[With small edits and additions, Rights Action presents this report of the Defensoría Q'eqchi', a leading development and indigenous rights organization in El Estor, Izabal. The Defensoria's report is based on the testimony of individuals who witnessed the events described below.]
A FIRST VIOLENT AND ILLEGAL EVICTION
On Saturday, November 11 at 2 o'clock in the morning a group of 60 Mayan-Q'eqchi' families entered Chupon, a property allegedly owned by the Compañia Guatemalteca de Níquel (CGN), the wholly owned subsidiary of the Canadian mining company Skye Resource Inc., which in turn is controlled by the Canadian INCO mining company. The property is located in front of the CGN community relations office.
On the same day, at approximately 3 o'clock in the morning, the National Civilian Police (PNC) entered the property in order to evict the occupiers.
Two people were injured in the eviction: Oscar Chub Tiul y Santiago Ical. Both were taken to the local health centre for treatment.
Later that morning, the Secretary of Agrarian Affairs arrived to meet with the occupying group and to gather information about the land dispute taking place in the municipality. The meeting between the leaders took place in the substation of the PNC. We still do not have a report about the agreements and compromises reached.
On Sunday, November 12 at 9 o'clock in the morning, Rafael Andrade Escobar, a district attorney from the municipality of La Tinta, Alta Verapaz, arrived at the site with the intent to evict those occupying the property allegedly owned by the mining company CGN.
The attorney was asked to produce a duly signed court order for the eviction. He failed to do so, arguing that an order was not necessary because the individuals occupying the land were 'flagrantly' committing a crime. In the course of carrying out the eviction, he was asked what day it was that the court order stated for the eviction which seems to clearly be illegal.
The impunity and abuse of authority of the district attorney was apparent in the eviction, which violated guarantees of due process of those facing eviction. The Defensoría Q'eqchi' intervened to prevent authorities, especially the PNC, from committing abuses against members of the families.
Negotiating with the group, the Defensoría Q'eqchi' was able to convince the families to voluntarily abandon the property.
Sometime later, the families reorganized themselves and began to protest, declaring that they were not in agreement with how the eviction was carried out arguing that the authorities were in violation of the law. This led to a confrontation between members of the PNC and those occupying the site.
Another group that had earlier occupied lands joined those that were being evicted. As a result of the ensuing confrontation, two individuals were detained by the PNC: Martín Che y Gilberto Hun Pop. They are currently imprisoned in the Río Dulce substation of the PNC. Two members of the PNC were wounded in the altercation.
In addition, two other people, José Chocooj Pan y Carlos Caal Tiul, disappeared during the altercation - their whereabouts were unknown. On the afternoon of Monday, November 13, José Chocooj Pan was found unconscious and severely beaten on the side of the road in an area owned by the mining company CGN.
A SECOND VIOLENT AND ILLEGAL EVICTION
Later in the day, at seven o'clock in the evening, elements of the PNC headed to the place known as barrio Revolución in the community of Chichipate, where they proceeded to evict 200 families that had been occupying these lands since September. The PNC committed a number of abuses against the individuals occupying the site, illegally entering the barrio, with no warning, at a time of day outside of that permitted by law, and without a court order.
This eviction, like those carried out earlier, is riddled with inconsistencies and illegalities. The confrontation resulted in injuries.
One of the injured was a pregnant woman who was taken to the health centre for an examination after she was overcome by tear gas fired by elements of the PNC. Shots were fired from distinct types of guns during the confrontation, and officers of the PNC robbed community members of money and other goods.
In reaction to the abuses of the PNC and the district attorney, the population organized itself in protest. During the night of Sunday, November 12, the group took action against the Skye Resources mining company [CGN], burning part of the buildings that house the company's community relations office.