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. 

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. 

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.