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PBI-Guatemala meets with AVECHAV for update on 21 members facing court date on March 30

By
Brent Patterson
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In their January 2022 Monthly Information Package, PBI-Guatemala reports:

“Regarding our accompaniment of the Residents Association of Chicoyogüito, Alta Verapaz (AVECHAV), we held a meeting with their members to update us on their activities and the progress of the legal proceedings faced by 21 members who have been accused of committing the crime of aggravated trespassing during their participation in a demonstration last year demanding their right to the land from which they were dispossessed in 1968.”

PBI-Guatemala has previously noted: “On October 6, 2021, we were present at the Cóban Courthouse to accompany the 21 community members of AVECHAV who were detained during a peaceful march on June 9, 2021, and who were later tried. The hearing was suspended and rescheduled for March 30, 2022.”

Background

The Indigenous Q’eqchi’ community of Chicoyogüito was violently displaced from their ancestral lands so that an army base – then known as Military Zone 21 – could be established in the department of Alta Verapaz. More than 200 families were displaced from those lands on July 28, 1968, by the military.

After the displacement of the community, the military base became a clandestine centre for illegal detention, torture, extrajudicial executions, enforced disappearance, and rape committed from 1978 to 1990.

At least 565 Indigenous people were disappeared at that base. The bodies identified are of Mayan Achí, Q’eqchi’, Pomochí, Ixil, and Kiché peoples.

The military base is considered the largest clandestine cemetery in Latin America.

The military base that displaced his community was rebranded in 2004 as Creompaz, a training base for UN peacekeepers funded by Canada and other countries.

Dawn Paley has written: “Regardless of the mass graves at the base, military and police training continues there, supported by countries like the US and Canada.” The support from Canada has included a CAD$250,000 grant in 2009 and the purchase of specialized equipment in 2014 for a training program at Creompaz.

Photo: CREOMPAZ, March 20, 2021.

At the bottom of this website (dated 2022), the Peace Operations Training Institute that partners with CREOMPAZ “to provide e-learning on peacekeeping courses” thanks Global Affairs Canada’s Peace and Stabilization Operations Programme for their funding.

Domingo, a member of AVECHAV, highlighted on a PBI-Canada webinar on July 15, 2021: “We know Canada has provided a lot of support for [the Creompaz peacekeeping base on our land]. But where is the peace that they say they are creating?”

On September 15, 2021, Domingo also presented to 4th year students at the University of Victoria about the situation for his community.

We will be following the court case for the criminalized AVECHAV members on March 30.

PBI-Guatemala has accompanied AVECHAV since 2015.

Past Monthly Information Packages from PBI-Guatemala can be read here.

“This land is ours”

Wet’suwet’en land defenders in court in Prince George following militarized RCMP invasion of their territory

By
Brent Patterson
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Photo: Haudenosaunee land defenders Skyler Williams, Layla Black and Logan Staats were among those arrested on November 18, 2021.

Today, February 14, we are following via social media the trial of Wet’suwet’en land defenders and water protectors.

Gidimt’en Checkpoint says: “Over thirty water protectors are appearing in BC Supreme Court in Prince George on February 14 after the RCMP invasion on Wet’suwet’en territory [on November 18 and 19] 2021.”

Their Tell your MP: We’re breaking up with Canada online action also highlights: “Valentine’s Day is a day of mourning for the countless missing and murdered Indigenous women and girls, for 2SLGBTQQIA peoples and their families across Turtle Island — not to take Wet’suwet’en people and their supporters to court for defending land that is rightfully theirs from the construction of an illegal pipeline.”

It continues: “We are asking you to observe this day with us by sending a letter to Canada’s elected officials asking that they honour and uphold their commitments to reconciliation by calling on Premier John Horgan and Attorney General David Eby to drop all charges laid against peaceful land defenders, legal observers & journalists.”

Gidimt’en Checkpoint has also just posted on Facebook: “The criminalization of our people and the blatant racism of the so-called justice system is especially pronounced now as we see how non-indigenous people are treated. The violence used against Indigenous women protecting Indigenous land is intentional. The kid gloves used in Ottawa is intentional. We will not allow this to continue for our children to grow up with.”

At this time, we also recall that the United Nations Committee on the Elimination of Racial Discrimination has called on Canada to stop construction of the Coastal GasLink pipeline on Wet’suwet’en territory and to remove the RCMP from those lands.

Gidimt’en Checkpoint has highlighted: “In the three large-scale police actions that have happened on Wet’suwet’en territory since January 2019, a total of 74 people have been arrested and detained, including legal observers and journalists.”

On November 19, 2021, PBI-Canada was present outside the courthouse and RCMP detachment in Smithers in solidarity with the land defenders and water protectors arrested the previous day by militarized RCMP.

PBI observes “Freedom Convoy” in Ottawa in context of violence and harassment of journalists, racialized communities

By
Brent Patterson
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On Sunday February 13, PBI-Guatemala and PBI-Canada observed the “Freedom Convoy” at Parliament Hill in downtown Ottawa as well as a community-organized blockade on Riverside Avenue of 25+ trucks that were en route to join the convoy.

PBI is assessing the applicability of our model of accompaniment of human rights defenders in Latin America to this situation in Ottawa.

Over the past 17 days of the Freedom Convoy, there have been multiple reports of threats, harassment and violence.

Health care workers

Ontario Public Service Employees Union president Warren Thomas says that there have been reports that health care workers in Ottawa have been harassed, blocked from going to work and have not felt safe amid the disruptive behaviour of the protest.

Thomas adds: “I always have and always will support people’s right to protest. But not when people’s lives are put in danger. It’s simply unacceptable that front-line health care workers are harassed and prevented from doing their vital work.”

Journalists

The Canadian Association of Journalists has noted: “Journalists have received death threats littered with racist epithets. Others have been spat on and verbally and physically harassed. In another case, the windows of a CBC/Radio-Canada news cruiser were broken.”

CAJ president Brent Jolly says: “Without a doubt, Canadians have the right to protest as a key component of our democratic process. Efforts to dehumanize and intimidate journalists from telling stories in the public interest, however, is antithetical to the very notions of ‘freedom’ that are being sought through this protest.”

Hate crimes

The National Observer has reported: “A Happy Goat Coffee Company shop on Elgin Street with a Pride flag in its storefront had its window smashed on Feb. 3.”

In this short video, a café worker describes how she and her co-workers were verbally assaulted, harassed, intimidated and called “dirty communists” by convoy participants for wearing masks at their workplace while serving customers.

The Canadian Anti-Hate Network adds: “This is a far-right convoy because — from day one — the organizers themselves are part of the far-right movement … and have made Islamophobic comments in the past.”

According to CTV, the Ottawa police hotline to report hate crimes has received more than 200 calls during the protest.”

Violence against women

There have also been reports of multiple threats against women.

Sarah Davis of the Cornerstone Housing for Women shelter in downtown Ottawa says: “Women are afraid to go out to access their supports and their services. The women really are feeling terrorized.”

Kaitlin Geiger-Bardswich of Women’s Shelters Canada adds: “Domestic violence is threats and harassment, like the defecating in front of homes with Pride flags, the racial and misogynistic slurs hurled at women and racialized people, and the rocks thrown at paramedics.”

Homeless man assaulted

The Ottawa Citizen has reported that a man who lives at a downtown homeless shelter was assaulted by Freedom Convoy protesters who then hurled racial slurs at a security guard who went to assist him.

That article adds: “A group of protesters associated with the convoy of truckers and supporters railing against COVID-19 health measures in downtown Ottawa harassed staff and demanded food from its soup kitchen in an altercation that lasted for hours.”

Appropriation and colonial violence

The Federation of Sovereign Indigenous Nations, Algonquins of Pikwakanagan, the Algonquin Anishinabeg Nation Tribal Council, and Kitigan Zibi Anishinabeg have expressed concerns about the misuse and appropriation of sacred, traditional objects and ceremonies.

Ontario Regional Chief Glen Hare says: “Cultural appropriation of First Nations ceremonial items and protocol is colonial violence.”

The Chiefs of the Northern Secwepemc te Qelmucw have also stated: “The Freedom Convoy has aligned itself with anti-Indigenous rhetoric and behaviours and does not reflect the [Every Child Matters movement], nor do the statements and the representations being made by this group on social media, reflect any semblance of free, prior and informed consent.”

“Double standard” in policing

It has also been highlighted how lightly the police have responded to this convoy in comparison to the militarized response seen against Indigenous land defenders.

In this statement, Leah Gazan, a Member of Parliament, says: “The double standard where Black Lives Matter protesters are surveilled by Canadian military intelligence and land defenders are criminalized is clear for all to see.”

Relationship between police/military and the convoy

CBC journalist Judy Trinh has reported that experts partly attribute the success of the Freedom Convoy occupation in Ottawa “to the deep knowledge of law enforcement and military tactics that exist in the convoy’s organizational structure.”

She highlights: “The group Police on Guard, formed during the pandemic, has endorsed the truck convoy.” That website identifies more than 150 mostly retired police officers and more than 50 former Canadian Forces soldiers.

International obligations

In their statement on the Freedom Convoy, Amnesty International Canada Secretary General Ketty Nivyabandi says: “Authorities hold an equal international obligation to protect people from violence and harassment, and to respect the rights of all protesters to peaceful assembly and expression of their views. Violence and harassment however are not part of exercising the right to freedom of peaceful assembly.”

We continue to follow this situation.

PBI-Guatemala comments on the UN Guiding Principles in the context of extractivist and exclusionary economic models

By
Brent Patterson
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Maria Caal Xol

PBI-Guatemala recently published a feature article titled: 10th anniversary of the Guiding Principles on Business and Human Rights: challenges for their implementation in Guatemala. Excerpts from that article include:

June 2021 marked the 10th anniversary of the unanimous endorsement by the United Nations Human Rights Council of the Guiding Principles on Business and Human Rights.

However, the implementation of the Principles remains a challenge at the global level and, particularly, in countries rich in natural resources such as Guatemala. The expansion of the private sector and the intensification of competition for these goods have contributed to the strengthening of extractivist and exclusionary economic models.

The implementation of these models has serious consequences for rural communities, indigenous peoples and human rights defenders who are very often the target of all kinds of attacks and threats when they dare to raise their voices against large-scale projects of various kinds: hydroelectric, mining, agribusiness, logging, etc.

The lack of guaranteed land rights experienced by indigenous communities makes them vulnerable to possible human rights violations caused by the implementation of transnational extractive projects.

“Many of our compañeros in different territories in Guatemala who have been imprisoned, sometimes sentenced to more than 30 years, are falsely accused of trespassing, when we are the legitimate owners of our territories,” comments María Caal Xol, leader of the Peaceful Resistance of Cahabón (Alta Verapaz), who has experienced human rights violations caused by the installation of hydroelectric projects on the Cahabón River.

Another problem is the lack of transparency, information and consultation with communities during the installation of projects in their territories.

Number 18 of the Guiding Principles establishes that companies should identify and assess the negative human rights impacts of their activities through substantive consultation with potentially affected groups.

However, the right to consultation is constantly violated and information on project impacts does not reach the communities.

The Guiding Principles establish access to justice as one of their fundamental pillars. However, the difficulties faced by communities affected by corporate projects in accessing an effective remedy remain significant.

Widespread impunity for attacks on human rights defenders and for illegalities committed within the context of economic projects also demonstrates how communities face serious challenges in securing effective access to justice.

In this sense, the genuine application of the Guiding Principles on Business and Human Rights continues to be a relevant challenge and an urgent necessity for respecting the human rights of communities affected by economic projects.

For María Caal Xol, the effective implementation of these Principles and human rights norms must begin with raising awareness among communities about their rights.

“It is in the interest of the State and the companies that the brothers and sisters do not speak out and do not demand their rights. But today, day by day, girls, young people, women and men are realizing that these rights do exist. It is necessary to raise awareness in each community, teaching them their rights.”

The full article by PBI-Guatemala can be read at 10th anniversary of the Guiding Principles on Business and Human Rights: challenges for their implementation in Guatemala.

Maria Caal Xol’s brother Bernardo was sentenced to seven years and four months in prison in November 2018 in retribution for opposing the construction of  hydroelectric dams without free, prior and informed consent on the Cahabón River.

PBI-Mexico has highlighted “notable deficiencies and concerning failures” in protection mechanism for journalists

By
Brent Patterson
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Photo: PBI-Mexico at a mobilization in Chihuahua for slain journalists, January 26.

On February 11, the Associated Press reported: “Even as Mexicans lament the killings of five reporters, photographers and videographers in just six weeks, they wonder: How is this happening, despite a 10-year-old program that is meant to protect journalists?”

The Peace Brigades International-Mexico Project has previously explained that a Protection Mechanism was created for journalists in Autumn 2010.

Later, the Law for the Protection of Human Rights Defenders and Journalists was signed into law in June 2012. That law obliges both federal and state authorities to protect the rights of journalists and human rights defenders.

In March 2020, PBI-Mexico commented “the Mechanism continues to demonstrate notable deficiencies and concerning failures.”

The year before that, PBI also highlighted: “The Mechanism can’t possibly address its shortcomings with its current budget and staffing levels. Providing additional funding would be the first step the Mexican government can take to ensure the Mechanism has the resources necessary to manage its rapidly growing caseload.”

The Associated Press article yesterday also reported: “International organizations continue to consider the country as the most dangerous in the Western Hemisphere to practice journalism, and the Committee to Protect Journalists declared these six weeks the ‘deadliest for the Mexican press in over a decade.’”

The CPJ says 33 journalists have been murdered since December 2018.

For more, please see the report Turning the Tide on Impunity: Protection and Access to Justice for Journalists and Human Rights Defenders in Mexico.

PBI-Colombia accompanies CREDHOS at press conference on threats by armed actors against 45 people

By
Brent Patterson
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On February 11, PBI-Colombia tweeted: “We accompanied @Credhos_Paz at a press conference on the serious increase in the presence of armed groups in Magdalena Medio with serious consequences in terms of human rights. Urgent measures are required to provide security guarantees in the region.”

CREDHOS also tweeted the photo above and a communique with the caption: “Expansion of armed groups and violations of Human Rights and Infractions of International Humanitarian Law in Magdalena Medio.”

This communique from CREDHOS states:

“During the month of January 2022, we recorded with great concern the expansion, positioning and control of armed groups in the territory.

The continuous threats coming from armed groups through public pamphlets are framed in a socio-economic, environmental and political context; where the interests derived from the implementation of unconventional methods of oil extraction -fracking- and the electoral processes to be developed in 2022 are accentuated.

Undoubtedly, the strong social leadership and the iron defense of human rights, life and territory, are against the interests of those who seek to impose an extractivist economic model in the Magdalena Medio region.

Within these pamphlets, about 45 people were threatened, including two human rights defenders from the CREDHOS Corporation: CAROLINA AGÓN – Promoter of CREDHOS and president of the Human Rights Committee of Puerto Wilches – and RAMON ABRIL – member of the Board of Directors of CREDHOS and coordinator of the Training Area.”

The CREDHOS communique concludes: “We urge: The International Community to continue its efforts in monitoring the human rights situation in Colombia.”

Armed actors threaten environmental leaders opposed to fracking

Dígame further reports: “Within the right to protest, environmental leaders have demonstrated again and repeatedly; its position to Ecopetrol in front of the fracking pilots.”

It adds: “However, the oil company has allegedly ignored the recommendations of communities, social organizations and environmental leaders, and has continued with this process behind the backs of citizens.”

That article quotes CREDHOS president Iván Madero who says: “Armed actors have taken a stand on the issue of fracking. In recent days the AGC [Clan del Golfo /Gaitanist Self-Defense Forces] summoned meetings to the communities in San Pablo and Puerto Wilches, after the absence of the community the self-defence groups publish a pamphlet where they threaten the leaders and associations that oppose the fracking pilots.”

And Colombiano 24 quotes CREDHOS stating: “We demand respect for the work carried out by environmental leaders in the Middle Magdalena and mainly in the municipality of Puerto Wilches, where they give a permanent fight against fracking and defense of water and life, we demand that the authorities investigate these facts.”

PBI-Colombia has accompanied the Regional Corporation for the Defence of Human Rights (CREDHOS) since 1994.

PBI-Guatemala accompanies six Indigenous authorities at court hearing for their opposition to antimony mine

By
Brent Patterson
-

On February 11, the Peace Brigades International-Guatemala Project posted: “Today PBI accompanied the six criminalized indigenous authorities of Olopa during their hearing at the Chiquimula Criminal Court. The audience evaluates the request to be adhered as a prosecutor by Odilio Guzmán, family of the management of the Cantera de los Manantiales mine in the village of La Prensa, Olopa.”

In 2015, the Guatemalan Ministry of Energy and Mines granted a 30-year mining licence to Cantera Los Manantiales to mine in the area about 200 kilometres east of Guatemala City without consulting the Ch’orti‘ communities of Olopa.

Prensa Comunitaria has reported: “The mining project is rejected by the population and various organizations that claim that the communities were never consulted about its installation and has caused serious damage to the environment.”

Earlier this month, Prensa Comunitaria tweeted a short video with the caption: “Jesús Méndez from the San Nicolás indigenous community of #Quezaltepeque, affirms that they accompany the 6 indigenous authorities of #Olopa accused by the Los Manantiales mining company because they are defending the land of their ancestors.”

Arrest of Felipe Díaz Ramos in January

On January 12, Prensa Comunitaria reported on the arrest of Felipe Díaz Ramos, Indigenous authority of the municipality of Olopa, Chiquimula.

FGER adds: “For his work in defense of the rights of the Ch’orti’ communities, the owner of the mining company filed a complaint in 2019 which resulted in the capture of Díaz Ramos on January 9 [2022]. The spokesman of the indigenous community of Olopa, Ubaldino García, points out that this detention is part of criminalization, persecution and intimidation actions against people who defend the rights of Mother Earth.”

Five defenders arrested in October

An October 2021 Prensa Comunitaria article about the arrest of five defenders – María Méndez, 53; Bernardino Perez, 65; John Augustine, 82; Santos Gerónimo Ramos Méndez, 28; and Rosa Margarita Pérez Canán, 23 – reports: “The arrest warrant issued by the judge … indicates that the capture was due to a complaint by Odilio de Jesús Guzmán Salazar and his son Rony Leonardo Guzmán, owner of the land where the mining company Cantera los Manantiales is located and husband of Guillermina Landaverri, owner of the mining company’s operating license.”

PBI-Guatemala began accompanying the Maya Ch’orti’ Indigenous Authorities of Olopa and Quezaltepeque in June 2021.

For more on this, please see: The Olopa Sit-Ins: “We are determined to keep fighting.”

On January 10, 2022, PBI-Guatemala posted: “PBI accompanied the hearing of the first statement of the ancestral authority of Olopa Felipe Diaz Ramos, detained this morning and charged with illegal detention.”

PBI-Honduras accompanies celebration after Supreme Court orders immediate release of criminalized Guapinol River defenders

By
Brent Patterson
-

On the evening of February 10, PBI-Honduras tweeted: “PBI accompanies the celebration after learning that the Constitutional Chamber grants protection to the 8 defenders of Guapinol, the trial is annulled and they will be released.”

This morning, PBI-Honduras also tweeted: “We trust that this release will be immediate and that the safety of the defenders, their families and their communities will be ensured. From the communities they remember that the defense of common goods continues until the mining license is annulled.”

Proceso Digital reports: “The Constitutional Chamber of the Supreme Court of Justice (CSJ), granted on Thursday [February 10] two appeals for amparo in favor of the eight environmental defenders in the Guapinol case, which means that the guilty sentence [issued on Wednesday February 9] is annulled for six of them and their immediate release is ordered after carrying out the respective administrative procedures.”

That article adds: “In the city of Tocoa, Colón, a caravan of vehicles took to the streets to celebrate the court ruling and shouted slogans of joy in favor of the eight natives of that area of the country.”

The Associated Press further reports: “One day after six Honduran environmental activists were convicted for alleged actions against a mining operation, the Supreme Court’s Constitutional Chamber unanimously sided with the defendants on two long-standing appeals and threw out their case late Thursday [February 10].”

“The Constitutional Chamber ruled on appeals from 2020 and February 2021 that challenged how the men’s case was handled. The court did not say why its decision came one day after their convictions.”

“Prosecutors had alleged the activists damaged private property and illegally held a security expert during a clash with the mine’s security team. But advocates have long asserted that the arrests were arbitrary and aimed at quelling protests against the [Los Pinares iron oxide] mine [in Carlos Escaleras Mejía National Park].”

That article adds: “Kenia Oliva, their lawyer, explained that the Constitutional Chamber determined their due process rights were violated from the very beginning. ‘They should have been freed in the initial appearance [back in 2019],’ she said.”

PBI-Honduras has accompanied the criminalized defenders of the Guapinol and San Pedro rivers for the past three years.

 

PBI-Honduras accompanies the Honduran Black Fraternal Organization at trial of Garifuna land defender Leonard Brown

By
Brent Patterson
-

On February 11, PBI-Honduras posted:

“PBI accompanies Ofraneh [the Honduran Black Fraternal Organization] Garifuna in observing the trial of Leonard Edy Brown, defender of the territory of the Garífuna people, criminalized along with 34 other people for the recovery of land with ancestral title. On January 28, Leonard was acquitted with precautionary measures.

The legal defence remembers that at the hearing the MP [Public Ministry] presented evidence that had no truth to convict Leonard.

We express concern about the treatment received by the defender, the questioning of the origin of the Afro-descendant people, and the reference by prosecution witnesses to Garífuna people as “violent savages.”

We also express concern about the police presence and private guards in the Wabato community, who are patrolling the area at night with the intention of evicting families from the community.”

On January 28, PBI-Honduras had also tweeted: “From PBI we are very attentive to the hearing of the Garífuna and human rights defender Leonard Brown. @OFRANEH warns of rumors of eviction in the recovery of Wabato, territory that is part of the ancestral title granted to the Garífuna people since 1901.”

That same day, Honduras Now tweeted: “OFRANEH: Trujillo judge conditionally released Garifuna land defender Leonard Brown after his initial hearing today. Brown is falsely accused of several counts of illegal possession of land, threats & forced displacement for reclaiming ancestral land stolen by foreigners.”

And for additional context, on January 14, the Justice for the Peoples Law Firm had tweeted: “GOOD NEWS. Today, we accompany Leonard Edy Brown Cruz of OFRANEH in his hearing of the accused. He is charged with EIGHT fabricated charges for being a Garífuna Indigenous defender. We welcome his parole, but the charge must be dropped entirely.”

PBI-Mexico accompanies Indigenous consultation in community of Santa Maria Zacatepec

By
Brent Patterson
-

On February 10, PBI-Mexico tweeted: “Currently we accompany and observe the beginning of the indigenous consultation process that takes place in #Zacatepec, #Puebla and that was ordered by the Electoral Court of the State of Puebla (TEEP).”

They also tweeted:

“Both the Mexican constitution and international treaties indicate the right of indigenous peoples to self-determination, autonomy and/or self-government.

In this sense, we express our concern about the intimidation against the traditional authorities and their legal advice to the community that occurred in a meeting with the Electoral Institute of the State of Puebla on February 5.

We call for said consultation process to be carried out with an intercultural approach to guarantee the political and collective rights of the community of Santa María Zacatepec.”

El Universal Puebla further explains:

“Residents of Santa María Zacatepec denounced the authorities of [the municipality of] Juan C. Bonilla before the local electoral justice for meddling in an indigenous consultation in which it will be defined how to choose their authorities according to customs.

This was reported on Thursday [February 10] by the United Peoples Front of the Cholulteca Region and the People’s Front in Defense of Land and Water Morelos, Puebla and Tlaxcala [which is accompanied by PBI-Mexico], which have been at the forefront of protests against the [PIM megaproject] gas pipeline, the textile corridor of Huejotzingo and Bonafont [bottled water plant].”

According to the organization, they initiated a process before the Electoral Tribunal of the State of Puebla (TEEP) considering that Mayor José Cinto Bernal seeks to filter false leaders in the consultation process.

As part of the indigenous consultation that the same court resolved in 2020, on February 5 a community meeting was held with authorities of the State Electoral Institute (IEE) in which it will be defined if the community needed interpreters for the plebiscites.

However, according to the complainers, Cinto Bernal took advantage of the electoral meeting to present false Zacatepec authorities as representatives of the community.

“In a devious and bad faith manner, he provided a list of around 30 people he wanted to pass off as traditional authorities, holding the position of leaders,” they said in a statement.

Along with the complaint before the TEEP [Electoral Tribunal of the State of Puebla], they called for the IEE [State Electoral Institute] to act in the preparation of the consultation with respect to the indigenous community and for the mayor to stay on the sidelines.”

Angulo 7 also reports on this at Edil de Juan C. Bonilla busca interferir en consulta de Zacatepec, acusan.

Photo: PBI-Mexico at the February 5 community meeting convened by the State Electoral Institute (IEE) was held at the “Francisco Villa” elementary school.

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