{"id":10577,"date":"2023-03-08T20:40:38","date_gmt":"2023-03-09T04:40:38","guid":{"rendered":"https:\/\/www.entremundos.org\/revista\/?p=10577"},"modified":"2023-03-08T20:58:41","modified_gmt":"2023-03-09T04:58:41","slug":"defending-territory-is-not-a-crime","status":"publish","type":"post","link":"https:\/\/www.entremundos.org\/revista\/economy\/defending-territory-is-not-a-crime\/?lang=en","title":{"rendered":"Defending Territory Is Not a Crime"},"content":{"rendered":"

By Emma G\u00f3mez and Mar\u00eda Longo<\/span><\/p>\n

Protecting the earth’s natural resources, the community’s assets has sent many a Guatemalan leader to prison.\u00a0\u00a0<\/span><\/p>\n

According to UDEFEGUA (Protective Union for Human Rights Advocates in Guatemala) the number of reported assaults against human rights advocates between January and June 2020 rose to 677.\u00a0 Most were criminal acts of defamation, stigmatization, arguments based on hatred as well as assassinations, threats, attempted assassinations, intimidations and acts by vigilantes.<\/span><\/p>\n

In spite of being deemed criminals, their struggle continues.\u00a0 Here are some accounts of events.<\/span><\/p>\n

The CECOPA case<\/b><\/p>\n

Recovery of CECOPA (Patz\u00fan’s Community Center) in Patz\u00fan, Chimaltenango, resulted in the criminalization of fifteen individuals.<\/span><\/p>\n

The Center was created for the well-being of the community and fulfilled this objective for ten years.\u00a0 However, for the next 20 years it was used for private gain which provoked an uneasiness and malaise among the people.<\/span><\/p>\n

The citizenry organized itself to defend its center under a slogan saying there’d been no transparency in the electoral process of the executive board–and that it had taken over governance without renewing the center’s original purpose and objectives to serve the community. \u00a0 In order to prevent their neighbors from taking back what belonged to them, those that were supposed to benefit from the Center’s services filed a complaint with the Public Prosecutor’s Office against the elected group demanding the Center resume its original mission of welfare for the community.<\/span><\/p>\n

On April 5, 2019 COPAE (Commission for Peace and Ecology) informed the thirteen accused that they were bound by the penal process because of their crimes of breaking and entering including specific aggravations, coercion and aggravated misappropriation.\u00a0 And two others were notified on the 27th of September 2020 regarding charges of coercion and aggravated misappropriation.<\/span><\/p>\n

\"\"<\/a><\/p>\n

The Hidro Sal\u00e1 Case<\/b><\/p>\n

Opposition to mega-projects has also turned into persecution of community members based on wrongful reasoning, as happened in the Mayan Mam sub-group in the village of San Pablo, San Marcos.\u00a0 Fausto S\u00e1nchez Roblero was threatened because of his rejection of hydroelectric projects.\u00a0 He was protecting his land and especially the river.<\/span><\/p>\n

The day before his capture he had participated in a meeting of communities in resistance. They were meeting because one of their female counterparts had been captured.\u00a0 The residents remember that Fausto was taken from his home and his family didn’t know where he was being held.<\/span><\/p>\n

\u00abWe found him in a very unfortunate state.\u00a0 It was a kind of kidnapping, psychological trauma for him and his family\u00bb, remembers one of the residents who tells the story in the documentary <\/span>Tropelia.<\/span><\/i><\/p>\n

They named Fausto as one of the leaders who’d led the unrest against the company known as Hidroel\u00e9ctrica Sal\u00e1.\u00a0 He was arrested even before the six-hour legal requirement which is not allowed allowed by the constitution.<\/span><\/p>\n

He was charged with kidnapping an employee from the hydroelectric corporation, but in March 2017 after serving two years in prison, this community leader was declared innocent.\u00a0 Fausto was not the only person they tried to turn into a criminal for having defended his land against Sal\u00e1 Hydroelectrics.<\/span><\/p>\n

\"\"<\/a><\/p>\n

The R\u00edo Cab\u00f3n Case<\/b><\/p>\n

Bernardo Caal Xol from Santa Mar\u00eda Cahab\u00f3n, Alta Verapaz, is one of the most well-known of Guatemalan environmentalist leaders.\u00a0 He was released from prison in April 2022.\u00a0 His struggle for the Cahab\u00f3n River was the reason for his arrest.\u00a0 He assured us that he has decided to continue the struggle, \u00abbecause the communities which have never given up the struggle are awaiting me.\u00bb<\/span><\/p>\n

In 2015, Caal, a primary school teacher, organized peaceful opposition against the construction of two hydroelectric projects because of their harmful effects on the Cahab\u00f3n River, considered sacred by the local community.\u00a0 Caal initiated legal action against the hydroelectric company and Guatemala’s Supreme Court ruled in his favor accepting the evidence that OXEC had not obtained consent from the indigenous residents in the area before beginning the project.\u00a0 The company appealed the decision.\u00a0 The case went to the Constitutional Court which also ruled in Caal’s favor and suspended the project.<\/span><\/p>\n

Nevertheless, giving in to political pressure and pressure from the company, the Constitutional Tribunal subsequently revoked the decision and allowed the company to continue operations.\u00a0\u00a0<\/span><\/p>\n

In January 2018 Caal was summoned to appear in court, detained and accused of aggravated robbery and for alleged illegal detention of employees at the central hydroelectric plant in 2015.\u00a0 In November of 2018, based on minimal evidence or proof, he was sentenced to seven years and four months imprisonment.<\/span><\/p>\n

Amnesty International officially declared him a prisoner of conscience and organized a campaign collecting signatures in support of his release.<\/span><\/p>\n

\"\"<\/a><\/p>\n

The\u00a0 Women Against Mines Case<\/b><\/p>\n

Mar\u00eda Magdalena Cuc Choc, es an indigenous woman from the Q’eqhi Mayan.\u00a0 She’s from El Estor, Izabal.\u00a0 She’s a teacher and an interpreter who supports other women so that together they can defend their land.<\/span><\/p>\n

Mar\u00eda decided to support the women when she realized that in various communities affected by foreign mining companies’ activity, the women were ignored because they only spoke Q’eqhi and not Spanish.<\/span><\/p>\n

Here there were families that had been displaced.\u00a0 The women had succeeded at registering a complaint in Canada, the home country of the mining enterprise responsible for displacing the locals.<\/span><\/p>\n

Their defense of themselves provoked threats, persecution, arrests, and imprisonments.\u00a0 The witnessing and accompaniment that Mar\u00eda provided to the indigenous communities protecting their lands was the reason for her arrest.\u00a0 They accused her of aggravating usurpation, illegal detainments, and threats.<\/span><\/p>\n

Mar\u00eda\u2019s municipality has suffered the consequences of the mining companies presence:\u00a0 the removal of people from their lands.\u00a0 And companies growing African palm, sugar cane and bananas ruin the soil’s fertility.\u00a0 Contamination of soil and harm to water resources are other problems caused by the hydroelectric companies.<\/span><\/p>\n

\u00abWe have experienced being removed from our land many times.\u00a0 Eleven women were sexually assaulted.\u00a0 Who did it?\u00a0 Security agents from the mining company and the federal police.\u00a0 Our only crime was raising our voices,\u00bb says Mar\u00eda.<\/span><\/p>\n

\"\"<\/a><\/p>\n

 <\/p>\n

The Abelino Chub Case<\/b><\/p>\n

Abelino Chub Caal, environmental advocate, has supported indigenous communities with their legal proceedings to get recognition of their territorial rights and has encouraged self-sufficient projects in sustainable agriculture.\u00a0 His history of being marked as criminal began in 2016 when two agribusinesses attempted to expand their banana growing to include palm for palm oil production.\u00a0 To accomplish that they decided to utilize land where indigenous communities from the Q’eqchi speaking group in El Estor, Izabal were living.<\/span><\/p>\n

Chub started out as a mediator for the communities and the transnational company.\u00a0 He witnessed the removal of hundreds of families:\u00a0 in 2007 when a Canadian mining company removed 100 families from El Estor near Guatemala’s Pacific coast; and in 2011 the ruthless displacement of 732 indigenous Q’eqchi- speaking families from their lands in the Polochic Valley.\u00a0 Subsequently, sugar cane was planted for the production of bio-fuels.\u00a0 People were injured and women from the communities were assaulted during the removal.\u00a0 Yet, these assaults were never investigated in Guatemala.<\/span><\/p>\n

On February 4, 2017, Abelino was detained while celebrating his birthday with his wife and two sons.\u00a0 He remained in custody awaiting trial for over two years.\u00a0 In April 2019 after having presented evidence of not being in the vicinity the day of the fire, Abelino was acquitted of the charges during the trial.\u00a0 The Court’s conclusion was to dismiss the case.<\/span><\/p>\n

He was imprisoned for two years for a crime he did not commit.\u00a0 Abelino is now free, but his struggle and the struggle by other advocates is still far from over.<\/span><\/p>\n

\u00abI will continue denouncing all the problems that affect the communities.\u00a0 And similarly, the defenders of the earth and the environment.\u00a0 I don’t work for myself, rather I work to protect the rights of the communities which have been abandoned by the government\u00bb, he said through the international press.<\/span><\/p>\n

\"\"<\/a><\/p>\n

The Case of Dominga Botzoc, the Polochic River Negociator<\/b><\/p>\n

Dominga Botzoc lives in one of the far-off communities of Panz\u00f3s, Alta Verapaz.\u00a0 She is 41 and is a survivor of the 2011 removal of her people from their lands.<\/span><\/p>\n

A single mother whose determination and commitment to her community turned her into one of the negotiators.\u00a0 While being interviewed she’s said, \u00abI am aware of the suffering of everyone because it was a collective suffering.\u00a0 And so, I mustered up the courage to participate in actions and some meetings we had with agricultural agencies.<\/span><\/p>\n

The struggles continue to date because the government of Guatemala still hasn’t guaranteed decent housing, schools, a public health clinic, nor roads for easy access to these places.<\/span><\/p>\n

The people do not forget that in 2011 the government forcibly and violently removed them.\u00a0 Their crops were burned, and three farm workers died at the hands of the government’s security forces and those of the Chabil Utzaj sugar-producing company.<\/span><\/p>\n

Although some 134 families received land in June 2018, another 414 continue waiting totally abandoned.<\/span><\/p>\n

Four governments have come and gone and so far not one has fulfilled their promises nor protected the rights of the majority of children, women and men who were torn from their lands.\u00a0\u00a0<\/span><\/p>\n

\"\"<\/a><\/p>\n

The Case of Chocabj-Piedra Canoa<\/b><\/p>\n

Fifteen years have gone by in the Chocabj community since the struggle began for communal land (Chocabj translates as Piedra Canoa o stone canoe).<\/span><\/p>\n

Chocabj is a village in Sibinal, San Marcos in the Western Highlands of the country.\u00a0 Its location is strategic because of its proximity to the Mexican border and it has gained the attention of a number of companies.<\/span><\/p>\n

According to community leaders, the community was founded some 200 years ago, yet in 2007 the municipality of Sibinal authorized a proposed ecological park which Chocabj community members saw as privatization of a large swath of territory.<\/span><\/p>\n

The location was a communal one and was used as pasture by local families who were farmers– their herds being a means of subsistence.\u00a0 But now it’s become private land where no one can enter according to locals.<\/span><\/p>\n

In a three-part mini-series produced by COPAE community leaders relate how the community got its start and that it has the legal documentation supporting them as administrators.\u00a0 Yet the state, through the municipality, has been able to impede their entrance onto the territory.<\/span><\/p>\n

Porfirio Roblero, one of the leaders, assures that the struggle will continue as it has for a number of years. \u00a0 He said a large piece of land has been privatized without consideration for the community.\u00a0 They have been displaced and denied access.<\/span><\/p>\n

Since 2008 when licensing for mining companies began, the struggle against these companies also began because of the community’s strategic location.<\/span><\/p>\n

Eliu Orozco, another community leader, says that in order to support the community’s struggle, discussions have been organized during which community members can show their resistance and fight for their survival.\u00a0 Community members say that the municipality has dragged out the process, and so, they are asking for the immediate return of the people, resolutions in favor of the community so they can manage their own resources.<\/span><\/p>\n

The Marlin Mine Case<\/b><\/p>\n

The Marlin Mine was operational in Guatemala for 12 years, located in San Miguel Ixtahuac\u00e1n y Sipacapa, San Marcos.<\/span><\/p>\n

Community members and leaders say that rather than developing the location, what mining left were dry wells, contaminated water resources, damaged housing, a bleak site–the Mam Mayan village and Sipacapenses full of sadness and uncertainty.<\/span><\/p>\n

Neighbors in these municipalities encounter a scarcity of potable water, neither fit for human nor animal consumption because of the open pit mining at the Marlin Mine.\u00a0 After more than a decade of mining it left 18 wells dry and contaminated with heavy metals making the water dangerous for consumption.<\/span><\/p>\n

There are various studies done by international organizations which conclude that mining is related to the disappearance of approximately 350 acres of woods and forest lands during the first two years of operation.\u00a0 When mining activity is finished the elimination of wooded areas reaches as much as 720 acres.\u00a0 The Alliance of Central Americans Against Mining agrees with these estimates.<\/span><\/p>\n

It reports that 170 barrels of waste are generated monthly estimating the total at 23-27 millions of tons of residue at the end of a mining project.<\/span><\/p>\n

In 2005 the Sipacapa Municipality organized a community meeting for consulting.\u00a0 Between nine and eleven communities opposed mining projects.\u00a0 Although perfectly legitimate actions on the part of community members, nothing was binding according to the Guatemalan government.\u00a0 And the mining company continued its exploitation of the resources for another 12 years.<\/span><\/p>\n

According to COPAE communiques, communities near the mine, i.e. \u00c1gel, Salitre, San Jos\u00e9 Ixcaniche and San Jos\u00e9 Nueva Esperanza have experienced damage to housing infrastructure, and so studies have been done to determine the cause.\u00a0<\/span><\/p>\n

Communities have taken their struggle and demands as far as the Interamerican Court for Human Rights.\u00a0 In December 2011 the Court announced a decision ordering a dialogue between parties, but affected communities couldn’t participate.\u00a0 According to a study by the Institute of Analysis and Investigation of National Problems at the University of San Carlos, after various discussions attempting to gain environmental protections, nothing was achieved.<\/span><\/p>\n

\"\"<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

By Emma G\u00f3mez and Mar\u00eda Longo Protecting the earth’s natural resources, the community’s assets has sent many a Guatemalan leader to prison.\u00a0\u00a0 According to UDEFEGUA (Protective Union for Human Rights Advocates in Guatemala) the number of reported assaults against human rights advocates between January and June 2020 rose to 677.\u00a0 Most were criminal acts of […]<\/p>\n","protected":false},"author":1,"featured_media":10576,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[3976,418,425,426,410,415,453,420,412,428,424,421,1806,422],"tags":[4165,4168,3324,2142,4167,4164,4166,734],"class_list":["post-10577","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-accomodation-in-xela","category-climate-change","category-community-action-en-2","category-corruption","category-economy","category-environment","category-frontpage-en","category-megaprojects-en","category-megaprojects","category-money-in-politics","category-politics","category-rivers","category-social-situation","category-women","tag-crilinalized","tag-defense","tag-defense-of-human-rights","tag-defense-qeqchi","tag-natural-resources","tag-territory","tag-territory-defense","tag-women"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2023\/03\/plantilla-collage-dia-del-mujer-em-.png?fit=2000%2C1600&ssl=1","jetpack_shortlink":"https:\/\/wp.me\/p7ljt7-2KB","jetpack-related-posts":[{"id":6089,"url":"https:\/\/www.entremundos.org\/revista\/economy\/megaprojects\/repression-against-good-living-the-struggle-of-human-rights-defenders\/?lang=en","url_meta":{"origin":10577,"position":0},"title":"REPRESSION AGAINST GOOD LIVING. The struggle of human rights defenders","author":"EntreMundos","date":"23 enero, 2020","format":false,"excerpt":"By: Leiria Vay Between 2018 and 2019, 16 human rights defenders who exercised leadership in different organizational structures of the Farmers Development Committee (Comit\u00e9 de Desarrollo Campesino, CODECA) were assassinated. All of them worked to defend the individual and collective rights of peoples in the territory and communities. Two of\u2026","rel":"","context":"En \u00abCommunity Action\u00bb","block_context":{"text":"Community Action","link":"https:\/\/www.entremundos.org\/revista\/category\/politics\/community-action-en-2\/?lang=en"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/01\/4-imagen-art-codeca.jpg?fit=960%2C640&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/01\/4-imagen-art-codeca.jpg?fit=960%2C640&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/01\/4-imagen-art-codeca.jpg?fit=960%2C640&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/01\/4-imagen-art-codeca.jpg?fit=960%2C640&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":10642,"url":"https:\/\/www.entremundos.org\/revista\/economy\/megaprojects\/stay-in-the-territory\/?lang=en","url_meta":{"origin":10577,"position":1},"title":"Stay in the territory","author":"EntreMundos","date":"20 marzo, 2023","format":false,"excerpt":"Maiz de Vida Water is a living being that gives life and its life depends on its relationship with; hills, mountains, forests, trees, soil, rocks, fungi and all the organisms that make up the biodiversity of the planet. 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By: Diana Pastor Adelina Maqu\u00edn Caal was born in Panz\u00f3s, Alta Verapaz in 1915. 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When Hern\u00e1n Cort\u00e9s set sail for the land of the Aztecs in 1519, his mission was to seize indigenous gold. Upon their arrival in Tenochtitlan, the Aztec king Moctezuma said that the Spanish were suffering\u2026","rel":"","context":"En \u00abEconomy\u00bb","block_context":{"text":"Economy","link":"https:\/\/www.entremundos.org\/revista\/category\/economy\/?lang=en"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/09\/open-pit-mining-2464761_1280.jpg?fit=1200%2C800&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/09\/open-pit-mining-2464761_1280.jpg?fit=1200%2C800&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/09\/open-pit-mining-2464761_1280.jpg?fit=1200%2C800&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/09\/open-pit-mining-2464761_1280.jpg?fit=1200%2C800&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/09\/open-pit-mining-2464761_1280.jpg?fit=1200%2C800&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":6987,"url":"https:\/\/www.entremundos.org\/revista\/economy\/megaprojects\/fidel-lopez-was-murdered-member-of-codeca-in-morales-izabal\/?lang=en","url_meta":{"origin":10577,"position":5},"title":"Fidel L\u00f3pez, member of CODECA in Morales Izabal was murdered","author":"EntreMundos","date":"24 junio, 2020","format":false,"excerpt":"By: Entremundos On June 23th, Fidel L\u00f3pez was assasinated, he was 55 years old, born in the community San Vicente de Paul, Morales Izabal and member of CODECA Peasant Development Committee. Several bullet wounds shot by a man from a motorcycle killed him. The murder occurred at four in the\u2026","rel":"","context":"En \u00abCommunity Action\u00bb","block_context":{"text":"Community Action","link":"https:\/\/www.entremundos.org\/revista\/category\/politics\/community-action-en-2\/?lang=en"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/06\/14650773_196276784143656_218980587454442380_n.png?fit=884%2C611&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/06\/14650773_196276784143656_218980587454442380_n.png?fit=884%2C611&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/06\/14650773_196276784143656_218980587454442380_n.png?fit=884%2C611&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/www.entremundos.org\/revista\/wp-content\/uploads\/2020\/06\/14650773_196276784143656_218980587454442380_n.png?fit=884%2C611&ssl=1&resize=700%2C400 2x"},"classes":[]}],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/posts\/10577","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/comments?post=10577"}],"version-history":[{"count":2,"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/posts\/10577\/revisions"}],"predecessor-version":[{"id":10579,"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/posts\/10577\/revisions\/10579"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/media\/10576"}],"wp:attachment":[{"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/media?parent=10577"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/categories?post=10577"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.entremundos.org\/revista\/wp-json\/wp\/v2\/tags?post=10577"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}