locked up, a rare sight for the ever-bustling highway hub. The majority indigenous city of Sololá was deserted; not a car in sight nor shop windows open. Pick-up trucks and makeshift blockades of boulders and large tree branches cut off traffic between smaller communities surrounding Lake Atitlán.
Protesters organized and coordinated solely by means of meetings and phone calls between indigenous community leaders. Use of Internet or social media to communicate and gain protest support was entirely avoided out of fear of vulnerability and tracking by police and those opposing the reforms. This distrust was reflected in weak media coverage of the protests; in spite of the thousand plus standing in solidarity at Los Encuentros, only one reporter from a local agency showed up with a small video camera.
After eight years of struggle, communities in Santa Cruz Barillas, Guatemala, are celebrating a decision by Spanish company Ecoener-Hidralia to leave Guatemala and start the “process of extinction of Hidro Santa Cruz S.A.”
The Dec. 29 announcement signals the end to a tragic legacy of political persecution and imprisonment, criminalization of resistance, threats and the murder of social leaders.
The aggressiveness of the hydro dam’s proponents reached its highest point with the murder of community leader Andrés Pedro Miguel, attributed to security officers hired by the multinational company. Legal authorities, even in light of undisputed evidence, decided to keep this crime unpunished.
The outrage of communities was used as an excuse by the Guatemalan government, led by Otto Pérez Molina, to declare a state of emergency in the area and imprison several people.
“As the people of Barillas we see this as a great victory. This is an important achievement towards the defense of the territory and the natural resources of the people, and it is a message for other companies in the country and the world,” said Basilio Tzoy, member of the Departmental Assembly of Huehuetenango and CEIBA – Friends of the Earth Guatemala, in an interview with Real World Radio.
Tzoy believes that the “key factor” for this victory was the struggle of “the people through community consultations since 2007, and then with the support of different organizations and individuals who opposed the state of emergency in 2012 and advocated for the freedom of the political prisoners.”
Tzoy also highlighted the importance of the solidarity shown by regional and international organizations that acted to stop the advance of the project, for instance through the International Mission on Human Rights carried out in 2013 in the framework of the 5th Latin American Meeting of the “Network of People Affected by Dams and in Defense of Rivers, Communities and Water” (REDLAR).
Another important action, according to him, was the delivery of over 23 thousand signatures gathered by Friends of the Earth Spain and the Alianza por la Solidaridad to the Guatemalan Ambassador in Spain, demanding the definitive withdrawal of the multinational company from the country.
The struggle continues
In addition to celebrating this victory, the communities have identified as next steps to strengthen the solidarity with the q’anjob’al and chuj peoples of San Mateo Ixtatán municipality, who are facing the advance of hydroelectric projects owned by company Promoción y Desarrollo Hídricos (PDHSA). According to Tzoy, the leaders of these communities, who live in a heavily militarized territory, have “over 17 arrest warrants against them and over 50 legal complaints,” for defending their territories.
With reference to the territories occupied by Hidro Santa Cruz, the activist said that starting next year, the local organizations will meet to define how they will be recovered.
In the framework of the 20th anniversary of the peace agreements today, December 29th, Tzoy said that Guatemalan social movements have been meeting for over two months now, carrying out actions to demand the State the right of Indigenous Peoples to their territories and to denounce the attacks and criminalization of the struggles of the communities.
As a conclusion, Basilio Tzoy addressed “the people of Latin America and the world resisting neoliberalism: the struggles take long and are hard, but the fruits can be reaped as long as they persevere,” said the Guatemalan leader.
This article was originally posted at RadioMundoReal.fm and edited and re-published at Intercontinental Cry under a Creative Commons License. Featured image by www.papelrevolucion.com.
By Jhonathan F. Gómez / Upside Down World All photos from Supreme Court trial by Jhonathan F. Gómez
Maya Q’eqchi’ women survivors recently entered the Supreme Court in Guatemala as part of the Sepur Zarco case to demand justice for sexual violence, sexual and domestic slavery, forced disappearances and murder, crimes committed during the internal armed conflict of 1960-1996. On February 1, 2016, Army Lieutenant Colonel Francisco Esteelmer Reyes Girón and military commissioner Heriberto Valdés Asij appeared before the court as another historic trial began.
The Sepur Zarco case is representative of the current state of justice for women in Guatemala. It serves as a reminder that the work towards bringing those responsible for genocide and crimes against humanity is an extensive and challenging process anywhere in the world.
The case goes back to 1982, when the army built a military outpost between the departments of Alta Verapaz and Izabal. Built by forced labor from men of the communities of Panzós and El Estor, it was designated as a resting area for the troops. Late in 1982, the army captured and disappeared Maya Q’eqchi’ men who were fighting for their rights to the land in the area. Consequently, the army took advantage of the widowed women and declared them “alone and available,” forcing them into domestic and sexual slavery. The women were subjected to inhumane conditions, repeatedly raped, gang raped and forced to cook and clean for the army.
These crimes occurred when retired general José Efraín Ríos Mont Ríos Montt was president. Part of his government’s policy was to eliminate the Mayan people by way of displacement, disappearances, murder or forced exile. (Ríos Montt is currently waiting retrial to face justice for his crimes.)
In 1993, the United Nation’s Historical Clarification Commission collected testimonies which allowed for an understanding of what happened. However, a broader understanding of what took place began to surface further in 2000 when the Community Research and Psychosocial Action Team (Equipo de Estudios Comunitarios y Acción Psicosocial, ECAP) conducted psychosocial work with women of the Sepur Zarco region.
The roots of this landmark case are part of a living history which Maya Q’eqchi’ women have been working for years at the community level in the pursuit of justice. In 2009, an independent psychosocial investigation, which led to the publication of a book called Tejidos Que Lleva el Alma (The Weavings that Our Soul Carry) was conducted by ECAP and the National Union of Guatemalan Women (Unión Nacional de Mujeres Guatemaltecas, UNAMG). The book’s aim was to bring the stories of Mayan women survivors into the public consciousness.
In 2010, a symbolic Court of Conscience (Tribunal de Conciencia) against sexual violence for crimes committed during the armed conflict was conducted as a public act by the women survivors. It signaled a breaking of the silence and promoted the sharing of stories with the clear objective that nothing of that nature should ever happen again. The event was organized by various community organizations and with the support of multiple embassies including those from Costa Rica, Spain, Germany Norway and Sweden. Following the symbolic act, the women took a step forward with strategic litigation within the Guatemala justice system.
The Breaking the Silence and Impunity Alliance (Alianza Rompiendo el Silencio y la Impunidad), which consists of three grassroots organizations, came together the same year to accompany the legal proceedings of the women survivors. The women survivors have waited over 30 years to see any inclination of justice, and this case can therefore have a large impact in Guatemala and around the world.
The significance of the case cannot be overstated. It is the first time in the world where a national court, in the context of a criminal trial will hear charges against sexual violence during war, as well as the first time a national court will hear charges against sexual and domestic slavery, also in the context of war. The case can set precedents on how sexual violence is judged at a national and international level. Ada I. Valenzuela López from UNAMG states, “In our society, no one else will position sexual violence as an issue in this context. It is a violence which has been silenced for many years. It is almost never at the forefront of any debate in the courts or our society.”
The case stands to move public opinion forward in the struggle for gender justice. It can serve as a step to strengthen trust in a justice system that is capable of hearing the voices of women, and not shaming nor stigmatizing them for speaking out as survivors of sexual violence. It is particularly important for an indigenous population that has been historically discriminated and marginalized to trust in due process. Fifteen women have already testified during the intermediate phase of the case. Many of them have faced threats because of their testimony, yet all of them continue to stand strong because they share a collective understanding of the importance of the trial.
On September 2011, criminal charges were filed in Puerto Barrios, Izabal against military officials Reyes Girón and Valdés Asij. On December, 2011, exhumations were performed at the military outpost. In July of 2012, the prosecutor’s office requested before the Supreme Court that the case be transferred to the High Risk Court. In September of that year, survivors and witnesses presented testimonies before Judge Miguel Ángel Gálvez Aguilar who precedes High Risk Court B.
Arrests were made for Reyes Girón and Valdés Asij in June 14, 2014. On June 23, the first hearing was held and in October, the intermediate phase began which prompted the judge to request a trial date. Immediately after the defense filed a writ of amparo, a legal remedy for the protection of constitutional rights, which was rejected by the Constitutional Court in April of 2015.
In March, April and May of 2015, hearings were suspended because the defense attorneys were not present and because of health problems by Francisco Esteelmer Reyes Girón. Esteelmer Girón had been hospitalized and the defense stated that he was in “poor health.” On June 23, the judge restarted the public debate and the case was sent to the High Risk Court A, comprised by judges Yassmín Barrios, Patricia Bustamante and Gerbi Sical.
On February 1 of this year, the trial began. It faces many challenges, both in the domain of public opinion, as well as in the trial itself. The defense continues to defame survivors’ organizations, witnesses and uses legal methods to delay the trial. Many organizations have denounced the defense’s methods as a way to evade justice and promote a culture of impunity. Jo-Marie Burt from the Washington Office on Latin America reiterates that “the challenge here is to prove that these types of crimes can be investigated, brought to trial and judged. And to seek to generate mechanism or protocols for the army understand that violence against women cannot be used as an instrument of war, and that women are not war trophies.”
On February 9, the plaintiffs presented over 30 boxes as evidence which contained the remains found in various exhumations which the Forensic Anthropology Foundation of Guatemala (Fundacion de Antropologia Forense de Guatemala, FAFG) conducted. As the contents of the boxes were presented, many people who attended the trial as observers and supporters walked out of the courtroom because of their graphic nature. Evidence of this nature has not always been used at such trials, making it an even more important method of illustrating the magnitude of the crimes.
As a show of support for the Maya Q’eqchi’ women who will be testifying, women from various regions across the country have been present through the trial. As the country watches another historic trial unfold, the survivors are clear on their position. They seek justice and will not rest in peace until justice is served. They want to bring the issue of sexual violence into the public conversation and to show that it is hard for women to speak out against this type of violence. They want their voices to be heard, their truth to be known. They want society to understand that what happened to them was not their fault, and most importantly, that no other woman in Guatemala, or anywhere in the world, experiences what they lived through.
Jhonathan F. Gómez, is a documentary photographer currently living in Guatemala City. He is commitment to documenting the subaltern and diasporic realities of Guatemala as they relate to historic memory, race, class, gender, sexuality, identity and justice.
Featured image: Indigenous woman testifies at a law court in Guatemala, 2012. Photo: Sandra Sebastián
Guatemala’s recent history bears the mark of a 36 year long, painful internal armed conflict, during which the State systematically violated the rights of the Mayan population.
Indigenous women have particularly suffered from the conflict. They have been victims of rape, abuse and sexual slavery.
WOMEN’S ALLIANCE AGAINST IMPUNITY
Women’s organizations have played an important role in spreading information on the legal actions and in collecting and documenting the testimonies of several of them, who are now over 50 and suffer from severe PTSD.
The Alianza Rompiendo el Silencio y la Impunidad (Alliance Breaking the Silence and Impunity), including organizations such as Mujeres Transformando el Mundo(Women Changing the World – MTM), the Equipo de Estudios Comunitarios y de Acción Psicosocial (Community Studies and Psychosocial Action Team – ECAP) and the Unión Nacional de Mujeres Guatemaltecas (National Union of Guatemalan Women -UNAMG) has been active since 2009 providing support to women and following up on the cases.
The three organizations play different roles in promoting public debate on the cases: MTM is in charge of the judicial strategy, ECAP offers psychosocial support to the victims and UNAMG works on the public stance of the plaintiffs.
SEPUR ZARCO: A CASE THAT MAY SET A PRECEDENT
Sepur Zarco is a community located on the border between the departments of Alta Verapaz and Izabal, in northern Guatemala. Six military detachments settled in this region during the internal armed conflict for the purpose of extermination and torture.
In 1982, the army captured the men of the Mayan community and their widows underwent domestic slavery, sexual violence and sexual slavery.
The abuses were committed by the army of Guatemala for six consecutive months, during which women did shifts every 3 days to cook and clean and wash military uniforms, and were individually and collectively raped over and over again.
Some of them described how they were injected and forced to take birth control medicines to prevent pregnancies.
After setting up a Tribunal of Conscience Against Sexual Violence in 2010, indigenous women decided to take the case to the formal justice system and filed a lawsuit in 2011.
The case is the first to reach the Guatemalan national courts for crimes of international significance against women.
As for its typification and in accordance with the Historical Clarification Commission, rape during the internal armed conflict was used in a widespread, massive and systematic way as part of the counterinsurgency policy of the State.
Therefore, sexual violence is a crime against humanity, a war crime and a constituent element of genocide.
In the post-conflict phase, though, sexual violence as a crime against humanity is still invisible.
That is why it is expected that the evidence and the proceedings will arouse national and international interest and allow for a new phase of discussion and historical reparation for fierce racism in the country.
The public trial will be held in Guatemala City on February 1, 2016. There are two defendants.
Guatemalan women’s organizations call on all stakeholders to make a positive contribution to the trial, to attend public hearings and duly oversee the proceedings.
Article first published in Spanish by Servindi. Translated by Open Democracy and republished by Intercontinental Cry under a Creative Commons License.
In a second major win for Indigenous-led environmental movements—and other mobilizations in defense of nature—an appellate court in Guatemala has upheld the unprecedented charge of ecocide against Spanish African palm oil corporation, Empresa Reforestadora de Palma de Petén SA—otherwise known as REPSA—denying a recent appeal that sought to overturn it.
The company has been accused of criminally negligent activity resulting in massive die-offs of fish and other wildlife in and around the La Pasión River, disrupting the lives of tens of thousands of Guatemalans living in the region.
Judge Carla Hernandez, of the Peten Environmental Crimes Court, ordered RESPA to suspend production activity for six months in September 2015 while the charges were fully investigated; though recent reports suggest that RESPA has yet to fully, if remotely, comply.
IC reported on the burgeoning trend of ecocide via pollution linked to palm oil production in Guatemala’s waterways in 2014. In June of 2015, the situation grew inescapably dire as mounting counts of fish die-offs spiraled from counts in the hundreds in 2014, to the millions in 2015. In response to the exploding ecological crisis, activists mobilized all over the world; and as with the case in 2014, at least one life was taken in a counter-attack orchestrated—allegedly—by the corporate industrial complex of ‘big palma’.
On September 18, 2015, Indigenous professor, human rights defender and vocal RESPA critic, Rigoberto Lima Choc, was killed outside of the courthouse following Judge Hernandez’s ruling for a six month suspension of RESPA operations in the region. Choc was the first activist to document the extensive socio-environmental damage occurring at the hands of REPSA, and took the charge of ecocide directly to the authorities. His murder followed the abduction and release of three other human rights defenders, fellow members of the Comisión por la Defensa de la Vida y la Naturaleza (Commission for the Defense of Live and Nature). During a brief period of contact with their families in the midst of the kidnapping, the Comisión activists relayed that they were being held in conjunction with the ceasing of RESPA’s operations.
With momentum accumulating from official complaints filed against palm oil activity in 2013, and 2014, the RESPA case was spearheaded by this collaboration of local groups operating as the Comisión por la Defensa de la Vida y la Naturaleza. Together, they filed a lawsuit against RESPA on June 11, 2015. Maya Q’eqchi community leader, Saul Paau – who has also been vocal about the larger schema of such catastrophes being related to, and unintended consequences of, the Central American Free Trade (CAFTA) – gave a statement to the Guatemala Indymedia Center, saying:
We can call the case a crime against humanity, because not only were various species of the river dying, but the river is also part of our historical culture, or our territory. We get our food from it, and the contamination and the fish deaths today have violated the food security of all of us.
The United Nations has expressed its own concern over the environmental impact of RESPA operations in Guatemala, and confirmed how their criminal negligence has impacted over 20 different species of fish, and over 20 more different species of reptiles, birds, and mammals. Guatemalan U.N. coordinator, Valerie Julliand, explained how water pollution impacts myriad facets of community and individual life, including such core foundational activities as eating, drinking, and basic hygiene. She further described the “psychological impact” such destruction had on local families and how this compounded the situation for those that were “mourning the loss of the river”—the brutal and sudden loss of their personal and community lifeline. Julliand cited U.N. statistics regarding how every ton of palm oil produced around 2.5 to 3.74 tons of industrial waste.
Photo: Rolanda García H. via Santiago Boton, 2014
Rosalito Barrios, of the San Carlos de Guatemala Chemical Sciences Department, documented that pollution from RESPA’s industrial activity formed a 70-centimeter layer of toxins covering the entire surface of the river, effectively suffocating any life therein. This unfathomable mass killing is foundational to, and demonstrative of, the willful or negligent crime against humanity—and crime against peace—conceived of as ‘ecocide’.
ECOCIDE, THE 5TH CRIME AGAINST PEACE
The following TED talk is from environmental lawyer, Polly Higgins, who has been especially instrumental in gaining traction for ecocide and earth rights in the ongoing trajectory of international law.
