James Anaya, Special Rapporteur of the United Nations Organization [1] , visit to Guatemala from 14 to 18 June, visited several regions of the country affected by mining, which accompanies ACOGUATE defenders committed human rights-as in the defense of natural resources and territory. His mission was to assess the situation of indigenous peoples, especially about land rights and consulting [2] , and the criminalization of the struggles and demands of communities, with particular attention to the case of the Marlin mine in the municipalities Sipakapa [3] and of San Miguel community, in the department of San Marcos. ACOGUATE accompanies since 2007 to organizations that defend the territory and denounce the negative impacts of mining in that area.
Rapporteur's visit in the country was requested by various organizations and communities who denounce human rights violations and the rights of indigenous peoples related to the use of natural resources (mining, construction of dams and other infrastructure, etc..), and the implementation of these projects without prior consultation with the affected populations. The culture and traditions of indigenous peoples marked the various visits that required an immense amount of movement by people and organizations. Participation was an important element of the visit, and that about 30,000 people in the worst affected areas of the country welcomed the Special Rapporteur participated in the activities and attended the speeches and testimonies.
Testimonials by people affected
Prior to her visits within the country, James Anaya held meetings in Guatemala City with representatives of state institutions [4 ] . Then, the UN independent expert visited several regions marked by high levels of social unrest related to mining: San Juan Sacatepéquez [5] (Department of Guatemala), San Miguel community (San Marcos) and Huehuetenango. Representatives by indigenous peoples' struggles to defend the territory, often referring to the Mayan worldview, and respect for Mother Earth and the ancestors. Reported in their speeches, the "neo-colonialism of transnational " and "mega-projects plunder their natural resources " [6] . They also insisted that their rights were being violated, such as the right to free, prior and informed about such projects in their territories, " may affect them directly " [7] . During his visit, the Special Rapporteur received direct testimony on the impacts of mining on health and social and environmental health: disease, pollution of rivers and arable land, damage or destruction of houses, land dispossession and forced removals , attacks, threats, harassment and even murder and rape and sexually abuse women, against those leaders and other community-as-as indigenous peasants to defend their rights. In San Miguel community, the affected population Anaya asked the UN to advocate for closing the Marlin mine. In addition, some evidence [8] focused on the strategies of deception Montana company, a subsidiary of the Canadian company Goldcorp Inc., as well as tissue destruction and peace community social-up in the same families, who come to build these mega projects.
Special Rapporteur's concerns about the situation of indigenous peoples and recommendations to the government
concluding his five-day mission in Guatemala, James Anaya said during a press conference in the capital and in its report of preliminary observations [9] his great concern about the situation of indigenous peoples " regarding activities the companies "even mining. He denounced "the climate high social instability and conflict in relation to the activities of companies in the traditional territories of indigenous peoples of Guatemala ." As for the persecution and criminalization of defenders and human rights, said: " the information that [has] received on the various judicial proceedings are open [and the speed with which these processes have taken place] against members of indigenous communities through acts of social protest against the activities of the companies are worrying " . Likewise, he stressed that " the apparent lack of response to the demands made by communities regarding acts violating their rights " could be interpreted as " a pattern of discrimination in access to justice ".
Recommendations to the State of Guatemala
In the legislative framework, James Anaya recommended the Guatemalan government for urgent progress towards the discussion and approval of the Measure of consultations, and " that is consistent with the minimum standards set by international standards and with the full participation of the peoples concerned ". Likewise insisted on the urgency of adopting a new mining law that will "fully integrate duties to the State under the protection of indigenous rights " [10] .
Moreover, recommended as an interim measure " the creation of institutionalized spaces for dialogue in which indigenous people can receive full and objective information on all aspects of the project that affect them and to clarify and communicate the state and the company its concerns ". As explained during his meetings with the population, he said to take seriously and be aware of the situation and expressed the wish to act within the limits of their role, for that is better. About the Marlin mine, said "the government of Guatemala [was] to fulfill its international obligations and abide by the resolutions the Commission. " These
preliminary observations will be developed in a final report submitted to the Human Rights Council United Nations and will include a series of recommendations to the State of Guatemala and other stakeholders.
" Before an extractive project that only bring negative impacts to affect the land they have always lived, leading to conflicts in my community, and that would not lead to any improvement in my condition of life, I would say no to mining "says UN Special Rapporteur in his report of preliminary observations [11] .
In recent months there has been a series of community consultations in the departments of Alta Verapaz, Quetzaltenango and Quiché. September 28 Lanquín municipality, Alta Verapaz, conducted a community consultation on hydropower projects, with the result of 14,065 votes against and 15 for [12] . October 20 held a consultation on mining in the municipality of Cabricán, Quetzaltenango, resulting in 13 610 people against, 73 in favor and 130 invalid votes; worth noting that unlike most of the consultations that have been done by show of hands, the process in the municipality of Cabricán used a voting system ballots [13] . Then, on Oct. 22 involving 27,776 people in the municipality of Santa Cruz del Quiche in a query that gave a unanimous result against mining [14] . A week later, on 29 October, held a consultation on the issues of mining and hydroelectric dams in the town Uspantan also Quiché department, with a preliminary result of over 27 000 votes against megaprojects [15] .
[1] American Indian origin, is the second Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous . N ombrado was in March 2008 by the Human Rights Council of the UN and hold that position for an initial period three years. Visit the website of the Special Rapporteur : http://www2.ohchr.org/spanish/issues/indigenous/rapporteur/index.htm and page of the Office of the High Commissioner for Human Rights (OHCHR) in Guatemala: http://www.ohchr.org/SP/Countries/LACRegion/Pages/GTIndex.aspx .
[2] right to consultation of indigenous peoples, Article 6.1 Convention 169 of the International Labour Organization (ILO), ratified by Guatemala in 1996. See the ILO website: http://www.ilo.org/public/spanish/region/ampro/lima/publ/conv-169/convenio.shtml .
[3] In Sipakapa neighboring town of Marlin was held on June 18 passed the fifth anniversary of community consultation in good faith in which 45,738 people were against mining in their territory.
[4] Ministry of Environment and Natural Resources (MARN), Ministry of Energy and Mines (MEM), Human Rights Ombudsman (PDH) and Presidential Commission for Coordinating Executive Policy on Human Rights (COPREDEH). In one such meeting, Sergio Morales (PDH) reminded him of the case against President Alvaro Colom for not having complied with the measures which the Commission on Human Rights (IACHR) had announced two weeks earlier. These measures aim to protect populations affected by the Marlin mine, demanding the suspension of its activities. See "Measures MC 260-07" in the website of the Commission: http://www.cidh.org/medidas/2010.sp.htm .
[5] municipalities affected by the cement company Cementos Progreso. Twelve communities were delivered in 2007 against this project through community consultation.
[6] Speeches on June 17, 2010, in the ruins of Zaculeu, Huehuetenango.
[7] See note 2.
[8] Video filmed in San Miguel with testimony on the subject in an article published on the website of the Pastoral Commission Peace and Ecology of the Diocese of San Marcos (COPAE):
[9] The press release and the preliminary report are available at the following Internet pages: http://www.oacnudh.org.gt/actualizacion2010/UPLOAD/ComunicadoPrensaRelatorAnaya (18jun10). pdf
and http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10173&LangID=S
[10] See footnote 9.
[11] See footnote 9.
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