San Miguel Ixtahaucán, San Marcos, Guatemala:
On Thursday, January 9, one day after Maya community leaders
filed criminal charges against the Mayor of San Miguel Ixtahuacán, with the
local justice of the peace, for compelling residents of five Maya communities
to perform forced labor, the tribunal decided to send the case to Guatemala’s
Supreme Court of Justice. The
complainants and their legal team are now awaiting word from the Supreme Court
of Justice about the next steps in this case. “I would never have believed that
in the year 2014, a municipal government would make Maya communities do
compulsory labor.” Such was the opinion of Francisco Bámaca, a 53-year old
farmer from the community of San José Ixcaniche, and leader of the anti-mining
movement in Guatemala.
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On Wednesday, January 8, 2014, Bámaca and other leaders from
the five communities most affected by environmental damage from the Marlin
Mine, operated by the Canadian transnational Goldcorp through its Guatemalan
subsidiary Montana Explorer of Guatemala, filed a criminal complaint against
the Mayor of San Miguel Ixtahuacán, charging him with imposing compulsory labor
upon the Maya Mam communities of Ágel, Siete Platos, San José Ixcaniche, San
José Nueva Esperanza and San Antonio de los Altos. All five communities are
part of the municipality of San Miguel Ixtahuacán, and were beneficiaries of a 2010
ruling by the Inter-American Commission on Human Rights, which determined that Goldcorp’s
mining operations posed a clear risk of contamination to their water supply from
mining operations, and ordered the Guatemalan government and the municipality to
take precautionary measures to ensure an adequate supply of uncontaminated
water for drinking, domestic and agricultural use.
However, the local Mayor, Ovidio Joel Domingo Bámaca, has
forced local residents to not only work for free on the construction and
maintenance of the necessary infrastructure, but also provide the construction
materials out of communal resources, and cover the fees to the owners of the
properties where the water lines would be installed.
The Mayor’s actions, according to the complaint, are in
clear violation of the American Convention on Human Rights, Convention 169 of
the International Labor Organization on the Rights of Indigenous and Native
Peoples, and Guatemalan Constitution. Carlos Loarca, executive director
of Plurijur, an association of human and indigenous rights attorneys, and legal
adviser to the resistance movement in San Miguel Ixtahuacán, notes that this
case is significant for indigenous communities not only in Guatemala, but also
throughout Latin America: “Historically, the elites and the governments have
argued that the progress of indigenous peoples depends upon their providing
free labor for projects that will benefit the community. Indigenous communities are obliged to work
without any salary because it’s the only way they can get any benefit from the
government, but the non-indigenous communities don’t do this work for free, so
it’s clearly discriminatory.”
Adds Gregoria Crisanta Pérez, a community
leader efrom Ágel, who also signed the complaint, “What we want is for the mining company to
cover the labor costs, and all the other expenses necessary to provide an
adequate water supply,” adding that single mothers, widows and the elderly
cannot comply with the forced labor obligations.
The
complaint was prepared with the assistance of FREDEMI, a community-based
coalition of anti-mining activists in the San Miguel Ixtahuacán area.
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