Human rights and land rights defenders are still under attack in Guatemala

by Jim Hodgson

Despite the inauguration earlier this year of a more progressive government in Guatemala, community land defenders still face criminal violence and judicial threats.

The government of President Bernardo Arévalo condemned the murder June 5 of a 47-year-old lawyer who worked to protect Indigenous and small-farmer land rights.

José Alberto Domingo Montejo worked with the Comité de Unidad Campesina (CUC, Committee for Farmworkers Unity) and had been part of CUC’s legal team since 2019. 

Left: A poster from Prensa Comunitaria denouncing the murder of José Domingo. Right: a statement from the Office of the UN High Commissioner for Human Rights upholding the right of small farmers’ organizations to work freely and safely, and calling for a fast and impartial investigation.

Domingo was shot during an ambush on a gravel road in Palin, Escuintla department, southwest of the Guatemalan capital. Two other CUC members, Gustavo Yoxon and Marcelo Yoxon, were wounded in the same attack.

They were doing what CUC and another organization with which I am more familiar, the Comité Campesino del Altiplano (CCDA, Highlands Committee of Small Farmers) do all the time: working to advance the interests of small farmers and Indigenous peoples by helping to legalize a community land title. The CCDA condemned the attack and expressed its solidarity with families of the victims.

“This attack is added to the wave of violent judicial and extrajudicial evictions, captures and arrest warrants,” said CCDA in a statement on social media. 

The Pact of the Corrupt

Guatemala may have that more progressive government but Arévalo and his cabinet do not control all the levers of power. 

A key obstacle is Consuelo Porras, the attorney general appointed in 2018; her term was renewed in 2022 and extends to 2026; she can only be removed if convicted of a crime. 

Left: A CCDA news conference [text in English] on June 3 warned the “Pact of the Corrupt” tries to provoke confrontations between government and small farmers and Indigenous communities.

The U.S. Department of State added Porras to a list of “undemocratic and corrupt” officials in 2021. And last year, the Organization of American States (OAS) called her efforts to annul Arévalo’s election “an attempted coup d’état.”

“Porras has served as the spearhead of the Pact of the Corrupt,” wrote former Guatemalan foreign minister Edgar Gutiérrez in December while she was still trying to quash the election result. He described the Pact of the Corrupt as “a loose coalition of politicians, bureaucratic and business elites, plus powerful drug trafficking groups, which has pushed back civil and political liberties, unleashing fierce persecution against dissent, particularly against independent justice operators, who now number half a hundred in exile.”

For people in a community that is struggling to establish a land claim, even with good legal advisors from CCDA or CUT, it is often a challenge to identify opponents. One example is the Xinca Indigenous community of Nueva Jerusalén, located further south in the same Escuintla department where José Domingo was killed. By March 2023, the community had exhausted legal avenues within Guatemala (despite having shown the land in question belongs to the government and having proven irregularities in the claim of a supposed owner. After I had joined a meeting with community leaders and CCDA advisors, I wrote about the community’s appeal to the Inter-American Court of Human Rights (IACHR).

But a few months later, on August 9, police and private security forces burned the community to the ground and forced the 53 resident families to flee. 

In these scenarios—and there are scores of them—it can be difficult to distinguish between a legal, court-ordered eviction (even if fraudulently obtained) and a private army: in effect, a paramilitary death squad. 

And so you find a paragraph like this one in an Amnesty International report that (correctly, in my view) blends the crimes of state and non-state actors. From the victims’ point of view, it’s hard to see the difference.

“The Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA) reported 5,965 attacks against human rights defenders between January and November 2023, including threats, killings, harassment and arbitrary detentions. Criminalization increased, particularly against those involved in the fight against impunity and corruption.”

And this paragraph from a Maritimes-Guatemala Breaking The Silence (BTS) Network report on the Nueva Jerusalén eviction:

“[T]he state abets and perpetrates violence against the community. The police—the armed wing of the state—have…ransacked homes, destroyed possessions and sought to provoke community members to protect themselves. With this sleight of hand, they bring charges against community members, used to defame and criminalize the residents of Nueva Jerusalen.”

“Bringing charges.” “Criminalization.” 

Mélisande Séguin of BTS notes that land defenders continue to meet with government officials to stop future arrests. “Nonetheless, with Consuelo Porras at the helm of the Public Prosecutor’s office, criminalization remains a major threat for Indigenous and campesino movements.”

On Feb. 8, the new government signed an agreement with CCDA, CUT and other organizations of small farmers and Indigenous peoples. 

“For our administration, dialogue is not just a tool but a key pillar that promotes citizen participation in defining the agendas that effectively solve different needs,” said Arévalo during the signing ceremony. He said the agreement was the product of a dialogue process that began in the last quarter of 2023.

“All Guatemalans are equal in dignity and rights. The new government embraces the idea that everyone has something valuable to contribute and deserves to be heard,” he said.

Speaking at the ceremony, CCDA national coordinator Neydi Yasmín Juracán stated: “For us, it is a historic day because we have been meeting politically and technically for these agreements.” She said CCDA has worked for more than 28 years to prevent and end land evictions, but:

  • 12 community leaders were assassinated between 2018 and 2022.
  • Seven leaders are currently imprisoned.
  • 1,788 arrest warrants, 35 per cent targeting women.
  • Seven active temporary shelters to attend to agrarian conflicts.
  • 1,320 cases were accompanied by the CCDA.

Mexico celebrates Presidenta Sheinbaum

by Jim Hodgson

For the first time, Mexicans have chosen a woman to be their president. She is Claudia Sheinbaum, 61, a climate scientist who previously served as mayor of Mexico City. 

“The transformation continues!” A campaign billboard promotes the campaign of Claudia Sheinbaum in the southern state of Chiapas. The slogan refers to the ‘Fourth Transformation‘ of Mexican political institutions and the economy begun by her predecessor, Andrés Manuel López Obrador.

That a woman is president is no minor detail. It was only in the middle of the last century that women in Mexico won the rights to vote and to run for public office. Even now, only 14 of 193 nations have women in power as presidents or prime ministers.

Sheinbaum can be expected to continue the generally progressive approaches taken by her predecessor, Andrés Manuel López Obrador (known as AMLO). Her leading opponent was businesswoman and former senator Xóchitl Gálvez, candidate of a centre-right coalition. 

A CBC News report days earlier said that neither Sheinbaum nor Gálvez actually committed themselves to “real change for women” on issues such as pay equity, reproductive rights, or violence against women. 

One of Mexico’s leading journalists, Blanche Petrich, wrote that three women (Michelle Bachelet in Chile, Cristina Fernández in Argentina, and Dilma Rousseff in Brazil) who were representative of the progressive “pink wave” governments in Latin America did not “leave a legacy that would definitively reverse gender inequality.” 

A CBC News report on the quality of feminism represented by Mexico’s two leading candidates, and Blanche Petrich’s review in La Jornada of past experiences of women as presidents in Latin America.

Bachelet, notes Petrich, once said: 

“What does it mean to be a woman in public office? Is it to be the same as a man, but with a skirt? No. When a woman arrives alone in politics, the woman changes. When many women arrive in politics, politics change. And clearly, one of the challenges and needs of our democracy is to improve the quality of politics.”

In the Mexican election, Sheinbaum and Gálvez tended to address issues of concern to women within a range of economic, social and criminal justice proposals. Framed this way, there were sharp differences between the two.

Sheinbaum will continue to give priority to social programs, pensions and scholarships that benefit the least advantaged, as well as concentrating on investment in infrastructure to support industries that create jobs. The approach by Gálvez was that of conservatives everywhere: keep taxes—and wages—low and let the market take care of the rest (though she did promise to maintain AMLO’s social programs).

At her victory celebration late Sunday night, Sheinbaum affirmed her movement’s commitment to democracy. “By conviction, we will never make an authoritarian or repressive government. We will also respect political, social, cultural and religious freedoms, and gender and sexual diversity.”

Regarding criminal justice issues (which media tend to subsume under the heading “security”), Mexico obviously has serious problems. At least 34 candidates were killed during the election period that included national as well as some state and municipal elections. 

There are still about 30,000 homicides per year, though the government says the number has been dropping by about five per cent per year. 

AMLO tried to turn back the violence unleashed by one of his predecessors. In 2006, then-President Felipe Calderón, with backing from the United States, launched a military-led offensive against the drug cartels to curb their violent turf wars. Instead, the violence became much worse. 

AMLO promoted an approach he called “abrazos no balazos”–hugs not bullets. It meant addressing the social roots of violence by giving people the education and other resources they need to avoid being drawn into the drug-trafficking cartels and their systems of power. Over the long term, the approach should lead to reduced levels of violence.

But it has been controversial and is subject to manipulation, even in mainstream media like The New York Times, and has led to threats of military intervention from various U.S. politicians, including the presumptive Republican nominee, Donald Trump. 

Even within the AMLO-Sheinbaum coalition, there is agitation. When Eduardo Ramírez–a former AMLO opponent who, like too many others, opportunistically shifted loyalties–celebrated his victory as governor of Chiapas Sunday night, he said: “There will be hugs, but no impunity.”

United States takes modest step towards easing its long embargo against Cuba

By Jim Hodgson

A modest step forward in the long struggle to end the failed U.S. embargo came this week when the United States removed Cuba from its short list of countries it alleges are “not cooperating fully” in its fight against terrorism. “This move… could well be a prelude to the State Department reviewing Cuba’s designation as a state sponsor of terrorism,” William LeoGrande, a professor at Washington’s American University, told Reuters.

Left: Reuters coverage. Right: As reported by CubaDebate – “State Department recognises the lie, but does not remove Cuba from the list of state sponsors of terrorism.” President Miguel Diaz-Canel told interviewer Ignacio Ramonet that many of Cuba’s economic woes begin with the U.S. blockade, tightened in 2021 with “the inclusion of Cuba in a spurious list determined at will by the U.S. government of countries that supposedly support terrorism.”

Until this week, the administration of President Joe Biden had made only minor reforms—easing some restrictions on travel and family remittances in May 2022—but had scarcely budged from the harsh measures taken by his predecessor, Donald Trump, much less attaining Barack Obama’s level of engagement.

It was just days just before the end of Trump’s administration in January 2021 that Cuba was added to the list of “state sponsors of terrorism” (SST)—because Cuba was hosting peace talks between the Colombian government and one of the guerrilla armies, the Ejército de Liberación Nacional (ELN). Despite occasional setbacks, the Colombian peace process moves forward slowly.

Biden’s new move comes after three years of non-stop advocacy by churches and other non-governmental organizations to end the embargo and to have Cuba removed from the SST list.

Efforts by churches, unions and other groups are driven by a sharp deterioration of the Cuban economy that is partly a consequence of the SST and other measures as banks and other corporations fear running afoul of the U.S. measures. The economic downturn is also related to reduced tourist visits to the country during the Covid pandemic and Cuba’s abandonment of its former two-currency system (one tied to the U.S. dollar, and the other that effectively subsidized local transactions).

In April 2023, an informal alliance of more than 20 Canadian churches, trade unions, development agencies and community solidarity groups wrote to Foreign Affairs Minister Mélanie Joly and to then-International Development Minister Harjit Sajjan to express alarm at the “deterioration of the Cuban economy and consequent impacts on the Cuban people.”

They called on the government to press the United States to ease sanctions and to remove Cuba from the SST list. They also asked that Canada “scale up its efforts to provide immediate food, medicines, and medical supplies to Cuba” (whether directly with the Cuban state or via NGOs and multilateral organizations). 

Canada has made some efforts, notably the announcement March 6 of a $540,000 contribution to the World Food Program to support provision of 150 tons of milk that will assist Cuban children. Canada’s response followed just two days after the Cuban government had made its first-ever request to WFP for food aid. Canada continues to fund the work of NGOs such as Oxfam and CARE Canada in Cuba.

The Canadian letter echoed earlier calls from Cuban and U.S. churches. In a joint letter sent Feb. 18, 2021, they asked Biden to to restore travel, remittances and trade with Cuba; to remove Cuba from the list of “state sponsors of terrorism;” to rescind Trump’s mandate to use extraterritorial provisions of the Helms-Burton law; and to rebuild U.S. diplomatic presence in Cuba. On March 13, 2023, more than 20 U.S. faith groups wrote to Biden to ask that Cuba be removed from the SST list.

The SST designation, along with Trump’s application of measures contained in the 1995 Helms-Burton Act, have extraterritorial impacts. Foreign-owned ships won’t dock in Cuba and foreign banks are reluctant to transfer funds for fear of running afoul of the U.S. laws. To understand better the impact of the SST in Cuba, please read a long report by the Washington Office on Latin America (WOLA).

The extraterritorial features of the Helms-Burton law provoked anger in Canada and Europe, but those features were effectively waived by Presidents Clinton, Bush and Obama. In April 2019, Trump revived them. Canada repeated its objection, and reminded Canadians that amendments in 1996 to Canada’s Foreign Extraterritorial Measures Act (FEMA) stipulate that any judgment issued under Helms-Burton “shall neither be recognized nor enforceable in any manner in Canada.”

But Canada, to my knowledge, has yet to say anything publicly about the SST list.

Meanwhile, churches, NGOs and solidarity groups continue to provide aid to Cuba, including in response to damage caused by Hurricane Ian in western Cuba in 2022 and after the oil storage facility fire in Matanzas in 2022. 

Vancouver-based CoDevelopment Canada is collecting material to send in a container to Cuban trade unions later this summer. 

The U.S. Cuba Normalization Coalition has a fact sheet about U.S.-backed attacks on Cuba. “Cuba has endured 64 years of a U.S. economic blockade.This intensified when President Trump unjustifiably put Cuba on a list of so-called State Sponsors of Terrorism (SSOT).President Biden has continued that listing. Companies worldwide that want to sell medicines or food to Cuba often can’t because their own bank refuses to accept Cuba’s payment under threat of enormous fines from the U.S.treasury for dealing with ‘terrorists’.”