Archive for June, 2006

This December it will have been ten years since the Peace Accords (Acuerdo de Paz Firme y Duradera) were signed in Guatemala after 36 years of civil war. As a campaigning group in the UK, we have always been really interested in what the UK government's view is on the issue of bringing the perpertrators of genocide in Guatemala during the civil war to justice.

In a recent exchange with the government, Tom Levitt MP asked two questions on the human rights situation in Guatemala. A GSN member followed up the responses by asking Tom Levitt MP if he could get clarification from the Foreign and Commonwealth Office on a number of points. Mr Levitt got the following response (24-06-06) from Lord Triesman as the Minister responsible for Latin America.

His response contained the rather worrying typo that only 20,000 people were killed or disappeared rather than the 200,000 cited by the UN CEH report in 1999.

When the UK government says “they [Guatemala government] have accepted responsibility for atrocities, apologised and arranged compensation”. Of course, as with all government- speak there is a grain of truth in this, with, for example, the setting up of the National Compensation Programme (Programa Nacional de Resarcimiento). But the process of compensation has yet to have reached anywhere near fruition- and is starting to lose its way. Certainly this is not enough to warrant Lord Triesman's rosy assessment.

The central point remains: the Peace Accords were signed nearly ten years ago and the Guatemalan government has never accepted, nor apologised for, nor arranged compensation for the crime of genocide. Because of this, but certainly not solely because of this, the cases against the perpertrators of genocide who remain in Guatemala, have avoided just punishment for their crimes. You need look no further than the latest debacle where Rios Montt was shielded from the Spanish investigation into his responsibility for genocide crimes last week (30-06-06), by the Guatemalan Constitutional Court.

Yeh ok you guys already know this. But our point here in the UK, is that the UK government has been careful to avoid describing the mass killings in Guatemala in the 1980s as genocide; it prefers the more generic term 'human rights abuses' in Guatemala (see Lord Triesman's response above, but also Douglas Alexander's response to Tom Levitt in Parliament).

We have, perhaps because of this, had difficulty in getting the All Parliamentary Party Group on Genocide Prevention to even consider Guatemala as part of its remit. We will continue to push the UK government for clarification on this point.

This is an excerpt of a documentary “Guatemala No Nos Tientes” (made about 15 years ago) about the student movement in Guatemala in the face of a repressive government. This video has been posted by Otras Voces. It is mainly in Spanish with subtitles in English.

Here we wanted to publish this good news about Rights Action's long running campaign in Honduras- just over the border with Guatemala. This was sent to us by Rights Action:

Since January 2003, Rights Action has been supporting and involved with efforts to free the Miranda Brothers, campesino-Lenca political prisoners in Honduras, members of COPINH, a major Rights Action partner group in Honduras. Finally there is good news. THANK-YOU to everyone and every group that has helped out with funds and activism.

HONDURAS: AFTER THREE YEARS OF FALSE AND ABUSIVE IMPRISONMENT, SUPREME COURT ACQUITS POLITICAL PRISONERS MARCELINO AND LEONARDO MIRANDA FALSELY CHARGED WITH MURDER

by Sandra Vagabunda, www.rightsaction.org, caminando27 [at] yahoo.es

It is time to take a moment to celebrate some good news for a change!

The Honduran Supreme Court of Justice has acquitted Montaña Verde community
leaders Marcelino and Leonardo Miranda of murder, a fabricated charge for which they had been sentenced to 25 years in jail. This is a final decision.

The Miranda brothers release awaits the official certification of the Supreme Courts Secretariat and the case files journey back down through the court system to the Appeals Court in Santa Rosa de Copán and then to the courthouse in Gracias, the town in which Marcelino and Leonardo have been unjustly imprisoned since their illegal detention and torture in January 2003.

With great joy, Rights Action joins the Civic Council of Grassroots and Indigenous Organizations of Honduras (COPINH) in celebrating the news and recognizing the many many actions, letters, telephone calls, faxes, emails and messages from many many people that have all contributed to this victory.

We would like to share COPINHs message to all of you:

This acquittal would not have been possible were it not for all the local, national and international solidarity and pressure. Thus, in the most fraternal way, we thank all the individuals, organizations, churches and other networks and groups that have supported the campaign for the Miranda brothers freedom.

COPINH is asking that solidarity with Montaña Verde and community leaders be
maintained until all falsely accused community leaders are released and until the communities of Montaña Verde receive legal title to their communal ancestral lands.

Meanwhile, Rights Action shares with you our celebration of this extremely important victory. It is a victory of Marcelino and Leonardo themselves, their families, the communities of Montaña Verde, COPINH, and each and every one of us.

It demonstrates the power of our collective activism, made up of every individual letter and action. We invite you to reflect and celebrate on this victory and on the importance of relentless efforts for justice in this and other cases, even as we all struggle for justice on a global scale.

Rights Action will continue to support COPINH and Montaña Verde in their struggles for justice, land, the environment and locally-controlled community development. We will also continue to inform you of the continuing attention and actions needed for the release of the Miranda brothers and of other Montaña Verde community leaders (Margarito Vargas  currently in jail, Tiburcio Bautista  also falsely accused of several crimes, including the same murder).

For more information about supporting the work of Rights Action visit their website.

Over a hundred organisations have signed the letter below expressing their hope that the arrival of the Spanish investigation team represents a step forward in the fight against the prevailing impunity in Guatemala.

Reuters have picked up on the story in the UK, reporting on the current uncertainty surrounding Spanish judge, Santiago Pedraz's (left – abc.es), authority in Guatemala to question Efrain Rios Montt and others in connections with genocide charges. The Rigoberta Menchu Tum Foundation is confident that the last minute legal blocking tactics (Prensa Libre) by Rios Montt and Mejia Victores on Friday (23-06-2006) will amount to nothing. We'll see- there's likely to be several more twists in this tale of Guatemalan justice before the impune get their day in court.



OPEN LETTER

The undersigned organizations and individuals, in solidarity with the survivors of State terrorism involved in the struggle against impunity in Guatemala, express the following:
 

With the arrival of the Spanish Investigative Commission comes the responsibility on the part of the State of Guatemala to ensure the safety of all those involved. The international community will accompany and monitor this process. 
 

To the President of the Republic of Guatemala,

To the President of the Supreme Justice Court,

To the President of Congress,

To the Attorney General,

To our accredited diplomatic representatives in Guatemala, 

With great satisfaction, we received the October 5th, 2005 decision of the Spanish Constitutional Court confirming the legitimacy of the Spanish Justice System to investigate and prosecute for genocide and crimes against humanity committed in Guatemala, regardless of victims’ nationality.  This decision represents a transcendental advance toward establishing Universal Jurisdiction and, as such, is an important step in the struggle against impunity in Guatemala. 

The atrocities that took place in Guatemala during the internal armed conflict are well-documented in the report of the UN Commission for Historical Clarification.  They include at least 626 massacres committed by State forces as well as acts of genocide.  We are saddened that the Guatemalan Justice System has been incapable of convicting those responsible for these crimes despite the many cases filed and evidence presented by the survivors and other human rights activists.  Furthermore, we are concerned that continual attacks suffered by human rights activists will remain uninvestigated. To date, not one suspect has been charged.  

Ultimately, we ask the State of Guatemala to demonstrate its commitment to human rights, the fight against impunity, and the enforcement of the Rule of Law, by actively supporting the investigation carried out by the Spanish Commission starting on June 24th as it gathers testimonies related to crimes of genocide, torture and terrorism that occurred in Guatemala. 

In particular, we ask that the State comply with requests for the protection of the physical and psychological security of the human rights defenders involved including those who will present testimony. It is therefore essential that attacks against activists be investigated and that those found responsible be convicted.  The work being done in the political arena toward justice and against impunity must be respected.

We ask our accredited diplomatic representatives in Guatemala to fulfill their mandate to oversee that human rights are respected and that they demand that the Guatemalan State follow through with its responsibility to protect human rights defenders and to investigate any attacks against them. 

We would like to reiterate our commitment to accompany the struggle against impunity, and we will continue to oversee the security of those human rights defenders involved in legal processes for human rights violations committed in Guatemala and, in particular, those who are providing evidence to the Spanish Investigative Commission. 

We thank you for your attention and hope that, in fulfilling your duties, you assume the responsibility to ensure that the respective entities take the necessary measures to guarantee that this judicial process be carried out free of violence against human rights defenders in Guatemala.


As of 29 June, 89 organisations, 979 people from 29 countries signed this open letter. You can see the letter in Spanish is attached with signatories.

Jenni Murray writes this article in praise of the work of Marielos Monzón in the New Statesmen. I'm sure this article was in the print edition around the time Marielos appeared on the Woman's Hour programme last year during her visit to the UK. I think the article just gone into the online version because I can't see any new info added to update the situation with Marielos as of last year. For background info see our blog post on this when Marielos visited last October to receive a prestigious award from Amnesty International.

Video: Voice of a Mountain

| June 22nd, 2006

 

Found this interesting documentary in development called 'Voice of a Mountain'. It's written Michael Field and shot by Tyler Rumph.

According to their website, “Voice of a Mountain is a story of the lives of rural Guatemalan coffee farmers who took up arms against their government in a civil war that lasted 36 years. This documentary explores Guatemala's dark history from the perspective of those who saw armed revolution as their only hope for change in a poverty-ridden nation under years of military dictatorship. Ex-combatants talk about the bleak reality of the country that led to their involvement in the war, and the response of genocide from the Guatemalan government against its people. The documentary gives insight into their motives for joining an armed conflict as interviews reveal personal accounts of struggle, hope, tragedy, and the fruits of their resistance.”

There were a few articles this week about the deteriotating weather conditions in Guatemala, Reuters AlertNet reported on the waves battering Guatemala's coast and on the increasing rain fall. As did the BBC and The Guardian.

GUATEMALA: KILLER'S PARADISE:
By Jane Pelly de Jocolt (rightsactionuk [at] yahoo.co.uk)



Some of you may have seen the chilling documentary 'Killer's Paradise' Shown a couple of weeks ago on BBC 2 about the continuing rise in the murders of women in Guatemala . The facts are chilling; in 2005, 665 murders were registered by the National Police in Guatemala City and its sprawling satellite city Villa Nueva. This is just the tip of the iceberg; elsewhere in the country no one is counting despite the attempts of the Red de no Violencia, a network of grass roots women's organizations, to keep track of the numbers of murders recorded in the press.  

Victims are typically women aged 16-30, from poor barrios. The documentary follows the cases of several women and doesn't spare us the details of the appalling torture and rape that many of them suffer: Claudia Madrid, aged 21, shot in the street, leaves a husband and two children; Claudina Valesquez, 19 year old law student, shot in the street; Stephanie Lopez, aged 13, tortured with multiple stab wounds; 20 year old Titina, a law student kidnapped and then brutally murdered… the list goes on.

THE SO-CALLED “PEACE ACCORDS”

These assassinations take place in a country accustomed to violence, Where impunity is the norm. In 1996 after 36 years of civil war it was hoped that the signing of the Peace Accords might start to bring about changes, but after 3 decades violence and impunity continue to manifest themselves throughout society. The National Police are unequipped or unwilling to deal with the crimes (no national data base, no DNA testing etc); the justice system is totally ineffectual, witnesses are too afraid to speak out; many believe that the police are themselves involved. Of more than 2000 documented murders of women during the last 4 years only a handful of the perpetrators have been brought to justice.

The words of the grieving mother of Stephanie Lopez reflect this climate of fear: “I don't want anyone to investigate my daughter's murder, I have other children to think about”.

THE IMPUNITY OF GENERATIONS OF KILLERS

Explanations behind the ever increasing levels of violence are complex and varied but perhaps at the heart of the problem lies the impunity that continues to be enjoyed by generations of killers. Of the hundreds of massacres carried out during the civil war involving many women and children, only a handful of the lowest ranking killers (civil defense patrollers) have been brought to justice.

By any reckoning levels of violence in Guatemala are high; the number of men violently murdered is 8 times that of women, but the gap is closing.   

Many blame the maras or street gangs made up of the young, poor, unemployed and desperate, fuelled by drug trafficking and common crime. Recently their numbers have been swelled by gang members deported from the USA.

Domestic violence, both physical and psychological, is widespread and not classed as a criminal offence. Abuse of women is both private and public spheres is common. Indigenous women suffer particularly; in traditional Mayan communities a rapist is spared punishment if he marries his victim. Young women over protected by strong catholic and evangelical beliefs are hopelessly ignorant about sex and vulnerable to exploitation, prostitution is widespread.

More chillingly a recent report by FIDH (Federacion Internacional de Derechos Humanos) believes that clandestine organizations who have worked behind the scenes for decades, proping up unpopular governments, the wealthy elite and keeping popular protest in check, may well be behind this plague of violence.

HR defenders are all too familiar with their unmarked cars with polarized windows that many say have been seen at the scene of these crimes.

It would appear that these organizations want to send a message of terror and intimidation to all women.

EXTRAORDINARILY BRAVE GUATEMALAN WOMEN

Against all the odds there are extraordinarily brave Guatemalan women who put their own lives on the line to provide attention to victim's families, to draw the media attention to the situation, to provide physical and psychological attention to survivors of violence and to pressure the government into doing its job.

The documentary briefly mentions the work of the women of the grassroots organization Ixqik, in the department of the Peten, who are working to train a regional network of promoters who will provide support and access to legal attention for victims and their families in remote rural communities. Many women's organizations have long worked on empowering women to enable them to say no to violence. In Guatemala City AMES – Associacion de Mujeres en Solidaridad campaigns with other members of the Red de no Violencia and provides support to victims.

Every year grass roots organizations join together to march to the central park in Guatemala City where they create a moving memorial to the dead with photos, candles and flowers. Their slogan is: “Por la vida de las mujeres – ni una muerte mas” (In defense of women's lives; Not one more death).

You can download the latest version of the UK newsletter from Rights Action here.


 
The following is a transcript of parts of the documentary.

KILLER'S PARADISE IN GUATEMALA
By Olenka Frenkiel, BBC This World, May 3, 2006

The number of women killed in Guatemala is soaring, but not a single murderer has been convicted. A BBC documentary team traveled there to find out why.

Claudia Madrid, aged 21, lies dead in the gutter, shot while walking with her children. Investigators walk past her husband in the morgue as he waits to identify her body.  They will never question him.  “It's the fashion here to murder women. They never investigate such third class crimes,” he says.

He smiles.

Two refuse sacks containing the body of a woman cut into 19 pieces are found in the street. Her decapitated head lies in the road.  Police remove her limbs from the plastic bags to show the press. If no one comes to identify her she will be classed XX, and buried in an unmarked grave.

[More than 2,000 women have been murdered in the last four years]

'RED NAIL VARNISH'

The swollen naked body of another woman lies in a dried up river bed. Her mouth hangs open. Her eyes and a gash in her skull have been pecked by vultures.  An investigator says: “She was probably a prostitute.” He points at her hands. “red nail varnish,” he says.  In Guatemala , the victim is always to blame. Another XX.

CAUSE OF DEATH

Fifteen million people live in Guatemala and two women are murdered there every day.  Even more men are murdered, but the gap is closing fast. In 2005, 665 women were killed – more than 20% up on the previous year. No-one really knows why because the crimes are rarely investigated. Not one of the 665 murders last year has been solved. Are these gangland killings? Crimes of passion? Domestic violence? Serial killers? Probably all of these. Norma Cruz, a human rights activist explains: “There is no fingerprint data base, no DNA testing, no profiling of the victims, or of the murders themselves. There is no ballistics database, no cross-referencing.”

SYSTEMATIC IMPUNITY AND GENERATIONS OF KILLERS

No-one knows anything and killers are roaming free, protected by systemic impunity. The justice system is corrupt and police are afraid to investigate. Witnesses are afraid to testify and bereaved parents are afraid to agitate for action. Even the interior minister himself speaks darkly of the “parallel powers”, those really in charge.

In the 1950s it was the United Fruit Company which had such clout in Guatemala that the US backed a military coup to protect their profits from land reform. Today it is the spoils from drugs which are protected by corrupt institutions at the top, and brutal street gangs below.

In 36 years of civil war, 200,000 people were murdered and women were routinely raped. Today the graves of entire massacred villages are being exhumed, yet no one has ever been held responsible for these crimes. Three generations of killers have murdered with impunity.

Peace was agreed in 1996, leaving the country awash with guns and those women who have ventured out of their homes to study and to work have now become targets.

BLOOD-STAINED CLOTHES

One man, a dental technician, collapses in tears when he speaks of his 20-year-old daughter. When neighbours ran to tell him kidnappers had forced her into a car, he begged the police to put up road blocks to help save her. They told him nothing could be done for 24 hours. By then she was dead. Her body was found, mutilated, bitten and shot many times. “I don't want to live,” he told Norma Cruz, “I wish someone would shoot me.”

“There is total indifference from the authorities to these crimes,” says Cruz. Months later, in the home he and his family have abandoned in fear, he finds the blood and saliva-stained clothes his daughter was wearing when she was killed. Evidence that could have been vital in a prosecution is routinely contaminated and returned to the families, or buried in the coffin with the victim.

HISTORY OF ATROCITY

The President of Guatemala, Oscar Berger, listens as I present him with the latest statistics showing another steep rise from the previous year. “Despite these cruel figures,” he says, “I am optimistic. We have reformed the police and we have more radio patrols,” he answers, castigating me for my pessimism and denying that the justice system's failures guarantee impunity, not just to this generation of killers but to all those who went before.

He would like the world to believe that the atrocities of Guatemala's past are history. But the killings will not stop unless the justice system works. And there can be no justice for today's killers in Guatemala as long as those of previous generations, politicians and military men, continue to benefit from this culture of impunity.

["Killer's Paradise" was broadcast on BBC, May 4, 2006]

A new report has just been published called 'Multiple Disadvantages of Mayan Females: The Effects of Gender, Ethnicity, Poverty, and Residence on Education in Guatemala'. The report is put together by Kelly Hallman, Sara Peracca, Jennifer Catino and Marta Julia Ruiz. To quote from their abstract:

“Although access to primary education in Guatemala has increased in recent years, particularly in rural areas, levels of educational attainment and literacy remain among the lowest in Latin America. Problems include late entry, grade repetition, and early dropout.

Inequalities in school access and grade attainment linked to ethnicity, gender, poverty, and residence remain. Age trends show that Mayan females are the least likely to ever enroll, and, if they do enroll, to start school the latest and drop out earliest.”

The report pulls together evidence for the something that is often asserted anecdotely: that Mayan females are least likely to enroll or progress through Guatemala's education system if they do enroll. The report looks at the reasons why this should be the case. It's dissapointing that it does not spend more time looking at the reasons for this low enrollment- because here in surely lies at least part of the solution. It does however highlight the following reasons:

Sick/incapacitated, unable to pay monthly fee, housework, work, lack of money, finished studies, not interested, require special school, have to repeat grade, temporary migration, distance/transport, there is no school, school does not offer that grade, age, and other.

According to their results between 39-50% of Mayan females aged 7-12, cited lack of money as the main reason for not going to school. Having worked in this area myself the reasons are a lot more complicated than simply a lack of money. For example, not having a valid birth certificate, lack of parental support, scholarships that end halfway through the pupils education, etc. It will interesting to read the book 'Doubly Disadvantaged Girls' this report is feeding into when it gets published.

The National Statistical Institute (INE) collected these data between 1999 and 2000. The sample is nationally representative and consists of 11,170 households, 3,544 urban and 7,626 rural.

A man carries banners during an anti-mining protest in Guatemala City,
June 14, 2006. Protesters from San Marcos, near the Glamis Gold mining
project, protested against the effects of the mines on the villagers.
REUTERS/Daniel LeClair