Guatemala’s indigenous peoples need you to TAKE ACTION now!
Tell Mining Transnational Goldcorp Inc. to End the Persecution of Maya Mam Human Rights Defenders
Goldcorp Inc, through its Guatemalan subsidiary Montana Exploradora, has once again taken legal action against Maya Mam campesinos resisting their mining operations in San Miguel Ixtahuacán, in the Western highlands of Guatemala. Complaints were allegedly filed by Montana against 7 local leaders after a confrontation with the company over a land dispute and concerns over water resources that took place on Friday, June 12th in the community of Saqmuj, located in the village of Agel.
NISGUA and Collectiff Guatemala, two solidarity organizations, are deeply concerned following reports of recent intimidation and persecution of human rights defenders, along with high levels of militarization as a result of this conflict.
The Context
As the Canadian gold mining giant Goldcorp attempted to begin new mineral exploration in Saqmuj last week, community members rallied in opposition, fearing mining activities would jeopardize precious water resources and result in additional environmental and health impacts. The conflict lead to the destruction of some company equipment. As a result, the Guatemalan police and military moved in en mass to the region, surrounding the offices of local development organization ADISMI, and Goldcorp has filed legal complaints against community leaders.
Since May 19th, company equipment had been stationed on a piece of land that a family had recently sold to the company. Allegedly, other family members and the remaining families in the community had tried to convince their neighbor not to sell the land, claiming that the community as a whole did not support the presence of the mine, and that there is no community consent to sell the land. The families fear that selling this land puts at tremendous risk the integrity and access to at least three water springs on which families in Saqmuj depend.
This event points to a festering tension between community members fueled by Goldcorp’s land appropriation tactics of pressuring individual families to sell instead of achieving broader consent from the community. Land conflicts have arisen from a continuous violation of the communities´ right to grant or deny their free, prior, and informed consent before mining operations begin.
One community leader, Gregoria Crisanta Perez, is facing an arrest warrant – this is the second time Goldcorp has taken legal action against her– and Goldcorp has filed charges against six others. Community leaders are receiving threats, including a text message sent to Javier de Leon with the San Miguel Ixtahuacán community group ADISMI on June 15th stating, “Hello Mr. de Leon, do not get involved where it is not convenient, if you do say goodbye to your wife and your loved ones (feminine). And just await death…” (“Hola señor de León, no te metes donde no te conviene, si te metes despídete de tu mujer y despídete de tus queridas. Y solo espera la muerte…”). Javier de Leon has received a total of four threats via text message since the incident occurred.
According to local reports:
On Thursday, June 11th: Goldcorp officials signed an agreement with the community stating their intention to address community demands to withdraw their equipment and agreed to meet the following morning at 9:00am. Six national police units and two special, anti-riot troops arrived in the community to allegedly protect Goldcorp officials.
On Friday, June 12th: Community members awaited over three hours for Goldcorp officials to show up for the agreed-upon meeting, and as the company did not comply, some community members present took alternate measures and incinerated some company equipment.
On Monday, June 15th: District attorneys from San Marcos (The District Attorney flew into the area from San Marcos on a company plane), military personnel, and Montana officials alongside police officers, surrounded the ADISMI office and questioned the organization’s leadership as to the whereabouts of community leader Gregoria Crisanta Perez, whom the district attorney was looking to arrest for allegedly committing criminal acts, while suggesting ADISMI was hiding her. As officials searched the office and took pictures, those members of the organization present report feeling afraid and intimidated during and after the event.
The events in Agel are part of a larger pattern of conflict over land rights between Goldcorp and communities, where organized community opposition to mining activities has been swiftly countered by militarized crackdowns. This is not the first time Goldcorp is involved in repression of human rights defenders. In 2007 the company filed charges against seven Maya Mam indigenous men for protesting coercive land appropriation strategies of the company, and in 2008 against eight Maya Mam indigenous women for their acts of opposition to the company’s presence on their land.
Recent occurrences stem from an increasing social conflict being caused by the mine’s extraction presence since 2005. In the same community where the confrontation took place, the local development committee, who receives substantial sums of money monthly payments from the mining company, cut off running water from the home of community leader Crisanta Perez, allegedly for her involvement in speaking out against the mine. Confrontations between mine workers and opposing neighbors have occurred repeatedly, at times ending in threats or violent attacks.
Through democratically held community referenda, since June 2005 many communities in the area around Goldcorp’s Marlin mine have voted in opposition to mining activities, and Goldcorp, alongside the Guatemalan government, has consistently ignored legitimate community declarations to reject mining activities; instead turning to the Guatemalan police to protect their private interests, employing intimidation tactics, illegitimately acquiring lands and failing to abide by community decisions to protect their rights, protect their territories and reject mining activities on their lands.
TAKE ACTION NOW to protect human rights defenders.
Please call CEO Charles Jeannes and tell Goldcorp to:
- Immediately cease all intimidation and repression of community protest against mining activities,
- Immediately drop all legal charges against community members, and
- Suspend mining operations in Guatemala given existing and continuing social conflicts caused by the presence of the mine. Respect community rights to grant or deny their free, prior, and informed consent and community referenda.
Call, fax or write Charles Jeannes, Goldcorp CEO at:
Goldcorp Inc. Head Office:
Park Place, Suite 3400-666 Burrard Street
Vancouver, B.C. V6C 2X8
Telephone: (604) 696-3000, Fax: (604) 696-3001
Please write or fax the Guatemalan government and the District Attorney’s Office in San Marcos urging:
- The immediate withdrawal of state and private security forces currently in San Miguel Ixtahuacán on behalf of Goldcorp Inc. and all excessive militarization used to intimidate and repress communities and human rights defenders.
- To drop all criminal charges against community members in San Miguel Ixtahuacán and an end to the criminalization of protest in the area.
- Protection for members of ADISMI and other threatened human rights defenders.
- Respect community rights to grant or deny their free, prior, and informed consent and community referenda.
Call, fax or write the San Marcos District Attorney at:
Fiscalia Distrital San Marcos
7a. Av. "A" 8 - 06, zona 1
San Marcos, San Marcos. Guatemala.
Fax: + 502 7760 4350 / 7760 4355 / 7760 1051 (if someone answers, say "tono de fax, por favor")
Salutation: Estimado Sr./Sra. Fiscal.
English letters are welcome
* * *
For Background information on the Goldcorp Marlin mine, read NISGUA’s mining overview here: http://nisgua.org/themes_
Or read the Guatemalan Accompaniment Program’s “Territorios indígenas y democracia guatemalteca bajo presiones” report in Spanish at: http://guatemala.at/ido%
Sample Letter for Goldcorp Inc. and Montana Exploradora (Guatemalan subsidiary)
Dear Mr. Jeannes,
I send this letter expressing my grave concern for the situation currently unfolding in your ‘Coral Project’ in the community of Agel, in San Miguel Ixtahuacán, Guatemala, where your gold and silver Marlin mine is located.
I understand you have brought legal charges against 7 community members opposed to your mine who were allegedly involved in destruction of property, one of who is facing an arrest warrant. While I do not condone violence on either side, understand that the recent conflict in Agel is part of a larger pattern of community opposition to your mining operations. Since June 2005, community pleas to reject mining activities through democratic community referenda have been swiftly dismissed by your company. Communities feel threatened and intimidated to sell their – collectively held – land and see this as coercive process of land appropriation. Instead of achieving broader community consent, land conflicts have arisen from your company’s continuous violation of the communities´ right to grant or deny their free, prior, and informed consent of mining operations.
The criminalization of human rights defenders is egregious and this is not the first time your company has filed legal charges against community leaders, including charges against seven Maya Mam indigenous men in 2007 for protesting coercive land appropriate strategies of your company, and then again in 2008 against eight Maya Mam indigenous women for their acts of opposition to your company’s presence on their land.
Tensions brought about by your mining operations have only escalated, and community leaders are receiving threats, including a text message sent to Javier de Leon with the San Miguel Ixtahuacán community group ADISMI on June 15th stating, “Hello Mr. de Leon, do not get involved where it is not convenient, if you do say goodbye to your wife and your loved ones (feminine). And just await death…” (“Hola señor de León, no te metes donde no te conviene, si te metes despídete de tu mujer y despídete de tus queridas. Y solo espera la muerte…”). Javier de Leon has received four threats via text message since the incident occurred.
Human rights defenders have the right to carry out their activities without any restrictions or fear of reprisals, as set out in the UN Declaration on the Rights and Responsibilities of Individuals, Groups and Institutions to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
I am concerned that these legal charges have been filed in response to the individuals' participation in opposing the Marlin mine and defending community rights in the face of damages caused by the mine and in protection of their rights, livelihoods and environment. I ask that you work to put an end to the criminalization of protest in the areas surrounding the Marlin mine, and urge you to:
- Immediately cease all intimidation and repression of community protest against mining activities,
- Immediately drop all legal charges against community leaders, and
- Suspend mining operations in Guatemala given existing and continuing social conflicts caused by the presence of the mine. Respect community rights to grant or deny their free, prior, and informed consent and community referenda.
Failure to act now to stop the criminalization of community members who oppose your mine would only serve to bring strongly into question your company's commitment to human rights and respect for local communities.
Sincerely,
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