Environmental Human Rights: News & Updates

We wrote to the human rights ombudsman of El Salvador and a regional justice of the peace to express our concerns over the criminalization of five water defenders in Cabañas Department and call for their immediate release from pre-trial detention.

Arrested on January 11, by order of the attorney general, were: Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Teodoro Antonio Pacheco (director of ADES, Association for Social-Economic Development of El Salvador), and Saúl Agustín Rivas Ortega (legal advisor for ADES).

The arrests appear to be politically motivated. For months, the government has led a state offensive against civil society organizations, which, in the case of ADES, could be related to the current administration’s reported intentions to resume mining exploitation projects. These individuals are active in the National Roundtable on Metallic Mining and were among the leaders of the successful campaign that convinced the Salvadoran legislature to unanimously pass a ban on open-pit mining of metals in 2017 to save the nation's rivers. Now, under enormous pressure to find new sources of revenue, the government is reportedly considering overturning the historic ban on metallic mining.

We wrote to authorities in Guatemala to protest the forced displacement of the Maya Q’eqchi’ community of Chapín Abajo in El Estor, Izabal Department, carried out by agents of the National Civilian Police (PNC) and paramilitary forces.

On December 6, Guatemalan security forces arrived to carry out an eviction on behalf of the palm oil company NaturAceites, a member of the international Roundtable on Sustainable Palm Oil. Together with paramilitary forces, they raided homes of families, stealing their food and personal belongings. They fired tear gas on the residents. An investigative delegation arrived later and confirmed that several people were injured. A 17-year-old was seriously wounded and hospitalized in critical condition. At least one other young man was missing. Two other men suffered gunshot wounds. Several women were beaten and sustained injuries to their faces and bodies.

During the past several months, several Q'eqchi' communities have been evicted in the region of Alta Verapaz, Izabal and Petén.

We wrote to authorities in Guatemala urging protection for Luis Adolfo Ich Choc, an elected representative of the Ancestral Council of the Q'eqchi' People of El Estor, Izabal Department. In recent months, Luis Adolfo Ich Choc has been the victim of robbery (September 16) and a beating that left him with a fractured shoulder (October 19). He is being targeted because of his active role in the organized resistance to the El Fénix nickel mine.

The nickel mining operation has been a source of contention and violence for many years in El Estor, a community where 90% of the inhabitants are indigenous Maya Q’eqchi’. The Swiss-Russian consortium Solway Investment Group purchased the mine from HudBay Minerals in 2011; the mine is operated by its subsidiary, the Guatemalan Nickel Company (CGN). For the past 15 years, impacted residents have reiterated that the Ministry of Energy and Mines (MEM) did not obtain their free, prior, and informed consent as required by national and international law (ILO Convention 169, the Indigenous and Tribal Peoples Convention of 1989). In its ruling in 2019, the Constitutional Court of Guatemala ratified the right to consultation and resolved that the mining company had to suspend its mining activity.  The company later carried out a “consultation” but excluded many key actors, including the fishing communities and the local indigenous authorities. The mining operations continue in defiance of the spirit of the court ruling.

October 26, Indigenous Tolupán tribal leader Reinaldo Baharona Reyes he was given a national award for his environmental defense, named the Carlos Escaleras National Prize.  Despite the national honor, Reinaldo Baharona Reyes still faces threats of criminalization and imprisonment. 

Reinaldo Baharona Reyes is president of the Las Vegas tribe of Tepemechín in Victoria, Yoro Department. The tribe’s territory has been threatened by landowners linked to cattle ranching, loggers, and miners, who have decades-long legacy of controlling mayors' offices and using them as organized crime structures to dispossess the Tolupán. When bribes and tribal division do not work, tribal council leaders have been assassinated. Indigenous people have been dehumanized as just another species by those who covet land.

Reinaldo Baharona Reyes went to court in Victoria on November 4 to address the criminal complaints against him. His attorney says that he is at risk and needs the special attention of the authorities to guarantee his safety to do his human rights work.

Members of the Coordinator of Popular Organizations (COPA) and the Broad Movement for Dignity and Justice (MADJ) announced in a press conference that agribusiness corporations like Dinant have a plan to assassinate the peasant leadership in El Aguán who are fighting to secure access to their ancestral lands. Sources say the agribusiness companies have carried out surveillance to monitor the movements of the leadership and have devised a plot to murder the leadership of the Agrarian Platform—and then blame it on common street-crime violence. The names of the threatened leaders are: Jaime Cabrera, Jony Rivas, Héctor Murillo, José Cruz, Santos Pérez, Alexander Garcia, José Garcia, William Sorto and Esly Banegas.

We are urging that authorities in Honduras: (1) safeguard the life and personal integrity of the campesino leadership in El Aguán Valley, in strict accordance with their wishes, (2) initiate an investigation against businessman Miguel Mauricio de la Soledad Facussé Saenz, leader of Corporación Dinant, who has been accused of implementing the plan to assassinate the peasant leadership.

Despite a court order to stop expansion of its open-pit gold mining operations in La Unión, Miami-based Aura Minerals continues the destruction of an Indigenous Maya Chortí community in Copán Department in western Honduras. At the heart of the matter for local residents is the contamination of vital water sources and the destruction of their 200-year-old Azacualpa community cemetery. As we described in previous letters (cf December 2, 2021; January 25, April 11, July 21, 2022) army and police were deployed to ensure the exhumations of graves, to facilitate expansion of the San Andrés gold mine, which is owned by US- and Canada-based Aura Minerals and operated by its Honduran subsidiary MINOSA (Minerales de Occidente SA). On March 30, 2022, the government of Honduras ordered MINOSA to stop its operations, but the destruction has continued. In early November, the Supreme Court of Justice in Tegucigalpa admitted a writ of habeas corpus filed by lawyers on behalf of community residents, demanding from the Ministry of Health and the mining company to disclose the location of the illegally exhumed bodies.

We wrote to authorities in Honduras, urging them to: (1) guarantee that the appointed executing judges effectively locate the exhumed corpses of the Azacualpa cemetery, (2) support and adopt all decisions necessary to return those corpses to the cemetery in La Unión, Copán, and (3) order an immediate retreat of the mining company MINOSA and all its affiliates, including armed forces, from the cemetery hill and the local community and revoke any outstanding mining approvals for the company