No to mining, Yes to life

Family members of the ‘Santa Marta 5’ file legal complaint over delay in final ruling

by Jim Hodgson

After four postponements in delivering the final written ruling to confirm the acquittal of the defendants, family members of five anti-mining leaders in El Salvador have filed an official complaint against the judges who provided only a verbal not-guilty verdict after trial five months ago.

The defendants are people that I have known for nearly 25 years through their involvement in the Santa Marta Association for Economic and Social Development (ADES).

The text that follows is a based on a text published this week by the Committee in Solidarity with the People of El Salvador (CISPES), supplemented by other media reports.

The complaint against the judges was filed with the Judicial Investigation Directorate of the Supreme Court of Justice (CSJ) Jan. 20, 2026, and adds to a series of public actions undertaken by the families, organizations, and human rights groups to demand the definitive closure of the judicial process against the water defenders. They had previously been part of a successful struggle to stop a gold mine from re-opening in the northern part of Cabañas department.

The Santa Marta 5 were arrested Jan. 11, 2023, and charged in connection with the alleged disappearance of a woman during El Salvador’s civil war. The charges were widely denounced as political persecution: the community leaders had been sounding the alarm over indications that the Nayib Bukele government was seeking to overturn El Salvador’s 2017 ban on metal mining, the first and only in the world. 

They were imprisoned for eight months while awaiting trial and subsequently placed under house arrest, a measure that was granted only after pressure from national and international human rights organizations and elected officials.

In December of 2025, El Salvador’s legislature, dominated by Bukele’s New Ideas party, did in fact overturn the law prohibiting mining in the country.

The defendants were acquitted of all charges in October 2024. The Attorney General appealed the decision, and in November 2024, the Cojutepeque Criminal Chamber overturned the dismissal of the charges and allowed a retrial in a new jurisdiction.

When the second trial concluded in September 2025, the San Vicente Sentencing Court reached the same conclusion in its oral ruling, acquitting the defendants of criminal charges. But the court has since delayed delivering its final written ruling four times, unjustifiably prolonging the judicial process and leaving the case without definitive closure.

On Jan. 9, the judges once again postponed the delivery of the written ruling until Jan. 30, a decision that the families believe could constitute a delay of justice in violation to the principle of “prompt and fair justice” and keeps a process indefinitely open that already has two acquittal rulings.

In the document they submitted to the CSJ, the families of the defendants requested an investigation into the delays as they have prevented the sentence from becoming final. Without a written ruling, the procedural deadlines for either a possible appeal or the definitive closure of the case cannot commence.

Media and social media coverage of the new legal complaint.

Milton Rivas, son of Pedro Antonio Rivas, one of the defendants, explained to the media that the judges “have been delaying the final ruling” and that the complaint filed seeks to demand justice for his family members. “We are not asking for anything, nor have we come to beg for anything; we have come to demand justice, because it is unacceptable that it takes them about five months to submit a document that they could have delivered the same day the hearing ended,” he declared.

Social movements, human rights groups, community representatives, and family members of the defendants denounced the court’s stall tactic during a press conference on Jan. 13. Rivas, joined by community leader Alfredo Leiva, stated that the failure to deliver the written ruling has both prolonged the legal uncertainty and kept the defendants, their families, and the community in a constant state of anxiety.  “This delay keeps our family members in a situation of constant anguish and constitutes a denial of justice,” they declared.

A representative of the University Movement for Critical Thought also warned of a broader context of increasing persecution and criminalization in the country. Currently, at least 38 human rights, environmental, labour, and political activists remain imprisoned, while human rights defenders and community journalists continue to report receiving threats, police harassment, and intimidation campaigns against them.

“We demand an immediate end to [this] persecution and respect for the right to defend the environment, to inform, and to organize,” the organizations stated, issuing an urgent call to Salvadoran society and the international community to remain vigilant given the risk of additional arbitrary arrests targeting critical voices and community organizing efforts.

Finally, they reported that a permanent vigil is being held in front of the Metropolitan Cathedral in San Salvador every day at six in the evening as a peaceful act of protest and a demand for justice, freedom, and respect for human rights.

One Nobel winner to another: Why did you ask U.S. to invade Venezuela?

by Jim Hodgson

Perhaps I should be grateful to the Norwegian Nobel Committee for again putting Venezuela into the headlines with its absurd award of the Nobel Peace Prize to María Corina Machado, a woman who has never rejected violence as she sought the overthrow of successive Venezuelan governments since 1998. 

The prize came as the United States stepped up its attacks on fishing boats it alleged (without evidence) were carrying drugs from the Venezuelan coast to the United States. It came as the Trump administration ended a “quiet diplomacy” effort with President Nicolás Maduro that was led by Richard Grenell – a victory for hard-liners like Secretary of State Marco Rubio. If the United States opts for war. In the words of James B. Greenberg: “it will not be because diplomacy failed. It will be because war itself is the preferred instrument.”

And today, the New York Times reports that Trump has authorized “covert CIA action” in Venezuela. U.S. officials “have been clear, privately, that the end goal is to drive Mr. Maduro from power.” (That, by the way, is not news: it’s been the goal all along.)

I was astonished by the award, but then also by the responses. 

Most “progressive” U.S. commentators, including historian Heather Cox Richardson, celebrated Machado simply because she was not Donald Trump. Likewise Occupy Democrats, The Other 98%, and U.S. Democratic Socialists: one of them (I forget which) erred in saying she was Colombian. 

Even World Council of Churches and Pax Christi congratulated her. Made me wonder who they talk with in Latin America, where the reaction is strongly against Machado. Then I welcomed the flow of criticism in the threads that followed the WCC and Pax Christi Facebook posts. During the weekend, the WCC amended its message, and Pax Christi shared a new message (above). 

In the United States, author Greg Grandin told Democracy Now that the Nobel prize was the “opposite of peace.” 

But still: how can the Nobel committee see her together with previous Latin American winners like Rigoberta Menchu and Adolfo Pérez Esquivel who allied themselves persistently with the social movements of the poor, the workers, the Indigenous people, women?

I met Pérez Esquivel at least twice: once in Toronto and again in Buenos Aires (above left) at an economic alternatives conference in 2003. Right: the open letter to Machado.

From one Nobel peace prize winner to another

Let’s hear from Adolfo Pérez Esquivel, Nobel peace prize winner in 1980 for his non-violent defense of democracy and human rights in the face of Latin America’s military dictatorships, especially the regime of Jorge Rafael Videla in Argentina. He published an open letter to Machado on Oct. 13 in the Buenos Aires daily, Página 12. The text is partly translated to English here, source of the following excerpts:

“In 1980, the Nobel Committee granted me the Nobel Peace Prize; 45 years have passed and we continue serving the poorest, alongside Latin American peoples. I accepted that high distinction in their name — not for the prize itself, but for the commitment to shared struggles and hopes to build a new dawn. Peace is built day by day, and we must be coherent between what we say and what we do,” he asserted.

“At 94, I am still a learner of life, and your social and political stance worries me. So I am sending you these reflections,” he emphasized.

In the letter, he argued that the Venezuelan government, led by President Nicolás Maduro, “is a democracy with lights and shadows,” and he underscored the role of former president Hugo Chávez, who, he said, set a path of freedom and sovereignty for the people and fought for continental unity.

“It was an awakening of the Patria Grande,“ he emphasized.

At the same time, he asserted that the United States has not only “attacked” Venezuela but also refuses to allow any country in the region to step outside its orbit and colonial dependence, treating Latin America as its “backyard.” He also highlighted the more than 60-year blockade against Cuba, which he called an attack on the freedom and rights of peoples.

In one of the letter’s toughest passages addressed to Machado, he rebuked her for clinging to Washington even as it confronts her country.

“I am surprised by how tightly you cling to the United States: you should know it has no allies and no friends — only interests. The dictatorships imposed in Latin America were instruments of its drive for domination, and they destroyed lives and the social, cultural and political organization of peoples who fight for freedom and self-determination. Our peoples resist and struggle for the right to be free and sovereign, not a colony of the United States,” he wrote.

On that point, he said the government of Nicolás Maduro «lives under threat» from Washington and from the “blockade,” with U.S. naval forces in the Caribbean and «the danger of an invasion of your country».

“You have not said a word, or you support the interference of the great power against Venezuela. The Venezuelan people are ready to confront the threat,” he warned.

He also criticized that, after receiving the prize, the far-right leader dedicated it to U.S. President Donald Trump. “Corina, I ask you: why did you call on the United States to invade Venezuela?”

“Upon the announcement that you were awarded the Nobel Peace Prize, you dedicated it to Trump — an aggressor against your country — who lies and accuses Venezuela of being a narco-state,” Pérez Esquivel said. He compared that accusation to George W. Bush’s false claims that Saddam Hussein had weapons of mass destruction, used as a pretext for an invasion that looted that nation and caused “thousands of victims.”

“It troubles me that you did not dedicate the Nobel to your people but to Venezuela’s aggressor. I believe, Corina, that you must analyze and understand where you stand,” the Argentine insisted, arguing that her posture makes her “another piece of U.S. colonialism.”

“You resort to the worst when you ask the United States to invade Venezuela,” he added.

Pérez Esquivel concluded: “Now you have the chance to work for your people and build peace — not provoke greater violence. One evil is not resolved with a greater evil; we would only have two evils and never a solution to the conflict. Open your mind and your heart to dialogue and to meeting your people; empty the jug of violence and build the peace and unity of your people so that the light of freedom and equality can enter.”

UN approves a ‘Gang Suppression Force’ for Haiti

By Jim Hodgson

The UN Security Council adopted a resolution last week that authorizes deployment of 5,500 troops to Haiti to replace the understaffed and underfunded Multinational Security Support Mission (referred to as MMAS in Haiti). The new Gang Suppression Force (FRG) has a mandate to “neutralize, isolate, and deter” gangs, secure infrastructure, and support institutional stability.

On Aug. 26, UN Secretary General António Guterres warned that humanitarian efforts in Haiti are “shamefully overlooked and woefully underfunded.” On Sept. 30, Volker Türk, the UN high commissioner for human rights, welcomed creation of the FRG and said: “Efforts to restore security must be anchored in respect for human rights and go hand in hand with the reconstruction of the rule of law.”

Politico called the vote to create the FRG a “win” for the Trump administration. That alone should raise concern among the rest of us.

The UNSC decision came days after a police-directed drone attack on an alleged gang leader’s birthday party, where he was handing out presents to local children. At least eight children were killed.

Since June 2024, Haiti has been governed by a transitional council (CPT). Leadership rotates among a wobbly coalition from different sectors of Haitian society. It includes the civil society-led  Montana Accord network (named for the hotel where their accord was signed). Earlier, the Montana group had offered a “passarelle” or series of steps for an interim government as a way to move to new elections. (The terms of all Haitian politicians expired in 2023.) The CPT might have been able to move forward on that process, but Haiti is afflicted by a rising tide of gang violence that some argue is at least partly driven by Haiti’s richest people

In August, leadership of the CPT passed to Laurent Saint-Cyr, a former head of the American Chamber of Commerce in Haiti. At the same time, the prime minister is his fellow businessman Alix Didier Fils-Aimé.

To my suspicious mind, this means Haiti has returned to the same power structure that prevailed after 2011 under presidents Michel Martelly and Jovenel Moïse, and then the unelected leadership of Prime Minister Ariel Henry through early 2024 – men all backed by the United States, Canada, France and a powerful local oligarchy that has blocked every effort to ease Haiti’s inequality and to advance social goals, including education, health care, housing and public infrastructure. 

(Bear with me, please: you can read more of my own analysis towards the end of this piece.)

First, the news

According to the UN, at least 1.3 million Haitians remain internally displaced due to violence, with 5.7 million facing food insecurity. About 3,100 people were killed in violent incidents between January and June this year, and at least 2,300 grave violations against children have been recorded.

The UNSC resolution to create the Gang Suppression Force (known as FRG in French: Force de Répression des Gangs) was proposed in August by Panama and the United States. The resolution passed Sept. 30 with 12 votes in favour and none against. Permanent Security Council members China and Russia, along with rotating member Pakistan, abstained from the vote.

It replaces the MMAS, created just two years ago by the UN to support Haitian police forces, but never adequately funded. The new force would raise the personnel ceiling from 2,500 in the current mission to 5,550 personnel will grow from 2,500 to 5,550 personnel, with a UN Support Office providing logistical support amidst Haiti’s intersecting security, humanitarian, and political crises. But it will not be answerable to any Haitian authority, not even the Haitian National Police. 

Currently, it appears the new FRG would include the United States, Bahamas, Canada, El Salvador, Guatemala, Jamaica, and Kenya—in effect a reboot of the MMAS.

Memories of a previous UN intervention: UN trucks parked near Cap-Haïtien in February 2005 (Jim Hodgson photo).

Responses

Approval of the FRG was welcomed by the Caribbean regional group CARICOM, and the Organization of American States – even though the new OAS secretary-general, Albert Ramdin, had in June advocated dialogue with the gangs. That idea was rejected by the CPT. 

The Canadian government had earlier announced contribute $60 million toward gang-suppression efforts in Haiti. Mark Richardson, a Global Affairs Canada director general for the Caribbean, recently told the House of Commons foreign affairs committee that it is “too early” to have conversations about whether Canadian troops would be part of the new UN mission.

After the UN vote, U.S. Ambassador Henry Wooster pressed the CPT to hold elections:

  • 🕊️ Context: follows the UN Security Council’s green light for the deployment of the Gang Repression Force (FRG).
  • 🇺🇸 U.S. position: call for a clear plan and timetable for free and credible elections in Haiti.
  • 🧭 Stated objective: to prevent the transition from dragging on and to encourage the restoration of democratic institutions.
  • ⚖️ Political challenge: Washington wants to link security stabilization to an inclusive and supervised electoral process.
  • 🕰️ Next steps: consultations between the Haitian government and international partners on implementation of the FRG and of an electoral timetable.

More critical views are offered by the Haïti Liberté newspaper. One article describes the rationale offered by China and Russia for not vetoing the resolution. It adds that Guyana, Algeria, Sierra Leone, and Somalia sought to insert language that called for “full respect for the sovereignty and political independence of Haiti,” but their proposal was rejected by the U.S. Denmark, Greece, South Korea, and Slovenia “advocated for strengthening the text with language on compliance with international law, including international human rights law,” but “the US apparently consistently supplemented these additions with the qualifier ‘as applicable’.”

The same article quotes Haïti Liberté director Berthony Dupont questioning proposed use of the UN regular budget for operational and logistical support of this force. 

“In the context of the [UN]’s financial crisis, caused largely by the irresponsible actions of its largest contributor [the U.S.], expecting significant funding to support a new initiative that exists only on paper, and which lacks a sustainable foundation and clear prospects, is naive, to say the least. Let us put it straight: if that contributor failed to provide the funds it promised for the MMAS, what guarantee do we have that anything will be different this time?”

In Port-au-Prince, the human rights group Collectif Défenseurs Plus told Alterpresse that it recognizes that “international assistance has become inevitable” in the face of an overwhelmed HNP and unprecedented violence. But it demands guarantees: accessible accountability mechanisms, zero tolerance for any human rights violations, and uncompromising support for Haitian institutions.

“The Haitian crisis is above all political,” the collective insists, warning that the FRG must not become a crutch for a power lacking legitimacy, but rather create a space for an inclusive transition and transparent elections.

Between hopes for restored security and fears of another international failure, the success of the FRG will depend as much on its ability to break the criminal grip as on the will of Haitian actors to rebuild a credible state. As the Defenders Plus Collective emphasizes, “security is a right, and so is sovereignty.”

How might Haiti be better served?

“While it is important to address the consequences of gang violence, influential foreign actors in Haiti should do more to address its root causes,” writes Roromme Chantal, a political science professor at l’Université de Moncton. 

“To this end, research demonstrates that conflict resolution such as the one in Haiti should be approached in a manner that allows for the participation of local groups (official authorities, civil society representatives, grassroots organizations), providing them, if necessary, with the funding, logistical means, and technical capacity to implement carefully targeted programs.”

My thoughts

I find myself thinking again of anthropologist Michel-Rolph Trouillot. He wrote a book called State Against Nationin the years following the end of the Duvalier dictatorship. He argued that the Haitian state is relatively autonomous from the nation: all problems are turned into political problems, but the state – much less the political class – is not the same as the society. If we listen, we may find that the Haitian people have a project that is different from that imagined in the proposed solutions that focus too narrowly on the state. In another book, Silencing the Past, he argued that historical narratives are often silenced: even the truth about Haiti’s revolution, history’s most successful slave rebellion that made Haiti the “first nation to embrace an equity and human rights approach by permanently banning the slave trade from the first day of its existence.

If anyone were listening, they might find that Haitians are more interested in communal solutions and local democracy. This would be something more akin to the “mandar obedeciendo” (to rule by obeying the bases, the grassroots) advocated by the Zapatistas in southern Mexico than whatever Haitian elites and their neoliberal allies abroad are proposing, which seems a lot like “duvalierisme sans Duvalier” – reproduction of a totalitarian state, a predator state: one that is safe only for the rich.