Archive for October, 2012

The Commission of Truth releases its report, “The Voice of Greatest Authority is that of the Victims”

October 22, 2012

From October 3-5, 2012, the Commission of Truth presented its report, “The Voice of Greatest Authority is that of the Victims,” about human rights violations in Honduras during and following the June 28, 2009 coup d’état. PROAH accompanied the Commissioners when they presented the report in Tegucigalpa, San Pedro Sula, and Tocoa.

The Commission of Truth was created in June 2010 with the objective of “clarifying the facts of the June 28, 2009 coup d’état to demand justice for the Honduran population affected by the coup d’état and to recommend the adoption of measures necessary to avoid the repetition of this type of event in the future.”i The Commission was created by human rights organizations as an alternative to the Honduran government’s Truth and Reconciliation Commission (CVR). According to Bertha Oliva, Coordinator of the Committee of Families of the Detained and Disappeared of Honduras, the CVR report, which was released in July 2011, “makes the victims invisible and gives a layer of protection to the assassins.” Restoring dignity to the victims was an important part of the mandate and focus of the alternative Commission of Truth.

The Commission of Truth is made up of well-known national and international human rights defenders. Six of the commissioners presented the report, including the President of the Commission, Sr. Elsie Monge, who also presided over the Truth Commission in her country of Ecuador. The two Honduran members of the Commission, writer Helen Umaña and Fr. Fausto Milla, known for his many years of work defending human rights in Honduras, were also present. Nobel Prize winner Adolfo Pérez Esquivel sent a representative on his behalf, Beverly Keene of Jubilee South. Two Commissioners shared their own experience of family members being disappeared or murdered: Mirna Perla, a former Supreme Court Justice in El Salvador who survived a massacre in 1975 and lost her husband in a political assassination in 1987, and Nora Cortiñas, whose son was Detained-Disappeared in Argentina in 1977, which motivated her to co-found the Mothers of the Plaza de Mayo Movement.

The Commission carried out extensive investigations to develop its report, receiving a large quantity of testimonies from victims and then carrying out a process to verify the facts and analyze the cases. In total, the Commission of Truth received “1,966 reports from citizens about human rights violations by state agents and armed civilian apparatuses protected by state institutions” between June 2009 and August 2011¨.ii Based on these reports, the Commission analyzed 5,418 human rights violations and categorized 87 forms of aggression.iii

At the first presentation of the report, on October 3 in Tegucigalpa, the Commissioners presented the report to victims of human rights violations, the families of murder victims, members of organizations and social movements, the press, and representatives of the Honduran government and several Embassies. Those who lost their lives in the struggle for justice following the coup d’état were remembered and made present in the memory of all those in attendance through a moving ceremony in which a large photo of each person was carried to the center of the auditorium as their names were read and the audience members responded presente.

The first copy of the report was presented to the parents of Isy Obed Murillo, who, at 19 years old, was the first casualty of the coup d’état. On July 5, 2009, he was shot in the head and killed when the military opened fire on a protest at the Toncontín airport, where President Manuel Zelaya was attempting to return to the Honduras.

At the presentation of the Commission’s report in Tocoa, a city in the Lower Aguan region of Honduras, the commissioners presented a copy of the report to the family of Gregorio Chavez, a small farmer who disappeared on July 2, 2012 and was found dead four days later on the property of businessman and palm oil producer Miguel Facussé. He is one of over 50 people related to or affiliated with campesino organizations in the Lower Aguan region that have been murdered since the coup.

In Tocoa, the commissioners and attendees also took a moment to remember Antonio Trejo, the lawyer for the MARCA campesino movement in the Aguan  who fought tirelessly in court to defend the right to land for campesinos. After receiving several death threats, he was murdered on September 22, 2012. After the presentation of the report, those in attendance also had the opportunity to share with the commissioners about the repression that campesinos and human rights defenders continue to face in the Lower Aguan region.

The Commission of Truth’s report identifies three patterns of human rights violations in the framework of the coup d’état: 1) repression of public protests, excessive use of force during repression by state security agents, and criminalization of public protest; 2) selective or directed repression to the detriment of persons considered by the de facto government to be destabilizing to the regime; and 3) institutional dysfunction according to the needs of the regime imposed by the coup d’état and to the detriment of the population.”iv

The first two patterns were clearly illustrated during the remembrances of those who had been murdered, kidnapped, and abused during protests or for being journalists or leaders in the movement against the coup. To illustrate the third pattern of institutional dysfunction, particularly the “dysfunction in the justice system,”v  the commissioners presented the report in San Pedro Sula to Judge Luis Alonso Chevez de la Rocha of the Association of Judges for Democracy, who is one of the judges removed from office for opposing the coup d’état. The Commission of Truth’s report notes that they received “information about the removal, arbitrary transfers and dismissals, and the subjection to disciplinary hearings of an important number of judges who expressed their rejection of the coup d’état.”vi The commissioners noted that the right to a fair trial requires independent and impartial judges and that the ability of judges to be independent is important in ensuring respect for human rights.

At each of the events, the commissioners shared the report’s 18 recommendations, which include recommendations to “investigate and sanction those intellectually and materially responsible for the coup d’état and the human rights violations that arose from the coup,” and “to remove the civilian and military officials involved in grave violations of fundamental rights, committed since the coup d’état, from their positions in the administration.”

The commissioners remarked that the effects of the coup d’état continue and that political persecutions are likely to intensify in the coming months as the elections near. Commissioner Fr. Fausto Milla added that now there is a “new Commission of Truth, which is the Honduran people, with the mission of demanding that the recommendations of the report be fulfilled.”

ii The Commission of Truth’s report, “La voz más autorizada es la de las víctimas,” Page 227

iii Ibíd, Page 228

iv Ibíd, Page 99

v Ibíd, Page 110

vi Ibíd, Page 213

For more information:

The Commission of Truth report (in spanish)

“The Voice of the Victims.” 10-minute video about the Commission of Truth (in spanish)

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The Garifuna People Defend Their Land in the Area of Future Model Cities

October 3, 2012

From August 27 to 30, PROAH accompanied OFRANEH (Fraternal Black Organization of Honduras) during its campaign in Vallecito (in the Department of Colón) in which OFRANEH demanded formal recognition of the boundaries of their land, which had been taken over upon by large landowners.

Expelled from their own land

Between Limón and Punta Piedra to the west of Trujillo there is an acute land conflict between the Garifuna community, organized in 6 Garifuna cooperatives, and businessman Miguel Facussé on the one hand and the family of rancher Reinaldo Villalobos on the other. In a 1997 court ruling, the Garifuna cooperatives received titles to 1600 hectares of land in this area.  This was confirmed by a 1999 Supreme Court of Justice ruling against Miguel Facussé, who had planted 100 hectares of African palma on this same piece of land. In the case of Villalobos, he illegally took possession of the majority of this Garifuna land.  Reinaldo Villalobos has since passed away but his family still has security guards patrolling this land and controls access to the beach.

Since 2005, a regime of terror has been unleashed in this corridor between Trujillo and the Mosquitia by people associated with organized crime.  Many families that lived in Vallecito have been expelled and economic activities have been reduced to a minimum.

For the Fraternal Black Organization of Honduras (OFRANEH), the struggle for this ancestral territory that has historically belonged to the Garifuna people is of utmost importance.  They consider it a territorial reserve for food security and the site of a future Garifuna University (1) . An OFRANEH video shows the steps they took to reliably establish the true boundaries of their land in order to assert their ownership of it.

In June 2010, they signed an agreement with representatives of the National Agrarian Institute (INA) to demarcate the boundaries of the terrain in Vallecito.  Nevertheless, those who had occupied this land refused entry to the employees of the INA and the Public Prosecutor’s Office (Ministerio Público), effectively preventing the agreed upon demarcation process. [2]

Two years without advances followed until July of this year when OFRANEH and 200 Garifuna representatives met with INA representatives in Corozol to demand demarcation of the land belonging to 15 Garifuna communities on the North Coast.  In her speech, Miriam Miranda, President of OFRANEH, denounced the government’s silent policy of expulsion through powerful industries and tourism programs that only serve to sell the Garifuna culture.  During this audience, Cesar Ham, Director of the INA, promised to demarcate those communities according to the existing titles and to provide the necessary measures (police, military) to be able to enter onto land that had been stolen.

A Camp to ensure the demarcation of the land

For OFRANEH, the boundary demarcation has real and symbolic importance.  According to Alfredo López, Vice President of OFRANEH, they organized more than 40 communities to take part in a camp to watch the re-measurement process. On Sunday, July 26, 6 busses with about 200 people – including many young people – arrived to demand their right to the land. [3]

The Honduras Accompaniment Project (PROAH) visited the camp to be present when the government representatives arrived.  Additionally, people from the United States, a group of German journalists, and several delegations also provided international presence in the camp.

The camp seemed like it could have been a restful place if it were not for Facussé and Villalobos’ guards and their intimidation of the Garifuna community: they interrupted the night with bursts of machine-gun fire, entered the camp heavily armed, and patrolled the area.  The night dances and drumbeats of the Garifuna community intermingled with fear and vulnerability.

On Tuesday, August 28, the third day of the camp, the INA technicians arrived and surveyed the boundaries of one of the six Garifuna cooperatives, accompanied by over 50 Garifuna men and women. After finishing, they affirmed that their work was very limited by the lack of protection from the authorities, which they needed to demarcate the rest of the land.  They pointed out that they needed the presence of the police, military, and Public Prosecutor’s Office in order to break the Villalobos’ gigantic gate that blocked access to the beach.

A contingent of the national police and Public Prosecutor’s office did arrive in the area the next day, but stayed in Tocoa, which is 80 kilometers from Vallecito. Via phone, radio, and communiqués, OFRANEH called for them to come to Vallecito in order to carry out the boundary demarcation and protect the camp members, who were constantly threatened by armed men who surrounded the camp.  Daily, the authorities justified their absence with a variety of reasons, including insufficient personnel, the need to wait for orders from “above,” and even a lack of gas to transport their personnel from Tocoa to Vallecito.  In this way, the first week of the camp ended without their presence.  OFRANEH concluded:

If there has not been any response from Pepe Lobo’s government up to this point, it is because he supports and endorses the theft of land by the groups who have taken control of the territory in the Vallecito area.[4]

Vallecito – Future Model City?

It is well known that Vallecito is in one of the three zones for future model cities in Honduras.  The model cities will be located in three Special Development Regions (RED), two in the north and one in the south of the country.  These are autonomous zones with their own government and laws to promote free trade and attract investment.  In the Vallecito area, there are multiple natural resources that are of economic interest: minerals, petroleum, beautiful beaches, and fertile land.

According to OFRANEH, there is an unresolved problem with the implementation of model cities: What to do with the inhabitants who own their land and are not willing to leave?  The government claims that the model cities will be in uninhabited areas but OFRANEH assumes there will be evictions because there are almost no uninhabited zones in the country.  In the case of Vallecito, where the inhabitants have legal titles to the land, OFRANEH suggests that the expulsion strategy could be the absence of the government, which leaves the inhabitants subject to the will of the powerful interests and their armed groups.

In response to the daily intimidation, OFRANEH constantly requested police protection for the camp members.  However, the police patrols stayed in Tocoa, saying that they lacked orders from higher-up, were awaiting reinforcements, or lacked gas.  OFRANEH denounced this as a policy of a “Failed State,” because it appeared the state was incapable of incapable of reacting in the face of organized crime:

“All day we have been waiting for answers from the government and there has not been a positive response by the police or military to come to the area in order for the re-measurement of the land that powerful groups have stolen from us to proceed. As a result, the night is closing in is with our worst fears confirmed.” [5]

Belated Response from the Government

Due to strong national and international pressure, OFRANEH was able to dialogue with the Lobo Administration.  During a meeting in Tegucigalpa, the government committed to designate protection for the Vallecito community and to establish the boundaries of the land that had been taken over. [6]

Shortly afterward, on September 13, the INA complied with its commitment from two years ago – accompanied by police and military entities and with an order from the Public Prosecutor’s Office — the Villalobos’ gate was broken and they succeeded in entering the land to begin demarcating its boundaries.

The process had not yet concluded when the threats by the Villalobos’ guards began.  They declared they would murder any Garifuna who came to Icotea, a neighboring town where the widow of Reinaldo Villalobos lives.

OFRANEH hopes the authorities issue an eviction order to return the land to the Garifuna cooperatives and guarantee the security of the community in Vallecito, who continue being harassed by powerful interests in the area.  OFRANEH stated that “any attack suffered by the Garifunas will be the responsibility of Reinaldo Villallobo y de Miguel Facussé’s thugs as well as the government.[7]

[1] “Piratas en Honduras: De Gregor Macgregor y la República de Poyas, a la Ciudad modelo de Paul Romer” OFRANEH. Julio 18, 2012.

[2] “Pueblo Garífuna reocupa tierras usurpadas en Vallecito”, Comunicado de OFRANEH del 27 de agosto del 2012, documento: doc decl.Ofraneh2.

[3] Amenazan con desalojar garífunas tras recuperación, Artículo del periódico digital conexihon del 29 de agosto del 2012, http://conexihon.info/noticia/derechos-humanos/pueblos-indigenas/amenazan-con-desalojar-gar%C3%ADfunas-tras-recuperaci%C3%B3n-de.

[4] Crisis en Vallecito (Colón): Aclaración pública ante infundios del INA, Comunicado de OFRANEH del 29 de agosto del 2012, http://ofraneh.wordpress.com/2012/08/29/crisis-en-vallecito-colon-aclaracion-publica-ante-infundios-del-ina/.

[5] “Honduras, sospechoso silencio del Gobierno de Pepe Lobo ante caso de Vallecito”, Comunicado de OFRANEH del 30 de agosto 2012, documento:sospechoso silencio.

[6] “Se reanuda el Proceso de Remedición de Tierras en Vallecito, Colón, Comunicado de OFRANEH del 5 de septiembre 2012, http://ofraneh.wordpress.com/2012/09/05/se-reanuda-el-proceso-de-remedicion-de-las-tierras-de-vallecito-colon/.

[7] “Se logró romper el Portón de la Verguenza en Vallecito!”, Comunicado de OFRANEH del 13 de septiembre 2012, documento:Portón de Verguenza.