September 23, 2022<\/p>\n
A\/A Mr. Jos\u00e9 Manuel Albares
\nMinister of Foreign Affairs, European Union and Cooperation
\nGovernment of Spain<\/p>\n
Dear Mr. Minister,<\/strong> COMMUNICATION ON FORCED EVICTIONS AND CRIMINALIZATION OF PEOPLE <\/strong> December 29, 2021 marked 25 years since the signing of the Peace Agreements in Guatemala. Despite the commitments included in relation to addressing the structural causes of the Internal Armed Conflict (CAI), the conditions that gave rise to the conflict essentially remain today. Deep social inequities, the high concentration of land, and the expansion of mega investment projects - hydroelectric, mining and agro-industrial - shape the socioeconomic reality of this country, which ranks ninth in the world in terms of inequality. To date, there are at least 1,400 unresolved agrarian conflicts in Guatemala that mainly affect indigenous peoples.<\/p>\n In this context of conflict over land, communities that defend the right to land and the defense of territory face criminalization processes and forced evictions that violate international human rights standards. In its 2017 report, Human rights situation in Guatemala, the Inter-American Commission on Human Rights (IACHR) notes the existence of \u201ca pattern of human rights violations when evictions are carried out, which includes the violation of the right to consultation, and the lack of prior notification, which are usually carried out in a summary and violent manner by members of the National Civil Police, the Army and the National Council of Protected Areas (CONAP), and involve the burning and destruction of homes, food, animals, without provision for return or relocation, without real possibilities of due process or access to justice.\u201d In the same report, the IACHR identified that leaders who defend the rights of indigenous peoples, the territory and the environment are especially exposed to criminalization.<\/p>\n According to the records of the Human Rights Defenders Protection Unit -Guatemala (UDEFEGUA), in 2021, 1,002 attacks were committed against people, organizations and communities defending human rights, and during the first six months of 2022 589 attacks have been reported. Likewise, the climate of high territorial conflict sponsored by the extractive development model that the State of Guatemala has opted for, has left a total of 179 attacks in 2021. These data are in line with the global trend. According to Front Line Defenders, arrests and detentions were the most common ways used by States to stop the work of defenders in 2020. The 2019 report from the Office of the UN High Commissioner for Human Rights warns about the criminalization suffered by human rights defenders based \u201con the improper use of criminal law against them,\u201d which especially affects those who defend land and natural resources.<\/p>\n The patterns of misuse of criminal law against defenders, community leaders, as well as indigenous peoples and peasants are characterized by serious deficiencies in the criminal process, lack of evidence, fabrication of accusations, lack of individualization of the facts and unjustified delay of processes, which increase the economic, social and emotional wear and tear of defenders, their families, communities and organizations. At the root of these situations are conflicts over access to land, the protection of natural commons and territorial rights. Currently there are numerous cases of judicialization of defenders in Guatemala that exemplify these patterns of criminalization, such as the cases of the Council of Communities of Retalhuleu (CCR), the Verapaz Union of Peasant Organizations (UVOC), the Peasant Committee of the Altiplano (CCDA), the Chort\u00ed Nuevo D\u00eda Peasant Coordinator (CCCND) or the Pacific Resistance of Cahab\u00f3n.<\/p>\n Last May 2022, two Guatemalan defenders from Alta Verapaz, representatives of the CCDA and the Pacific Resistance of Cahab\u00f3n, toured the Spanish State, in which they explained the situation regarding the conflicts over access to land. , the defense of natural assets and water, and the criminalization of land defenders in Guatemala. In the case of the CCDA, there are currently 1,024 arrest warrants against members of the CCDA, of which 375 are women, imprisonment of 5 leaders, eviction orders, attacks with weapons against families and 12 people murdered in the last 10 years.<\/p>\n On July 12, they had a hearing for the resolution of the extraordinary appeal of Jorge Coc and Marcelino Xol, indigenous authorities of the Choctun Basil\u00e1 community, in the municipality of Cob\u00e1n, department of Alta Verapaz. Both are members of the Altiplano Peasant Committee (CCDA), imprisoned since 2018 in the Cob\u00e1n Preventive Detention Center for Men and Women. The process is marked by multiple violations of due process, the inconsistency of witnesses and evidence of their innocence. They are still waiting for the Court's resolution.<\/p>\n In the case of the Peaceful Resistance of Cahab\u00f3n, within the framework of its fight for the defense of the territory and the right to prior, free and informed consultation, the Resistance has suffered multiple abuses, threats and intimidation. The best-known act was the criminalization and sentencing of Bernardo Caal Xol, leader of the Resistance. He suffered a serious process of defamation, criminalization and judicialization, which led to the very controversial sentence, handed down by a Cob\u00e1n court in November 2018, which sentenced him to 7 years and 4 months in prison for alleged crimes of illegal detention and aggravated robbery. . Representatives of the United Nations considered the legal process against Bernardo Caal Xol as a clear case of criminalization. On March 24 of this year, after 4 years in prison, Bernardo Caal was released for good behavior. Hearings are still pending in a second case opened against him.<\/p>\n We are concerned about the lack of legal land security that exists in many communities; the nonexistence of bodies in charge of promoting dialogue solutions to land conflicts, as well as the nonexistence of a comprehensive agrarian policy. All of this occurs in a context of deep fractures in the justice system and a strong weakening of the rule of law, which could lead to a further escalation of violent land conflicts and the imposition of the interests of powerful people and groups, in particular. detriment In a context of weakening public institutions and attacks against the independence of justice in Guatemala, the situation for criminalized defenders becomes very critical. In this sense, the recognition of the work of defenders by the international community, as well as the monitoring of their cases through the observation of trials, is essential to promote the guarantee of due process.<\/p>\n Given this situation, the signatory organizations subscribe to this urgent call:<\/p>\n 1. Reaffirming our support for the work of people, organizations and communities defending the land, territory and environment in Guatemala, concerned about the criminalization processes that are articulated against the work of <\/strong>are.<\/strong> From the signatory organizations we will remain vigilant against 2. Demanding that the Government of Spain monitor compliance with ILO Convention 169, ratified by the State of Guatemala, in areas where investments of Spanish origin are present, and that these investments do not violate the full effectiveness of social and economic rights. and cultural of those peoples, 3. Requesting the Government of Spain, through its Embassy in Guatemala, to carry out observations of the hearings of the trials against the defenders of land and territory prosecuted, showing the concern of the international community to guarantee due process.<\/p>\n 4. Demanding that the Government of Spain, in its bilateral dialogues with Guatemala, emphasize the urgency of reestablishing responsible institutions and mechanisms capable of promoting dialogue and peaceful solutions to land conflicts, and that know and enforce the rights and fundamental needs of rural and indigenous communities.<\/p>\n #Defensemlavida #Defendemoslavida Adhesions \/ Adhesions \/ Atxikipenak:<\/strong><\/p>\n 1. Valencian Coordinator of ONGD (CVONGD)<\/em> \u2013 It brings together 102 NGDOs<\/strong><\/em> 23 de septiembre de 2022 A\/A Sr. Jos\u00e9 Manuel Albares Ministro de Asuntos Exteriores, Uni\u00f3n Europea y Cooperaci\u00f3n Gobierno de Espa\u00f1a Estimado Sr. Ministro, M\u00e1s de un centenar de organizaciones de la sociedad civil nos dirigimos a usted para mostrar nuestra preocupaci\u00f3n por la situaci\u00f3n de riesgo en la que se encuentran personas, organizaciones y […]<\/p>\n","protected":false},"author":2,"featured_media":6724,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[4],"tags":[211,212],"class_list":["post-6723","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-sensibilizacion","tag-guatemala","tag-paz"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/posts\/6723","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/comments?post=6723"}],"version-history":[{"count":1,"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/posts\/6723\/revisions"}],"predecessor-version":[{"id":6727,"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/posts\/6723\/revisions\/6727"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/media\/6724"}],"wp:attachment":[{"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/media?parent=6723"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/categories?post=6723"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fundacionporlajusticia.org\/en\/wp-json\/wp\/v2\/tags?post=6723"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nMore than a hundred civil society organizations are writing to you to show our concern about the risk situation in which people, organizations and communities defending land and territory in Guatemala find themselves, and to urge that the Government of Spain acts to promote their protection. Through the following statement, the signatory organizations carefully ask you to actively follow up on cases of forced evictions of communities that defend the right to land, and on the criminalization processes to which defenders are subjected.<\/p>\n
\nDEFENDERS OF THE LAND AND TERRITORY IN GUATEMALA<\/strong><\/p>\n
\nagainst peasants and people who defend the land, the territory and the environment. Those who defend the land, the territory and the environment continue to be one of the most persecuted groups today. The most used types of criminalization, according to UDEFEGUA records, are acts of defamation and stigmatization, unfounded judicial complaints and illegal detentions.<\/p>\n
\nof indigenous communities.<\/p>\n
\nof indigenous communities.<\/p>\n
\nany violation of rights and violent repression of social protest and peaceful resistance by the Guatemalan Government.<\/p>\n
\nrespecting their social and cultural identity, their customs and traditions, and their institutions, as well as to carry out prior, free and informed consultations for all those actions that affect them in their ancestral territories, following the traditions of the affected indigenous people.<\/p>\n
\n#LibertadJorgeCocyMarcelinoXol
\n#We are defenders
\n#We are defenders
\n#Nocriminals<\/p>\n
\n2. Solidaritat amb Guatemala Platform of Barcelona<\/em>
\n3. Ecofeminist Network<\/em>
\n4. Amycos.org<\/em>
\n5. Association for research and specialization on Ibero-American Issues (AIETI)<\/em>
\n6. Palante Women Association<\/em>
\n7. Asoc. Nourdine \u2013 La Paz Cultural Association<\/em>
\n8. Association for Cooperation Between Communities (ACOEC)<\/em>
\n9. Peace with Dignity Association<\/em>
\n10. Association for Human Rights of Spain (APDHE)<\/em>
\n11. Zehar-Errefuxiatuekin Association<\/em>
\n12. Associaci\u00f3 El Llibrell, local transformation groups<\/em>
\n13. ATELIER ONGD- Association of technical specialists in research and studies on <\/em>
\nthe latin american reality<\/em>
\n14. Berdinak Gara<\/em>
\n15. International Peace Brigades (PBI) \u2013 Spanish State<\/em>
\n16. CEDSALA (Center for Documentation and Solidarity with Latin America and Africa)<\/em>
\n17. CIM Burkina \u2013 Collaboration with children and women in Burkina Faso<\/em>
\n18. Col.lectiu de Teatre de les Oprimides \u2013 Guardians of the Earth<\/em>
\n19. Col\u00b7lectiu Mariola Zapatista<\/em>
\n20. Col\u00b7lectiu rural Benisterra (the Vall de Perputxent)<\/em>
\n21. Popular Christian Community Valencia<\/em>
\n22. Barcelona Youth Council (CJB)<\/em>
\n23. Cooperation<\/em>
\n24. CSAM Mas del Potro (Social Self-Management Center of Muntanya)<\/em>
\n25. CSOA l'Horta<\/em>
\n26. CuinaViva! agroecological menjars<\/em>
\n27. Ecologists in Action<\/em>
\n28. The Pa Sencer SCCL<\/em>
\n29. Solidarity Schools<\/em>
\n30. Musol Foundation<\/em>
\n31. Euskadi Peace and Solidarity Foundation<\/em>
\n32. Foundation for Justice<\/em>
\n33. Greenpeace Spain<\/em>
\n34. Alm\u00e0ciga Intercultural Group<\/em>
\n35. ICID (International Cooperation Initiatives for Development)<\/em>
\n36. Engineering Without Borders of the Basque Country \u2013 Euskal Herriko Mugarik Gabeko Ingeniaritza<\/em>
\n37. Mesoamerican Initiative of Women Human Rights Defenders<\/em>
\n38. Intersindical Solid\u00e0ria<\/em>
\n39. Komun.org
\n40. THE HARVEST Communication<\/em>
\n41. L\u00eager\u00een Azad\u00ee<\/em>
\n42. Liga dels Drets dels Pobles<\/em>
\n43. Lumaltik Herriak<\/em>
\n44. United Hands<\/em>
\n45. Medicusmundi Mediterr\u00e0nia<\/em>
\n46. Mugarik Gabe<\/em>
\n47. ONGD Ensenyants Solidaris<\/em>
\n48. Oscarte ONGD<\/em>
\n49. Perif\u00e8ries del M\u00f3n<\/em>
\n50. La Hoya de Bu\u00f1ol-Chiva Clean Air Platform<\/em>
\n51. MOVILIZATE Platform<\/em>
\n52. Save Farraj\u00f3n Platform<\/em>
\n53. Native Path Project<\/em>
\n54. Food Sovereignty, Biodiversity and Cultures Magazine<\/em>
\n55. INTER-UNION STEI<\/em>
\n56. SETEM CATALUNYA<\/em><\/p>","protected":false},"excerpt":{"rendered":"