Photo Essay: Visiting mining resistance, community defense struggles

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January 6, 2023

Community Defense Struggles in Resistance to Mining in Guatemala
TESTIMONIO Delegation, November 2022

In November of last year we ran our first human rights delegation since the pandemic. The theme was mining resistance struggles discussed in recently published book Testimonio: Canadian Mining in the Aftermath of Genocide ([link removed]) s in Guatemala ([link removed]) by Catherine Nolin and Grahame Russell. We were excited to have Catherine join the trip as co-leader as well.

Below, a photo essay sharing aspects of our 8-day, human rights road trip.
PDF VERSION ([link removed])
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** Human Rights Delegation
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** Guatemala, November 2022

TESTIMONIO: Canadian Mining in the Aftermath of Genocides in Guatemala
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For 27 years Rights Action has run educational, fact finding and human rights delegations as part of our north-south education and activism work. Many of these previous trips had direct visits with the mining resistance, community defense struggles documented in Testimonio: Canadian Mining in the Aftermath of Genocides in Guatemala.

In October 2021, Between The Lines published Testimonio, which was edited and co-written by Professor Catherine Nolin (UNBC) and Grahame Russell (Rights Action).

As Rights Action’s first delegation since the pandemic brought travel and this type of international solidarity work to a halt, having an overarching Testimonio theme seemed fitting. Co-editor Catherine Nolin joined Grahame Russell in leading the trip.

As Between The Lines wrote, the book exposes:

“the ruthless state machinery that benefits the Canadian mining industry—a staggeringly profitable juggernaut of exploitation, sanctioned and supported every step of the way by the Canadian government.”

The book was earlier dropped by publisher Springer Nature under highly questionable circumstances ([link removed]) , before - after two professional review processes - being published by Between the Lines. For more information on the book, visit the website testimoniothebook.org ([link removed]) .

The trip began in Guatemala City with presentations by Guatemalan human rights activists, lawyers and researchers, to gain a political-economic-human rights overview of the country, its history and current events.

Photo: Catherine Nolin

Hotel Spring was our home base in Guatemala City for the first two days, before heading out on a 5-day road trip. From there, each of our speakers spoke directly of the corruption and impunity that characterize the government of Guatemala and its legal system … within which the Canadian-led, global mining industry operates.


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FAFG, the Guatemalan Foundation of Forensic Anthropology
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As part of the overview, we had a very moving visit to the offices of the FAFG that, since 1991, is leading efforts, together with the affected communities, to locate and exhume (dig up) mass graves wherein lie the remains of hundreds of thousands of mainly Mayan people (children and elderly, women and men) who were slaughtered in the late 1970s, 80s and early 1990s by a series of U.S.-backed military regimes.

As referenced in the title of Testimonio, the genocides and massacres of the late 1970s and 1980s set the stage, so to speak, for the wave of Canadian-led mining companies that poured into Guatemala in the 1990s and early 2000s to scoop up hundreds of ill-gotten mining licenses.

The FAFG is also leading efforts, together with surviving family members, to locate, identify and seek justice for some of the estimated 45,000 Guatemalans who were “disappeared” by the military regimes.

Photo: Grahame Russell

Erica Henderson, a former student of Professor Nolin at UNBC, has worked with the FAFG for the past eight years. She explained how forensic evidence - recovered and analyzed by the FAFG - has been used by prosecutors in most of the most well known ‘crimes against humanity’ and ‘war crimes’ trials that have made their way, or are still making their way through Guatemala’s quite corrupted legal system.

Photo: Grahame Russell

This mural in a corner of the FAFG offices is where family members of the victims - whose remains are being examined by the FAFG team - often gather to carry out Mayan ceremonies and Christian prayer services.

Photo: Steven Schnoor

One aisle in an FAFG storage center housing the examined remains of victims of the U.S.-backed atrocities.

Photos: Steven Schnoor

Left, inside the FAFG lab where they examine remains. Right, small coffins that will be used to transport the examined remains back to community and surviving family members, upon completion of the FAFG examination and documentation process.


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FAMDEGUA (Family Members of the Disappeared in Guatemala)
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Photo: Steven Schnoor

In the Hotel Spring, Alejandra Cabrera spoke with our group. She is a member of FAMDEGUA, daughter of two victims of the U.S. backed repression in the 1980s, and a witness-victim participating in the Military Diary case.

Photo: Grahame Russell

Alejandra’s father is #76, kidnapped, disappeared and presumably executed by the U.S. backed Guatemalan military.

Alejandra spoke about the Military Diary case, and most particularly about the relentless campaign of persecution since 2017 by the U.S. and Canadian-backed government of Guatemala against judges, prosecutors and lawyers working in defense of human rights - an on-going campaign that is effectively delaying or stopping most of the ‘crimes against humanity’ and ‘war crimes’ trials - including the Military Diary case.


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Observatorio de Industrias Extractivas (Extractive Industry Observer)
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Photo: Steven Schnoor

Guadalupe Garcia, of the OIE, gave an overview of the continuing expansion of mining licenses being handed out across the country by the Guatemalan government.
This OIE map gives visual representation about the amount of mining licenses in process or already granted, covering vast swaths of land. Yellow: Mining license applications / Pink: Mining licenses granted.

Our road trip took us to “Progreso VII Derivada / La Puya”, “Mina Fenix”, “Cerro Blanco” (near El Salvador border), and “El Escobal / Minera San Rafael”.



** Lawyer Rafael Maldonado
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Photo: Camila Rich
In the Hotel Spring, Rafael Maldonado spoke about how difficult - and dangerous - it was to work as a human rights lawyer in a legal system that, more often than not, is used as a tool of repression by the mining industry and its government backers.

For years, Rafael has worked in defense of community defenders ‘criminalized’ on trumped up charges, often jailed arbitrarily in violent conditions, as a result of peacefully defending their land rights and human rights, besieged by the mining industry.

He spoke of legal challenges all the way to the Constitutional Court, which found that mining companies were illegally operating their mines in the cases of La Puya, the Fenix mine and the San Rafael mine.


** A “Magic School Bus” Trip of Sorts
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After two days of meetings in Guatemala City, we embarked on a five day road trip in a rent-a-van with trusted friend and long-time driver Juan Martin to four major mining resistance struggles, three of which are addressed in Testimonio.


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La Puya Campesino and Indigenous Resistance Against the American KCA Mine (formerly Radius Gold)
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The first mining resistance struggle visited was La Puya. Since 2012, first Radius Gold, a Canadian company, and now KCA, an American company, have attempted to operate an illegal mine in the municipalities of San Jose del Golfo and San Pedro Ayampuc, just outside of Guatemala City.

Since the exploration phase, the communities have adamantly opposed this mine and, since March 2012 have peacefully resisted its operation in a 24/7 live-in blockade at the entrance to the mine. They have experienced threats and harassment, physical attacks and attempted murders, and the complete militarization of the area.

In 2016, the Guatemalan Supreme Court of Justice suspended the mine due to a lack of prior consultation with the communities. While this suspension remains in effect, KCA has been pushing tirelessly for a redo of the “consultation” process in a way that results in favor of their mining operation. Separately, KCA filed a “damages claim” with the World Bank against the Guatemalan Government, claiming $400 million in “lost potential earnings”.

These photos are taken at La Puya with resistance members Alvaro Sandoval and Felisa Muralles.

Photos: Alex Pedersen

Left, “Mining is destruction and death” (Peaceful resistance la Puya). Right, Felisa Muralles.

Photo: Steven Schnoor

Alvaro Sandoval sitting at the entrance to the mine. This cross and monument were built by the community, and it is where they hold their services and ceremonies.

Photos: Brian Gorlick (L) and Camila Rich (R)

For more information about the La Puya community resistance struggle:
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** Maya Q’eqchi’ resistance to the Fenix Mine (owned by Swiss-based Solway Investment Group, formerly by Canadian companies INCO, Skye Resources, Hudbay Minerals)
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The second community defense struggle was in the Maya Q’eqchi’ territories of El Estor, where destructive, violent mining practices date back to the mid-1960s.

First, the Canadian mining giant INCO took control of a huge swath of Mayan Q’eqchi’ lands soon after the U.S.-orchestrated coup of 1954 brought to power a military-backed ‘open-for-global-business’ regime. In 2004, INCO flipped the operation to its spin-off company Skye Resources, which sold it to Hudbay Minerals in 2008, which sold it to Solway Investment Group in 2011.

Repeatedly over the decades, communities have suffered forced evictions and destruction of home and property; killings, rapes, shootings; criminalizations and jailings of community defenders; government ordered militarizations; health and environmental harms.

During our visit, we met with three groups of Q’eqchi’ people working in defense of human rights and justice, land, water, and communities.

First, 13 Q’eqchi’ plaintiffs involved in the on-going, precedent-setting lawsuits in Canada, seeking justice for some of the repression linked to Hudbay Minerals and Skye Resources.

Second, the “Gremial” (Union of Fisherpeople and Campesinos) organizing and
working since 2017 to document and denounce the on-going mining harms and
violence.

Third, the Consejo Ancestral de Pueblos Q’eqchi’s, organizing and working since 2020 to document and denounce the on-going mining harms and violence.

Here, a panoramic view of the “Fenix” mineral processing plant, first built by INCO in the 1970s.

Photo: Camila Rich

Our first stop was to the home of Angelia Choc where we met with her and the 12 other plaintiffs in the ongoing landmark Hudbay Minerals Lawsuits.

Photos: Alex Pedersen (L) and Camila Rich (R)

Left, Catherine and Rosa Elvira catching up. Right, Irma Yolanda speaking to the group.

Photos: Camila Rich (L) and Alex Pedersen (R)

Left, German and Angelica. Right, Michael talking with Cristobal, Olga and Julio, members of the Gremial de Pescadores.
Photo: Catherine Nolin

We finished our visit with a group lunch and conversation right on the edge of Lake Izabal.

For more information about the Maya Qeqchi’ human rights and land defense struggle:
[link removed] ([link removed])

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Campesino community resistance to Canada’s Bluestone Resources

The third mining resistance struggle visited is in the community of Asuncion Mita, south of Guatemala City near the El Salvador border. Here, Bluestone Resources, a Canadian company, with its local subsidiary Elevar Resources is attempting to operate the “Cerro Blanco” mine.

This struggle follows the typical pattern of repression and human rights violations against the surrounding communities and environment, fraudulent and punitive practices, and no regard for the demands and objections of the people.

Furthermore, this potential open-pit, cyanide-leaching mining operation will put at risk of health and environmental harms not only communities in Asuncion Mita, but many more across the border and down river in El Salvador.

The rights to the Cerro Blanco project were first granted in 2007 to EntreMares, a subsidiary of Goldcorp (then a Canadian company, Goldcorp recently merged with U.S.-based Newmont Gold) via a very questionable license granting process, if not replete with illegalities. Since then, the Cerro Blanco mine has been met with nothing but objections from the large majority of the surrounding populations.

In September 2022, the people of Asunción Mita held a legally-binding municipal consultation to vote on the existence and operation of the mine. In attempts to thwart the voting process the company allegedly bribed transportation companies not to drive voters to the consultation voting booths. The company allegedly paid some community members Q300 per person to vote in favor of their mining interests.

And yet, the results still came in overwhelmingly against the mine, 87% voting NO to the operation.

In response, the Ministry of Energy and Mines released a communique – basically copying a statement put out by Bluestone Resources/Elevar Resources – stating that the municipal consultation process was not valid, showing once again that the government will side with and support the foreign extractivists and repress the rights of the community.

Photo: Steven Schnoor

Here, Julio of the Madre Selva organization, and Octavio, an Asuncion Mita community member, speaking to the group.
Photo: Camila Rich
For more information about the Asuncion Mita community defense struggle:
[link removed]


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Xinka and campesino resistance to Canada’s Pan American Silver’s Escobal mine (formerly Tahoe Resources)
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The fourth mining resistance struggle was in the municipality of San Rafael Las Flores, south of Guatemala City.

This project was originally licensed to Goldcorp Inc.’s subsidiary Entre Mares in 2007. In 2010 it was bought by Goldcorp spin-off company Tahoe Resources, and run by Goldcorp’s former CEO. After years of legal community consultations being shut down or rejected by the Guatemalan government, in late 2012 the community of Mataquescuintla voted 98.4% against the mine.

In 2013, after facilitating a consultation, the president of the Xinka Parliament, Roberto González Ucelo, and Xinka leaders Rodolfo López Girón, Rigoberto Aguilar and Exaltación Marcos Ucelo were kidnapped. The next day, the body of Exaltación Marcos Ucelo was found.

As the communities continued to resist, military ‘states of siege’ were ordered by the Guatemalan regime, sending thousands of police and soldiers to harass and repress the communities, raiding the homes of leaders and activists, arresting people on trumped-up charges. Peaceful protesters were attacked and openly fired at.

In 2019, Vancouver-based Pan American Silver bought Tahoe Resources, with all of the baggage of violence and harms caused since 2012 in and around the Escobal mine. Meanwhile in Canada, a second precedent setting lawsuit was filed against Tahoe Resources, and took place from 2014-2019. It ended in a settlement, with Pan American Silver paying an undisclosed amount of compensation to some of the victims of Tahoe Resource-linked repression and violence.

Today, the Xinka Parliament leads efforts to oblige the company and Guatemalan government to engage in a fully transparent consultation process. Even as planning for the possible consultation process continues, so does persecution against people and groups peacefully resisting Pan American Silver’s mining plans.

Photo: Catherine Nolin

Below, Pan American Silver’s processing plant, along the main road through San Rafael las Flores. Above, Sheny, of the CODIDENA organization, talks to the group about the plant and its destructive presence as we stand on the road next to the mine.
Photo: Anika Rice
Photo: Nano Valverde
We then visited two community resistance road checkpoints. These checkpoints are run and manned 24/7 on a volunteer basis and are a way for the community to monitor mine materials going in and out, and overall mine activity.

Above, community members running the resistance checkpoint in the town center of Mataquescuintla. Below, the resistance checkpoint in the town of Casillas.

Photos: Camila Rich
For more information about Pan American Silver’s “Escobal” mine:
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** Wrapping up in Antigua
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Our road trip ended in the touristy colonial town of Antigua, where we found time to decompress, play music and reflect on the week-long road trip.

Photos: Kate Swanson (L) and Alex Pedersen (R)
November 2022 Testimonio human rights delegation to Guatemala. L-R: Steven Schnoor, Brian Gorlick, Kate Swanson, Catherine Nolin, Michael Bakal, Anika Rice, Grahame Russell, Alexandra Pedersen, Camila Rich. Missing: Nano Valverde.


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Looking forward
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There are no easy solutions to the harms and violence that global mining companies are causing in a country like Guatemala, often operating corruptly, with close to complete impunity.

The problem is not that of one or two bad or questionable companies. These are systemic problems occurring repeatedly and predictably in a profoundly unjust and unequal nation state system and global economic system.

"Our privileges are located on the same map as their suffering, and may - in ways that we prefer not to imagine - be linked to their suffering. As the wealth of some may imply the destitution of others."
Susan Sontag
Rights Action will continue to support these (and other) courageous land, environmental and human rights defense struggles in Guatemala and Honduras, doing this work together with partner groups in both countries.

Together with partner groups in Canada and the U.S. we will continue to ‘bring these stories home’, to publicize and denounce the harms and violence being caused by our companies, banks and investment firms in many sectors of the global economy (not just mining), and to fight for full and proper accountability and justice in our legal and political systems.

"There are no magic answers, no miraculous methods to overcome the problems we face, just the familiar ones: search for understanding, education, organization, action ... and the kind of commitment that will persist despite the temptations of disillusionment, despite many failures and only limited successes, inspired by the hope of a brighter future."
Noam Chomsky
More information
Testimonio: Canadian Mining in the Aftermath of Genocides in Guatemala
Between the Lines, 2021
* Order books: [link removed]
* Bulk purchases: [email protected]
* Available in U.S.: [link removed]
* More info: www.testimoniothebook.org
* Catherine Nolin: [email protected]
* Grahame Russell: [email protected]

This photo essay was put together by Grahame Russell and Camila Rich of Rights Action, with photos taken by members of the delegation.

Rights Action

December 2022 Newsletter
28 Years, Supporting One Community Defense, Human Rights, Justice Struggle at a Time
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Your Funds At Work
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To support land and environmental defenders, and human rights and justice struggles in Honduras and Guatemala, make check to "Rights Action" and mail to:
* U.S.: Box 50887, Washington DC, 20091-0887
* Canada: Box 82552 RPO Corktown, Toronto ON, M5A-1T8

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