Oaxaca: FGR and SEDENA Dispute Search for EPR Disappeared

Photo @ La Jornada

On May 25th, 2019, the Attorney General’s Office (FGR in its Spanish acronym) and the National Defense Secretariat (SEDENA in its Spanish acronym) challenged the sentence which favored the families of the victims of forced disappearance Edmundo Reyes Amaya and Gabriel Alberto Cruz Sanchez, both militant social fighters of the Popular Revolutionary Army (EPR in its Spanish acronym). By order of the Judicial Power of the Nation a search commission for both of the disappeared for 12 years was to be created, “as well as the appearance of all the public officials who could have been involved in the events and the opening of military barracks to make inquiries”, La Jornada recalled.

Family members and civil society organizations, who accompany their cases, declared in a press conference on the same day that “the government of Andres Manuel Lopez Obrador demonstrates the lack of political will to comply with the aforementioned resolution.”

Sandino Rivero, legal counsel for both families, stressed that the families and the accompanying organizations will maintain a sit-in in the Zocalo of the City of Oaxaca for an indefinite period of time, until they are addressed by the heads of the Interior and Human Rights (Olga Sanchez Cordero and Alejandro Encinas respectively), with whom they had already requested to have negotiation tables.

For more information in Spanish:

FGR y Sedena impugnan creación de comisión por desaparición forzada (La Jornada, 25 de mayo de 2019)

Impugnan FGR y Sedena sentencia a favor de desaparecidos (eje central, 25 de mayo de 2019)

For more information from SIPAZ:

Oaxaca: Order to Open Army Barracks in Search for EPR Members Disappeared in 2007 (May 16, 2019)

Oaxaca: Search for EPR Members Missing for 11 Years on State Properties (August 21, 2018)

Chiapas: National Day: “The Victims of State Terrorism are of the People, We will not Stop until We Find Them!” (March 15, 2017)

Chiapas: “Jornada nacional contra el terrorismo del estado en Chiapas” del FNLS (May 2, 2016)

Nacional/Oaxaca/Chiapas: Gira nacional: desaparición forzada en México (March 6, 2015)

National: Civil Commission for Pursuit and Search for two disappeared members of the Popular Revolutionary Army (EPR) denounces lack of progress (September 29, 2014)

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Oaxaca/International: Oaxaca Consortium Presents Damian Gallardo Case to UN Committee against Torture (CAT)

On May 16th, the Oaxacan organization Consortium for Parliamentary Dialogue and Equity filed a complaint with the United Nations Committee Against Torture (CAT) within the framework of the 66th period of sessions of that body, for torture and serious violations of the guarantees of the defender of human rights, Damian Gallardo Martinez from his detention on May 18th, 2013 until his release on December 28th, 2018. It is worth noting that, since 2002, one of the powers of the CAT is to be able to hear individual complaints.

Consortium explained that by resorting to this mechanism “justice is sought not only in the individual case but to generate a precedent that transcends and ends with the criminalization of social protest and the use of torture in arbitrary arrests of defenders in Oaxaca.” It recalled that “Gallardo Martinez was arbitrarily detained on May 18th, 2013, within the framework of the criminalization of the teachers’ struggle and social protest, deployed during the presidency of Enrique Peña Nieto against opponents of the “educational reform””; and that “during the administration of Enrique Peña Nieto, at least 141 arbitrary detentions of defenders in Oaxaca have been documented.”

Consortium also emphasized that “in the case of the state of Oaxaca, there is not a single sentence for torture to date”; and that “at national level, sentences are also very rare.” It indicated that in the case of Gallardo Martinez, after six years of denouncing torture, “progress in the investigations is null and void”, which is why it “decided to seek justice at the international level by filing a complaint with the United Nations.”

The complaint asked the CAT to urge the Mexican State to prosecute, and punish with appropriate penalties all state agents and authorities responsible for violations of the Convention Against Torture as well as to fully compensate for the damage suffered, including “a public acknowledgment of responsibility that impacts on the cessation of the criminalization of social protest in Oaxaca”; among other demands.

For more information in Spanish:

Denuncia ONG a México ante la ONU (Vanguardia, 18 de mayo de 2019)

Denuncia al Estado mexicano por tortura (NVI Noticias, 17 de mayo de 2019)

Frente a impunidad en el país se denuncia ante la ONU a Estado Mexicano por Tortura en el caso de Damián Gallardo Martínez (Consorcio, 16 de mayo de 2019)

For more information from SIPAZ:

Oaxaca : Exigen atención para 33 personas defensoras de derechos humanos bajo procesos judiciales (3 de agosto de 2018)

Nacional/Oaxaca: German Coordination for Human Rights in Mexico (April 10, 2017)

Oaxaca: Demand for the immediate release of Damian Gallardo (December 30, 2014)

Oaxaca: 16 months after the imprisonment of Damian Gallardo, and following call from the UN, there is no response from the Mexican State (October 12, 2014)

Oaxaca/National: Assault on teacher Damian Gallardo in a prison of Jalisco (June 13, 2014)

Oaxaca: Order to Open Army Barracks in Search for EPR Members Disappeared in 2007

On May 9th, the order of Judge Maria Dolores Nuñez Solorio, attached to the Fourth District Court for Injunction in Criminal Matters in Mexico City, was published and may be challenged within a period of ten days. The sentence urges the head of the Secretariat of National Defense (SEDENA in its Spanish acronym), Luis Cresencio Sandoval, to order the opening of the barracks and allow soldiers and officers to be interrogated on the case of the forced disappearance of the members of the People’s Army Revolutionary (EPR in its Spanish acronym) Edmundo Reyes Amaya and Gabriel Alberto Cruz Sanchez in Oaxaca, in May 2007. “The Secretary of National Defense, through all the members of the Army, must provide the necessary facilities to the federal prosecutor in charge of the integration of the investigation of origin, as well as to any authority that has the task of finding the whereabouts of the complainants”, the sentence states.

The Coordinator of the Committee Until They Are Found (Hasta Encontrarlos) and daughter of Reyes Amaya, Nadin Reyes Maldonado, considered that it would be possible for a commission of the Specialized Prosecutor’s Office in Search of Disappeared Persons to enter the barracks, which would set a precedent for more relatives to seek refuge and seek their relatives there. “What we hope is that this government, which calls itself different, does not interpose resources to evade compliance with this ruling and that it begins to show will with concrete facts … that searches are made”, she said.

For the Cerezo Committee it is a judicial resolution with several scopes because it recognizes the forced disappearance for political reasons and the participation of the Armed Forces in those crimes, and because “it creates conditions so that other relatives of the disappeared do the same and do not demand less than what is happening with this resolution.”

For more information in Spanish:

Ordena juez buscar a los activistas Edmundo Reyes y Alberto Cruz (La Jornada, 12 de mayo de 2019)

Boletín sobre los DH de las Víctimas de VDH plasmados en la Sentencia del Amparo del Poder Judicial de la Federación en el caso de Edmundo Reyes y Alberto Cruz (Comité Cerezo, 13 de mayo de 2019)

Ordena una juez la apertura de cuarteles para buscar a eperristas desaparecidos (Proceso, 13 de mayo de 2019)

Jueza ordena abrir cuarteles militares para buscar a integrantes del EPR desaparecidos (Página3.mx, 13 de mayo de 2019)

Piden a FGR acatar sentencia y abrir cuarteles militares (Pie de página, 14 de mayo de 2019)

For more information from SIPAZ:

Oaxaca: Search for EPR Members Missing for 11 Years on State Properties (August 21, 2018)

Chiapas: National Day: “The Victims of State Terrorism are of the People, We will not Stop until We Find Them!” (March 15, 2017)

Chiapas: “Jornada nacional contra el terrorismo del estado en Chiapas” del FNLS (May 2, 2016)

Nacional/Oaxaca/Chiapas: Gira nacional: desaparición forzada en México (March 6, 2015)

National: Civil Commission for Pursuit and Search for two disappeared members of the Popular Revolutionary Army (EPR) denounces lack of progress (September 29, 2014)

Oaxaca: Ninth Anniversary of Murder of Bety Cariño y Jyri Jaakkola in San Juan Copala

@La Voz de la Nahuac

On May 7th, in the framework of the ninth anniversary of Bety Cariño Trujillo and Jyri Antero Jaakkola (Finnish), human rights defenders killed in San Juan Copala, Oaxaca when they participated in a humanitarian caravan on April 27th, 2010, relatives and friends placed commemorative plaques on the Beam of Light and on the representation of the Oaxaca government in Mexico City. Omar Esparza Zarate, widower of Bety Cariño, said that “a plaque was installed symbolically on the victims of the country, and this monument has been considered by the victims of violence as the monument of corruption that was the scam of light, where the relatives of the victims and the members of the Movement for Peace and Justice have been placing plaques of their relatives who have been victims of insecurity, so this is a way of demanding justice.”

He denounced that nine years later, there is no interest from the authorities to solve the murders and that many inconsistencies have been detected in the investigations: “Until now we have nothing, we want to say that since November we have been looking for the approach with other bodies and we have not had an answer either.” He expressed his fear that the case be forgotten. He continues to demand that those responsible be punished, since two of those who had been arrested have already been released and six more have never been arrested. “They continue to walk around Oaxaca, and they are even in public office, such as the National Institute of Indigenous Peoples”, he said.

The lawyer David Peña, from the Action Group for Human Rights and Social Justice, explained that the two persons who were released were done so because “the federal and state governments have not specified the protection of witnesses and survivors of the attack, who have not been able to attend the hearings due to the risks that exist against them.”

For more information in Spanish:

Ataque en San Juan Copala, nueve años de impunidad (La Jornada, 7 de mayo de 2019)

Exigen justicia en la Estela de Luz (NVI Noticias, 8 de mayo de 2019)

PRONUNCIAMIENTO A 9 AÑOS DEL ASESINATO DE BETY CARIÑO Y JYRI JAAKKOLA (familiares y amigos de Bety Cariño, 27 de abril de 2019)

For more information from SIPAZ:

Oaxaca: Suspect in Murder of Human Rights Defenders in San Juan Copola in 2010 Arrested (January 31, 2019)

Oaxaca: MEPs Highlight Lack of Political Will Regarding Murder of Jyri Jaakkola and Bety Cariño (February 26, 2018)

Oaxaca/National: Another Suspect Implicated in the Murder of Defenders Bety Cariño and Jyri Jaakola Arrested (September 6, 2017)

Oaxaca: Seven Years of Impunity in Bety Cariño and Jyri Jaakkola Case (May 4, 2017)

Oaxaca: European Parliamentarians Again Denounce Impunity in Bety Cariño and Jyri Jaakkola Murder Case (March 6, 2017)

Oaxaca/International: Fifth Person Arrested in Bety Cariño and Jyri Jaakkola Murder Case (October 19, 2016)

National: Multiple Mobilizations on Centenary of Death of Emiliano Zapata

CNI march in Chiapas (@SIPAZ)

On April 10th, as part of the centenary of Emiliano Zapata’s death, indigenous people, campesinos and teachers mobilized in seven states: Chiapas, Veracruz, Oaxaca, Michoacan, Guerrero, Aguascalientes and Morelos.

In Chiapas, approximately 3,000 members of the National Indigenous Congress (CNI in its Spanish acronym) and the Indigenous Council of Government (CIG in its Spanish acronym) marched in San Cristobal de Las Casas. They denounced that the president’s development plan “brings dispossession and the destruction of our territories”, with projects such as the Maya Train, which, they warned, “will not happen, whatever the cost, we will not allow their rotten ideas, with their megaprojects, enter and strip us of our territory, because the bad government will not come to command, to silence or to intimidate in our houses, even if they are thinking of doing it with their national Guard.” In a pronouncement they stated that, “those who dressed up as the left have only put on masks of good faces, but of very bad intentions. They wear clothes of other colors and call themselves by other names, but they do not deceive us the original peoples in struggle and resistance, because they are the same foremen who want to impose plans of death with their lying and rigged consultations.” They also said that the government “does not ask us in their consultation if we want to live, but in what way we want to die. There are many wars that we face, but we are not afraid of them.”

Although it was not present here or in Morelos, where the CNI also called a march, the Zapatista Army of National Liberation (EZLN) published a statement in which he explained that his absence has a “simple” reason: “in our mountains and valleys the military presence has increased, police, paramilitary, and spies, ears and informants (…), the threat of death travels by air and land to indigenous communities who have decided to remain in resistance and rebellion to defend the land.” Although it noted a continuity with the previous governments, it pointed out that “today the persecution, harassment and attack against our communities is “for the good of all” and is done under the banner of the supposed “IV Transformation.” The EZLN also said that the new government seeks to appropriate the image of Zapata “so that, with his death, the defense of the land also dies.” However, “the original peoples will continue in rebellion and resistance,” it said.

In Morelos, social organizations from various states of the Republic arrived in Chinameca, where Zapata was murdered, and criticized President Andres Manuel Lopez Obrador for “the incongruity with which he seeks to legitimize his government by trampling on the rights of the people.” Jorge Zapata Garcia, grandson of the revolutionary, said that “100 years ago Madero betrayed Zapata and now 100 years later, the same government again betrays the ideals of Zapata. For me it is a mockery what he did to decree 2019 the year of General Emiliano Zapata and to commemorate it by handing over the water of the ejidos to the transnational companies. In addition, it is a provocation because the peoples have already shown that the thermoelectric plant is not going to be allowed.” For its part, the People’s Front in Defense of the Land and Water for Morelos, Puebla, Tlaxcala denounced the lack of action in the case of the murder of Samir Flores on February 20th, and demanded that Lopez Obrador announce the suspension and cancellation of the gas pipeline in Morelos.

The members of the CNI present at the event declared themselves on alert to the megaprojects that the federal government intends to impose on their territories and against the criminalization of social protest. They warned that “today 100 years after the betrayal and the lie that cowardly ended life of General Emiliano Zapata, that lie and betrayal returned with a supposed face of democracy, but, as then, that word, when it comes from above, only means war, impersonation and deception of the whole nation.” They announced that they would continue an organizational process that articulates the different expressions of struggles and agreed on a second national assembly on the Isthmus of Tehuantepec, Oaxaca, with a date to be defined.

In Veracruz, the demonstrations also denounced the projects of transnational companies, in particular Nestlé, which intends to grow coffee for a plant it wants to establish in the state. In Oaxaca, professors of the National Coordination of Education Workers (CNTE in its Spanish acronym) demanded the abrogation of the educational reform. They also raised demands regarding reconstruction after the 2017 earthquakes and rejection of the federal megaprojects based on the Special Economic Zones and the Program for the Isthmus of the Tehuantepec Region. In Michoacan, the teachers also marched. In Guerrero, teachers and students of Ayotzinapa marched and took over highway tollbooths and reiterated their request that their 43 disappeared in Iguala in 2014 companions reappear. Finally, in Aguascalientes, the offices of the Welfare Secretariat were occupied to demand the delivery of programs.

For more information in Spanish:

PRONUNCIAMIENTO DE LOS PUEBLOS DEL CONGRESO NACIONAL INDIGENA, CONCEJO INDIGENA DE GOBIERNO EN CHIAPAS (CNI Chiapas, 10 de abril de 2019)

Mensaje del Ejército Zapatista de Liberación Nacional en los 100 años del asesinato del General Emiliano Zapata (EZLN, 10 de abril de 2019)

Recuerdan a Zapata con protestas contra autoridades en seis estados (La Jornada, 11 de abril de 2019)

El gobierno actual quiere secuestrar la imagen de Zapata: EZLN (La Jornada, 10 de abril de 2019)

Más de 3 mil indígenas marchan en Chiapas en memoria de Zapata (La Jornada, 10 de abril de 2019)

“Así como Madero quiso comprar a Zapata, el mal gobierno quiso comprar a Samir y a los pueblos que resisten”: EZLN a cien años del asesinato de Emiliano Zapata (Desinformémonos, 10 de abril de 2019)

Entre consignas contra el “mal gobierno”, lanzan vivas a Zapata en Chinameca (Proceso, 10 de abril de 2019)

Congreso Nacional Indígena, en alerta contra los megaproyectos del gobierno de AMLO (Proceso, 10 de abril de 2019)

En ceremonia por Zapata, Blanco justifica consulta de AMLO sobre termoeléctrica en Huexca (Proceso, 10 de abril de 2019)

En ceremonia por Zapata, Blanco justifica consulta de AMLO sobre termoeléctrica en Huexca (Proceso, 10 de abril de 2019)

Con ausencia de nieto de Zapata “decepcionado” de la 4T, AMLO conmemora centenario luctuoso del caudillo (Proceso, 10 de abril de 2019)

For more information from SIPAZ:

Nacional: CNI, EZLN y organizaciones indígenas convocan a las jornadas de lucha “Zapata vive, Samir vive, la lucha sigue” (19 de marzo de 2019)

Nacional: Se lleva a cabo la tercera asamblea del Congreso Nacional Indígena y el Concejo Indígena de Gobierno (CNI-CIG) en la Ciudad de México (8 de marzo de 2019)

Oaxaca: Consultation Takes Place in Tehuantepec Isthmus Amidst Doubts from Various Social and Civil Players in the Region

@Página3.mx

On March 30th and 31st, consultations were held by the Government of Mexico, through the Ministry of Finance and Public Credit (SHCP in its Spanish acronym) and the National Institute of Indigenous Peoples (INPI in its Spanish acronym). They were directed to indigenous peoples to pronounce themselves on the “Integral Development Program of the Tehuantepec Isthmus”, a development project that would include the modernization of the ports of Salina Cruz, in Oaxaca, and Coatzacoalcos, in Veracruz, and that aims to recover the railway of around 300 kilometers between both points.

Seven Regional Consultative Assemblies were held. On March 30th, 501 representatives were prsent in Jaltepec de Candayoc; in Santiago Laollaga, 479; in Salina Cruz, 183 (headquarters established at the last moment because the community of San Mateo del Mar – where it would originally have taken place – announced its rejection of the program); and in San Pedro Huamelula, 275. The following day more than a thousand people were in Santa María Chimalapa; in Oteapan, Veracruz, 549 and in Uxpanapa there were 705 representatives.

The process has been questioned by several indigenous groups, including the National Indigenous Congress (CNI in its Spanish acronym) and the Zapatista Army of National Liberation (EZLN in its Spanish acronym), which said in a statement: “We reject and ignore any simulation that proposes the imposition of megaprojects of death, as is the supposed consultation that the bad governments intend to carry out in various communities of the Isthmus of Tehuantepec on March 30th and 31st. We denounce the corrupt practices that bad governments through the National Institute of Indigenous Peoples have been carrying out in order to divide, deceive and intimidate our communities, where they offer programs and projects in exchange for saying ‘yes’ in their supposed consultations, as if territory and natural resources were not at stake.”

Several civil and social organizations of Oaxaca also strongly rejected the holding of the Assemblies and the haste with which they have been organised from a way unrelated to “the times, uses, customs and forms of decision making of the communities, as well as their representative representatives.” They considered that “Convention 169 of the International Labor Organization, the United Nations Declaration on the Rights of Indigenous Peoples, the jurisprudence of the Inter-American Court of Human Rights and the general comments and recommendations emanating from the universal system of human rights” are not being respected. They stressed in particular that “indigenous consultation processes are not a single punctual act, but must be carried out in all phases of planning and implementation; we observed and denounced the violation of the prior nature of the consultation and consent, as it was reported in December 2018 when presenting the project in reference to investments that were already contemplated for this project of the Tehuantepec Isthmus, which confirms that the regional consultative assemblies are a simple formality for projects that have already been begun to be implemented.”

Participation in the Forums did not imply a necessary endorsement of the project. For example, in Santa Maria Chimalapa, the representatives asked that their old agrarian conflict be resolved in the border between Oaxaca and Chiapas, and that a program of attention to their demands and needs be incorporated before considering this Program. For their part, members of the Network of Community Defenders of the Peoples of Oaxaca (REDECOM in its Spanish acronym) were present during the consultations, denouncing that it was an express consultation and in the manner of governmental interests.

For his part, the head of the National Institute of Indigenous Peoples, Adelfo Regino Montes said in the media that the statutes of ILO Convention 169 were respected and said that “in a second stage specific consultation processes will be carried out in cases of direct effect to the lands and other fundamental aspects of the life of the indigenous communities of the region. “

For more information in Spanish:

Programa del Istmo, de la mano con indígenas (NVI Noticias, 28 de marzo de 2019)

Denuncia el PCI-UCIZONI Oaxaca violación a derechos de los pueblos indígenas del Istmo de Tehuantepec por parte del INPI (PCI-Ucizoni, 28 de marzo de 2019)

Cambian de sede la consulta sobre proyecto del Istmo (La Jornada, 29 de marzo de 2019)

Cumplimos convenio de la OIT en consulta del Istmo de Tehuantepec: Adelfo Regino (Aristegui Noticias, 29 de marzo de 2019)

CONSULTA EN EL ISTMO DE TEHUANTEPEC, GRAVE SIMULACIÓN DEL ESTADO MEXICANO (OSC, 29 de marzo de 2019)

Comunicado del CNI-CIG y el EZLN ante nueva situación de consulta para imponer mega proyectos en el Istmo de Tehuantepec (CNI/EZLN, 29 de marzo de 2019)

Organizaciones indígenas rechazan Consulta Istmo (La Jornada, 30 de marzo de 2019)

Pide CNDH proteger a pueblos indígenas por proyecto del Istmo (La Jornada, 30 de marzo de 2019)

Baja participación en primer día de consulta en el Istmo (Pie de Página, 31 de marzo de 2019)

Mínima participación en Asambleas de consulta sobre Programa de Desarrollo del Istmo de Tehuantepec (Página 3.mx, 31 de marzo de 2019)

Miles participan en la segunda jornada de la consulta sobre el Programa de Desarrollo del Istmo (Sin Embargo, 31 de marzo de 2019)

Baja participación en foros de consulta del plan de desarrollo del Istmo de Tehuantepec (Video; Aristegui Noticias, 1ero de abril de 2019)

For more informatio from SIPAZ:

Oaxaca: New Consultations in Tehuantepec Isthmus Questioned (March 28, 2019)

National: Chamber of Deputies Approves Ruling on Revocation of Mandate and Consultations (March 21, 2019)

National/International: UN Special Rapporteur for Indigenous Peoples Calls on AMLO Government to Comply with International Standards on Indigenous Consultation for Megaprojects in their Territories (March 19, 2019)

Mexico: Consultations on Maya Train and Nine “Priority” Projects of New Government (December 13, 2018)

 

Oaxaca: Ten Ejido Members and Landlords to “Grupo Mexico” Arrested in Ventosa

Photo @ El Imparcial de Oaxaca

On April 1st, ten ejido members and landlords to the “Grupo Mexico” company, which runs “El Retiro” wind farm on these lands, “were arrested and evicted with violence by elements of the state police and taken to unknown destinations family members and the other landowners reported”, according to La Jornada.

The same source reports that the events occurred after “a roadblock on the access to the wind power station began on March 27th to demand an urgent meeting with senior management of this company because agreements of the contract signed five years ago, especially in the area of ​​employment and security, have not been respected.”

Due to this, the relatives of the victims and other ejidatarios assume that this operation was requested by the directors of Grupo Mexico to put an end to the uccupation of the wind farm. They denounced the disproportionate use of force and violence during the operation, the absence of arrest warrants against the detainees and demanded that the authorities ascertain their whereabouts. As a result, they maintain the Pan American federal highway blocked.

For more information in Spanish:

Diez detenidos por bloquear un parque eólico de Grupo México en Oaxaca (La Jornada, 2 de abril de 2019)

Policías retienen con violencia a diez ejidatarios en Oaxaca (La Jornada, 1 de abril de 2019)

Bloquean carretera para exigir liberación de detenidos en parque eólico. (Romonoticias, 1 de abril de 2019)

For more information from SIPAZ:

Oaxaca: German Trasnational Siemens Building New Wind Farm in Santo Domingo Ingenio (March 26, 2019)

Oaxaca: Asesinan a defensor quien se opuso contra un proyecto de la empresa Eólica del Sur (25 de julio de 2018)

Oaxaca : Emiten Alerta Temprana a favor de indígenas zapotecas de Unión Hidalgo (22 junio de 2018)

Oaxaca : Suspenden la construcción de un parque eólico en Unión Hidalgo (24 de mayo de 2018)

Oaxaca : comuneras y comuneros de Unión Hidalgo rechazan consulta indígena (18 de abril de 2018)

Oaxaca: Eviction and Arrests at Bií Hioxo Wind Farm (July 25, 2017)

Oaxaca: Eleven Ejidatarios Arrested in Eviction of French EDF Wind Farm (May 4, 2017)