SIPAZ Report Vol. XVIII Nº 2 - May 2013

(Continued on page 3)

ReportInternational Service for Peace May 2013 Vol XVIII, # 2

IN THIS ISSUE

1. ANALYSISMexico - under international scrutiny regarding human rights

7. IN FOCUSThe unsustainability of the Extractive Mining Model

11. ARTICLEAlberto Patishtán - The prisoner to whom the most Chiapas state-governors have promised liberation

12. SIPAZ ActivitiesFrom mid-February to mid-May 2013

ANALYSIS

Mexico - under international scrutiny regarding human rights

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At the beginning of May, President Enrique Peña Nieto met for the first time as president with Barack Obama, president of the U.S.A. In this first meeting of the two leaders, they discussed several bilateral issues and proposed mechanisms of collaboration in economic and educational affairs, a move that was subsequently interpreted as an attempt to “denarcotize” the agenda x

In general, while the federal government announced that there would be changes in the security strategy and that the number of

soldiers involved in police work had decreased, still the Army is deployed on the streets. In terms of the struggle against organized crime, there was debate regarding the murders that have occurred under Peña Nieto’s watch. The Secretary of Governance stressed that there has been a decrease in homicides in comparison with the previous government, yet this claim has been challenged in the media and by civil

organizations. At the close of April, according to official statistics, 5,296 murders were recorded, presumably linked to organized crime, since the beginning of the new administration.

Also at the beginning of May, Christof Heyns, UN Special Rapporteur on extrajudicial executions, ended his visit to Mexico. Upon ending his stay, Heyns pointed to the lack of an effective application of existing laws as the principal source of the impunity and the public’s distrust of the authorities. Heyns emphasized that past cases must be resolved so that the cycle of violence can be broken. He also pronounced himself on the creation of the National Gendarmerie, a federal government project, warning that very little is currently known about this initiative, and that a special law should be created to regulate its operations, under civilian direction and with mechanisms for accountability.

The Mexican State, which in October of this year will be evaluated in terms of human rights

by the Universal Periodic Review (UPR) of the United Nations, will also have to appear this year before the Inter-American Commission on Human Rights (IACHR), due to several cases that have occurred during previous administrations. One of these is the more than 20 women who were tortured and raped during the operations undertaken by federal, state, and municipal police in May 2006 in San Salvador Atenco, Mexico state. A handful of police were charged with minor crimes, however their superiors have not been held accountable, although the Supreme Court for Justice in the Nation (SCJN) has recognized the crimes committed by authorities at different levels. A particularly interesting component of the case is that the current president was at the time of this operation governor of the state of Mexico.

The dangers that journalists face in Mexico continue to be substantial. Statistics presented at the end of April reveal that from 2000 to date, 84 journalists have been killed. In only

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Asociación Cristiana de Jóvenes (YMCA) (Argentina)Baptist Peace Fellowship of North America (North Carolina, USA)Benedictine Sisters of Erie (Pennsylvania, USA)Capacitar (California, USA)CAREA (Berlin, Germany)Carolina Interfaith Task Force on Central America (N. Carolina, USA)Catholic Conference of Major Superiors of Men’s InstitutesPeace and Justice Committee (Washington DC, USA)Centro Memorial Dr. Martin Luther King Jr. (La Habana, Cuba)Christian Peacemaker Teams (Illinois, USA)Church of the Brethren (Washington DC, USA)Dominican Sisters of San Rafael (California, USA)Episcopal Peace Fellowship (Washington, DC, USA)Fellowship of Reconciliation/EEUU (New York, USA)FOR Austria (Austria)Franciscan Friars, Santa Barbara Province (California, USA)Franciscan National Justice, Peace and Ecology Council(Washington DC, USA)Global Exchange (California, USA)IF/ When (California, USA)Illinois Mayan Ministries (Illinois, EE USA UU)Iniciativa Ecuménica «Oscar Romero» (CIPFE, Montevideo, Uruguay)International Committee for the Peace Council (Wisconsin, USA)International Fellowship of Reconciliation (Alkmaar, Holland)Jubelee Economics Ministries (USA)JustaPaz (Bogotá, Colombia)Kentucky Interfaith Taskforce on Central America (USA)Leadership Conference of Women Religious (Washington, DC, USA)Loretto Community Latin America / Caribean Committee (Colorado, USA)Marin Interfaith Task Force on the Americas (California, USA)Michigan Faith and Resistance Peace Team (Michigan, USA)Movimento Ecuménico de Derechos Humanos (Buenos Aires, Argentina)National Benedictines for Peace (Pennsylvania, USA)Pax Christi (Pennsylvania, USA)Pax Christi International (Bruselas, Belgium)Peace Brigades International (Londres, England)Peaceworkers (California, USA)Presbytery of Chicago (Illinois, USA)Racine Dominican Sisters (USA)Resource Center for Nonviolence (California, USA)Servicio Paz y Justicia de América Latina (Montevideo, Uruguay)Sojourners (Washington, DC, USA)Southeastern Yearly Meeting of the Religious Society of Friends(Florida, USA)SweFOR (Sweden)Unitarian Universalist Service Committee (Massachusetts, USA)Washington Office on Latin America (WOLA) (USA)Western Dominican Province (Arizona, USA)Witness for Peace (Washington DC, USA)

S!Paz - International Service for Peace

Luisa Palmer, PresidentUSA

Gustavo Cabrera, TreasurerService for Peace and Justice in Latin America, Costa Rica

Rev. Denise Griebler, SecretaryMayan Ministries, USA

Aron LindblomThe Swedish Fellowship of Reconciliation (SweFOR)

Marina Pagés, Coordinator of SIPAZChiapas, Mexico

Jet Nauta, SIPAZ’s Member TeamChiapas, Mexico

Richard Stahler-SholkEstados Unidos

Martha Inés RomeroCoordinadora para América Latina y el Caribe del Secretariado Internacional de Pax Christi, Colombia

SIPAZ is an international observation program created in 1995, after the Zapatista uprising in 1994 to monitor the conflict in Chiapas, Mexico. International S er vice for Peace (S er vicio Internacional para la Paz or SIPAZ) is a response

from the international community to the request of Mexican human rights organizations and religious leaders in Mexico, asking for a permanent international presence in Chiapas. In February 1995, a delegation of various international peace organizations came to Chiapas. They decided to create an organization encompassing a coalition of faith based and nonviolence based organizations in the United States, Europe and Latin America that shared a common concern regarding the situation in Chiapas.

Today SIPAZ supports the search for nonviolent solutions and aids in the construction of a culture of peace and dialogue between the actors involved in the conflict in Chiapas as well as, increasingly, in other areas in Mexico (Oaxaca and Guerrero). SIPAZ also serves as a bridge for communication and exchange between other organizations and networks that work to construct a just and lasting peace at a local, national, regional and international level n

• Maintains an international presence and accompanies processes that are working towards the construction of a culture of peace in Mexico.

• Provides trustworthy communication that integrates the voices of local actors and mobilizes the local, national and international community in the search for alternative solutions to the causes of violence in Mexico.

• Joins together with organizations, movements and networks in or-der to share and strengthen the processes that are leading towards building a just peace.

• Maintains contact and dialogue with the many different actors that are present in the conflict

SIPAZ recognizes and respects the principles of non-intervention and sovereignty of the Mexican State and its citizens upon whom must depend the negotiation and initiative that are necessary in order to achieve an eventual solution to the conflict.

The coalition members of SIPAZ represent many years of experience in international non-governmental peacemaking and conflict resolution. Buil-ding on that experience, SIPAZ seeks to play a facilitative role enhancing the context in which Mexicans are working to solve largely Mexican problems n

SIPAZ in Chiapas:Ave. Chilón #8, San Cristóbal de las Casas29220 Chiapas, MéxicoTel. & Fax: (+52.967) 631 60 55, Email: [email protected]

SIPAZ Info:P.O. BOX. 3584, Chico, CA 95927-3584 USAtel. & Fax: (+1.530) 892 0662, Email: [email protected]

Web: www.sipaz.org Blog: sipaz.wordpress.com

3May 2013

(Continued from page1)ANALYSIS

teachers,” among other things mandates the periodic evaluation of teachers. A few days before the vote on this proposal, Elba Esther Gordillo, former leader of the National Union of Educational Workers (SNTE), was arrested; she was known in previous administrations for her power to negotiate with the federal government even beyond educational affairs. Accused of diversion of funds and criminal association, she now finds herself incarcerated while her case is being processed.

Meanwhile, certain dissident sections of teachers and the new national administration of the trade union have mobilized against the proposed reforms. Teachers from Guerrero, joined together in the State Coordination of Educational Workers of Guerrero (CETEG), have on several occasions blocked the Sol highway which connects Acapulco with Mexico City. They have also carried out marches and protests in which various sectors of the local populace have participated, including the Communal Police, and this has led to the founding of the Guerrero Popular Movement (MPG). The state government several times has held dialogues with the CETEG, toward the end of a possible inclusion of its proposals within the state law on educational reform. However, the state government has not been able to suppress the protests, and on some occasions the federal government has even bypassed the state government, seeking to negotiate directly

with CETEG so as to stop its periodic highway blockades.

Guerrero: between teachers’ mobilizations and chronic problems

While the most sensitive question with the greatest amount of media coverage has been the mobilization undertaken by teachers and other social sectors in recent weeks, other tendencies that reflect chronic problems in the state have continued unchecked. In May, Humberto Salgado, Secretary of Governance, resigned his post due to the crisis that the state government confronts over the deepening of social conflict, including the teachers’ movement and the proliferation of citizens’ self-defense groups.

In April, the two police officers were released who had been arrested for the December 2011 murder of two students during the violent operation undertaken by the federal, state, and municipal police to repress a peaceful student march in Chilpancingo. The Tlachinollan Mountain Center for Human Rights, which is representing the case, has noted that this release demonstrates the high degree of impunity that exists in Guerrero. Also, new death threats have been directed against Obtilia Eugenio Manuel, president of the Organization of the Me’phaa Indigenous People (OPIM), which is based in Ayutla de los Libres. She and all other members of the OPIM enjoy protective measures, awarded by

Mexican President Enrique Peña Nieto with Chiapas state governor Manuel Velasco Cuello, during the inauguration of the National Crusade against Hunger in the Las Margaritas municipality, Chiapas, 20 January 2013

© Office of the President

12 cases were sentences handed down against the aggressors. Furthermore, from 2005 to the end of April 2013, 20 disappearances of journalists and 39 attacks on media offices have been recorded. Another type of work that in recent years has been targeted by harassment and assault is that of human rights defenders in general, given the explosion of cases against defenders of migrants. In March, Rubén Figueroa and Fray Tomás González, collaborator and director, respectively, of the Migrant Refuge Home “La 72,” were threatened with death in Tenosique, Tabasco.

Structural reforms adopted by Peña Nieto and opposition to the reforms

Enrique Peña Nieto’s government has advanced certain points of its political agenda, and these have been challenged by parts of society, even leading to protests. Among these is the question of the “Pact for Mexico” signed by the three major political parties: Institutional Revolutionary Party (PRI), National Action Party (PAN), and the Party of Democratic Revolution (PRD), which have all supported labor and educational reforms. Financial and energy reforms are still to come.

The “National Crusade against Hunger,” an initiative launched in January by the Peña Nieto government in the Chiapas state municipality of Las Margaritas, once again brought together a part of the federal cabinet with Chiapas state officials in Navenchauc, Zinacantán municipality, in April. In his comments, Enrique Peña Nieto asked Rosario Robles Berlanga, Secretary of Social Development, to “weather” the criticisms of those who “worry about elections.” The previous day, Robles Berlanga fired the delegate of this agency in Veracruz so that he could be investigated for his presumed embezzlement of Crusade resources to assist the PRI in the forthcoming elections in that state. These acts resulted in a temporary suspension of the Pact for Mexico. But after agreeing to mechanisms that would inhibit the use of governmental programs for electoral ends, the three parties that comprise the Pact once again launched it publicly in May.

Educational reform, challenged by analysts as a step toward the privatization of public education and considered a “labor reform for

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the Inter-American Court on Human Rights (IACHR) in 2009.

In other news, in February, in the community of Los Huajes, the home of the son of Julián Blanco, a leader of the opposition to the La Parota dam, was ransacked by soldiers. For this reason, the Council of Ejidos and Communities Opposed to the La Parota Dam (CECOP) has declared itself on red alert, warning that if the Army maintained its presence in the area, CECOP would reactivate the checkpoints that had been installed at the beginning of the movement. CECOP stressed that the federal government has budgeted 500 million pesos for restarting the La Parota project, noting that it is not a coincidence that there has been a high number of abuses committed by soldiers in the area, given that there are private interests pushing to have the dam built. The organization announced that campesinos will continue struggling until the construction project is canceled definitively.

Oaxaca: Mobilization of teachers and conflicts over megaprojects

In parallel to the Guerrero CETEG, teachers from Section 22 of the National Union of Educational Workers (SNTE) have also mobilized. In April, following the removal of teachers in the state of Guerrero after their blockade of the Sol highway, 200 federal police arrived in Oaxaca to prevent radical protest actions that the Section 22 teachers might undertake. At the beginning of May, following their evaluation of official responses to their demands as having been inadequate, the trade union decided to transfer 30% of its members to Mexico City, with the goal of “strengthening the struggle in the national arena.”

On 1 May, a commemorative march for International Workers’ Day was held in Oaxaca City which saw confrontations between protestors and municipal police. 34 persons were arrested. The Committee for the Comprehensive Defense of Human Rights

ANALYSIS

Sign at the entrance of the Ayotzinapa community © SIPAZ

Forum “Victories of the first constitutional Article in terms of the Mexican State’s obligations with regard to human rights and analysis of the effects of the labor and educational reforms, as well as reforms to article 73,” as organized by the Front of Popular Masses of Ayotzinapa, 15 February 2013, Ayotzinapa

© SIPAZ

Gobixha (CODIGO-DH) reported that police fired into the air and into the ground a short distance from those protesting. Furthermore, Gobixha has demanded the release of Susana Ramírez Jiménez, member of CODIGO-DH, who was arrested while she was documenting abuses committed by the authorities. She was held incommunicado, prevented from speaking with her lawyer and family until 14 hours into her detention. Moreover, harassment targeting CODIGO-DH occurred both before and after these events: in April, its offices were ransacked, with its coordinator, Alba Cruz Ramos, also receiving death threats. The organization linked these attacks on its work to its accompaniment of community human rights defenders, many of whom themselves face intimidation due to their work.

The major tension in this regard occurred in the Tehuantepec Isthmus, where part of the population has organized itself against the construction of wind-energy parks in the region. The harassment of different community radio stations in the Isthmus is similarly infamous. In May, the Meeting of Peoples in Resistance for the Defense of Territory took place in Juchitán de Zaragoza, where it was agreed that the construction of the Bii Hioxio wind-energy park (owned by the Spanish firm Fenosa Natural Gas) would be prevented using popular protest, and that there would be a boycott of voting in the Isthmus in state elections slated for 7 July.

I n M a y, s k e p t i c i s m g r e e t e d t h e announcement by the Secretary for Tourism and Economic Development from the Oaxaca state government that Mareña Renewables would suspend its construction of the wind-energy park in San Dioniosio, instead moving this project to a different part of the region. Subsequently, it was announced that the occupation of San Dionisio’s City Hall would continue, as would the blockade of the municipal office in Álvaro Obregón and the sit-in at the exit from Juchitán against the construction of the Bii Hioxio wind-energy park, once the respective assemblies analyze the government’s announcements and see these declarations officially made in writing.

With regard to mining, March marked the one-year anniversary of the murder of Bernardo Vásquez Sánchez, spokesperson for

5May 2013

March of the Zapatista Army of National Liberation, San Cristóbal de Las Casas, 21 December 2012

© SIPAZ

the Coordination of Peoples United in Defense of the Ocotlán Valley (CPUVO), who opposed the mining operations undertaken by the Cuzcatlán firm, a subsidiary of Fortuna Silver Mines Inc., located in San José del Progreso. Some 200 people carried out a ceremony in front of the mine. According to the Miguel Agustín Pro Juárez Center for Human Rights, once the ceremony ended, the entire group was arrested when 5 trucks full of people affiliated with the mine blockaded all exit-points and began shooting, to intimidate the group of organizations that were participating in the event.

Chiapas: Peak of conflictivity in several areas of the state

Conflictivity has worsened in various areas of the state, with several injured and murdered. In February, the Fray Bartolomé de Las Casas Center for Human Rights (CDHFBC) warned of the “imminent risk” that in the San Marcos Avilés ejido (Chilón municipality) “for the second time there could be a forced displacement of support-bases of the Zapatista Army of National Liberation (EZLN) committed by residents of the same ejido who were affiliates of different political parties.” In April, the Chiapas Peace Network carried out a Civil Observation Mission in this community, during which party members threatened to forcibly remove observers from their vehicles. In previous days, the Good Government Council (JBG) of Oventic also denounced the numerous aggressions suffered by Zapatista support bases in San Marcos Avilés since July 2011.

On 24 April, Juan Vázquez Gómez, former Secretary General of the adherents to the Other Campaign in the San Sebastián Bachajón ejido, was murdered by unidentified persons. The CDHFBC condemned the murder of Vázquez Gómez “who was known for his active defense of the land and territory in light of the government’s looting of the Agua Azul cascades.” It recalled that shortly before the attack, the ejidatarios of San Sebastian “publicly denounced that [their] territory is being threatened by the official policy of territorial looting, indicating continuity under the current state government.”

On 5 May in Venustiano Carranza, there were confrontations between members of the campesino organizations Casa del Pueblo Emiliano Zapata Campesino Organization

(OCEZ-CP) and the Emiliano Zapata Campesino Organization-Chiapas (OCEZ-Chiapas), resulting in several injured and two dead. In September 2012, communards from the OCEZ-CP who are now affiliated with OCEZ-Chiapas occupied the offices of Casa del Pueblo, attacking members who had demanded clarif ication of the whereabouts of cattle that had been lost during the previous state government administration. In their respective communiqués, each group blamed the opposing organization for having initiated the conflict. OCEZ-CP demanded the expulsion of the dissident group and began the official process toward this end with the National Agrarian Registry, which has to date not resolved the case.

One person died and at least six others were injured in the Petalcingo ejido during a confrontation that also occurred on 5 May. The differences between the opposing groups intensified after the municipal elections of last July.

Social processes and the perception of closure of spaces

On 26 February, campesinos and indigenous persons belonging to 11 municipalities from the Sierra and Coast of Chiapas founded “civil guards for self-defense,” aimed at halting the looting of resources undertaken by mining

firms in the state. These self-styled guards indicated that they saw themselves as obligated to choose this path, in light of the complicity of local and federal authorities with these firms.

In other news, between February and March, the Zapatista Army of National Liberation (EZLN) published a series of communiqués which formed a part of the series “Us and Them VII, The Smallest Ones.” Subsequently, Subcomandante Moisés announced the beginning of “little Zapatista schools” for August 2013, where autonomous rebel peoples will present their experiences in collective governance. He declared that until that time, the Zapatistas will not receive caravans or brigades, nor will they grant interviews.

In April, several media made public the intent of the state government to cancel the pilgrimage that was being organized by the Believing People in favor of the release of professor Alberto Patishtán, given that it coincided with the visit of Enrique Peña Nieto to Chiapas. The CDHFBC indicated that the government “demands a cancellation of the pilgrimage […] because it wants to present a scenario cleansed of social protest; this would be the first mass mobilization in the state capital during this new administration.” Nevertheless, the pilgrimage took place, with the participation of some 8,000 persons. It

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ANALYSIS

Fray Tomás González, director of the Migrant Refuge Home “La 72,” in Tenosique, Tabasco

© estudiosecumenicos.org.mx

In North America:Donations can be sent by

check or money order to:

SIPAZ

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To the SIPAZ account in Holland

Name of Bank: ING Bank

Account Number: 4602969 (ING)

In the name of

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BIC: INGBNL2A

IBAN: NL75INGB0004602969

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should be added that, once these public pressures were applied, governor Manuel Velasco Coello himself visited Patishtán in jail, committing himself to promoting his release as well as a new review of the cases of the other prisoners from the Voz del Amate organization, and those in solidarity with the Voz del Amate.

Another noteworthy event occurred that could perhaps be attributed to the previous administration, if not for the fact that the current Chiapas state government is operating with several of the same officials who worked in the previous administration. The lawyer Horacio Culebro Borrayas denounced that he had been victim of a death threat, denounced that he had been a victim of a death threat after he had demanded a trial against former governor Juan Sabines Guerrero and 50 members of his cabinet. Culebro Borrayas submitted to the Federal Attorney

General’s Office (PGR) a complaint for at least twenty crimes, including criminal association, organized crime, and illicit enrichment.

On 11 Apr i l the dai ly copy of the Chiapas Herald newspaper was suspended and censored, after its front page that day ran the headline “Chiapas, on the edge of collapse because of Manuel Velasco’s lack of experience.” There were reports that in Tuxtla Gutiérrez people with police-style short hair surreptitiously followed the vendors and distributors of the daily so as to “buy the newspapers” or snatch them up. Two vendors affirmed that they were “held up with pistols by presumed police who took charge of confiscating the newspapers.” Also with regard to freedom of expression, in early April, the organization Article 19 published a communiqué regarding the reforms adopted on 7 March. These define as a crime in the Penal Code of Chiapas the

obtaining of information from police and judicial sources, threatening to “criminalize access to information and freedom of expression,” thus making it even riskier for journalists to conduct investigations in the field and for citizens to exercise their rights to access to public information.

Impunity: the eternal task16 persons charged for participating in

the 1997 Acteal massacre have been recently released. This now comes to a total of 73 indigenous persons released who previously had been incarcerated for the massacre–not because they are innocent, but because there were violations of due process. Now just six people remain in prison for the crime. In an act that in fact was considered as a glimmer of hope in the face of impunity, a Mexico City judge has accepted a motion in favor of relatives of the victims of the massacre. With this, the petition for diplomatic immunity requested by the Mexican State in 2011 is nullified, thus increasing the chance that former president Ernesto Zedillo will in fact be prosecuted by a Connecticut state court for his presumed responsibility for this massacre. In the case of the freed prisoners, Noé Castañón, Secretary of Governance, has announced that, as was previously done with the others who have been released, there will be an agreement made to provide the newly released persons with lands so that they do not return to Chenalhó, so as to avoid problems in the area. Contradicting this planned course of action, the Las Abejas Civil Society has denounced that “[t]he paramilitaries who were released […] together with their relatives live peacefully, while they cause anxiety and fear in the communities.” They have reported gunfire in broad daylight in numerous communities n

7May 2013

The mining industry is one of the largest industries of the global economy. It is the mega project with the biggest social and environmental impact not only in Mexico but in the whole of Latin America and the rest of the world. Indigenous peoples and farming communities are the ones who see themselves most affected because it is mainly in their territories that natural resources are found. Mining has formed an important part of the worldwide economy since colonial times. In countries such as Peru, Bolivia and Mexico, the first successful attempts were made of extracting precious metals like gold and silver. However due to less developed methods for mineral extraction during those early times, the processes took much longer and impacts on the environment were much less severe. Currently, according to Gustavo Castro of the Mexican Network of People Affected by Mining (REMA), the extraction of silver during 26 months and that of gold during 6 months generates the same amount of these precious metals as during 120 years in colonial times x

In Mexico, the mining sector holds 8% of the Gross Domestic Product (GDP). The country has taken the lead with having the highest sources of silver production and is a leading competitor for the production of zinc, copper and gold in the world. Hand in hand goes the fact that it has an enormously damaging impact on the environment and on human and animal life. Mining activity generates contamination of air, water and soil, and often generates a variety of health problems in the population living close to the mines. The problem is not the mineral in itself, but the model which sustains its industrialized extraction, according to critics who emphasize the unsustainability of the model. They state that it does not take into account environmental, cultural, social, economic or local aspects. Nor does it take into consideration the exhaustion and irreversible damage to the environment.

Mexican mining in a global contextIn Mexico, during the Carlos Salinas de Gortari administration, in 1992,

the reform of article 27 of the Constitution made it possible to exploit and concession minerals, although according to the Agrarian Law the owners of the lands are the ones who have to give permission to mining activity. According to REMA, the Mexican government, far from protecting, guaranteeing and promoting the human rights of the population, benefits and legislates in favor of the mining interests, systematically violating the human rights of the population. With the latest constitutional modifications concerning the issues of water, mining, agriculture and environment, amongst others, the federal government facilitates mining investments even more, not only in Chiapas but in the whole country.

The members of REMA argue that domestic regulation is going to be adapted in the context of the Trans-Pacific Partnership Agreement (TPP). Since 2010, negotiations have been taking place for the TPP, which is a proposed free trade agreement under negotiation by (as of December 2012) Australia, Brunei, Chile, Canada, Malaysia, New Zealand, Peru, Singapore, the United States, Vietnam and Mexico. The TPP has received criticism and protest from civil society as well as elected officials because of the secrecy of the process, its expansive scope, and some controversial clauses in drafts leaked to the public. According to Public Knowledge (www.tppinfo.org), the TPP suffers from a serious lack of transparency and pressures foreign governments to adopt unbalanced laws. Anti-globalization advocates accuse the TPP of going far beyond the realm of tariff reduction and trade promotion, granting unprecedented power to corporations and violating consumer, labour, and environmental rights. For example, Rainforest Action Network (RAN), in an article of September 2012, mentions that “of the 26 chapters under negotiation, only a few have to do directly with trade. The other chapters enshrine new rights

Febrero de 2013

IN FOCUS

Commemoration for Bernardo Méndez during the “Meeting of Peoples of Mesoamerica, Yes to Life, No to Mining,” Capulálpam de Méndez, Oaxaca, 17 to 20 January 2013

© SIPAZ

Commemoration for Bernardo Méndez during the “Meeting of Peoples of Mesoamerica, Yes to Life, No to Mining,” Capulálpam de Méndez, Oaxaca, 17 to 20 January 2013

© SIPAZ

The unsustainability of the Extractive Mining ModelThe unsustainability of the Extractive Mining Model

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and privileges for major corporations while weakening the power of nation states to oppose them”.

Taking into account the importance of its mineral reserves, according to the Fraser Institute, Mexico holds the 24th place on a global level but it jumps to first place when it comes to the interests of mining enterprises worldwide. When it comes to foreign mining investment, Mexico is ranked as 4th in the entire world and 1st in Latin America, due to the fact that Mexico has no strict regulations for mining investments. The availability of energy and the existence of connecting highways facilitate mining activities as well as the fact that there are practically no conditions for how and what to extract from Mexican soil. Different actors confirm that this provokes the plundering of strategic minerals and threatens the maintenance of biological richness as well as Mexican culture. Although on a governmental level discussions are being held about reforming the Law on Mining, such an adaptation would probably still far from result in a halt to extraction of mining resources without regulation. The discussion is about the possibility of forcing mining corporations to pay 5% taxes over their income due to mining activities, as a way of compensation. The objective of this initiative is to transform part of the economic benefits of mining activities into benefits to the communities and regions where they take place. However, taking into account the enormous impact of mining companies on the quality of water, air, soil, landscape and the environment as a whole, especially on a local level, this can hardly be considered to be a reasonable compensation.

Interesting enough, according to a Deloitte report of May 2012, out of the 70% of foreign investment in Mexico, 75% of that is owned by Canadian owned companies. From a Canadian perspective, 44% of total foreign investment goes towards Mexico. The economic relationship

IN FOCUS

“Meeting of Peoples of Mesoamerica, Yes to Life, No to Mining,” Capulálpam de Méndez, Oaxaca, 17 to 20 January 2013

© SIPAZ

“Meeting of Peoples of Mesoamerica, Yes to Life, No to Mining,” Capulálpam de Méndez, Oaxaca, 17 to 20 January 2013

© SIPAZ

between Mexico and Canada has strengthened since the signing of the North American Free Trade Agreement (NAFTA), in 1994.which allowed an easier process for exports and imports throughout North America without having to worry about taxes on imported and exported goods.

Mining and resistance in ChiapasAlmost all mining concessions in Chiapas were granted from 2000 to

2012, during the federal administrations of Vicente Fox and Felipe Caderón. The total number of mining concessions and activities of exploration and exploitation during this period have added up to 153 and are in the hands of either Mexican individuals, the federal government, Mexican or foreign companies. The total surface involved in these activities covers over 1.5 million hectares. This is to say that over 20% of the Chiapas territory is dedicated to mining interests.. The activities involved with mining have been taking place mostly in indigenous and farmers’ communities as well as territories with rich biodiversity. According to information of the environmental organization Otros Mundos, 54 mining projects have concessions for 50 years in a total of 24 municipalities in Chiapas. The concessions granted for open pit mining (for between 48 and 52 years) encompass over 10% of Chiapas territory.

Mining often leads to conflicts between the population and the corporation or authorities at different levels.in Chiapas, as well as in other parts of Mexico. A variety of problematic situations have occurred over the last decade These have included threats, persecutions, displacements of the population in mining areas, as well as assassinations of various leaders of movements against mining. This has resulted in the fact that, from 2007 onwards, people have started to organize themselves against mining projects in Chiapas. Various organizations, including REMA,

9May 2013

a Canadian company, took interest in this region. The exploitation of silver and gold started in September of 2011. Ejido members were encouraged to apply for individual land titles through the PROCEDE program. This then made it easier for Fortuna Silver to gain authorization to use the land. According to information of the company, this happened via two public assemblies held by ejido members in 2006 and 2007. However, according to observations of community members the process was not transparent and reliable information was lacking.. As one woman mentioned: ‘In town meetings the previous municipal president, Amadeo Alejo Vasquez Rosario never told people what he was doing. He just said he was giving permission for a garbage dump. We finally realized the dump was actually a mine concession. By that time some people had already agreed to sell their ejido land’.

Notwithstanding some community initiatives proposed by Fortuna, the community rose in opposition to the mine and in 2009 created a blockade at the point where the road provided access into the mining concession. Three months later, Governor Ulises Ruiz sent 700 police officers to terminate the blockade which led to the arrest of 23 people. The following year the resistance persisted which then led to the disappearance of a local priest, Martín Octavio García Ortiz, who was kidnapped, beaten and forced to leave town. The community requested the State of Oaxaca to cancel the concessions, but a few months later the mine opened.

In January 19, 2012 tensions and conflicts reached new heights. Bernardo Méndez, an activist from the community, was shot and killed, along with Abigail Vásquez, who was shot and seriously wounded.

Forum “For the Defense of Our Mother Earth and Territory, Yes to Life, No to Mining Devastation” - Chicomuselo, Chiapas, 15 September 2012

© SIPAZ

Forum “For the Defense of Our Mother Earth and Territory, Yes to Life, No to Mining Devastation” - Chicomuselo, Chiapas, 15 September 2012

© SIPAZ

Organización Campesina Emiliano Zapata (OCEZ), Organización Proletaria Emiliano Zapata (OPEZ), Frente Nacional de Lucha por el Socialismo (FNLS) and the Mesoamerican Movement Against the Extractive Mining Model (M4), amongst others, have started to organize meetings, mobilizations (including in front of the Canadian Embassy), blockades, campaigns and lawsuits for corruption against mining projects in Chiapas.

Canadian mining companies creating conflict in MexicoChicomuselo - Chiapas

There have been many actions against the Canadian Exploration Company Blackfire, which purchased the mining concession in Chicomuselo. Throughout the different obstacles that Blackfire faces, the company continues to take pride in the different efforts towards community development, by claiming to have provided jobs for community members and had low effects on the environment. However, the communities in the region rose up in opposition to the exploitation of the land by Blackfire, which aimed to obtain the mineral barite. The people are against the mine because of the negative impacts on health and the environment. Many of the locals use the river as a place to bathe and wash their clothes, however, since the arrival of the mining company, many reported having skin irritations. Over 200 indigenous families were displaced, and of those families, only 25 men received jobs with the mine.

New issues surfaced after a leading activist against the mines, Mariano Abaraca, made mention to the Canadian Embassy about the intimidating tactics used by armed Blackfire workers. Tensions rose in August 2009 when Abarca was arrested, followed by 1,400 letters sent to the embassy expressing dire concern for Abarca’s life. Shortly after, in November 2009, Abarca was murdered by men who were known to have connections to the company, leading to the closure of the mine. There have been reports on corruption mentioning that the mayor ‘had been receiving personal payments from Blackfire’. Questions also arose upon the position of the Canadian Embassy. According to Mining Watch Canada, secret records show that the Canadian Embassy in Mexico provided an “active and unquestioning support” to the Canadian mining Company before, during and after the controversy surrounding the murder of Abarca.

These allegations need to be further investigated but it is clear that the people of Chicomuselo, until now, are maintaining their resistance. Four years after the assassination of Mariano Abarca, in February 2013, around 78 ejidos in 11 municipalities in the Coast and Sierra regions of Chiapas, formed their Civil Guardian groups against the entrance of mining corporations. Over 2.000 farmers, armed with machetes and sticks started this defense movement, called the Union of Peoples and Communities for the Defense of our Patrimony, Water and Environment, in the municipality of Motozintla, specifically detaining the mining corporations from entering the region. According to their demands, the movement will not cease until all exploration and exploitation permits in Chiapas are canceled. San José del Progreso - Oaxaca

Not only in Chiapas people have started to rise up against mining activities.:In the state of Oaxaca there are various processes going on of people defending their territories against extractive mining activities. For example, in the municipality of San José del Progreso. Fortuna Silver, also

10 Report

Threats were made through vandalizing common places that locals attend, including one graffiti specifically mentioning Bernardo Vásquez Sánchez, an outspoken opponent of the Fortuna mine, saying ‘Bernardo, your end has come’. Shortly after, Bernardo Vásquez Sánchez was shot and killed on the highway just outside of San José. Since these two murders, there have been smear campaigns saying that Vásquez had made deals with Fortuna Silver. The mayor of San José del Progreso, Alberto Mauro, accuses members of the Coordination of the Peoples of the Ococtlán Valley (CPUVO) of having murdered one of the Bernardos attempting to distance himself from the violent happenings. As time goes on, the violence continues to escalate, more blockades have been held and there have been more attacks leaving two members of the CPUVO, Guadalupe Vásquez Ruiz and Bertín Vásquez Ruiz, shot and wounded on June 16th, 2012. However, the people opposed to the mining activities continue their struggle advocating for the human rights they have been denied. Carrizalillo, Guerrero

When Los Filos, a branch of the Canadian mining company GoldCorp, first came to Carrizalillo, the people, who are organized in the Permanent Assembly of Landowners and Workers of Carrizalillo (APETC) were open to the idea of having the mine come to their land, because they hoped the company would provide new income generating opportunities. Valeriano Celso Solis, a representative of APETC, declared ‘We did not know about the damages this would cause. We made errors due to ignorance because we did not study the facts, but we decided to organize as people. We wanted to avoid destruction of the hills, but the only thing left to do was repair the damage’.

After a negotiation process, the people left with the sense of accomplishment with the settling rent price of $500 USD/hectare of land, although initially they had asked for 700 USD. Once the company began the exploitation process, a new array of problems arose, not only did the company fail to follow through with their agreement on rent but many health and environmental issues followed. The exploitation led to devastation of the land, making it impossible to cultivate. Those who were hired by Los Filos lacked the labor rights they were entitled to. Valeriano Celso stated ‘we did a sit in and in response the State Government sent us the police, several community members were arrested and imprisoned’.

The APETC began searching for alternative actions against the mining company. They sought for legal action and connected with the Tlachinollan Human Rights Center, who supported the case nationally and internationally. As Valeriano Celso mentioned ‘Corporations take advantage of the difficulties in organizing, there was never a formal agreement from the entire population. There are people for and against the project. The companies benefit from the fact that there is no one to advise us”. Now, 8 years later there are new companies that are exploring this community to carry out the mining opportunities to which it holds. The community of Carrizalillo continues its resistance towards the mine, but the problem of not being fully organized from the start has hindered their chances of regaining what was once theirs.

Post extractivism as an alternative to the Extractive Mining Model?

Numerous environmental groups, human rights organizations as well as the anti-capitalist movement have criticized the extractivist model indicating that it is ecologically destructive and keeps the people in many countries in misery, dependence and underdevelopment. Taking into account the negative consequences of the Extractive Mining Model, activists and academics have come to the conclusion that the model is unsustainable and have started to discuss viable alternatives to it.

A transition from the extractivist model towards a whole other system, proposed by left-wing and anti-globalization advocates, is the post-extractivist model. In post-extractivism, natural resources would be used in a rational and sustainable manner, and mainly for local use, facilitating a mostly national economic development. Among indigenous peoples’ movements, the post-extractivist posture is reflected in the philosophy of “lekil kuxlejal” or “living well”, roughly meaning having access to what is needed according to a moderate way of living.

This transition would confront enormous challenges on social as well as cultural and political levels. The ecologist Eduardo Gudynas argues that programs will need to reform consumer patterns, in favor of the development of products with longer duration and better balance between energy and material, as well as to promote recycling, product sharing and reuse. On a political level, the transitions require the strengthening of a democratic framework including adequate social participation. Post-extractivism does not mean prohibiting all extractive forms but it does imply radical changes concerning ideas about what development means, and productive processes having to be oriented towards securing people’s necessities while conserving nature, instead of towards profitability.

According to Cesar Padilla, of the Latin American Mining Conflicts Observatory (OCMAL), the model of post-extractivism is starting to be part of the discussions on the failure of extractivism as a development model. Communities affected by mining are starting to demand the restriction and even the prohibition of mining as a central model of development throughout Latin America. An example is formed by the demands of the Believing People of Chiapas, an organizational process associated with the diocese of San Cristóbal de Las Casas, who include the mining project in what they call “projects of death”. During a pilgrimage on the 25th of January of this year, the denounced “the concessions for mineral exploitation that the federal government has awarded, particularly to foreign firms, thus totally violating the peoples’ fundamental right to prior informed consent”. Another clear example of struggle against mining form the firm words of a woman from San José del Progreso: “Even though a “compañero” has died, it doesn’t mean that we are going to stop our struggle. On the contrary, it gives me more strength to keep fighting. I have hope that one day this mining company is going to get out of this community. I have hope that one day they will stop using our natural resources and that we will be able to save them. We are the ones who need these resources. The people and companies that come to our community want our resources so that they can enrich themselves - not because they really need them” n

IN FOCUS

11May 2013

ARTICLE

“There is still racism within the Mexican

justice system.”

Leonel Rivero, defense counsel for

Patishtán

“The struggle that I am undertaking is not

just for me; it is for the whole world. It is not

just I who is suffering. Many are imprisoned

due to injustice, some for being poor or for

not being able to pay for a lawyer -others

because they don’t know Spanish. It is for

these reasons that I am struggling -because

justice does not exist.”

Alberto Patishtán, interviewed in the

documentary “Live or Die for Truth and

Justice”

Three Chiapas state-governors, Roberto Albores

Guillén, Juan Sabines Guerrero, and the present

governor Manuel Velasco Coello, have committed

themselves to the release of Alberto Patishtán

Gómez, a Tsotsil teacher who has been imprisoned

since 19 June 2000, sentenced for more than 60

years. Velasco Coello has declared that “We do not

want to return to having cases like that of professor

Alberto Patishtán, who should not be incarcerated,” and

that “the release of Alberto Patishtán would be an act

of justice.” For his part, Juan Sabines is on record as

having said that “here there has been a judicial error;

there was negligence when they reviewed the evidence

in the case,” adding that “he will be liberated.”

Judicial defense: a process plagued by irregularities

Alberto Patishtán is an indigenous Tsotsil

professor from the El Bosque municipality in

the Highlands of Chiapas. He was sentenced for

supposedly having participated in an ambush which

resulted in the deaths of 7 police, as well as the charge

of the carrying of firearms that are exclusively for

Army use. Both of these crimes are considered to be

federal charges.

He was arrested without an arrest-order and

forced to sign a declaration in the absence of any

counsel. The accusation was based essentially in

the declarations of two surviving witnesses who

experienced the massacre: the son of the mayor at

that time, as well as a police officer. Both of their

declarations demonstrate grave contradictions. The

son of the mayor has declared that he saw Patishtán,

who reportedly beat him after he had fallen. He

also claimed that Patishtan had his face uncovered,

an assertion which contradicts the police officer in

question, who referred to masked assailants. As a

part of this incident, the ex-mayor’s son was injured

in the stomach, though he said that he had been

wounded on his back.

Furthermore, the elaboration of the petition

made by the Federal Public Ministry, the transfer of

the document to the judge, and the deliberation of

sentence, according to the minutes in the case, were

all completed in only 15 minutes, thus leaving serious

doubts regarding the investigation and integrity of

the case, given that the mere distance between the

ministerial offices and the court could not have been

covered in that short of a time.

Presently, the case is in the First Collegiate

Tribunal in Tuxtla Gutiérrez, where the innocence

of Patishtán could indeed be recognized. On 6

March 2013, the Supreme Court for Justice in the

Nation (SCJN) resolved not to address whether it

was competent to revise the case, despite the fact

that the utterances of justice Olga Sánchez Cordero

suggested new indications in favor of the cause of

Alberto Patishtán, given that, were he to have been

judged with the criteria approved by the SCJN in

recent years, he surely would have been granted his

liberty due to the serious violations to due process

which occurred during his trial. Sánchez Cordero

herself had also indicated that Patishtán should be

released immediately. Paradoxically, though, this

process has been marked in recent months by the

release of 15 indigenous persons accused of having

participated in the Acteal massacre, thus amounting

to a total of 73 who have been liberated after having

been incarcerated for the crime since 2009. Their

releases were not due to their innocence, but rather

emanated from violations to due process. Similarly,

Florence Cassez, a French citizen who infamously was

condemned to 60 years’ imprisonment in 2007 for

kidnapping, organized crime, and illegal possession

of arms for the exclusive use of the Army, was also

released following the identification of failures in

due process, as well as strong diplomatic pressure.

National and international supportNever has a prisoner been afforded so much

support and respect from organizations, politicians,

and social movements. In January 2010, Alberto

Patishtán was awarded the Jtatic Samuel Jcanan

Lum Recognition for “his service, care, and love for his

people.” Bishop emeritus Samuel Ruiz García himself

entered the San Cristóbal de Las Casas prison to

personally present Patishtán with the award. On

19 April 2013, some 8000 people organized by the

Believing People (a Tsotsil team from the San Cristóbal

diocese, together with members of the Movement

of El Bosque for the Liberty of Alberto Patishtán, and

accompanied by teachers from the National Union of

Educational Workers (SNTE) of Chiapas) carried out a

pilgrimage in favor of the release of this teacher in the

Chiapas state capital of Tuxtla Gutiérrez. Amnesty

International has concluded that there were serious

failures to due process, among them irregularities

and contradictions in the declarations of the witness

who identified Patishtán as responsible for the crimes

of which he is accused, and there exists evidence

that Patishtán Gómez found himself somewhere else

entirely during the time of the attack. Furthermore, in

recent years there have been made an innumerable

number of marches and campaigns in favor of his

release.

An example of inspiration and struggle

Throughout the 13 years of his imprisonment,

Patishtán Gómez has been recognized as a human-

rights defender, beyond being a teacher and social

activist who has shown the path to justice in the

different prisons where he has been held. His

comrades value him as an example of inspiration

who has taught reading, writing, and the Spanish

language to indigenous prisoners who know only

their own tongues, beyond strengthening the

spirituality of others through his ministry of the

Eucharist, as recognized by the Tuxtla diocese. He has

led and participated in numerous fasts and hunger

strikes. In the 41-day hunger strike which took place

in 2008, he was the only one to remain imprisoned.

With regard to this, he noted, “I thought: if I die, well

that is fine. It is better to die struggling for liberty than to

resign oneself.” As Patishtán observed during a visit by

SIPAZ to the San Cristóbal de Las Casas prison, “here

we are, sharing what little we know,” with the result

that he is popularly known as “The Prof.” n

Alberto Patishtán - The prisoner to whom the most Chiapas state-governors have promised liberation

12 Report

From mid-February to mid-May 2013SIPAZ ACTIvITIESINTERNATIONAL PRESENCE AND ACCOMPANIMENT

CHIAPAS

Northern Zone

- At the end of February and of April, SIPAZ visited different municipalities in the northern Zone of the state to hold interviews with different actors in the

region.

- O n 2 2 M a rc h , we at te n d e d t h e m o nt h l y commemoration of the Acteal massacre with a delegation from the U.S. In April we visited the women’s cooperative in this same community with a different delegation.

Jungle

- On 14-15 May, SIPAZ met with various counterparts in the Chilón municipality to share analyses and reflections regarding the prevailing context in this area.

Caracoles

- Between mid-February and mid-May, we visited all 5 Zapatista caracoles..

Events

- In March, we attended a seminar for juridical and political analysis on agrarian reforms and counter-reforms in Mexico and Chiapas.

- On 14 March we attended the activities in San Cristóbal de Las Casas in observation of the International Day of Action against Dams and for Rivers, Water, and Life.

- On 19 March, we attended the presentation of Fray Bartolomé de las Casas Center for Human Rights’ six year report “Between systemic politics and life alternatives.” Marina Pagès, SIPAZ coordinator,

presented the chapter entitled “State of armed internal conflict during the last six years.”

Prisoners

- In April, we visited prisoners from the Voz del Amate and those in solidarity with the Voz del Amate, which are organizational processes promoted by adherents to the Other Campaign who are imprisoned in the San Cristóbal de Las Casas prison. On 19 April, we

accompanied the pilgrimage of some 8,000 persons requesting the release of Alberto Patishtán in Chiapas’ state-capital, Tuxtla Gutiérrez.

Women

- In February, SIPAZ attended the assembly of the Diocene Coordination of Women (CODIMUJ), held in San Cristóbal de Las Casas.

- On 8 March, in observance of International Women’s Day, SIPAZ was present during the march held in San Cristóbal de Las Casas to demand respect for the rights of women. This same day, we accompanied hundreds of women from the Las Abejas Civil Society, who marched from Yabteclum to Acteal, with the same demands.

- On 14 March, we attended the roundtable on “Feminism and Decolonization,” organized by the Center for Investigation and Action for Latin American Women (CIAM).

PUBLIC RELATIONS

- On 4 May, we participated in San Cristóbal in a meeting with a political counselor to the German embassy in Mexico and Dr. Jüttner, deputy of the German Parliament and member of the Commission on Human Rights and of the Commission for Economic Cooperation.

- From 7-9 May, SIPAZ carried out a series of meetings in Mexico City including interviews with the counselor

for Political Affairs of the European Delegation Union in Mexico, members of the U.S. embassy and USAID; the Swiss embassy, the Canadian embassy, and a representative of the UN High Commissioner on Human Rights.

PEACE PROMOTION

WORK WITH RELIGIOUS ACTORS

- In February, we participated in a space of analysis for more than 200 members of the Believing People in the Ocosingo municipality.

- In March, we facilitated a space for analysis with parish groups of the “lower Tseltal zone.”

EDUCATION FOR PEACE

- Between February and May, SIPAZ facilitated training regarding “Violence and Peace Ministries” in the Mayense Intercultural Seminar (SIM). In April, another intensive week-long course on the same subject with undergraduate students was held.

NETWORKING

- SIPAZ attended Peace Network’s meetings, a space for action and reflection that seek to support peace and reconciliation processes in Chiapas. In April, it organized jointly with others a Civil Observation Mission to San Marcos Avilés in the Chilón municipality.

- From 13 - 15 March, we participated in a Meeting for International Accompaniment Groups held in Guatemala City. Projects from Honduras, Guatemala, Colombia, and Mexico also participated.

INFORMATION

- SIPAZ received visits from delegations, students, journalists, and members of our coalition interested in learning more about Chiapas and SIPAZ’s work.

- We coordinated a delegation with Global Exchange (U.S.) that visited Chiapas in March n

Servicio Internacional Para La PazInternational Service for Peace PO Box 3584Chico, CA 95927 USA