Communiqué from Ajchmol Maya Comprehensive Development Association (ADIMA) in view of the vio

Communiqué from Ajchmol Maya Comprehensive Development Association (ADIMA) in view of the violent incidents that occurred on January 11, 2005

Unofficial english translation by Gloria Pereira-Papenburg and Lisa Roberts

San Marcos, 13 January 2005

To the President of the Republic, the Minister of the Interior, the Minister of Energy and Mines, Members of National Congress, Municipal Mayors, people of Guatemala and International Community.

We, the Ajchmol Maya Comprehensive Development Association, located in the Department of San Marcos, are defending our collective rights.

The present government violated our rights when it granted mining concessions, without previous consultation with the Maya Mam and Sipacapense people of this department. We base this accusation on the following facts:

* The population of the Western Highlands of Guatemala, mainly Maya communities, know that the Guatemalan government has granted mining licenses and concessions to trans-national enterprises, in indigenous territory, without taking into consideration our social, political, economic and cultural rights.

* The mining activity promoted by the Guatemalan state as an alleged alternative for development, thus justifying investment from trans-national enterprises, is nothing more than a threat and an extermination of Mayan cultural values; specifically, this activity goes against our cosmo-vision and spirituality that have developed over thousands of years.

* The indigenous communities know that no economic benefit (royalties: 0.5%) will be generated from this activity, and that it does not support community development as the authorities and representatives of mining enterprises are telling the communities in order to fool them.

* Indigenous Communities in Latin America and throughout the world have suffered the negative effects of open pit mining, which destroys land and leaves it infertile, causes water shortages, diseases and general contamination of the environment

* The violent, bloody acts that occurred in los Encuentros, Sololá were carried out against Mayan communities peacefully protesting and exercising their constitutional rights in opposition to the dismantling of a pedestrian bridge that blocked the passage of a mill cylinder destined for Glamis Gold's Marlin project in the municipalities of San Miguel Ixtahucán and Sipacapa, San Marcos.

* This repression by the State is an indication of this government's lack of negotiating capacity. It is another example of the exclusion, discrimination and racism against indigenous peoples and communities in Guatemala which have persisted throughout this country's history.

* Choosing to escort the mill cylinder with the National Police and the Army, the Defense Ministry and the Interior Ministry chose once against to use repression, recrimination and violence against the Mayan people, ignoring that the Guatemalan state is intended to protect the lives of its people and not a cylinder belonging to a private company.

* This government act incited violence in the communities' peaceful demonstration against open pit mining, resulting in four wounded people and one Mayan brother killed. This shows the lack of political will on the part of the Berger government to protect the rights of the indigenous peoples, clearly displaying this government's lack of capacity to negotiate and dialogue.

* Indigenous peoples are aware of our rights as enshrined in national legislation and in international treaties ratified by the Guatemalan State, particularly Convention 169 of the International Labour Organization (ILO). Articles 6.1 a), 7.1, y 7.3 of this Convention establish with legal certainty the indigenous peoples' right to information, consultation and participation in all plans, projects and actions promoted by the State and affecting our rights and interests as indigenous peoples in this country.

Therefore we demand:

* That the President of Guatemala obey the Rule of Law and current national and international law, specifically ILO's Convention 169.

* That the Congress of the Republic declare that the mining exploration and exploitation contracts and licenses granted by the Executive [Branch of the Government] to trans-national enterprises are detrimental.

* That all the other State organizations promote, respect and apply current laws and implement a re-launch of the Peace Accords.

* That the Office of the Human Rights Ombudsman and all other human rights institutions denounce the violent acts perpetrated by the national police and the army, which caused the death of our Mayan brother Raul Castro Bocel and injuries to several people on January 11, 2005.

* To the International Community: we ask you for your support and solidarity with the peaceful resistance and the exercise of indigenous communities' rights, the respect for our territory, our cosmo-vision, our own way of life and development.

Legal basis:

The Guatemalan Political Constitution recognizes the right to peaceful meetings and public demonstrations.
Resistence by the people, in defense of our rights and guarantees enshrined in the Constitution, is legitimate.
Social wellbeing prevails over above individual wellbeing.
Every person has the right to do whatever is not prohibited by law.
International treaties ratified by Guatemala have primacy over national law on matters of human rights; in this case Convention 169 of the ILO is applicable to Guatemala.

Cited laws:

Political Constitution: articles 1, 2, 3, 4, 5, 28, 33, 44, 45, 46, 66 to 69.
Convention 169 0f the International Labour Organization: article 6.1 a).
Development Councils Law (Decree 11-2002): article 26.
Municipal Code: article 65.
Des-centralization General Law: articles 17 and 18.

Sincerely, Ajchmol Maya Comprehensive Development Association, ADIMA