(From the director of the Guatemala Human Rights Commission/USA, Sept. 5, 2018)

Dear Friends,

Guatemala is at risk of a coup, and it looks like once again with the support of the U.S. government.

The threat of an auto-coup has been in the air since President Jimmy Morales convoked a press conference on August 31 to announce he would not renew the mandate of the United Nations sponsored International Commission Against Impunity (CICIG).  He stood amidst dozens of fatigue clad military officers and CICIG’s offices were surrounded with military jeeps.

 

The next day U.S. Secretary of State Mike Pompeo tweeted, “Our relationship with Guatemala is important. We greatly appreciate Guatemala’s efforts in counter-narcotics and security,” widely perceived as a show of support for Morales.

 

On September 3, the National Immigration Directorate announced that CICIG’s commissioner, Ivan Velasquez, would not be allowed to reenter Guatemala, in defiance of a May Constitutional Court ruling that the Migration Directorate could not bar Velasquez’s entry. On September 4, the Secretary General of the United Nations announced that the UN would continue to recognize Ivan Velasquez as the Commissioner of CICIG, conducting his functions from outside of Guatemala.  A few hours ago, a group of representatives in the Guatemalan Congress that have been promoting the creation of a new constitution released a communication asserting that the Constitutional Court has repeatedly exceeded its constitutional mandate.  As the Executive and the Judiciary defy the Constitutional Court, a technical coup or auto coup may be in progress.

 

The United States Department of State must clearly communicate that the US firmly stands with the Guatemalan Constitutional Court against any attempt to undermine its independence. The Constitutional Court may well be called on to decide the fate of CICIG and its commissioner Ivan Velasquez.  CICIG has been the most successful effort to end impunity and clean up the justice system in the region.

 

Please, call – (202) 224-3121- or write your Representative and Senators to ask that they demand that the State Department affirm its commitment to the rule of law in Guatemala, particularly to safeguarding the ongoing independence of the Constitutional Court.  You can also contact their district office to find out which staff people would follow issues in Guatemala and develop ongoing correspondence with them.

 

Evoking memories of military coups, Jimmy Morales announced he intends to end CICIG’s mandate
amidst dozens of fatigue clad military officers in what looked like the threat of an auto coup.

 

On August 10, CICIG and the Public Ministry presented an impeachment request against Jimmy Morales for not reporting over $1 million cash that was given to voting table monitors from Morales party on the day of the national election.  On August 23, the Guatemala Supreme Court found that the impeachment of Morales could proceed, and on August 28 the congressional commission overseeing the impeachment was formed by lottery.

The top concern now is securing the safety and ongoing independence of the Guatemalan Constitutional Court.   Many questions have been raised about the legality both of President Morales’ communication to the United Nations while he is under impeachment and of the bar on Ivan Velasquez’s entry to Guatemala.  Both of these questions will eventually be decided by the Constitutional Court.

There is currently tremendous pressure on the Constitutional Court. President Morales’ administration is essentially threatening an auto-coup, through images and military deployments.  This has been in the air since Friday when military surrounded not only the CICIG installations but also offices of leading human rights organizations, and President Morales gave his press conference amidst approximately 50 fatigue clad military officers, conjuring up memories of the press conferences in the 1970s and 1980s that announced new military juntas had grab control of government. It is a message received loud and clear even without stating anything directly.

 

On Monday the Guatemalan Constitutional Court ruled that the operations of the San Rafael gold mine will remain suspended until a consultation of the indigenous communities affected by the operation had been completed.  This was a highly charged decision that challenged the interests of the economically powerful sector aligned with President Morales.   In May the State Department urged the Constitutional Court to re-open of the San Rafael mine, prioritizing the economic interests of one US mining company over rule of law and the economic well-being of an entire region. That confrontation is still fresh in the public conscience in Guatemala.


The State Department must make it clear that the United States firmly stands with this Constitutional Court against any attempt to undermine its independence, particularly now as the Constitutional Court may well be called on to decide the fate of CICIG and its commissioner Ivan Velasquez.

 

Please, call – (202) 224-3121- or write your Representative and Senators to ask that they demand that the State Department affirm its commitment to the rule of law in Guatemala, particularly to safeguarding the ongoing independence of the Constitutional Court.  You can also contact their district office to find out which staff people would follow issues in Guatemala and develop ongoing correspondence with them.

You can also contact their district office to find out which staffpeople would follow issues in Guatemala to develop ongoing correspondence.

Many Thanks,

Annie Bird

 

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Activists in El Salvador are currently fighting against the potential privatization of water in their country. Many areas of the country are dependent upon unrestricted access to local wells in order to obtain potable water. If water were to be privatized, many Salvadorans would lose their access to clean drinking water, as the costs of water as a market-based commodity would exceed the means of the majority of Salvadorans.

 

Current government data shows that 90% of the country’s surface water is irreparably polluted, and 1.5 million Salvadorans lack access to potable water. Andrés McKinley, a mining and water specialist at the University of Central America, spoke to the diren nature of the situation: “We are reaching the crisis level of having 1,700 cubic meters of freshwater per capita, while Guatemala and Nicaragua have between 15,000 and 30,000!” Without unrestricted access to clean drinking water, the human rights situation in El Salvador could take a sharp turn for the worse.

 

The leftist political party, Farabundo Martí National Liberation Front (FMLN), has supported environmental organizations and the broader social movement, seeking to protect water as the vital resource that it is and to ensure its equitable distribution through the proposed “General Water Law,” which was originally introduced in 2006. The General Water Law would, among other goals, define and protect water as a human right, as well as ensure universal access for the population and integrate community consultation into national decision-making regarding water usage.

 

The FMLN has coordinated with the National Water Forum to introduce an updated version of the law in 2013 in the Environmental and Climate Change Commission of the Legislative Assembly. With this cooperation, the debate over water regulation pushed forward, with ninety-two articles approved before the discussions were stopped by the opposition, who insisted that the private sector be included in the new regulatory bodies the General Water Law was proposing.

 

The right-wing Nationalist Republican Alliance (ARENA) party is instead proposing a “Comprehensive Water Law,” which would bring corporate entities into the management of the country’s water system. Since the right-wing’s proposal, protests in rejection of their proposal have been near-constant. Despite these protests, the right-wing parties obtained a supermajority in the legislature following the 2018 elections, and are moving forward quickly in taking steps to pass their bill.

 

Despite the right-wing parties’ efforts, opposition to their bill remains strong, with numerous entities taking public positions against the proposed law. For instance, the Catholic Church has also been outspoken in their support for community partnerships in the regulation and usage of water, and against the privatization of water by large corporations. The Catholic Church and the Jesuit-run University of Central America (UCA)  produced a study on water management in Latin America, which was then delivered to Salvadoran lawmakers as Congress considered the Comprehensive Water Law.

The study, which was drafted in 2017 by Costa Rican specialist Lilian Quezada with support from UCA, shows that most Latin American countries have a state regulatory body that manages water with a focus on the citizens’ common good. UCA chancellor Andreu Oliva added that the report will allow members of Congress’ Environment and Climate Change Commission to get a “better overview of the importance of water being managed by public entities, as opposed to the private sector.”

 

San Salvador Archbishop José Luis Escobar Alas said that the Salvadoran Catholic Church will continue to defend the rights of the country’s poor, demanding a “fair, efficient and equal water law.”

 

The bishops of El Salvador have also taken a stand in urging lawmakers to oppose any plans for privatizing water, saying the poor could not afford to pay the cost of a vital necessity. In a statement issued in June and titled, “We will not allow the poor to die of thirst,” the Salvadoran bishops’ conference cited Pope Francis’ encyclical “Laudato Si’,” which states, “Access to potable and secure water is a basic, fundamental and universal human right because it determines the survival of people and therefore is a condition for the exercising of all other rights.”

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In late August and September, CRLN alerted all U.S. Representatives from Illinois about a “Dear Colleague” letter to Attorney General Jeff Sessions (initiated by Reps. McGovern, Pocan, DeLauro and Torres) calling on him to reverse his decision declaring domestic violence, gang violence and gender-based violence as invalid grounds for seeking asylum in the U.S. We followed up with more emails and phone calls and succeeded in getting 8 Representatives to sign on: Gutierrez, Schakowsky, Foster, Quigley, Rush, Danny Davis, Schneider and Kelly. If your Representative signed on, please send them an email or make a call thanking them for being part of an effort to protect people seeking asylum. If they did not sign, please contact them and ask why they did not. They cannot say that they did not know about it!  Below is the press release from McGovern’s office, with a link to the full letter:

Full Text of Letter (PDF)

WASHINGTON – Today, U.S. Representatives James P. McGovern (MA-02), Mark Pocan (WI-02), Rosa DeLauro (CT-03) and Norma Torres (CA-35) led 118 House Democrats – including 16 full committee Ranking Members – in a letter calling on Attorney General Jeff Sessions to reverse his decision declaring domestic violence, gang violence and gender-based violence as invalid grounds for seeking asylum in the United States. The letter comes just days after the Trump Administration issued proposed regulatory changes that would undermine the long-standing Flores court order by indefinitely holding asylum seekers in family detention.

The June 11th decision by Attorney General Sessions prevents victims of violence in some of the world’s most dangerous countries from seeking safety in the United States, and could condemn thousands of asylum-seekers to deportation, putting their lives in grave danger.

“We are deeply alarmed and outraged over a series of actions taken by you, the Department of Justice and the Department of Homeland Security that undermine or curtail the ability of migrants lawfully requesting asylum in the United States to present their claims,” the members wrote in their letter. “Taken together, these decisions, policies and practices have violated and shredded decades of precedent of U.S. law, careful jurisprudence within the immigration court system, and compliance with U.S. obligations under international law as a signatory to the Protocol Relating to the Status of Refugees of the of the 1951 Refugee Convention.”

“The Trump Administration’s decision to block victims of domestic violence from seeking asylum here in the United States is unbelievably coldhearted and cruel” said Congressman McGovern. “Families in countries like El Salvador, Honduras, and Guatemala are being told that if they don’t relinquish their sons to gang life or their daughters to sexual slavery, they will be killed. If I were put in that situation, I would move heaven and earth to get my kids to safety. For us to turn a blind eye and deny asylum to these victim of gang and gender-based violence is just plain wrong.”

“Refusing asylum to people fleeing gang, domestic and gender-related violence goes against what we stand for as a country and the Trump Administration has ruthlessly turned its back on victims of abuse and violence. We have a legal and moral obligation to provide refuge for these victims, not treat them as criminals. Denying asylum doesn’t separate us from the terror and violence in other countries; it aligns us with the perpetrators. For many of these individuals, seeking asylum is a matter of life and death, and the Trump Administration must immediately reverse course and allow these cases to move forward,” said Congressman Pocan.

“The Trump Administration’s attack on asylum seekers is cruel and un-American. These restrictions are shamefully designed to discourage people who face legitimate danger from seeking sanctuary and security in our country,” said Congresswoman DeLauro. “This nation must remain a haven for those who seek to escape violence and persecution. Asylum seekers flee imminent danger to get our help, and for many, this is a matter of life and death. Turning our back and ignoring the suffering of women, children, and families is disgraceful.”

“I am disgusted by this administration’s cruelty toward women and children who come here seeking safety, and I am proud to join my colleagues in calling on Attorney General Sessions to reverse course,” said Congresswoman Torres. “Many of the families coming from Central America are fleeing persecution and death threats from violent street gangs. We have a moral obligation to allow these asylum seekers to tell their stories, and to allow immigration judges to decide each case on its merits.”

According to the U.N. Office on Drugs and Crime, as well as the annual Small Arms Survey, El Salvador, Honduras and Guatemala have some of the highest homicide rates not just in the Americas, but in the world, exceeding even most countries at war.

“The breadth of violence by dangerous non-state actors and domestic abusers reflects deeply-rooted social prejudice and persecution, as well as institutional cultures of impunity within law enforcement and the judiciary. To cavalierly dismiss them as mere lapses in effective policing only reinforces the bias that these lives have no value and may be abused and murdered without consequence,” the members wrote. “These violent non-state actors are kin to the violence perpetrated against civilians by ISIS or the Lord’s Resistance Army, and their victims should not be demeaned as criminals because they flee such daily terror, arrive at our borders and request asylum.”

The members also called on the Attorney General to:

• Direct law enforcement and border authorities to stop impeding access by asylum seekers to U.S. ports of entry;
• Stop prosecuting the misdemeanor of improper entry by asylum seekers who enter the U.S. between ports of entry and who voluntarily surrender to U.S. authorities; and
• Direct USCIS to recall its July 12th guidance that incorrectly instructs asylum officers to deny domestic violence and gang-related violence claims as a matter of course, rather on a case-by-case review.

Joining Representatives McGovern, Pocan, DeLauro and Torres on the letter were Representatives: 

Jerrold Nadler, Nita M. Lowey, Adam Smith , Eliot L. Engel, Adam B. Schiff, John A. Yarmuth, Richard E. Neal, Frank Pallone, Jr., Nydia M. Velázquez, Raúl M. Grijalva, Peter A. DeFazio, Eddie Bernice Johnson, Robert C. “Bobby” Scott, Mark Takano, Joseph Crowley, John Lewis, Luis V. Gutiérrez, José E. Serrano, Lucille Roybal-Allard , Karen Bass, David E. Price, Jan Schakowsky, Judy Chu, Sander M. Levin, Linda T. Sánchez, Pramila Jayapal, Keith Ellison, Filemon Vela, Vicente Gonzalez, Gene Green, Al Green, Marc A. Veasey, Lloyd Doggett, Beto O’Rourke, Ruben Gallego, Ben Ray Luján, Dina Titus, Ruben J. Kihuen, Barbara Lee, Mark DeSaulnier, Nanette Diaz Barragán, Jackie Speier, Salud O. Carbajal, Anna G. Eshoo, Doris O. Matsui, Ted W. Lieu, Jared Huffman, Alan S. Lowenthal, Jimmy Panetta, J. Luis Correa, Grace F. Napolitano, Mike Thompson, Juan Vargas, Julia Brownley, Ro Khanna, Diana DeGette, Ed Perlmutter, Eleanor Holmes Norton, Debbie Wasserman Schultz, David N. Cicilline, Yvette D. Clarke, André Carson, Adriano Espaillat, Kathleen M. Rice, Alcee L. Hastings, Steve Cohen, Peter Welch, Donald S. Beyer, Jr., Bill Foster, Michael E. Capuano, Chellie Pingree, Mike Quigley, Gwen Moore, Hakeem S. Jeffries, Betty McCollum, Carolyn B. Maloney, Gregory W. Meeks, Marcy Kaptur, Bonnie Watson Coleman, Val B. Demings, Elijah E. Cummings, Albio Sires, Colleen Hanabusa, Bobby L. Rush, Jamie Raskin, Donald M. Payne, Jr., Henry C. “Hank” Johnson, Jr., Debbie Dingell, Sean Patrick Maloney, Frederica S. Wilson, Wm. Lacy Clay, Earl Blumenauer, Danny K. Davis, Bradley S. Schneider, Joseph P. Kennedy, III, Seth Moulton, Daniel T. Kildee, William R. Keating, Katherine M. Clark, Niki Tsongas, Rick Larsen, Ted Deutch, Tulsi Gabbard, Suzanne Bonamici, Darren Soto, A. Donald McEachin, Robin L. Kelly, Brenda L. Lawrence, Grace Meng, Brendan F. Boyle, Emanuel Cleaver, II, Anthony G. Brown, Thomas R. Suozzi, Denny Heck.

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Guatemala is at a crossroads. President Jimmy Morales, backed by the military, has disobeyed the orders of the highest court and will kick out of the country a UN-backed commission battling corruption, impunity, and criminal networks…and unlike many others in the international community, the U.S. is not speaking out against his words and actions. Click here to respond to an action alert from Guatemala Human Rights Commission/USA to call on the State Department to strongly support the independence of the Constitutional Court

For the last 12 years, the International Commission Against Impunity in Guatemala (CICIG, for its Spanish acronym), in cooperation with the last two Guatemalan Attorneys General and the Constitutional Court, has reduced the impunity rate from over 95% to 72% and battled to dismantle hidden criminal networks that have infiltrated all branches of government and security forces. They have investigated and secured the conviction of two former presidents and advanced court cases against some of the highest level military and government officials who perpetrated genocide against the Indigenous peoples and “disappeared” non-combatant Guatemalan civilians during the civil war. However, hidden criminal networks remain entrenched. The U.S., to its credit, has supported CICIG’s efforts with $42.5 million since its inception, but it looks like that support may end.

This year, CICIG accused current President Jimmy Morales of corruption. On August 31, he announced he would not renew CICIG’s mission and gave CICIG one year to leave the country. Dozens of security forces stood behind him as he spoke. U.S.-donated army vehicles with mounted machine guns were deployed to CICIG’s headquarters. September 5, Morales banned the head of CICIG, Ivan Velasquez, from re-entering Guatemala, ignoring an order from the Constitutional Court not to interfere with CICIG’s work. U.S. Secretary of State Mike Pompeo called President Morales to say that Washington supported Guatemala’s sovereignty and would work with Guatemala to “reform” CICIG. It is pretty clear to CRLN that it is the Guatemalan government, military and police that need reform–not CICIG,

Click here for a New York Times article about the situation.

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