Tag Archives: #UCCAN

International allies against mining in El Salvador applaud new “not guilty” verdict

by Jim Hodgson

I write to share the statement Wednesday, Sept. 24, celebrating a second not guilty verdict in the political persecution of five environmental protectors in El Salvador. They should never have been arrested. See below for an action request. The statement comes from allies around the world who came together more than 15 years ago to accompany communities in El Salvador in their defence of water resources against a Canadian mining company….

San Salvador – On September 24, the presiding tribunal in San Vicente, El Salvador, found five prominent water defenders from Santa Marta, Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Antonio Pacheco, and Saúl Agustín Rivas Ortega, innocent of charges of murder,  kidnapping, and illicit association. 

Once again, the five prominent Water Defenders who faced politically-motivated charges have been declared innocent — and they should never have been arrested. International Allies against Mining in El Salvador calls upon the Salvadoran Attorney General to abstain from further legal action and demands that all civil liabilities are dropped.

Representatives from the governments of Canada, France, and Germany appeared at the court today to observe the ruling, a reminder that governments and international civil society are watching this case closely.

“We call on the Attorney General’s office to respect the decision of the tribunal, to abstain from appealing this decision and stop wasting government resources to keep up the farce,” stated Alfredo Leiva from the community of Santa Marta, whose leading members were among those on trial. “Rather than insisting on prolonging this process any further, the Attorney General’s office should apologize to the five and to the community, and should dedicate themselves to investigating the real war crimes, starting with the massacres that were committed against Santa Marta and other communities.”

“The five Water Defenders should never have been charged, and the Salvadoran government’s willingness to pursue these accusations despite their clear innocence signals a worrying willingness to persecute the movement that these five water defenders represent. We call on the Salvadoran government to forgo future sham prosecutions and uphold the democratic rule of law in future pursuit of true justice,” said John Cavanagh, Senior Advisor at the Institute for Policy Studies. 

“We celebrate that the Water Defenders have on two occasions now been found innocent of all the charges laid against them. However, we are deeply concerned that the judicial system may continue to be used as a tool to persecute the leaders for their role in protecting the country’s scarce water resources. We ask that the findings of the two courts be respected. We look forward to the day when the Defenders can return to their community and families in full liberty, free from the threat of further persecution,” said Christie Neufeldt, Global Partnerships Coordinator for Latin America, The United Church of Canada.

“Despite the positive results, the international community should be aware that the struggle is far from over. The Attorney General still has the possibility of appealing the case and taking it all the way to the Supreme Court level, and it may take years before the Santa Marta Five are declared fully innocent,” said Pedro Cabezas, coordinator of the Central American Alliance on Mining.

“As was the case in their trial in Sensuntepeque in October 2024, the five water defenders of Santa Marta who were subjected to another trial have today again been found innocent of the charges of murder, kidnapping, and illicit association,” said Prof. Bernie Hammond, an international observer at the trial. “It is to be hoped that the Attorney General will have the good sense to let go of this case against the five. It has become clear to the legal community and to the general public that these charges were politically motivated and are a clear example of “lawfare” in which anti-mining advocacy on the part of the five were criminalized in order to change the 2017 law prohibiting mining in El Salvador.” 

In January 2023, police arrested the five prominent water defenders from the rural community of Santa Marta and the Association for Social and Economic Development of El Salvador (ADES) on charges allegedly dating back to the country’s civil war and held them incommunicado for over eight months and then placed them on house arrest until their trial date. The five had played an instrumental role in the country’s heroic and successful struggle to pass a historic 2017 law prohibiting toxic metals mining in El Salvador,  and were the first ones to denounce President Nayib Bukele’s intentions to  overturn it.

When the five were finally tried in October 2024,  after a long legal defense campaign that denounced a series of irregularities with the proceedings, the tribunal dismissed all charges against them due to lack of evidence, ruled that all five were completely innocent of the two sham charges of murder and illicit association that were laid against them. However, in aruling that has been widely condemned as a travesty of justice, an appeals court annulled the innocent verdict, allowing the Attorney General’s Office to try them again on the same charges.

Beyond the lack of evidence, the Salvadoran Attorney General’s pursuit of this case even after the original determination of innocence in October 2024 has dealt a serious blow to the Salvadoran government’s credibility, belying its claim that it remains a democracy and that it holds no political prisoners. The unceasing and courageous pressure from grassroots organizations in El Salvador – in concert with international solidarity – may have worked in favour of the Water Defenders today, but hundreds of political opponents, labour leaders and human rights defenders remain imprisoned. The community-led movement of water defenders still stands strong in the face of future attempts to undermine land and water protections for communities in El Salvador.

Our organizations support the call by Salvadoran civil society groups that the Salvadoran Attorney General should apologize to the five defendants, whose health has suffered greatly over the past two years that they have stood accused of false charges, and to the Santa Marta community, which suffered from genuine military atrocities during the Salvadoran Civil War in 1980-1992. 

Media contacts:

Action Request:

Can you join us in uplifting the calls of the community that the Attorney General [ @FGR_SV ] respect the tribunal’s ruling? The International Allies Against Mining in El Salvador is calling on our network to:

1) Share the International Allies against Mining in El Salvador’s statement with your networks (here in Spanish). You can also share posts from the Committee in Solidarity with the People of El Salvador on X and on Facebook.

2) Call on the Attorney General not to appeal the ruling and, in the words of the Santa Marta community, “end this judicial farce.”

Sample tweets:

  • I applaud this week’s ruling that found no basis for the charges brought against the #SantaMarta5 water defenders of El Salvador & call on the @FGR_SV to cease their unjust persecution. #NoALaMineria #EyesOnSantaMarta http://bit.ly/46Udt53
  • Aplaudo la decisión del tribunal que dejo absueltos de todas las acusaciones en contra de los defensores de agua de #SantaMarta y hago un llamado a la @FGR_SV que deje su persecución injusta en contra de ellos. #NoALaMineria #SantaMartaNoEstaSola http://bit.ly/4nlIZyD

Draw The Line for people, for peace, for the planet

Global Days of Action for systemic change on issues of debt, migration and ecology are set for Sept. 19-21. In Canada, several networks are focusing attention on Saturday, Sept. 20 – a National Day of Action.

With rallies, strikes, marches and gatherings, communities will mobilize across the country to demand that Prime Minister Mark Carney and the Canadian government pick a side: injustice, violence, and climate destruction – or a just and safe future for all of us.

For more information and to find an event near you, follow this link. Some of the Canadian organizations involved include the Climate Action Network, Migrant Rights Network and Indigenous Climate Action, among others. 

The campaign in Canada has these demands:

  • Put people over corporate profit. Fund our families and communities. “We refuse to accept poverty while the wealthy hoard billions.”
  • Refuse ongoing colonialism. Uphold Indigenous sovereignty. “Canada continues to enforce colonial violence through Missing and Murdered Indigenous Women, Girls, and Two-Spirit people, mass incarceration, child-welfare systems, the underfunding of services, and destructive development across Indigenous lands. … We refuse colonial violence and demand radical transformation away from capitalist systems, justice for MMIWG2S, the return of land to its rightful titleholders, and funding for Indigenous housing, languages, land-based economies, and Indigenous-led climate solutions.”
  • Stop blaming migrants. Demand full immigration status for all now! “Denied permanent status, migrants who grow food, build communities, and care for the sick face exploitation, wage theft and exclusion from services. Corporate elites scapegoat migrants to hide the real culprits: landlords, grocery monopolies, and bank CEOs profiting off our misery.”
  • End the war machine. Stand for justice and peace. “We demand an immediate two-way arms embargo on Israel, cancelling Canada’s plans to balloon its military budget, and a foreign policy based on diplomacy and peace-building.”
  • End the era of fossil fuels. Protect Mother Earth. “We demand Canada end all fossil fuel subsidies, kick fossil fuel companies and their lobbyists out of politics, make polluters pay, invest in a Youth Climate Corps and publicly-owned East-West electricity grid, and do its fair share globally by cancelling unjust debt and funding climate solutions in the Global South with grants, not loans.”

The global campaign focuses on systemic change. 

“All over the world, people and communities are fighting for survival, for their rights, for justice in the face of economic turmoil, ecological and climate catastrophes, political instability, vicious attacks on fundamental human rights, militarization, and, in places like Palestine and Sudan, genocide.”

This September, let us carry the following demands:

  • Change the System through an equitable and just transition towards a world that is in harmony with nature and centered on people – communities, workers, women, farmers, fishers, pastoralists, youth, children, indigenous peoples, migrants, refugees, people of color, LGBTQI*, and future generations
  • Phase out fossil fuels – fast, fair, feminist, and forever; Shut down polluters; Build renewable energy systems that work for people and planet; Shift from high-carbon agro-industrial farming to agroecology and sustainable, resilient food systems that prioritize healthy staple food production for domestic consumption and the right to food
  • Fund the future, not the crisis! Tax multinational corporations and billionaires; Cancel the debt; Deliver climate finance; Divest from war, fossil fuels, and harmful projects; Scale up quality public services; Support people and community-led solutions; Finance the transition to resilient, sustainable, and equitable economies. 
  • Reclaim the Commons for sustainable support for life; Respect and uphold the territories of Indigenous Peoples and Traditional Communities; Restore the health of ecosystems; Stop extractivism
  • Defend Human Rights and Reclaim Democracy; End war and genocide; Demilitarise and work for peace based on justice
  • End inequalities across countries and within countries: Democratize global economic and financial governance; Make trade, investments, and tax systems just and fair; Redistribute wealth and power; End colonialism, patriarchy, and racism; Build solidarity across peoples and nations

In El Salvador, the struggle continues as AG appeals not-guilty verdict in case of Santa Marta 5

The office of El Salvador’s Attorney General has decided to appeal the acquittal Oct. 18 of five community leaders, a move quickly rejected by their community and by Salvadoran and global organizations that have worked in solidarity for more than two decades to reject a proposed gold mine that threatened water resources.

Images: ACAFREMIN (the Central American Alliance Against Mining) and CISPES (Committee in Solidarity with the People of El Salvador)

The office of El Salvador’s Attorney General has decided to appeal the acquittal Oct. 18 of five community leaders, a move quickly rejected by their community and by Salvadoran and global organizations that have worked in solidarity for more than two decades to reject a proposed gold mine that threatened water resources.

Leonel Herrera, a journalist covering the case for Diario Co Latino, calls the decision to appeal “reprehensible.” Authorities should use their time and resources “to investigate true war crimes, beginning with the massacres committed against Santa Marta which took the lives of hundreds of civilians—mostly women, the elderly and children.” 

This was never a true criminal case, Herrera added, but rather “a spurious accusation invented to persecute a group of former guerrilla fighters not for war crimes, but rather for what they do now: care for the water, protect the ecosystem and attain the continuity of lives gravely threatened by the possible re-activation of mining projects.”

Santa Marta Rejects Appeal of Acquittal of Water Defenders

Translation by CISPES (Spanish original is  here)

We reject the appeal of the Attorney General’s Office and demand that the acquittal of our environmental leaders be upheld

The Attorney General’s Office (FGR) remains determined to prevent legality and justice from prevailing for the community leaders of Santa Marta and ADES, who were definitively acquitted last October 18 by the Sentencing Court of Sensuntepeque, Cabañas. For this reason, an appeal has been filed before the Criminal Chamber of Cojutepeque.
Despite multiple calls to respect the acquittal of the environmental activists of Cabañas, the Prosecutor’s Office seeks to reverse Sentencing Court’s ruling, which is in accordance with the law and congruent with the principles of due process. The appeal is characterized by a lack of valid legal argumentation and by the disrespectful way in which the representatives of the Prosecutor’s Office refer to the honorable sentencing judges.
In this sense, we ask the magistrates of the Criminal Chamber of Cojutepeque not to admit the appeal and to ratify the decision of the Sentencing Court of Sensuntepeque, which has acted independently, in accordance with the law and without being pressured by extrajudicial factors that conspire to condemn the defenders of water, the environment and life threatened by the possible reactivation of mining.
In this regard, it is worth remembering that the ruling of the Sensuntepeque Sentencing Court responds to the mandate of the Cojutepeque Criminal Chamber, which on two occasions transferred the decision of whether or not the alleged acts constituted crimes against humanity or war crimes to the Sensuntepeque Sentencing Court.
In accordance with this mandate, the sentencing judges analyzed the case and unanimously determined that the alleged crimes presented by the prosecution did not meet the definition of a crime against humanity or a war crime, as established in the Rome Statute and the Geneva Conventions, respectively. Therefore, they ruled that the criminal action was inadmissible due to the statute of limitations of the alleged crimes and decreed a definitive dismissal for the defendants.
We alert the country and the world of this attempt by the Salvadoran Attorney General’s Office to continue using the judicial system to persecute environmental activism and manipulate restorative and transitional justice to criminalize environmental defenders who warn about the serious dangers of mining extractivism.

Definitive freedom for the community leaders of Santa Marta and ADES!
Yes to Life, No to Mining!

Cabañas, El Salvador, October 30, 2024