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PBI-Guatemala accompanies human rights law firm at hearing of retired military officer in the Military Journal case

By
Brent Patterson
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On August 2 at 11:53 am, Famdegua (the Association of Family Members of the Detained and Disappeared of Guatemala) tweeted: “The hearing scheduled for today has not yet begun, in which the legal situation of Mavilo Aurelio Castañeda Bethancourt will be resolved. Stay tuned for the live feed on Facebook.”

Around 12:26 the hearing began.

On month ago, Canal Antigua reported: “The highest risk judge B decided to suspend the hearing of the first statement for the retired military officer Mavilo Aurelio Castañeda, to verify if his health condition allows him to face criminal proceedings [for the crimes of forced disappearance, duties against humanity and murder] in the Military Journal case. [Aurelio’s lawyers say his client] suffers from memory loss which means that he cannot face the process, so the judge of higher risk B, Miguel Ángel Gálvez proceeded to suspend the hearing.”

One week ago, Canal Antigua reported: “After receiving the reports from the National Institute of Forensic Sciences, the highest risk judge B, Miguel Ángel Gálvez, determined that Mavilo Aurelio Castañeda Bethancourt cannot face criminal prosecution. According to the medical reports, Castaneda is not in the full use of his mental faculties.”

That article added: “For this reason, the defense lawyer asked the judge to declare the suspension of the criminal prosecution against his sponsor, however the Public Prosecutor’s Office and the adhesive plaintiffs requested that a deadline be given for new examinations and determine if the drugs can help improve Castaneda’s state of health. The judge decided to postpone the hearing to Monday, August 2, and there to announce the decision regarding the petitions filed.”

Twelve former military and police officers are accused of having participated in the disappearance, torture and death of at least 183 people during the years 1983 to 1985, including students, university professors, trade unionists and members of social organizations that the Army identified as allies of the guerilla movement. The Military Journal is a record of the names, photographs, and addresses of the men and women who were arrested, detained, disappeared and murdered.

The Peace Brigades International-Guatemala Project has been accompanying the Human Rights Law Firm (Bufete Jurídico de Derechos Humanos) during the Military Journal hearings that began after the arrests of the former military and police officers in late May.

UPDATE: At 1:47 pm, Famdegua tweeted: “The judge indicates that in the conditional suspension of the criminal prosecution that corresponds to the condition of Castañeda Bethancourt, a guardian must be appointed, the health of the accused is monitored, and the parties can enter into a specific procedure.” It further noted: “The court decrees in favor of Castañeda Bethancourt the conditional suspension of the criminal prosecution; the MP [Public Ministry] must continue with the investigation with the other accused and even with Castañeda, which does not mean that the process is paralyzed.”

Indigenous community of Huexca demands cancellation of thermoelectric plant that emits black smoke, deafening noise

By
Brent Patterson
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On July 30, La Jornada reported: “Residents of the indigenous community of Huexca demanded that President Andrés Manuel López Obrador and the Federal Electricity Commission (CFE) definitively cancel the operation of this thermoelectric plant because, they said, for the past five days the workers have tried to operate fully, without succeeding.”

Teresa Castellanos Ruiz, an Indigenous Nahua woman who lives in the community of Huexca, is a member of the Peoples Front in Defence of the Land and Water (FPDTA).

She says when the workers have tried to operate the plant it has resulted in “very black smoke and makes a deafening noise.” She also says: “It is one of the thermoelectric plants that Europe discarded because of the serious pollution they do to the environment and that these further aggravate the problem of climate change.”

The community is now asking a judge to stop the tests and cancel the project.

Castellanos explains: “It should have already been discarded because all it is doing is polluting, emitting horrible noises, not only pollutes the environment, but it is also polluting the canyons, the rivers and is killing fish, therefore what the judges should do is determine that the thermoelectric is not going.”

The thermoelectric plant is part of the Morelos Integral Project (PIM).

The PIM consists of an aqueduct that would take 50 million litres of water a day from the Cuautla River, a 171-kilometre gas pipeline that crosses three states, and the thermoelectric plant. Construction of the pipeline was completed in December 2015, the plant in September 2017, and the aqueduct in December 2020.

PBI-Mexico began to accompany the FPDTA in early 2020.

UBCIC Secretary-Treasurer visits Secwepemc land defenders to investigate and assess human rights violations by TMX

By
Brent Patterson
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Twitter photo, August 1, 2021.

On August 1, Secwepemc land defender Kanahus Manuel tweeted: “Chief Judy Wilson, UBCIC Secretary-Treasurer & Neskonlith Indian Band Chief visits #TinyHouseWarriors #Secwepemc land defenders to investigate & assess human rights violations on the ground by Canadian-owned #TransMountain pipelines.”

The Union of British Columbia Indian Chiefs (UBCIC) represents over 110 First Nations in the Canadian province of British Columbia.

Earlier in the day, Manuel also tweeted: “Secwepemc Human Rights visit to Tiny House Warriors to monitor & report on Unceded #Secwepemc land and Peoples threatened by the Trans Mountain pipelines man camp.”

This follows Manuel’s tweet of July 23 in which she stated: “Happening Now. Trans Mountain pipeline workers & security invade Secwepemc Safe Zone at Tiny House Warriors village in Blue River in so-called BC.”

Some of the human rights violations that have previously been raised include:

1- Lack of free, prior and informed consent

The 890,000 barrel per day Trans Mountain tar sands pipeline megaproject would cross 518 kilometres of Secwepemc land without their free, prior and informed consent.

The UN Committee on the Elimination of Racial Discrimination has called on Canada “to immediately cease construction of the Trans Mountain Pipeline Expansion project and cancel all permits, until free, prior and informed consent is obtained from all the Secwepemc people, following the full and adequate discharge of the duty to consult.”

2- Endangerment of Indigenous women

The Tiny House Warriors have noted a 1000-worker Blue River Campsite (man camp) is plotted to be built on 16 hectares of their lands for the construction of this pipeline.

James Anaya, the former UN Special Rapporteur on the Rights of Indigenous Peoples, has noted: “Indigenous women have reported that the influx of workers into indigenous communities as a result of extractive projects also led to increased incidents of sexual harassment and violence, including rape and assault.”

3- Arbitrary interference with video surveillance

On July 23, Manuel tweeted: “Tmx private security hired to do security on me all day, they have been posted outside my home since 6 am.”

The UN General Assembly has adopted Resolution 70/161 that calls upon all States to ensure that: “Information and communications technologies [which would include video cameras] are not used in a manner that amounts to arbitrary or unlawful interference with the privacy of individuals or the intimidation of human rights defenders.”

The Latin American organization Derechos Digitales has also highlighted: “Any private or public entity considering or carrying out the development or acquisition of surveillance technologies must be legally required to perform a prior human rights impact assessment, involving experts in technology, social sciences, fundamental rights, among others. Benefits, costs, impacts, and mitigating measures must be considered too.”

4- Criminalization and use of force

Manuel has also tweeted: “I am suing the #rcmp for violently assaulting me during a October 19, 2019 #landback arrest at #TinyHouseWarriors Moonbeam Camp in Unceded #Secwepemc Territory, which left me with a broken wrist and massive muscle and ligament damage.”

Just after this, the UN Committee on the Elimination of Racial Discrimination urged Canada “to guarantee that no force will be used against Secwepemc peoples and that the Royal Canadian Mounted Police and associated security and policing services will be withdrawn from their traditional lands.” Despite this, the RCMP is still present on Secwepemc lands.

We continue to follow the posts on this situation by Manuel. You can find her latest updates on Facebook, Twitter and Instagram.

Canada’s Foreign Minister should read Amnesty International’s new report on Colombia

By
Brent Patterson
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On July 30, PBI-Colombia tweeted the link to the new report by Amnesty International, Cali: In the Epicenter of Repression.

The report begins: “Since 28 April 2021, in the city of Cali, capital of the department of Valle del Cauca in western Colombia, there have been mass demonstrations. At the same time, the gravest human rights violations and crimes under international law committed in the country in this period have been concentrated in this city.”

It highlights: “Vice President and Chancellor Marta Lucía Ramírez has acknowledged that 88.5% of the demonstrations were peaceful. [And yet] the government of President Iván Duque Márquez responded by stigmatizing protesters, describing them as ‘vandals’, ‘terrorists’ and using other terms suggesting they had committed criminal offences and criminalizing them and with police repression.”

It further notes: “The evidence detailed in this report leads Amnesty International to conclude that Colombian National Police officials, particularly members of the Mobile Anti-Riot Squad (ESMAD), violated the human rights of peaceful protesters in Cali.”

Marc Garneau and Colombia

On May 9, Canadian Foreign Affairs Minister Marc Garneau stated: “Canada condemns the violence, including the disproportionate use of force by security forces, and urges that the violence cease.” That comment was quickly followed by: “We welcome the Government of Colombia’s commitment to fully investigate and hold accountable those who may be guilty of violating human rights during these events.”

By July 14, when Garneau met with Colombian Vice-President Marta Lucía Ramírez, he: “emphasized Canada’s concerns regarding violence in Colombia, both in the context of social protests and against social leaders and ex-combatants working to implement peace.” Garneau then again “called on Colombia to keep its commitment to fully investigate and hold anyone who has violated human rights to account for their actions.”

Garneau minimizes worsening situation

On May 7, just days before Garneau’s first statement on Colombia, Temblores reported that there had been 1,773 cases of police brutality since the national strike began on April 28. It also documented 28 victims with police inflicted injuries to their eyes and 11 victims of sexual assault by the public force.

Then on June 28, just a couple weeks before Garneau’s call with Ramírez, Temblores reported that there now had been 4,687 case of police brutality since April 28. It also noted that now there were 82 victims with police inflicted injuries to their eyes and 28 victims of sexual assault by the public force.

This worsening situation was not reflected in Garneau’s messaging on Colombia.

Read the Amnesty International report

Among the 22 recommendations listed at the end of the report, it calls on President Duque to: “Give an unequivocal order to the security forces to stop the violent repression.”

This would be a key message for Garneau to deliver in his next statement to Colombian government officials.

The 49-page Amnesty International report can be read here.

Inuk human rights defender calls for special prosecutor on genocide against Indigenous peoples in Canada

By
Brent Patterson
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On Saturday July 31, Inuk human rights defender and Member of Parliament Mumilaaq Qaqqaq will be calling on the Canadian government to appoint a special prosecutor to investigate the genocide against Indigenous children at residential ‘schools’.

She writes: “We will be marching to call on the government — and in particular, Attorney General David Lametti and Prime Minister Justin Trudeau — to take the steps necessary to appoint an independent special prosecutor, with International Criminal Court observers, to investigate the crimes against Indigenous peoples through the residential ‘school’ system.”

“The federal government has the power to set up this investigation. According to the Director of Public Prosecutions Act, the attorney general can recommend and refer the appointment of a special prosecutor to the director of public prosecutions.”

“This system was committed to annihilating Indigenous peoples. This was genocide. When a genocide happens, shouldn’t the perpetrators be brought to justice?”

Qaqqaq highlights: “Canada is a country that was built on the oppression and displacement of Indigenous peoples. Like prime ministers before him, Justin Trudeau is refusing to do what’s needed to bring us the truth and justice that we clearly deserve.”

Qaqqaq, who is not seeking re-election, said in her farewell speech to the House of Commons: “I don’t belong here, but my presence — I hope — is starting to crack the foundations of this very federal institution that started colonizing Inuit barely 70 years ago.”

Her full commentary can be read at Crimes have been committed against Canada’s Indigenous people. Justin Trudeau has no excuse for not bringing the perpetrators to justice.

The Facebook event page is at March for Truth and Justice.

There is also an online petition – Demand Truth and Justice: Investigate Canada’s crimes against Indigenous Peoples – that calls for a fully-funded special prosecutor, for that person to have a mandate to seek guidance from the International Criminal Court (given the serious crimes against humanity and serious breaches of international law), for the special prosecutor to have the authority to demand access to all relevant documents, and the authority to make public any relevant information and the names of known perpetrators.

 

PBI-Guatemala accompanies the Peaceful Resistance of Cahabon and CCDA Verapaz that took part in national strike

By
Brent Patterson
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“The criminalization of human rights defenders is also corruption.” 

On July 29, the Peace Brigades International-Guatemala Project posted “PBI accompanies CCDA Verapaz” and “PBI accompanies criminalized defender Bernardo Caal Xol and the Peaceful Resistance of Cahabon.”

It shared a post from unjustly imprisoned Maya Q’eqchi’ defender Bernardo Caal Xol who stated: “From Cobán Alta Verapaz, we join the #ParoNacional29J.”

PBI-Guatemala also shared a post from CCDA Verapaz, that represents Q’eqchi communities, that said: “CCDA Verapaz is present on the streets. No more impunity, no more looting. We demand the resignation of Alejandro Giammattei and Consuelo Porras. For the dignity of the people, let’s fight for justice.”

Aljazeera reports: “Tens of thousands of Guatemalans took to the street to demand the resignation of the country’s president [Alejandro Giammattei] and attorney general [Maria Porras] due to the administration’s lack of willingness to address corruption. The protests are among the largest and most widespread since 2015.”

That article adds: “Indigenous ancestral authorities called for protests days after Porras announced the removal of Juan Francisco Sandoval, the head of the Special Prosecutor’s Office Against Impunity, [who had] suggested the existence of high-level corruption in the Public Prosecutor’s Office and in the Presidency.”

The day after the protests, the Embassy of Canada in Guatemala tweeted a joint statement (along with the Embassies of the United States, Germany, Switzerland, France, the United Kingdom and Sweden) that said:

“Stable institutions that fight against corruption and impunity are fundamental in the construction of a democracy that allows attracting investment, generating employment and consolidating a prosperous and inclusive society in Guatemala.”

PBI-Guatemala has accompanied the Peaceful Resistance of Cahabon since 2017 and CCDA Verapaz since July 2018.

For more, see the Democracy Now! report: “People Are Outraged”: General Strike in Guatemala Denounces Corruption & Mishandling of Pandemic.

Indigenous rights defender Abel Barrera Hernández targeted by Pegasus spyware

By
Brent Patterson
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On July 29, PBI-Mexico tweeted: “The @espacioOSC points out that in #México the acts of espionage revealed by #PegasusProject.”

The PBI-Mexico tweet then links to this statement from the Espacio OSC that highlights: “At least 109 human rights defenders and 25 journalists were infected by the Pegasus malware during the last six-year period.”

One of the human rights defenders on the Pegasus list is Abel Barrera Hernández, the founder and director of the Tlachinollan Human Rights Centre that was established in 1994 to serve the Indigenous peoples of the mountainous region of east Guerrero.

PBI-Mexico began accompanying Tlachinollan in 2003.

PBI-Mexico has explained: “The organization since its founding has sought to promote and defend the rights of the Na savi, Me’phaa, Nauas, Nn´anncue and Mestizo peoples of the Montaña and Costa Chica regions of Guerrero.”

In 2004, at a time of increased militarization against narco-traffickers, Tlachinollan staff began hearing about and reporting abuses by the Mexican army. The abuses included rapes, forced disappearances, arbitrary detentions, and seizure of lands. As a result of their reporting, Abel and his staff were targeted and threatened.

In 2009, Tlachinollan brought a case before the Inter-American Court of Human Rights on behalf of Inés Fernández and Valentina Rosendo.

Valentina Rosendo Cantú, a 17-year-old Indigenous Me’phaa woman, was raped by Mexican soldiers on February 16, 2002, when she was washing clothes in a stream near her home. Inés Fernández Ortega, also Me’phaa, was sexually assaulted by soldiers who had raided her home on March 22, 2002.

In August 2010, the Inter-American Court determined that the rights of both women to a life free from violence; to protection of human dignity and private life; to due process and judicial guarantees were violated.

Barrera has stated: “Justice for the indigenous peoples of the Mexican mountains does not exist; it must be won inch by inch and confronting grave dangers. Those that seek a better life and organize to realize their human rights are sought out and assassinated.”

In November 2010, Barrera received the Robert F. Kennedy Human Rights Award for his efforts to end human rights abuses resulting from military impunity.

The RFK Centre stated: “Mr. Barrera and his colleagues work under constant threat to protect the rights of peasants and indigenous peoples against forced disappearances, rape, arbitrary detentions, intimidation, dispossession of lands and illegal interrogations, and to improve their access to healthcare, legal representation and education.”

The Guardian has explained: “Pegasus is a malware [sold by the Israeli company NSO Group] that infects iPhones and Android devices to enable operators of the tool to extract messages, photos and emails, record calls and secretly activate microphones.”

It adds: “The [Mexican] defence ministry was the first to acquire the spyware in 2011. Other Mexican agencies that bought and/or operated Pegasus include the attorney general’s office and the national security intelligence service (CISEN). Several state security forces are also believed to have access to the spyware.”

The Espacio OSC statement highlights: “There is an urgent need to clarify its illegal use and protect human rights defenders and journalists.”

Consorcio Oaxaca lawyer Yésica Sánchez Maya was targeted with Pegasus spyware

By
Brent Patterson
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Yésica Sánchez Maya is a lawyer and human rights defender with Consorcio Oaxaca, an organization PBI-Mexico began accompanying in March 2016.

On July 29, PBI-Mexico tweeted: “The @espacioOSC points out that in #México, the acts of espionage revealed by #PegasusProject.”

The PBI-Mexico tweet then links to this statement from the Espacio OSC that highlights: “At least 109 human rights defenders and 25 journalists were infected by the Pegasus malware during the last six-year period.”

The Espacio OSC statement notes: “We stand in solidarity with the victims and their families, among whom is the member of the Management Team of Consorcio Oaxaca, Yesica Sánchez Maya, as well as the Director of the Tlachinollan Human Rights Centre, Abel Barrera and the lawyer Vidulfo Rosales, who are also part of the Espacio OSC, as well as the other defenders and journalists subject to attempts at espionage.” The Comité Cerezo has stated that it believes it was also a target of Pegasus.

PBI-Mexico has stated that Consorcio Oaxaca has made notable contributions in accompanying and organizing against gender-based violence in Oaxaca. It further highlights that in 2017, Consorcio Oaxaca launched the Femicidal Violence in Oaxaca website that documents gender-based violence cases in the state.

The Guardian has explained: “Pegasus is a malware [sold by the Israeli company NSO Group] that infects iPhones and Android devices to enable operators of the tool to extract messages, photos and emails, record calls and secretly activate microphones.”

It adds: “The [Mexican] defence ministry was the first to acquire the spyware in 2011. Other Mexican agencies that bought and/or operated Pegasus include the attorney general’s office and the national security intelligence service (CISEN). Several state security forces are also believed to have access to the spyware.”

The Espacio OSC statement highlights: “There is an urgent need to clarify its illegal use and protect human rights defenders and journalists.”

The PBI-Mexico tweet.

Canada Pension Plan investments support warplane production for the militaries of the United States, Saudi Arabia and China

By
Brent Patterson
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Photo: AVIC produces various fighter jets for the People’s Liberation Army Air Force including the Chengdu J-10.

Earlier this month, the Toronto Star reported: “The Canada Pension Plan Investment Board has invested $3 million in shares of a company that makes components for Chinese warships, and another $2 million in a company affiliated with a manufacturer of fighter jets and unmanned drones, according to its most recent holdings disclosure.”

That article adds the CPPIB has held more than three million shares in the investment firm AVIC Capital since at least March 2019.

That firm is the largest shareholder in the Aviation Industry Corp. of China that produces fighter jets used by the People’s Liberation Army Air Force, including the J-10 fighter jet manufactured by the Chengdu Aircraft Industry Group (CAIG), a subsidiary of AVIC.

The Coalition to Oppose the Arms Trade (COAT) has also noted that the CPPIB had $9 million invested in BAE Systems in 2015 and $33 million in 2017/18. BAE Systems manufactures the Eurofighter Typhoon fighter jet.

That fighter jet is used by the air forces of the United Kingdom, Spain, Germany, Austria, Italy and Oman (and soon Kuwait and Qatar).

It is also used by the Royal Saudi Air Force. In 2011, 24 Typhons were delivered to Saudi Arabia and another 48 were delivered by June 2017. In 2018, it was announced that Saudi Arabia has signed a memorandum of intent to order another 48 Typhoons.

Notably, CPPIB investments in BAE increased after Saudi Arabia began its airstrikes against Yemen in March 2015. The New York Times has reported Saudi airstrikes “have killed thousands of civilians and bombed well over 100 medical facilities.”

Furthermore, in February 2020, Fintel, which “provides advanced research tools for data-driven investors”, posted that the CPPIB has USD $53.7 million in holdings in Lockheed Martin as of December 31, 2019. World Beyond War has also noted that the CPPIB is also invested in Boeing ($50 million) and General Dynamics ($19 million).

Lockheed Martin manufactures the F-35 fighter jet, Boeing makes the F/A-18 and General Dynamics the F-16.

A CPPIB spokesperson has commented: “CPPIB’s objective is to seek a maximum rate of return without undue risk of loss. This singular goal means CPPIB does not screen out individual investments based on social, religious, economic or political criteria.”

The CPPIB, a Canadian government Crown corporation, manages the $497 billion pension fund for more than 20 million contributors and beneficiaries.

Colombian human rights defender Jani Silva forced to relocate after learning of new assassination plot against her

By
Brent Patterson
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The Justice and Peace Commission has reported: “Last Saturday, July 23, the leader Jani Silva was forced to move from the urban area of the municipality of Puerto Asis, after learning in the city of Bogota of a plan to be killed by a sicarial [hitmen] group of Border Commandos. This group of assassins would have already begun their work with the knowledge of her routines, follow-ups and lifting of a plan.”

“[This] coincides with strange movements, which have developed in recent weeks around Jani’s home that have forced her to change her daily life.”

Justice and Peace adds: “The government’s disdain for peace with legality has not provided any response for three years to the population of the Amazon Pearl Peasant Reserve Zone to protect their rights to freedom, association, expression, a healthy environment, and in particular their leaders, including Jani Silva.”

Silva is the president of the Association for the Integral Sustainable Development of the Perla Amazónica (ADISPA), the association that manages the Perla Amazónica Peasant Reserve Zone (ZRCPA). The ZRCPA is located near Puerto Asis in the department of Putumayo, which is situated in south-west Colombia near the border with Ecuador.

This past April, Amnesty International launched this video and a campaign to demand that Colombian authorities immediately take effective measures to guarantee the safety of Jani who has experienced multiple threats.

Amnesty International has highlighted: “Jani Silva has dedicated her life to protecting the Amazon and the life that exists in it from efforts by armed groups and multinational companies to take control of her territory.”

Jani Silva is accompanied by the Inter-Church Justice and Peace Commission, which in turn has been accompanied by the Peace Brigades International-Colombia Project since 1994.

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