Mar 8, 2022
Photo of a young Xinca woman. The Xinca are found in Guatemala, El Salvador, and in some areas in Honduras
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Photo of a young Xinca woman. The Xinca are found in Guatemala, El Salvador, and in some areas in Honduras
The area near the El Escobal silver mine has been a scene of conflict since the mine was established in 2007. Opponents of the mine, mainly Xinca people, have held numerous peaceful protests that have been met with violence from mine guards and police.
The area near the El Escobal silver mine in southeast Guatemala has been a scene of conflict since Tahoe Resources was granted a mining license.
Seven Guatemalan men won an appeal Thursday against Tahoe Resources Inc in a Canadian court, which ruled that their lawsuit accused the miner's private security guards to have shot them can proceed in British Columbia.
“There is some measurable risk that the appellants will encounter difficulty in receiving a fair trial against a powerful international company whose mining interests in Guatemala align with the political interests of the Guatemalan state," ruled the court.
In June 2014, the seven Guatemalan men accused the company of being responsible for a violent attack in April 2013 when private security opened fire on peaceful protesters outside the controversial Escobal silver mine in southeastern Guatemala. Video footage revealed the demonstrators were shot at close range while fleeing.
The win comes after the Supreme Court in British Columbia refused to hear the case in November 2015, saying that it fell under Guatemalan jurisdiction.
“Today’s landmark ruling shows that Canadian courts are open to victims of abuses linked to Canadian companies operating abroad,” said Matt Eisenbrandt, Legal Director of the Canadian Centre for International Justice. “Despite a lack of regulation by the Canadian government, we hope these recent developments in the courts signal an end to corporate impunity for human rights violations,” Eisenbrandt said.
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Jason Martin Xinca, 2011 Pure pigment on aluminium (cadmium red) 65 x 56 cm
Mining is not an option in Xincan territoriality
Clinging to their own organizational capacity and concept of territory, mining is not an option for the Xincas. With this, they justified the detention of 23 police last April. Now with an arrest order out for their leader, all their efforts are channeled to avoid his detention.
Aferrados a su capacidad de organización y a su propio concepto de “territorio”, la minería no es opción para los xincas. Con él, justifican la detención de los 23 policías en abril pasado. Ahora, con una orden de captura sobre su máximo dirigente, todos sus esfuerzos se encauzan por lo legal para evitar su detención.
Aferrados a su capacidad de organización y a su propio concepto de territorio, la mina no es opción para los xincas. Y no hablan de Minera San Rafael, sino de cualquier actividad minera. Con él, justifican la detención de los 23 policías en abril pasado, una moneda de cambio para negociar el fin de la minería en la zona. Ahora, con una orden de captura sobre su máximo dirigente, todos sus esfuerzos se encauzan por lo legal para evitar su detención.
Fear For The Lives Of Three Xinca Activists, Guatemala
Four Xinca indigenous leaders were kidnapped near Mataquescuintla, Jalapa department in Eastern Guatemala after participating in a public meeting. One was killed; the other three survived the attack. Amnesty International is gravely concerned for their safety: please take a moment to write, tweet, fax or email the Guatemalan authorities to call for their protection and a full investigation of the killing of Encarnacion Marcos.
On 17 March, four Xinca leaders – Encarnación Marcos, Rigoberto Aguilar, Rodolfo López and Roberto González – participated in a public event held in the El Volcancito hamlet, San Rafael Las Flores, where they acted as observers at a community-organised consultation on mining in the area. Following the event, the four men left El Volcancito at 8.30pm. At approximately 9.15pm, as they were approaching Mataquescuintla, their vehicle was stopped by approximately 12 men in two trucks. The heavily armed men, who were wearing balaclavas, forced them into the trucks. Rigoberto Aguílar and Rodolfo López were released at different times during the night; Rigoberto Aguílar had reportedly been beaten.
In the early morning of 18 March, Encarnación Marcos was found dead: his body had been thrown into a ditch and his hands were tied. One of the pickup trucks had been left near the corpse. Initial press reports indicate Encarnación Marcos had been strangled to death.
As Roberto González was still missing, community members took to the streets and blockaded the road to Jalapa throughout the day. At 5.00pm, negotiations between indigenous leaders of Santa María Xalapán, the Catholic Church, and government authorities were held to try to resolve the crisis. Hours later, Roberto González was found alive in Chimaltenango, near Guatemala City, in as yet unclear circumstances.
The four activists are from the community of Santa María Xalapán in Jalapa department, Eastern Guatemala. They hold official roles in the traditional Xinca indigenous authorities and have been campaigning on a range of social issues.
Please write immediately in Spanish or your own language, before 30 April 2013:
* Urging the authorities to take immediate steps to provide all necessary protection to the three Xinca leaders of Santa María Xalapán in accordance with their wishes;
* Calling for an independent, thorough and impartial investigation into the killing of Encarnación Marcos and the kidnapping of Rigoberto Aguilar, Rodolfo López and Roberto González, with the results made public and those responsible brought to justice.
Contact details and sample letter below the cut: