Document - Guatemala: Fear for safety of evicted communities
UA: 256/09 Index: AMR 34/011/09 Guatemala Date: 25 September 2009
URGENT ACTION
Fear for safety of evicted communities
Two indigenous rural communities have been forcibly evicted from their homes in Panzós municipality, Guatemala. Their homes were burnt down by the police and many of their belongings destroyed. The authorities have not provided alternative shelter for the communities.
Around 80 members of the Indigenous Mayan Q’eqchi neighbouring communities of Bella Flor and 8 de Agosto, in a rural area of the municipality of Panzós, Department of Alta Verapaz, were forcibly evicted on 2 September. Some of the Bella Flor community have taken refuge in vacant houses in a nearby community. The 8 de Agosto community were evicted and lived in the open without shelter by the side of a road for nearly three weeks, when they reoccupied the land they had been evicted from.
On 2 September the police, supported by army personnel, evicted the 27 families of Bella Flor. Members of the community reported that police officers gave them 15 minutes to gather what they could and leave their homes. The police officers then burnt down the houses of the Bella Flor community. Along with the loss of many household possessions the community has also claimed that their crops were destroyed. The police also evicted the 11 families of the neighbouring community, 8 de Agosto. The community has stated that police gave them 20 minutes to pack their possessions before being evicted. The police proceeded to destroy their homes (some knocked down using machetes, others burnt) and then burnt the remaining possessions. Members of the community have alleged that three police officers attempted to rape a 15 year old girl. The community were moved to the side of a road by the police and remained there until 21 September when they returned to the site they were evicted from.
Both communities had been living in the area since 2007. There have been previous efforts to resolve the issue of ownership of the land which have been unsuccessful. The land on which the 8 de Agosto community had built their homes is allegedly owned by the State. The land from which the Bella Flor community was evicted is allegedly owned by a private owner. The Bella Flor community has been requesting that the authorities give them permission to return to the land so that they can harvest their crops. Members of the 8 de Agosto community are at risk of being forcibly evicted for a second time now they have returned.
PLEASE WRITE IMMEDIATELY in Spanish or your own language:
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urging the authorities to allow the Bella Flor community access to the land from where they were evicted so that they can harvest their crops and collect their foodstuffs; in addition, to provide the evicted families of Bella Flor with suitable and safe shelter until such time as their dispute with the alleged owners of the land is resolved and to ensure the relevant authorities investigate the reported abuses and destruction of property on 2 September;
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urging the authorities to ensure the 8 de Agosto community are afforded all the protection of due process including providing the community with effective legal representation, and that forced eviction is used only as a last resort. If a forced eviction is carried out, that it comply with international human rights standards, including the provision of suitable alternative shelter for the evicted community.
PLEASE SEND APPEALS BEFORE 06 November 2009 TO:
Secretary of Agrarian Affairs
Secretario de Asuntos Agrarios
Juan Alfonso de León García
5ta. Avenida 8-50
Zona 9
Ciudad de Guatemala, Guatemala
Fax: +502 2239 4400 (there will be an automated message, alter which, dial 1000 for fax tone.)
Salutation: /Estimado Sr Secretario
Minister of Agriculture
Ministro de Agricultura
Mario Roberto Aldana Perez
7ª. Avenida
12-90 z.13
Edificio Monja Blanc
Segundo Nivel
Ciudad de Guatemala, Guatemala
Fax: + 502 2413 7007 (ask for fax tone – “Me puede dar tono por favour)
Email: Mario.aldana@maga.gob.gt Salutation: Dear Minister/Estimado Sr Ministro
And copies to:
Comité de Unidad Campesina
31 Av “A”, Ciudad Plata II
Zona 7, Ciudad de Guatemala, Guatemala
Fax: +50224349500 (ask for fax tone – “Me puede dar tono por favour)
Also send copies to diplomatic representatives accredited to your country. Please check with your section office if sending appeals after the above date.
URGENT ACTION
Fear for safety of evicted communities
ADditional Information
According to the community, previous efforts to resolve the issue of ownership of the land have been unsuccessful, due to the alleged landowners failing to attend negotiations. Neither the lawyers supporting the community nor Amnesty International have yet been able to examine the claims of ownership of either alleged owner. Guatemala is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) which it ratified in 1988. The UN Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts charged with the responsibility of monitoring states’ compliance with their obligations under the ICESCR. The CESCR has established a series of obligations prior to, during and after a forced eviction occurs. These include providing an opportunity for genuine consultation with those affected, and the provision of legal aid to persons who need such aid. In addition, the CESCR has established that State parties are obliged to ensure that "evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights”.
The Ministry of the Interior reported that there were 22 forced evictions in rural areas during 2008. Successive governments have failed to implement measures to ensure impartiality in the justice system when dealing with land disputes or to provide adequate shelter for evicted communities. As a result rural and Indigenous communities continued to be displaced and denied access to justice.
UA: 255/09 Index: AMR 37/006/2009 Issue Date: 25 September 2009
