Oaxaca: SCJN is called to protect the collective rights of the Zapotec community and to cancel the permits of the Southern Wind-Energy Corporation

November 2, 2018
cuartooscuro

Juchitán (@Cuartooscuro)


In a statement published on October 25, organizations that defend human rights and the environment called on the Supreme Court of Justice of the Nation (SCJN) to
“strictly adhere to the highest standards of prior consultation in its sentence, to protect the Collective rights of the Zapotec community, and to order the cancellation of the permits granted to the Southern Wind-Energy Corporation (Eólica del Sur) for the construction of a wind turbine park in Juchitán, Oaxaca, as well as to impose fair reparation measures for the community. ” Next October 31, the highest judicial body will decide whether the human rights of the Zapotec community in the case were violated or not.

It is worth remembering that last May the SCJN attracted the actions for legal protections (amparos) filed by more than a thousand members of the Zapotec community of Juchitán regarding the consultation that was carried out to implement the project of the subsidiary of the transnational Mitsubishi, which, despite the pending litigation, has continued to advance in the construction of the megaproject.

The organizations expressed great concern about the draft resolution that the SCJN intends to present because they fear that a “decision that supports bad practices in indigenous consultations” could be enlisted.

At the press conference in which the statement was presented, Betina Cruz, representative of the Assembly of Indigenous Peoples of the Isthmus of Tehuantepec in Defense of Land and Territory, recalled that since 2014 they oppose this wind farm, “the largest of its kind in Latin America”, since the consultation of the affected communities was given once the company had already obtained the government permits. She noted that currently the Isthmus of Tehuantepec has 1,915 wind turbines, in 24 parks, none installed with prior, free and informed consultations, as established by the Inter-American Court of Human Rights and the UN Special Rapporteur on the rights of Indigenous Peoples.

For their part, members of the Zapotec community have denounced “that they have been criminalized and threatened before, during and after the consultation because of their opposition to the project, so it was never a free process or one done in good faith. Nor was complete information provided on the impacts of the project and its alternatives for the communities. Even the responsible authorities, like the Sener, sought to accelerate the process to endorse the project, in violation of the uses and customs of the community, and leaving pending issues for discussion ».

The organizations encouraged the SCJN “not to discard this unique opportunity to generate a historical precedent in favor of the effective protection of the indigenous peoples rights within the framework of the Energy Reform and to establish clear rules for the government on how to comply with its obligation to consult peoples and communities. Failure to correct its course, would be deepening the serious situation of discrimination experienced by indigenous communities in Mexico and would allow the reform to be implemented in clear violation of human rights.

For more information (In Spanish):

Opositores a Eólica del Sur, en Oaxaca, alertan por posible decisión de la Corte contra derecho de consulta indígena (Proceso, 25 de octubre de 2018)

Solicitan activistas a SCJN cancelar permisos a Eólica del Sur (La Jornada, 25 de octubre de 2018)

Piden a la SCJN cancelar permisos a Eólica del Sur (El Imparcial, 25 de octubre de 2018)

Piden a la Suprema Corte cancelar permisos a Eólica del Sur por violar derechos humanos de comunidades indígenas (OSC, 25 de octubre de 2018)

For more information from SIPAZ:

Oaxaca: Residents of Juchitan win motion to suspend construction of wind-energy park (October 25, 2015)

Oaxaca: Indigenous Zapotecos mobilize themselves over grave violations to right to consultation (September 11, 2015)

Oaxaca: Beginning of consultation regarding wind-energy park in Juchitán (12 November 2014)

Oaxaca: Various denunciations in the Tehuantepec Isthmus from community assemblies organized against wind-farms in their territories (6 September 2014)

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Chiapas: 18 years since the Acteal massacre

December 27, 2015

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Acteal, 22 December 2015 (@SIPAZ)

On 22 December 2015, 18 years since the massacre of 45 indigenous persons in Acteal, Chenalhó municipality, the Las Abejas Civil Society (organization to which the victims had pertained) carried out a pilgrimage and a commemoration of the events to denounce the impunity that continues to prevail in the case. In a communique, Las Abejas stressed that, “the bad government investigating the intellectual authors of this crime through the badly named ‘Supreme Court for Justice in the Nation,’ that is to say, the ‘Supreme Court for the Rich and Criminals,’ has ordered the massive release of the paramilitaries who performed the massacre. As far as we can tell, only 2 are left incarcerated, and at any moment will they also be released. Thus it remains clear to us that justice will not be granted by the government, because the Mexican State is the one that gave the order for the massacre, such that it is a criminal party and cannot rightfully be judge in the case. The Mexican justice system is expired and rotten. It is very clear that, if we wish to have true justice, we organized peoples of Mexico must construct a true, dignified, thorough, and humane justice.” Las Abejas ended the communique stressing that “Memory is an act of Justice!”

For his part, the director of the Fray Bartolomé de las Casas Center for Human Rights (CDHFBC), Pedro Faro Navarro, denounced that in the Acteal case, “there has been no justice, and the wall of impunity persists.” He added that “state officials, including Ernesto Zedillo, clearly knew what was happening in Chenalhó, in terms of the precedents and the moment at which the massacre was happening, due to reports from the Mexican Army which had been deployed in the Highlands region, thus confirming the direct participation of the Mexican State in the Acteal massacre. The national context shows us that justice will not come from above, nor from those in power or those who administer the State, let alone the existing power-groups or anyone who manipulates and corrupts [the people], who are the owners of the justice system in Mexico.” He noted that for this reason, the Las Abejas Civil Society “is building through its steadfastness another justice,” such that “one possible conclusion is that the future of the people who have been degraded and discriminated against will need no justice from the State.”

For more information (in Spanish):

La memoria es un acto de Justicia – XVIII Conmemoración de la masacre de Acteal (Sociedad Civil Las Abejas de Acteal, 22 de diciembre de 2015)

Boletín 18 aniversario de la masacre de Acteal (Centro de Derechos Humanos Fray Bartolomé de Las Casas, 22 de diciembre de 2015)

Impune, el “crimen de Estado” en Acteal: Las Abejas (La Jornada, 22 de diciembre de 2015)

Acteal: 18 años de violencia (La Jornada, 23 de diciembre de 2015)

Conmemoran 18 años de matanza de Acteal (El Universal, 23 de diciembre de 2015)

Acteal: 18 años de impunidad (Desinformemonos, 22 de diciembre de 2015)

A 18 años de la matanza de Acteal persiste la impunidad: Frayba (Proceso, 23 de diciembre de 2015)

For more information from SIPAZ (in English):

Chiapas: Las Abejas reject ‘friendly solution’ with Mexican State (25 October 2015)

Chiapas: Monthly commemoration by Las Abejas de Acteal (8 October 2015)

Chiapas: Las Abejas of Acteal denounce 6 years of release of paramilitaries (10 September 2015)

Chiapas: A member of the Las Abejas Civil Society is murdered (2 July 2015)

Chiapas: TPP pre-audience judges Mexican State for crimes against humanity (27 July 2014)

 


Chiapas: Ch’ol indigenous people occupy Tila City Hall after decades of having been ignored

December 26, 2015

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Photo @Pozol Colectivo

On 16 December, as they had announced they would do in accordance with communal agreement in assemblies, indigenous Ch’ol people from the Tila ejido recovered the lands on which City Hall is located. Protestors indicated that it had been more than 5 decades during which they had appealed to different governmental institutions without success. “If there is no solution, there will be demolition,” warned the adherents to the Sixth Declaration of the Lacandona Jungle during a march held on 16 December. The campesino members of the National Indigenous Congress (CNI) made a call for national and international solidarity in terms of the possible repressive responses that could be taken by the three levels of government, which in recent days had carried out military and police operations in the community.

Protestors indicated that in 2008 the ejidal authorities of Tila had won a motion promoted “against one of the several attempts at plundering that we have suffered since 1964, due to the different actions taken by City Hall, the state government, and the local congress.” The motion orders the restitution of 130 hectares of ancestral lands. However, using the argument that the sentence cannot possibly be implemented, City Hall has failed to observe the ruling.

The “Miguel Agustín Pro Juárez” Center for Human Rights, which has for years accompanied the Tila ejido of Ch’ol persons in their actions before the Supreme Court, expressed in an Urgent Action that “we hope that by exercising their constitutional and legal rights, this conflict in the Tila municipality of Chiapas be resolved through mediation, and that the state’s reaction not be through criminalization or repression of any kind.” The Center requests that civil society send this Urgent Action to the officials who appear in the document, with copies to accionesurgentes@centroprodh.org.mx.

For more information (in Spanish):

Queman alcaldía de Tila en reclamo de tierras (Proceso, 16 de diciembre de 2015)

Acción Urgente (CDH Miguel Agustín Pro Juárez, 16 de diciembre de 2015)

PJGE investiga daños en alcaldía de Tila, Chiapas (El Universal, 16 de diciembre de 2015)

México: “Si no hay solución, habrá demolición”, consigna cumplida en Tila Chiapas. 16 de diciembre. (Pozol Colectivo, 16 de diciembre de 2015)

Comunicado_Ejido_Tila (Adeherentes a la Sexta Declaración Tila, 16 de diciembre de 2015)

For more information from SIPAZ (in English):

Chiapas: Ejidatarios from Tila denounce confrontation between PVEM and PRI, with 4 injured (21 July 2015)

Chiapas: Ejidatarios from Tila denounce attempt at usurpation (21 January 2015)

Chiapas: Ejidatarios from Tila receive threats following march to commemorate 80th anniversary of the ejido (26 October 2014)

Chiapas: Ejidatarios from Tila denounce new attempt to loot land (22 January 2014)

 


Chiapas: Las Abejas of Acteal denounce 6 years of release of paramilitaries

September 10, 2015

Integrantes de la Sociedad Civil Las Abejas de Acteal y el Frayba @KomanIlelMembers of the Las Abejas Civil Society of Acteal and Frayba @KomanIlel

On 12 August in a press-conference, the Las Abejas Civil Society of Acteal denounced the construction of impunity through fear, on the sixth anniversary of the beginning of the Supreme Court for Justice in the Nation’s (SCJN) release of the paramilitaries who killed 45 people and four unborn children in 1997 in the Acteal community, Chiapas. They denounced that, for them, “since this day the justice system in Mexico is rotten garbage. For 6 years it has been clear in our memory the ignominy toward the blood of our brothers and sisters massacred in Acteal.” They declare that they have decided to “construct another justice that is sane and human,” and they manifest that they are here “because the Other Justice is built with memory. We are here to denounce impunity.” They also denounce that the Special Prosecutorial office for Indigenous justice has not investigated those responsible for the murder of Manuel López Pérez, who was killed on 23 July with the complicity of local authorities from the municipality of Pantelhó, Chiapas. Beyond this, they distance themselves from the “Pacifist Council of Sowers of Peace” and clarify that this group does not belong to Las Abejas.

Nearly two months after the fact, the Fray Bartolomé de las Casas Center for Human Rights identifies that “there are no significant advances in the investigation and there exists little interest on the part of the Special Prosecutorial Office for Indigenous Justice to identify the perpetrators of these acts.” They also denounce that the justice system in Mexico is “inefficiency, complicit, and profoundly corrupt, in light of the crimes against humanity committed in the country, as has occurred with the forcible disappearance of the 43 students from Ayotzinapa, the crimes in Tlatlaya, the murders perpetrated by organized crime and the Mexican State with its Army in Ostula, Michoacán, the femicides that go unpunished in Mexico, the displaced peoples, and the dozens who have been executed extrajudicially, as well as the disappeared who make our lands mourn in pain.”

For more information (in Spanish):

La Otra Justicia se construye con memoria: Abejas de Acteal (Chiapas Denuncia Publica, 12 de agosto de 2015)

Sin avances en la investigación por el asesinato de integrante de Las Abejas de Acteal (Boletìn de Frayba, 12 de Agosto de 2015)

[VIDEOS] Conferencia de prensa de “Las Abejas de Acteal” a 6 años de la excarcelación de paramilitares. (Koman Ilel, 12 de agosto de 2015)

For more information from SIPAZ (in English):

Chiapas: A member of the Las Abejas Civil Society is murdered (2 July 2015)

Chiapas: Las Abejas announce that they will not vote in the mid-term elections (9 June 2015)

Chiapas: Civil Society Las Abejas denounce human rights violations in the country and show solidarity with various processes (24 April 2015)


Chiapas: Las Abejas Civil Society denounce impunity once again 

August 17, 2015

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Victims of the massacre @SIPAZ

On June 22nd, the day for the monthly commemoration of the Acteal massacre (1997) in which 45 people were murdered, the Las Abejas Civil Society of Acteal denounced impunity for the massacre as well for the murder of its member Manual López Pérez. Their communiqué stressed that “The authorities of bad government, “the Prosecutorial Office of Indigenous Justice, ” “the Agrarian Tribunal,” and the municipal president and judge of Pantelhó, had been informed that their comrade Manuel was risking his life, as his own son, Alonso López Guzman, had threatened to kill him on several ocassions.

The June murder has been connected to the lack of justice that still prevails since the massacre of 1997. “Almost 18 years after the atrocity, the Mexican State, instead of assuring the non-repetition of Acteal or reprisal murders of a member of our organization, is based fundamentally on impunity, which is bought through the misnamed Supreme Court for Justice (SCJN) in the Nation, a court of criminals and rich people that allowed that crime against us. The so-called Supreme Court liberated the paramilitary group that performed the massacre of Acteal. Their message is that killing innocent people is not punished but on the contrary is rewarded with money, houses, and land.”

For more information (in Spanish):

a un mes del asesinato de muestro compañero Manuel, sigue impune (Las Abejas de Acteal, 22 de julio de 2015)

For more information from SIPAZ (in English):

Chiapas: A member of the Las Abejas Civil Society is murdered (2 July 2015)

Chiapas: Las Abejas announce that they will not vote in the mid-term elections (9 June 2015)

Chiapas: Civil Society Las Abejas denounce human rights violations in the country and show solidarity with various processes (24 April 2015)


Guerrero: SCJN decision in case of Inés and Valentina “far from the heights” of the SCJN’s resolution on the Rosendo Radilla case (2010)

May 17, 2015

Inés Fernández y Valentina Rosendo (@Amnistía Internacional)

Inés Fernández and Valentina Rosendo (@Amnesty International)

The Tlachinollan Center for Human Rights, which has provided legal counsel for Inés Fernández and Valentina Rosendo, indigenous women who were raped by soldiers in Guerrero in 2002, expressed in a press-release that the Supreme Court for Justice in the Nation (SCJN) has lost all possibility of contributing to the advance of the human rights of indigenous women.  Following several sessions, the Court justices rejected the call made by the Inter-American Court on Human Rights (IACHR) in its decision on the case of the two indigenous women in 2010: for the Mexican State to open a profound analysis of matters of gender, ethnicity, and sexual torture.

Tlachinollan wrote that “the project approved by the SCJN lamentably fails to indicate precisely which obligations the courts have in terms of the legal processes initiated against the suspected perpetrators of the crimes committed against Inés Fernández Ortega and Valentina Rosendo Cantú, a question that the IACHR had alluded to quite explicitly in its sentencing.”  The communique ends: “this resolution is far from the heights represented by the resolution of the case 912/2010, which has to do with Rosendo Radilla, [an activist who was] disappeared by the military in Guerrero in 1974.  It is illuminating in terms of the present status of the SCJN.”

For more information (in Spanish):

Aprueba SCJN alcances de participación del PJF en sentencias de la CIDH(La Jornada, 11 de mayo de 2011)

COMUNICADO | Concluye SCJN sin un análisis profundo en materia de género y etnicidad la revisión de las sentencias de la CoIDH en los casos de Inés y Valentina (Comunicado del Centro de Derechos Humanos de la Montaña Tlachinollan, 11 de mayo de 2015)

Rechaza la Suprema Corte analizar estándares que pidió la Coidh en el caso de Inés y Valentina (El Sur, 12 de mayo de 2015)

Desechan proyecto para juzgar violencia sexual con visión de género (CIMAC Noticias, 12 de mayo de 2015)

For more information from SIPAZ (in English):

Guerrero/National: SCJN examines IACHR sentence in the case of Inés and Valentina, indigenous women who were raped by the military in 2002 (3 May 2015)

Guerrero: Beginning of legal processes against soldiers presumed to be responsible in the cases of Inés Fernández and Valentina Rosendo (15 January 2014)

Guerrero: NGOs call on Peña Nieto to observe the sentences on Inés Fernández y Valentina Rosendo (5 February 2013)

Guerrero: Valentina Rosendo and Inés Fernández receive recognitions of their struggle (16 November 2012)

Guerrero – briefs: Mexican State recognizes responsibility in case of Valentina Rosendo (21 December 2011)


Guerrero/National: SCJN examines IACHR sentence in the case of Inés and Valentina, indigenous women who were raped by the military in 2002

May 3, 2015

Inés y Valentina (@Tlachinollan)Inés and Valentina (@Tlachinollan)

On 21 April, the plenary of the Supreme Court for Justice in the Nation (SCJN) began a discussion regarding the sentence provided by the Inter-American Court on Human Rights (IACHR) in August 2010 which condemned the Mexican State for the violation of the human rights of Valentina Rosendo Cantú and Inés Fernández Ortega, indigenous women who were sexually assaulted by soldiers in Guerrero state in 2002.

Valentina and Inés have requested that the SCJN treat their case as it did the Radilla case (a forcible disappearance, also from Guerrero state) to determine the obligations of the judiciary amidst the sentences emitted by the IACHR.  They believe that the discussion within the Supreme Court is critically important, as this could lead to penal processes against soldiers with a focus on sexual torture and the administration of justice with a sensitivity to matters of gender and ethnicity, among other questions.

The Tlachinollan Mountain Center for Human Rights, which has provided counsel for the two indigenous women, has declared that the process of debate “opens the possibility that the SCJN would recognize the symbolic struggle for justice that both women have undertaken, and to hand down criteria that would help indigenous women experience better conditions in their search for justice.  Above all, it would contribute to the cause of having sexual torture by investigated and adequately judged in Mexico.”

However, during one of the initial sessions, the SCJN decided to exclude from consideration the constitutionality of part II of the new article 57 of the Military Justice Code, which has to do with military tribunals.  Civil-society organizations present at the session expressed their concern due to this evident lack of concern for a deep analysis of the question.

For more information (in Spanish):

COMUNICADO “Inicia la SCJN discusión sobre las obligaciones del Poder Judicial de la Federación frente a las sentencias dictadas por la Corte Interamericana de Derechos Humanos en los casos de Inés Fernández y Valentina Rosendo” (Centro de Derechos Humanos de la Montaña Tlachinollan, 21 de abril de 2015)

Discute SCJN sentencia de CIDH por violación a indígenas en 2002 (La Jornada, 21 de abril de 2015)

Resoluciones de COIDH son obligatorias (El Universal, 21 de abril de 2015)

SCJN no revisará ley militar en caso de Valentina Rosendo e Inés Fernández (La Jornada, 23 de abril de 2015)

For more information from SIPAZ (in English):

Guerrero: Beginning of legal processes against soldiers presumed to be responsible in the cases of Inés Fernández and Valentina Rosendo (15 January 2014)

Guerrero: NGOs call on Peña Nieto to observe the sentences on Inés Fernández y Valentina Rosendo (5 February 2013)

Guerrero: Valentina Rosendo and Inés Fernández receive recognitions of their struggle (16 November 2012)

Guerrero – briefs: Mexican State recognizes responsibility in case of Valentina Rosendo (21 December 2011)