Featured image: Francisco Tiul Tut mourns the burning and destruction of his home in Barrio La Revolucion. On January 8th and 9th, 2007, the Guatemalan Nickel Company, local subsidiary of Canadian Skye Resources, ordered the forced eviction of five Q’eqchi’ Mayan communities around Lake Izabal in El Estor and Panzos, Guatemala (Photo: James Rodríguez/mimundo.org)
While much of the controversy surrounding Canada’s extractive industry centers on oil and gas projects like SWN Resources’ drilling plans in New Brunswick, Enbridge’s Line 9 pipeline and the widely felt impact of Tar Sands extraction in Alberta, there is a significant lack of debate concerning Canada’s larger and much more influential mining sector.
It’s estimated that 75% of the world’s mining and exploration companies are based in Canada. Collectively, they account for 42 billion dollars of Canada’s gross domestic product, making mining and exploration one of Canada’s most economically powerful sectors. Some 40% of global mining capital is raised on the Toronto Stock Exchange. The impact of Canada’s mining sector, however, goes far beyond mere facts and figures.
Wherever Canadian mining companies operate, they have an indelible imprint on the social, political and environmental realities in which they insert themselves. In countries that are politically unstable or where a culture of impunity is permitted to thrive, that imprint can span generations with successive mining companies following in the footsteps of their predecessors. Such is the legacy of shame that the Maya Q’eqchi people in Guatemala have been forced to endure for the last half century.
The “Fenix” Mining Project in El Estor, Guatemala. Established in 1965 as the EXMIBAL nickel mine owned by Canadian mining firm INCO, the project was transferred to the Guatemalan Nickel Company (CGN) in 2005 after the expiration of the original 40-year license. CGN was the local subsidiary of Canadian Skye Resources, a junior mining company comprised of former INCO directors. Skye was bought by HudBay in 2008, and the project sold to the Russian-based Solway group in 2011. (Photo: James Rodríguez/mimundo.org)
For the average Canadian, the effects of mining and other forms of resource extraction are not immediately apparent; indeed, those who tend to benefit the most from such projects also tend to be shielded from the harsh realities that befall those who are affected by them, as Mi’kmaq lawyer and activist Pam Palmater toldIntercontinental Cry (IC).
“People in far-away cities may enjoy oil for their cars, diamonds from their city jeweler, or minerals needed to build cities and never have to see the housing crisis and lands stripped of trees and wildlife, or see the deformed fish and contaminated water.”
“The people who benefit are separated from the people who pay the social and environmental price,” she added.
For more than two years, Palmater, who leads the Centre for Indigenous Governance at Ryerson University, worked closely with Mathias Colomb Cree Nation (MCCN) Chief Arlen Dumas, who, in 2013, served two Stop Work Orders to Hudson Bay Mining and Smelting Ltd (Hudbay) in connection to the Lalor mine project in Northern Manitoba. According to Chief Dumas, Hudbay failed to obtain MCCN consent to operate its proposed mine, situated on unceded MCCN lands. Soon after the Stop Work Orders were delivered, Hudbay sought out and obtained a court injunction against Palmater and Chief Dumas, restraining them and others from interfering with access to the company’s property.
A long line of Canadian mining companies have adopted a similar modus operandi, avoiding their constitutional obligation to consult, accommodate or even inform First Nations before seeking approval of mining projects that could adversely affect their indigenous rights.
Far more companies have been under fire for human rights abuses and other transgressions that took place outside of Canada. Among them, there is Barrick Gold, Fortuna Silver, Sherritt International, IAMGOLD, Curis Resources, Tahoe Resources Inc., Denison Mines Corp., First Majestic Silver, TVI Resource Development, Inc., Nevsun Resources Ltd., New Gold Inc., and GoldCorp.
In their unyielding pursuit for justice and accountability, Indigenous Peoples are presently pursuing at least three of these companies in Canada’s court system. Foremost among them is Hudbay Minerals.
In 2010, Toronto-based law firm Klippensteins Barristers & Solicitors filed a set of civil suits against Hudbay Minerals on behalf of Maya Q’eqchi people in Guatemala who suffered three separate injustices in connection to the Fenix Mining Project in El Estor municipality near the Pacific Coast.
The ongoing case against Hudbay Minerals centers on the actions of its former subsidiary Guatemalan Nickel Company (CGN) and security forces hired by CGN between 2007 and 2009, specifically the murder of Adolfo Ich Chaman, a respected community leader; the attempted murder of German Chub, who was paralyzed after being shot at close range; and the gang rape of eleven women.
The case is widely considered to be a major step forward to holding the Canadian mining sector to account for its actions abroad.
The story of Hudbay in Guatemala goes back several decades to another Canadian mining company, INCO (now Brazilian company Vale). Linking together the history of INCO and Hudbay in this Central American country is crucial to understanding not only the Canadian mining sector but also its role around the world.
HISTORY OF INCO IN GUATEMALA
The violence against Indigenous Peoples who have opposed mining in Guatemala should be viewed as part of the wider violence that swept through the country in the 1950s when a military coup overthrew a democratically-elected government. “The history of INCO in Guatemala is [in its simplest form] the history of the military coup in 1954 and then the aftermath of that military coup”, Graham Russell, director at Rights Action network, stated in an interview with IC.
From 1944 to 1954 two nationalist, reformist and capitalist regimes attempted to modernize and equalize the country[1]. Part of this effort stemmed from a moderate agrarian reform bill in 1952 that would have redistributed hundreds of thousands of acres of land to landless peasants. This bill greatly affected the United States-based United Fruit Company (UFC), which was at the time the largest landholder and employer in Guatemala. Seeing the bill as a threat to its deeply entrenched economic interests, UFC hired legendary public relations expert Edward Bernays to carry out an intense misinformation portraying then-president Jacobo Arbenz Guzmán as a communist threat. While Bernays was busy winning hearts and minds, the company carried out an equally energetic lobbying effort back home to convince lawmakers and the U.S. public that Guatemala desperately needed a regime change.
Once U.S. President Dwight D. Eisenhower came to office, it wasn’t long before he authorized Operation PBSUCCESS, a covert op in which the United States Central Intelligence Agency (CIA) funded, armed, and trained 480 men led by Carlos Castillo Armas, the first of many dictators to succeed Guatemala’s presidency.
A long and brutal civil war ensued that would – over the course of 36 years – take the lives of more than 200,000 civilians and displace more than 1.5 million, culminating in a genocidal rampage against the Maya in the 1980s.
INCO had its own role to play in this vicious circle of violence. The Guatemalan military repeatedly used the company’s airplane landing strip to bring in soldiers and INCO trucks to transport them to Maya Q’eqchi lands for de-population. Graham Russell told IC that INCO’s position in the mining industry was a key factor as well, explaining that “…at this point (INCO) was the biggest private investor in all of Central America, not just Guatemala. These brutal military regimes and the wave of brutal violence starting in the late 60s and all through the 70s was directly associated to INCO’s mining interests in Guatemala.”
INCO was able to gain its status in Central America by cultivating a monopoly on nickel extraction. The company controlled nearly 54 percent of the nickel market in the West. During the 1950s it controlled 75 to 80 percent of the US nickel market[2]. Part of building this monopoly also involved Nazi war profiteering. Prior to World War II, INCO arranged a cartel agreement with the German company I.G.Farben to allow the stockpiling of nickel for the Nazi war effort[3].
INCO and the U.S. Hanna mining company formed Izabal Mining Operations Company (EXMIBAL), a subsidiary company, to operate in Guatemala in 1962. EXMIBAL attained a tax-exemption in Guatemala in 1968 for leading what was described as an “industry of transformation.” Under its contract, EXMIBAL would pay the Guatemalan government $23,000, a tiny fraction of the estimated $10 million it would make each year between 1971 and 1980.
With the civil war well underway, both government and private security forces seized the opportunity to remove any indigenous-led opposition to mining under the auspices of fighting communism. Over 400 massacres were carried out during the period of the civil war, including the notorious slaughter of more than 100 Q’eqchi who were peacefully protesting EXMIBAL’s mining operation in El Estor.
Although there was considerable resistance to EXMIBAL’s mining operation and controversy over how little INCO paid in taxes what lead to the end of the company’s mining operation was the 1980 demand from the military government of Romeo Lucas Garcia that EXMIBAL pay 5% of the value of nickel extracted to the Guatemalan government. EXMIBAL suspended operations and left Guatemala, retaining rights to its mining concession.
In 2003, the former director of INCO became the president and executive of the Canadian company Skye resources. Days before the 40-year concession on the old EXMIBAL mine expired, it was transferred to CGN, the local subsidiary of Canadian Skye Resources (purchased by Hudbay Minerals in 2008). The concession also gave CGN the “right” to expel the Maya Q’eqchi. In 2006, the International Labour Organization (ILO), a branch of the United Nations, held that Guatemala broke ILO Convention 169, a binding international law, by failing to carry out free and prior consultations with the Maya Q’eqchi. Five years prior to this, in 2001, the constitutional court of Guatemala held that the property rights of the land in question belonged to the Maya Q’eqchi. Both rulings were ignored by the Guatemalan government and CGN.
As if tearing a page straight out of Guatemala’s civil war, CGN proceeded to order the eviction of five indigenous communities from the concession area. In January 2007, a combined police and military force arrived to carry the order out with help from residents from neighboring areas who were trucked in by CGN. During the eviction, hundreds of homes were burned to the ground and, in the community of Lote Ocho, a total of 11 women were gang raped by CGN’s mine security personnel and members of Guatemala’s police and military forces.
Homes in the community of Barrio La Revolucion are burned and destroyed by personnel hired by the Guatemalan Nickel Company (CGN). (Photo: James Rodríguez/mimundo.org)
One year later, HudBay Minerals purchased Skye Resources and promptly changed the company’s name to HMI Nickel Inc.
Despite the re-branding, however, the Maya Q’eqchi would continue to face a routine of repression with HudBay’s security forces shooting and killing Adolfo Ich Chaman and paralyzing German Chub Choc in 2009. One year later, Angelica Choc, the wife of Adolfo Ich Chaman, announced her intent to sue HudBay Minerals and its subsidiary in Canada.
Eager to evade a potentially catastrophic ruling, HudBay Minerals promptly sold CGN, the Fenix mine and its other Guatemalan assets to the Cyprus-based Solway Investment Group. The sale, however, did not deter Canada’s courts from agreeing to hear the case(s) against Hudbay.
PATHWAYS TO JUSTICE
A favorable ruling could have far-reaching implications not only for Hudbay but for the entire Canadian mining sector. As Graham Russell explained to IC,
“…there is a growing number of Canadians becoming aware that there are hundreds, if not more, [Canadian mining companies] operating in many places around the world [that] are often involved in creating environmental harm or contributing directly or indirectly in serious human rights violations including killings and gang rapes.”
The possibility that anyone who suffers at the hands of a Canadian mining company could turn to Canada for their day in court could very well change the face of the industry.
Katherine Fultz, visiting Instructor of Anthropology at Pitzer College in Claremont, CA, who has studied opposition to mining in the Highlands of Guatemala, told IC by phone that community referendums as a tool to resist mining projects are also gaining popularity among mine-affected communities:
“It actually started elsewhere in Latin America. The first one was held in Peru and a number were held in Argentina and later in Columbia … Guatemala has held more than any other country with more than sixty votes at this point. Over half a million people have participated in them.”
These community referendums have rejuvenated anti-mining activism in the highlands of Guatemala leading many communities to take direct legal action against the Guatemalan government to protest mining on a national level.
Recently, the Guatemalan constitutional court ordered the suspension of two hydro-power mega projects (Vega I and Vega II) for failure to properly consult with affected Indigenous communities. Other mining projects have also been suspended due to lack of consultation with indigenous communities. In one case, the rural community of Zunil in the municipality of Quetzaltenango carried out referendums (consulta) declaring their territory to be a mining free zone.
An avenue that Canadians can use to stop international human rights abuses by mining companies may one day be found in Canada. In 2009, Liberal MP for Scarborough-Guildwood John McKay introduced Bill C-300 as a private members bill to the Canadian House of Commons. The bill called for the creation of an ombudsperson that would oversee Canadian mining firms. Bill C-300 ultimately lost by six votes in 2009, even though the NDP and Liberals held a majority in the House of Commons at the time. McKay said in a recent interview that, although he thinks existing structures that oversee mining companies need to be strengthened, re-introducing the bill is a high priority for the Liberal government.
Instead of the provisions in Bill C-300, Canadian mining and extraction companies fall under “Building the Canadian Advantage” (BCA) which the Conservative government put in place instead of Bill C-300. Viewed by critics as an irresponsible PR gimmick, BCA moved Canadian International Development Agency (CIDA) funds to support community projects run by Canadian mining companies and created a Corporate Social Responsibility (CSR) councilor to mediate disputes between affected communities and mining companies. None of these provisions, however, are binding; and while there is strong language about protecting human rights in BCA they are little more than guidelines that companies are under no obligation to follow.
The historical and contemporary case of Canadian mining companies operating in Central America shows that one should have no illusions about the role these companies play around the world. While building more north-south solidarity and mine-affected communities holding referendums are positive steps on the road to justice, there is the bigger issue related to the way that mining is tied to larger social, political, environmental and economic realities.
In an interview with Canadian Dimension Magazine, Alain Deneault, who was sued along with his co-author and publisher by Barrick Gold for the exposé Noir Canada, ties together the issues of over-consumption and planned obsolescence to the mining industry. “If we could put all of these questions on the agenda at the same time, we could say, okay, maybe it’s worthwhile to dig that hole in that specific area because we need zinc, but we’ll use it carefully. We’ll exploit zinc carefully because we’ll make sure that what we dig out will be recycled in many objects that we will use.” Deneaut went on to advocate for the creation of a permanent and independent commission of inquiry that would have powers to not only inquire into the activities of corporations but also summon their representatives to appear and submit documents.
For now, the more the Canadian public is informed about the activities of Canadian mining companies, the better. Pam Palmater advocates for a broad approach to bring Canadian mining companies abuses to light and urges that we work together to fight for our collective futures:
“…the more the public knows about the destructive activities of mining companies, who’s really profiting and what it means for our collective futures, the better chance we have at forcing change through varied means used simultaneously – including protests, court cases, political pressure, shareholder pressure, advocacy at the international level and building allies amongst social justice activists, environmentalists, scientists, First Nations, other countries, politicians and legislators.”
Notes[1] Guatemala: the politics of violence pg 1.
Women from various Guatemalan communities struggling against resource extraction projects often face repression, criminalization, and violence. Mining projects and resource extraction in Guatemala exacerbate the discrimination and violence that women face in all areas of Guatemalan society, Rights Action Director Grahame Russell told teleSUR English Thursday.
“Repression and human rights violations caused by global mining operations in Guatemala have added negative effects on women in general and indigenous women in particular,” Russell told teleSUR English.
Russell’s comments come after human rights defenders slammed Guatemala’s widespread resource extraction on Wednesday for violating human rights, especially the rights of women, who often face attacks, sexual violence, and social and political repression for their work defending land and natural resources.
“Participants in the ‘We are Rights Defenders’ Forum.”
Women from various communities struggling against unwanted resource extraction projects throughout the country gathered in the capital Guatemala City to discuss the repression, criminalization, and violence disproportionately faced by women rights defenders, especially indigenous women, Prensa Latina reported.
Among the representatives were women from the community of La Puya, in central Guatemala, where they are key leaders in the blockade against the construction of a gold mine and central to the movement’s strategy of nonviolent resistance.
The women called attention to the links between violence against women and the development model in Guatemala based on privatization, mining extraction, and exploitation of natural resources.
“When repression is committed by mining company security guards, soldiers, and police, rape and sexualized violence have also been used against women and girls,” said Russell. “When communities suffer health harm due to mining contaminated water sources, women and children suffer the consequences most.”
Forced displacement can also disproportionately impact women, Russell explained, as men sometimes accept low-paying mining jobs in exchange for their land behind the backs of women.
“For the rights of each one of the 58 million rural women in Latin America.”
According to women’s organizations present at the event, a femicide is committed in Guatemala every 10 hours, and one in every 10 women experience some form of gender violence. Guatemala, along with neighboring Central American countries El Salvador and Honduras, are among the worst countries in the world for gender violence and femicide.
Guatemalan activist, feminist artist, and politician Sandra Moran explained that women rights defenders regard women’s bodies, land, nature, history, and memory as all “territories in dispute,” Prensa Latina reported.
According to Moran, violence against women “is a mechanism and effect of structural, patriarchal, capitalist system,” and this violence is used by the state to “control resistance, alternative proposals, and to maintain control over the bodies, sexualities, and lives of women,” she told teleSUR English earlier this year.
The activists’ message echoed the findings of a recent report by the Mesoamerican Initiative of Women Humans Rights Defenders, which found that women defending land and territory in the face of mining operations and other projects between 2012 and 2014 were the most vulnerable among all women rights defenders in Central America and Mexico to gender violence, including harassment, abuse, assassination attempts, and other attacks.
“Thirty-two women human rights defenders were murdered between 2012 and 2014. We do not forget them nor will we stop asking for justice.”
“It is extremely difficult to hold mining companies or government authorities, including police and soldiers, accountable — both in Guatemala and in Canada and the U.S. where most companies are based — when they carry out mining-related repression in general, let alone when it has doubly negative impacts on women and girls. Mining companies operating in Guatemala benefit from and contribute directly to the reigning impunity and corruption,” said Russell, referencing the precedent-setting case attempting to hold Canada’s Hudbay Minerals accountable in Canadian court for the rape of 11 indigenous women.
The call for more attention to be paid to the plight of women rights defenders comes ahead of the conclusion of the COP21 climate summit in Paris, where organizations and activists have slammed the draft deal for being weak on human rights protection and the recognition of indigenous communities in the context of climate change.
According to Global Witness, Guatemala is one of the 10 most dangerous countries in world for land and environmental defenders.
Two Q’anjobal Maya community leaders who were imprisoned in Guatemala for the past two years, have finally been declared innocent and released. A regional Guatemalan criminal court found the two men to be absolved of all charges on October 28, 2015.
Rogelio Velasquez and Saul Mendez had been unfairly imprisoned as a result of their activism organizing against a Spanish hydroelectric dam project in their town of Santa Cruz Barillas, Huehuetenango. The two men have had a long trajectory as community leaders, participating in the organization and promotion of a community consultation in 2007 and again in 2011, in which members of the Indigenous Q’anjobal Maya community voted overwhelmingly to reject any outside companies from conducting resource exploration or extraction. The Spanish company has ignored these demonstrations; rather than respecting the autonomy of the community, have pushed violently and aggressively forward with their plans for a dam on the sacred Qam Balam river. Velasquez’ and Mendez’ villages were the first to rise up against the dam, as they were the most likely to be affected by the project.
This is the second stint that the men have done in prison. In May 2012, they were arbitrarily detained in Barillas after protesting outside of military headquarters after the assassination of their neighbor and fellow community leader Andres Francisco Miguel. Along with along with seven other men, they were illegally held in prison for 8 months, until finally being released in January 2013 after no charges were brought against them. In November 2012, the UN Working Group on Arbitrary Detention emitted a statement 46/2012 confirming that these arrests were arbitrary.
Then, eight months later, two men dressed as police officers- but lacking any police identification- detained Velasquez and Mendez and put them back in prison. Later charges were filed accusing the men of having “participated’’ in a public lynching that occurred three years earlier in 2010. Mendez and Velasquez have maintained their innocence.
In an interview the day before their trial on the 28th, Prensa Comunitaria reported that after two years, 2 months and one day in prison, the men remained as lively as ever. “We kept a promise to the town of Barillas and its people. We are in prison for defending what belongs to the community and that’s why we know that the people will support us,’’ they said. The men have lived in constant worry about their wives and children, the harvesting of their corn fields, and whether their families have had food to put on the table. They were forced to learn how to find hope even at the darkest of moments; Rogelio Velasquez has dedicated his time to learning to read and write. Saul Mendez has been weaving, creating sachels and bracelets decorated with the word “Libertad’’.
Arbitrary detention and the criminalization of human rights defenders has become a rampant epidemic in Guatemala, especially against Indigenous leaders.
The UN Office of the High Commissioner summary of stakeholder submissions to the Human Rights Council Working Group, during the Universal Periodic Review of Guatemala in 2012 noted,
“HRDs [Human Rights Defenders] continue to face death threats, physical attacks, killings and other forms of violence, mostly carried out by clandestine security organizations and illegal groups… The illegitimate use of criminal proceedings against HRDs prevented them from carrying out their legitimate activities… The worsening situation of human rights defenders was directly related to the failure to address land conflicts and the repressive policy pursued against indigenous communities who object to the use of their natural resources without prior consultation.”
The threats to the safety of Indigenous human rights defenders are growing, and it is left to be seen how Guatemala’s new president-elect Jimmy Morales’ administration will affect change. But for now, at least two more men have been able to return home to their families.
Territories of Life is a video toolkit with a purpose. It’s aim: to bring stories of resistance, resilience and hope to indigenous communities on the frontline of the global rush for land.
Produced by our friends at LifeMosaic, a non-profit based in Scotland, the Territories of Life toolkit consists of ten stories that were filmed in communities across Indonesia, Philippines, Guatemala, Ecuador, Colombia, Paraguay, Tanzania and Cameroon.
“The videos in the Territories of Life toolkit share inspirational stories of communities that are successfully organizing to defend their territories and their futures,” reads a press release from LifeMosaic. They include “The story of Maasai indigenous women in Tanzania who used awareness raising, protests and political pressure to lead a movement in defense of their territory; and the Misak indigenous people in Colombia who have developed and are carrying out their Plan de Vida, a long‐term vision for self-determined development.”
The toolkit also includes a few primers on land rights, land grabs, and common tactics that companies use to convince communities to accept and support their projects.
LifeMosaic goes on to say that, “The video toolkit and accompanying facilitators’ guide are intended to support indigenous peoples as they exercise their right to free, prior and informed consent; advocate for their rights; participate more actively in local spatial planning; and draw up village action plans for self‐determined development and for protecting their territories, forests and resources.”
It’s more than mere lip service. LifeMosaic is actively working with hundreds of local partners to facilitate the free distribution of Territories of Life to indigenous communities and supporting organizations around the world.
To order a copy of the toolkit, visit www.lifemosaic.net. If other groups request a DVD, LifeMosaic recommends a donation of $11 (£10). The videos can also be downloaded online at their website.
This article was originally published by Upside Down World on May 2, 2013, and is republished here with permission from the author.
With the world’s attention focused on the on-again off-again genocide trial of former Guatemalan dictator Efraín Ríos Montt and his head of military intelligence in Guatemala City, there has been little international reporting on other events in the Central American nation. Meanwhile, as the trial continues, conflicts involving rural communities and Canadian mining companies are escalating, to the point that a State of Siege was declared last night.
Fifty miles southeast of the capital, private security guards working for Vancouver-based mining firm Tahoe Resources shot and wounded several local residents on Saturday in San Rafael Las Flores, on the road in front of Tahoe’s El Escobal silver mine. The mining company’s head of security was arrested while attempting to flee the country. A police officer and a campesino were killed during conflicts earlier this week. Through it all, demonstrations against the mining project have continued amid conflicting reports and government misinformation.
Following a Cabinet meeting late last night, Guatemalan President Otto Pérez Molina declared a 30-day State of Siege in four municipalities around the El Escobal mining project: San Rafael Las Flores and Casillas in the department of Santa Rosa, and Jalapa and Mataquescuintla in the department of Jalapa. The measure is in effect as of today. Initial reports indicated that the constitutional rights suspended include freedom of movement, freedom of assembly and protest, and certain rights of detainees and prisoners.
Even before the measure was declared, communities were denouncing army mobilization in the region last night. When he announced the State of Siege, Pérez Molina stated that security forces reported for duty at three military bases last night and that operatives would begin early this morning.
“We fear for the lives of our leaders,” stated a message circulated online by the Xinka People’s Parliament, denouncing the mobilization of armed forces in Jutiapa with the alleged intention of arresting Xinka leaders in Santa María Xalapán, Jalapa. “We’re returning to the 1980s, with the persecution of leaders, extrajudicial execution and forced disappearance.”
Two weeks ago, Guatemalan Minister of the Interior Mauricio López Bonilla announced that executive and judicial officials were analyzing the possibility of declaring a State of Emergency in at least 30 municipalities throughout the country, due to violence. The government, according to the April 16 announcement, had anticipated finalizing the details of its evaluation of “red zones” within two weeks and implementing the measures suspending constitutional rights, possibly within three weeks to a month. At the time, mining was not mentioned.
The suspension of constitutional rights did not come as a surprise to Moisés Divas, Coordinator of the Diocesan Commission in Defense of Nature (CODIDENA) in Santa Rosa.
“The extent of the reaction from both the company and the State has completely violated people’s constitutional right to protest,” Divas told Upside Down World in a telephone interview on Monday. At the time, he was in Guatemala City accompanying some of the wounded San Rafael Las Flores residents at the Office of the Public Prosecutor, where they were being seen by a medical examiner.
“They no longer even respect human life. The government officials who should be at the service of the population have now turned against the population to defend a transnational project,” said Divas.
Tahoe Resources owns the El Escobal mine, but Vancouver-based mining giant Goldcorp retained a 40 percent ownership interest in Tahoe when it sold the project in 2010. Still under construction, El Escobal was granted an exploitation license by the Guatemalan government on April 3 amid widespread protest and threats against opponents. Five days later, the community-based movement against mining in San Rafael Las Flores began an ongoing resistance camp on privately owned land less than 200 feet from the mine’s front gate. Despite a violent eviction on April 11, when 26 people were arrested and held for four days before being released without charges, the resistance maintained its presence at the camp.
On Saturday, April 27, a group of local residents left the resistance camp along the road that passes directly in front of the mine, heading towards the community of El Volcancito. When they passed the front gate, security guards opened fire on them from the other side.
“The mining company ordered the shooting against people there, injuring more than 10 people with gunshot wounds,” said Divas. “Six of them were taken to get medical assistance in Cuilapa and two to the Roosevelt Hospital in the capital, because they found evidence of serious injury.”
Wilmer Pérez, 17, Antonio Humberto Castillo, 48, Noé Aguilar Castillo, 27, and Érick Fernando Castillo, 27, were all released after medical treatment in Cuilapa. Adolfo García, 57, and his son Luis García, 18, were taken to Guatemala City. Adolfo García was later released, but his son Luis remained in hospital care. The 18-year-old was shot in the face, suffered extensive damage to his jaw, lip, and teeth, and requires maxillofacial surgery.
Alberto Rotondo, Tahoe’s Chilean head of security, was overheard giving the order to shoot, among other comments and insults, while some of the injured have stated that they saw him draw and fire a weapon as well. According to a Prensa Comunitaria article posted that same night, local witnesses said that Rotondo “ordered [the security guards] to shoot, saying that they are fed up with all this garbage, referring to our people. They insulted them, and then they loaded their rifles and began to shoot at them.”
Rotondo was later arrested at the airport attempting to flee the country on Tuesday morning, accused of attempted homicide for his role in the April 27 shooting. After his case was transferred from the capital to Santa Rosa, he was sent to the maximum security prison in Cuilapa. According to Prensa Libre coverage, a judge in Guatemala City also issued arrest warrants for three other individuals with regards to Saturday’s shooting.
On Monday morning, Minister of the Interior Mauricio López confirmed that El Escobal mine security guards had shot at local residents. But despite all evidence to the contrary, he also said that the residents had been attempting to forcibly enter the mine site at the time and stated that only rubber bullets were used.
Oscar Morales García, a member of the Committee in Defense of Life in San Rafael Las Flores that has been mobilizing against the mining project and organizing community consultations, says the statements are simply untrue.
“There are people who were shot with real bullets. One has a bullet lodged in his body and it was decided that it’s better if it stays there instead of taking it out. And the other youth, the son, whose face was disfigured when he was shot. Those aren’t rubber bullets,” he told Upside Down World in a telephone interview on Monday.
Morales García also says that there may have been less evidence had it not been for the actions of local community residents on Saturday.
“After the attack against those six people, the national police force and the mine guards came out, intending to remove evidence, to drive their vehicles over the crime scene, and to pick up the bullet casings. But some of the people who were there didn’t let that happen. They told the police to get back and then protected the crime scene,” he said. “After six, eight hours of waiting for representatives from the Office of the Public Prosecutor to arrive, yes, they found evidence. The evidence was there. The crime scene had been protected by civilians.”
López Bonilla’s assertion that rubber bullets were used wasn’t the only government statement to be called into question on Monday. Presiding over the signing of a new royalty agreement between Tahoe Resources and the Ministry of Energy and Mines, Guatemalan President Otto Pérez Molina said that there is community support for the mine.
According to the new voluntary contribution agreement, Tahoe will pay five percent in royalties instead of the one percent required by the country’s mining legislation. The additional funds will be distributed to several different municipal governments in the departments of Santa Rosa and Jalapa. The mayor of San Rafael Las Flores was present at the signing ceremony in the capital along with several other elected municipal leaders.
“I saw the statements made by President of the Republic Otto Pérez Molina, saying that the population of San Rafael supports the mining company,” said CODIDENA Coordinator Moisés Divas. That same day, he said, San Rafael Las Flores residents were out in the streets in huge numbers to protest the agreement. “I don’t know what argument or foundation he used to say that people support the mining company.”
Community consultations are underway in San Rafael Las Flores. Eight have been carried out in as many communities. More than 1,200 people have said no to mining and only eight individuals have voted in favor of mining, said both Divas and Morales García. The overwhelming majority of the thousands of people who participated in municipal-level consultations in other municipalities in Santa Rosa – Casillas, Nueva Santa Rosa and Vieja Santa Rosa – and Mataquescuintla in neighboring Jalapa have also rejected mining.
Morales García also rejected the allegation of local support. “The government just announced [on Monday] that we’re merely two or three people who don’t want mining in San Rafael, that everyone else agrees with it,” he said. Beyond just marginalizing the resistance, said Morales García, the government was acting in concert with the Minera San Rafael, Tahoe Resources’ Guatemalan subsidiary.
“What actually happens is one thing, and the version managed by the government and the mining company is something else. The best Minera San Rafael spokesperson here is Minister López Bonilla,” he added.
In 1982, then Second Lieutenant Mauricio López Bonilla was part of the “La Juntita” Young Officers Advisory Group working for the military junta led by Ríos Montt. He retired from the Army as a Lieutenant Colonel in 1997, shortly after the Peace Accords officially ended four decades of conflict in 1996. He later became the electoral campaign manager for current President Otto Pérez Molina, whose role in the brutal counterinsurgency campaign of the early 1980s in the Ixil region has again come into question during the genocide trial. López Bonillla was sworn into his Cabinet position when Pérez Molina began his term in January 2012.
A whole new set of statements made by López Bonilla came under fire on Tuesday, after a police officer was shot and killed in San Rafael Las Flores. The Minister of the Interior publicly accused Xinka leaders of orchestrating an operation to take 23 police officers hostage in Jalapa.
Community and regional leaders representing the non-Mayan Indigenous Xinka population in southeastern Guatemala have been outspoken opponents of El Escobal and mining in the region. Four Xinka community leaders were abducted by armed masked men on March 17 while on their way home to the neighboring department of Jalapa after observing the community consultation process in El Volcancito, San Rafael las Flores.
Rigoberto Aguilar and Roberto López, both local leaders of the Indigenous Xinka Community of Santa María Xalapán, managed to escape. Roberto González Ucelo, President of the Indigenous Xinka Community of Santa María Xalapán and of the Xinka Parliament, survived after a police operative was sent in. But Exaltación Marcos Ucelo, Secretary of the Xinka Parliament, was found dead. Now six weeks later, the Xinka Parliament has denounced that no progress has been made to bring those responsible to justice.
In an atmosphere of heightened tension after Saturday’s shooting by El Escobal security forces, communities mobilized in San Rafael Las Flores and Jalapa against the mining project on Monday, denouncing the agreement being signed in the capital between Tahoe and the government and the presence of municipal authorities at the event. Conflicts involving the national police force ensued in both locations. In San Rafael Las Flores, a police officer was shot and killed on Tuesday morning when police attempted to evict the community resistance. In Jalapa, 23 police officers were taken hostage and disarmed on Monday afternoon at a blockade between the town of Jalapa and Mataquescuintla. A massive police response involving some 2,000 officers was sent to rescue the first group. In the process, on Tuesday morning, several police officers were wounded and a campesino was killed. Police vehicles were also torched and destroyed in both locations.
On Tuesday, Vice Minister of the Interior Edy Juárez publicly stated that community leader Rudy Pivaral was responsible for inciting violence in San Rafael Las Flores, leading to the death of police officer Eduardo Demetrio Camacho Orozco. Minister of the Interior López Bonilla publicly accused Xinka leaders Roberto González Ucelo and Rigoberto Ucelo of orchestrating the conflict in Jalapa and said he would hold them responsible for any acts carried out with the weapons taken from the police officers when they were held hostage.
“They hold me responsible for all the problems that occurred,” Xinka leader Roberto González Ucelo told the Independent Media Center (CMI) on Wednesday. “I have proof that I went to Cuilapa, I was in Cuilapa, so I didn’t organize [anything] because I was on my way to Cuilapa.” There was evidence of the trip, he said, from various receipts and the registration of his visit in the municipal office in Cuilapa.
An outpouring of support for the Xinka Parliament, community leaders and the local resistance to mining came from Indigenous, campesino and human rights organizations following the government accusations.
“The atmosphere is really tense here,” González Ucelo said of Santa María Xalapán. “I don’t know what’s going to happen.”
On Wednesday, the Office of the Public Prosecutor requested the arrest of 18 people on charges related to the conflicts earlier this week in San Rafael Las Flores and Jalapa. However, the suspension of constitutional rights regarding legal detention and interrogation under the State of Siege leaves community leaders and outspoken mining opponents in the region vulnerable to unchecked repression.
Largely silent throughout most of the recent developments, Tahoe Resources issued a statement on Wednesday, May 1, “to clarify inaccurate media reports about violent incidents that have broken out in recent days.” In line with the company’s response after the murder of Xinka leader Exaltación Marcos Ucelo, Tahoe claimed the incident in Jalapa had nothing whatsoever to do with the mine.
Regarding protests against the mining project, Tahoe Resources CEO Kevin McArthur stated that, “while many of these activities have been peaceful and respectful, violence from outside influences has escalated in the past weeks since we received our operating permit,” according to the statement.
“Tahoe’s Guatemala security manager was detained by authorities on Tuesday,” the company confirmed, but alleges the arrest was simply “due to the highly charged atmosphere and inaccurate press reports about Saturday’s events.”
Tahoe is also sticking to López Bonilla’s initial claim that only rubber bullets were used, adding that the Escobal security force acted to repel a hostile protest of some “20 people armed with machetes” at the mine gate. “We regret any injuries caused by rubber bullets, but we take the protection of our employees and the mine seriously,” said McArthur, according to the statement.
“As a result of the incidents in recent days, work at the mine has slowed and construction and development is expected to return to normal by Thursday,” according to the company statement.
But if the past couple months are any indication, there is no real normal when it comes to El Escobal. Normal has been ongoing community-based resistance in the face of violent repression, which will likely escalate under the State of Siege.
For Oscar Morales García, the “violence from outside influences” has come from Tahoe Resources. “The truth here is that the social peace was shattered when the mining company came to San Rafael,” he told Upside Down World.
Morales García knows that Annual General Meetings are coming up this month for Goldcorp (today, May 2, in Toronto) and Tahoe (May 9 in Vancouver), and he has a message for the shareholders of both companies.
“Tahoe’s silver, minerals and gold in San Rafael are now stained with blood. It may be true that the government authorized an exploitation license, but what would be called a social license for Minera San Rafael doesn’t exist here. It doesn’t exist and it never will,” said Morales García.
“The message for the shareholders is loud and strong,” he continued. “You don’t have a social license. The resistance is just beginning. And we’re in it for the long haul.”
