Inter-American Commission puts a spotlight on Sacaba, Senkata massacres

The Inter-American Commission on Human Rights, which visited Bolivia November 22 to 25, has released a visually and emotionally arresting video that highlights the testimony of survivors of the Bolivian government’s massacres of protesters in the town of Sacaba and the El Alto neighborhood of Senkata. The video interweaves survivors’ pleas with crowd shouts for “justice” and does far more to humanize the participants in protests than nearly any coverage in the mainstream Bolivian press. (Click on “CC” for English subtitles, and on “vimeo” to see a larger version.)

The Commission’s report on its visit, currently available only in Spanish, includes extensive discussion of these two massacres. What follows is my translation of a relevant portion of their text:

Massacres and murders

In the context of the crisis, and as of November 27, the IACHR received news of 36 people who lost their lives in Bolivia. During its visit, the IACHR delegation received abundant information about two massacres committed in Sacaba and in Senkata, on November 15 and 19, respectively, in which at least 18 people lost their lives.

The Sacaba massacre occurred on November 15. The Commission received information from witnesses, according to which members of the Six Federations of the Tropic of Cochabamba arrived in a peaceful demonstration to the Sacaba municipality, demanding the return of Evo Morales to the government and recject the interim government. At the Huayllani bridge, located at kilometer 10 of the highway from Cochabamba, the combined forces of the Police and Armed Forces had established a security cordon. At the moment the demonstrators attempted to pass through, they were first contained and told verbally that the Human Rights Ombudsman’s Office (Defensoría del Pueblo) was on its way to mediate; nevertheless, according to information received, a few moments later the police and military agents would open fire against the civilian population gathered there, which they also would attack with tear gas, beatings, and kicks. In these acts, nine people were killed: Omar Calle, César Sipe, Juan López, Emilio Colque, Lucas Sánchez, Plácido Rojas Delgadillo, Armando Carvallo Escobar, Marco Vargas Martínez, and Roberto Sejas. Numerous people were wounded, including by bullets, who were received by various hospitals in Sacaba and Cochabamba.

The commission takes note of the existence of different versions of how these events unfolded. On one hand, some state authorities, including the Forensic Investigation Unit (Instituto de Investigaciones Forenses; IDIF) and the police command, have accused the demonstrators of having shot one another, proposing reasons such as the caliber of the bullets that were recovered from the bodies of the dead and wounded. On the other hand, the numerous testimonies received by the IACHR are consistent in indicating that the demonstrating people were unarmed, advanced peacefully by their own initiative, and were attacked with fire arms, teargas canisters, batons, and other weapons by the security forces, in a sudden and surprising manner. Security force helicopters participated in the operation, as even the Police Commander of Cochabamba testified before the IACHR.

The Senkata massacre occurred on November 19. According to information received, a group of partisans of the MAS carried out a blockade around the oil and gas plant of the Senkata sector, in El Alto. That morning, sixty container trucks of gasoline and natural gas were allowed to leave the plant, after which the demonstrators had knocked down one of the walls on the perimeter of the plant, at which time they were contained by the firearms of the combined forces of the Police and Army. In these acts, nine people were killed by gunshots: Devi Posto Cusi, Pedro Quisberth Mamani, Edwin Jamachi Paniagua, José Colque Patty, Juan José Tenorio Mamani, Antonio Ronald Quispe, Clemente Mamani Santander, Rudy Cristian Vásquez Condori, and Calixto Huanacu Aguilar. Among those who were killed are several people who do not seem to have participated in the blockade, but rather were simply passing through the zone on the way to their homes or workplaces. There were also numerous people wounded by gunshots, beatings, inhalation of gas, and other related causes, who were attended in various hospitals in El Alto. Just as in the Sacaba massacre, some public functionaries, both forensic and police, have questioned whether the bullets that killed these citizens had been shot by the regulation weapons of the security forces. With respect to that, according to public declarations and those made before the IACHR, insistently reiterated by the victims themselves, these people were publicly demonstrating without violence and were the object of repression by state agents using firearms. There have also been public denunciations of the disappearance over various lifeless bodies of people who had died in the the same massacre, which would have been taken by state agents so that no one would have word of these dead people. In particular, cases of [such disappearances] denounced before the IACHR include that of a peasant woman, and of a girl around 12 years old, among others. The victims of this massacre consistently signal that the number of those killed is much more than the nine that have been reported up to now.

The Inter-American Commission on Human Rights emphatically condemns the massacres of Sacaba and Senkata, in which [the perpetrators] incurred in grave violations of human rights. According to the Commission’s criteria, these acts can be characterized as massacres given the number of people who lost their lives in the same way, time, and place, and because they were committed against a specific group of people. In addition, the patterns of the wounds that have been recorded offer serious indications of practices of extrajudicial execution. The right to life, protected under the American Convention [on Human Rights], is inviolable, and due to its essential character is the precondition for the exercise of all other human rights. The organs of the Inter-American System [of Human Rights] have reiterated that the use of force by the state must be bound by the principles of exceptionality, legality, necessity, and proportionality. As well, the Bolivian state is reminded that lethal force many not be used merely to maintain or re-institute public order; only protection of life itself and physical integrity against imminent and real threats is a legitimate objective for the application of deadly force by state agents. In this sense, the IACHR urges the [Bolivian] state to immediately and urgently implement mechanisms to prohibit and effectively impede the use of lethal force as a control measure for public order in cases of public demonstrations. The Commission also reiterates that firearms and their munitions must be excluded from control operations of social protest, and that police or military functionaries that may enter into contact with a demonstration should not carry fire arms or other lethal weapons. Additionally, the Commission urges the state to rapidly carry out its international obligation to investigate, judge, and sanction those responsible for these criminal acts.

Image above: Relatives of Antonio Quispe lead the procession of the victims killed during clashes with police at the Senkata fuel plant. Photograph: Getty Images.

Pablo Solón squares off with Bolivian government over El Chepete/El Bala megadam

Pablo Solón Romero was the most important face of the Plurinational State’s environmental and human rights diplomacy from 2006 to 2011. Last week, he became the latest critic of that same government to suddenly face criminal charges. On Friday, June 30, authorities delivered Solón a subpoena in a case against him and journalist Rafael Archondo. The pair had been designated Bolivia’s permanent and alternate representative to the United Nations. Now, they each face two charges of corruption for Archondo’s succession to the role after Solón resigned. The government alleges that Solón’s letter presenting Archondo to the United Nations constituted an unlawful usurpation of the President’s power to designate ambassadors.

For Solón, the investigation is an act of retribution.

In a statement released Monday, he declared:

The news wasn’t a surprise. Due to our critical analysis of the El Bala and El Chepete hydroelectric megadams, various friends had warned me that they would search underneath the stones to find something to accuse me of, to intimidate me, and to make me shut up. […]

I won’t refer at this time to the supposed crimes that we are accused of, since I will refute every one of them in a formal and public manner when I go to declare before the Prosecutor’s Office.

What I can say is that we will continue to think and we will continue to speak. Wherever we find ourselves, we will not renounce our ability to criticize and to state our opinion. It is most lamentable that rather than refute us with arguments, they seek to frighten us with this kind of accusations.

La noticia no fue una sorpresa. A raíz de nuestro análisis crítico de las mega hidroeléctricas de El Bala y el Chepete, varios amigos y amigas me habían advertido que buscarían debajo las piedras para acusarme de algo, intimidarme y hacerme callar.

En esta oportunidad no me referiré a los supuestos delitos de los cuáles se nos acusa ya que de manera formal y pública refutaré cada uno de ellos el día que vaya a declarar a la fiscalía.

Lo que si puedo decir es que seguiremos pensando y seguiremos hablando. Donde quiera que nos encontremos no renunciaremos a nuestra capacidad de criticar y decir lo que opinamos. Es muy lamentable que en vez de refutarnos con argumentos busquen amedrentarnos a través de este tipo de acusaciones. 

Pablo Solon
Pablo Solón speaking in March 2017

Pablo Solón, a Bolivian with a long history of radical and progressive activism, served first as its ambassador to UNASUR and later to the United Nations (Wikipedia biography|2010 Democracy Now interview). When the Bolivian government attacked the 2011 indigenous march in defense of the Isiboro Sécure National Park and Indigenous Territory (TIPNIS), Solón was one of several government officials to speak out, urging President Evo Morales to reconsider the proposed highway through the territory, a position he amplified once he stepped out of public service in 2012. After several years at the head of Focus on the Global South, Solón returned to working on Bolivian environmental issues at the La Paz-based Solón Foundation. Now, he has put his expertise to use challenging the government’s drive to build massive energy infrastructure projects in the Bolivian Amazon.

Read More »

Bolivian Ombudsman sues to prevent doctors from going on strike

 

Taking one more step in the Bolivian government’s slide away from socialism, the Defensor del Pueblo (Human Rights Ombudsman) has successfully petitioned a court to limit the right of Bolivian workers to go on strike. The workers in question are doctors affiliated with the Colegio Médico, who carried out a two-day work stoppage in protest of a government decree turning medicine into “free affiliation” profession, analogous to anti-union right-to-work laws in the United States.

Defensor David Tezanos Pinto filed the suit in the name of the right of the public to health, but the move cuts against the grain of strong pro-labor elements of Bolivian political culture, some of which date back to 1936. The right to strike was reaffirmed in the 2009 Constitution, and the court ruling that resulted is equivocal on the appropriate balance between that right and the public interest in access to medical services. The ruling stipulates “the Colegio Médico’s obligation to guarantee the right to health in normal conditions for all uses of the public health service when they exercise their ight to strike | El deber garantizar el derecho a la salud en condiciones de normalidad en todos los usuarios del servicio de salud público por parte del colegio médico a tiempo de ejercitar su derecho a la huelga.”

After the ruling,  Tezanos threatened further lawsuits against future protests on May 30, suggesting that transit drivers on strike and protesters using road blockades could be targeted. Blockade of highways are a central form of protest in the Andes, and many other places across Latin America. The current government owes its existence to extensive social unrest using blockades from the 1980s onward in the Chapare and from 2000 to 2005 across Bolivia. More recently, Tezanos has stepped back from his earlier threats, stating on Twitter that “The Constitution protects health services, limiting medical strikes, guaranteeing the right to strike in other sectors.”

Tezanos is the first Defensor appointed from within the Movement Towards Socialism party, which has governed since 2006. Under Bolivia’s previous political turbulence, the long term of the Defensor and the fractiousness of the National Congress has kept this important role somewhat independent of the ruling party. This lawsuit is the latest action leading some Bolivian’s to question whether that independence will continue under Tezanos’ leadership. For Inter-Union Pact leader José Luis Álvarez, the latest action “criminalizes the strike and social protest.”

This week, the Departmental Workers Center has stepped up a campaign to demand Tezanos renounce his action and back the right to strike. An alliance of workers, doctors, neighborhood councils, rural irrigation users, and others is preparing a march on the matter for June 26.

Image: Bolivian medical workers on strike in Cochabamba, April 2011.

 

(translated) Environmental activist Gustavo Castro is in danger in the community of La Esperanza, Honduras

[Not my translation, but I urge you to take action in response. Want to act immediately? Click here. —CBJ]

[March 8 update: Gustavo Castro Soto remains in Honduras, where the government has extended its order forbidding him to depart to his native Mexico for 30 more days. Gustavo’s anti-mining organization, the Movimiento M4, has a new action alert (in English here|Spanish original) urging continued pressure.  ]

Below is an action alert put out this morning, March 7, by Otros Mundos/Friends of the Earth Mexico, the organization headed by Mexican Gustavo Castro Soto, who is the sole witness to the assassination of COPINH leader Berta Caceres. (Gustavo is also co-founder and board member of Other Worlds, and coordinator of the Central American-wide anti-dam network, M4.) Gustavo was providing peace accompaniment to Berta on her last night of life; he himself was shot twice. Gustavo was immediately detained in inhumane conditions by the Honduran government for days for “questioning.” Thanks to national and international pressure, he was finally released and was accompanied by the Mexican ambassador and consul to the airport in Tegucigalpa. He was just about to go through customs when Honduran authorities tried to forcibly grab him. The Mexican government successfully intervened, and put Gustavo into protective custody in the Mexican Embassy. Now, the Honduran government has prevailed and reclaimed Gustavo, taking him back to the town of La Esperanza, where Berta lived and was killed. Gustavo is in terrible danger in Honduran custody, as what he witnessed is an impediment to the government’s attempts to pin Berta’s murder on COPINH itself.

Please take the actions requested below. Like Berta, Gustavo is a key leader to popular struggles against corporate extraction, government malfeasance, and US intervention in Mesoamerica. As Berta was, Gustavo’s life is in grave danger.

(from Otros Mundos [original here])…

BREAKING! Gustavo Castro is in danger in the community of La Esperanza, Honduras
March 7, 2016

– To the Secretary of Human Rights, Justice, Interior, and Decentralization of Honduras
– To the Secretary of Foreign Affairs of Honduras
– To the Secretary of Foreign Affairs of Mexico
– For national and international attention
– To all organizations defending human rights

At present, the Mexican environmentalist Gustavo Castro Soto, Coordinator of Other Worlds AC/Friends of the Earth Mexico, is adding to his statement in La Esperanza, Intibucá, southeastern Honduras, where he was the victim of an assassination attempt in which indigenous rights defender Berta Cáceres was murdered on March 3.

We are on HIGH ALERT because his departure from the Embassy of Mexico and transfer back to La Esperanza represent a high risk for his physical security and psychological wellbeing.

On Sunday, March 6, upon trying to leave Honduras, legally and under the protection of the Mexican Embassy in Honduras, he was arbitrarily intercepted by Honduran authorities before passing through immigration at the Tegucigalpa International Airport. They detained him under the justification that he needed to expand upon his declaration, but without notifying him of this previously.

We want to point out that Gustavo Castro in no way resisted making the full declaration that was asked of him, and he has accepted this request to expand his statement in the interest of clarifying the facts surrounding the assassination of Berta Cáceres, and to avoid the criminalization of members of COPINH.

Despite all of the requests made to ensure that this new declaration be made under proper conditions, to guarantee his physical safety and psychological well-being within the Mexican Embassy in Tegucigalpa, the General Prosecutor decided that Gustavo needed to make his statement in La Esperanza. We believe that this puts him in physical and psychological danger. We demand guarantee for Gustavo’s safety and security during the process of expanding his declaration and during his travel from the Embassy of Mexico in Tegucigalpa. We demand that the government of Honduras fulfill its promise to lift the immigration hold that prevented Gustavo Castro from immediately leaving Honduras after completing his required statement, since there is no reason to keep him in the country.

We ask everyone to act and help us demand Gustavo’s safety and security by contacting:

The Secretary of Foreign Affairs of Mexico/Secretaría de Relaciones Exteriores de México, (55) 3686 – 5100 y (55) 3686 – 5581
gobmx@funcionpublica.gob.mx
@SRE_mx

The National Commission on Human Rights of Mexico/Comisión Nacional de Derechos Humanos de México
(55) 56 81 81 25 |  (55) 54 90 74 00
cenadeh@cndh.org.mx
@CNDH

The Secretary of Human Rights, Justice, Interior and Decentralization of Honduras/La Secretaría de Derechos Humanos, Justicia, Gobernación y Descentralización de Honduras
(504) 2232-7800 y (504) 2232-8900
@sdhjgdhn

Secretary of Foreign Affairs of Honduras
(504) 2236-0200 y (504) 2236-03-00
cancilleria.honduras@gmail.com
@SRECIHonduras

Further contacts recommended by the Center for International Environmental Law. You can also use their online solidarity letter generator.

Honduran Embassy in United States
Email:consulado.washington@hondurasemb.org
Fax:202.525.4004

Honduran Embassy in Canada
Email:ambassador@embassyhonduras.hn
Fax:613 232 0193

Canadian Embassy in Honduras
Email:sjcra@international.gc.ca

US Embassy in Honduras
Email:irctgu@state.gov

CONADEH
Email:centrooriente@conadeh.hn
Email:secretaria.despacho@conadeh.hn

Queerness and LGBT rights headline Bolivian kids’ newspaper

Cobocitas-QueerCoverLos Cobocitos, a weekly segment in the Cochabamba daily newspaper Opinión, features a cartoon- and story-filled introduction to queerness of all ages. Co-produced by Bolivia’s Human Rights Ombudsman (Defensoría del Pueblo) and Unicef, it celebrates June 28 as International LGBT Pride day. It features drawings by kids against homophobia, stories of same-sex couples in their own words, and an explanation of the constitutional rights to equality for people of all sexual orientations and gender identities in Bolivia’s 2009 Constitution and its general antidiscrimination law. (The constitution does, however, define marriage as between one man and one woman.) There’s also encouragement to teachers to give “rapid and natural responses” when they hear anti-gay myths and a reminder to parents that “There are some moms and dads who think that if they avoid the issue, their children were be less likely to be homosexual and that’s not true. It’s the parents who need to inform themselves and break the chain of silence.” Didactic? Yes, but still adorable.

The State of Human Rights in Bolivia: The UN View

This is an expanded and hyperlinked version of an article I contributed to Bolivia Information Forum’s News Briefing service. Please support BIF’s appeal for funds to continue its valuable work.

Bolivia’s record on human rights came up for review by the United Nations’ Human Rights Committee* during its October session. As a state party to the International Covenant on Civil and Political Rights, Bolivia submits a report on its performance every five years. The Committee looked at that report and submissions from numerous human rights organizations in drafting a series of recommendations (Concluding Observations [es] | all documents from the process). In the UN committee’s view, the state of political freedom and social equality in the country is an uneasy balance between ambitious new legislative protections and inadequate practical implementation of national and international norms.

The Bolivian government has passed new laws to guarantee rights and combat discrimination, including norms against racism and other forms of discrimination (2010), violence against women (2013), and gendered political harassment (2012). While some regional commissions on racism are operating, the regulations to protect women from violence are still pending. A law on consultation with indigenous communities is also pending. The Committee criticized Bolivia for failing to respect the right to free, prior, and informed consent on projects and laws that affect indigenous peoples and their territories.

The Committee’s strongest criticisms refer to Bolivia’s overwhelmed criminal justice system. Investigations and prosecutions are slow, while prisons are overcrowded to 230% of their capacity. Four out of five people in Bolivia’s jails are awaiting trial, and the Committee suggested that alternatives like house arrest and location monitors could see many of them released. It said that those who remain should have the right to be housed separately from convicted criminals. A government amnesty plan is underway, but progress remains slow. Delays in prosecution are also creating a situation of impunity for those responsible for racist attacks perpetrated in 2008, the murder of two women council members in 2012, and police repression at Chaparina and Mallku Khota, among others. The Committee also urged further action to combat lynchings, as well as corporal punishment carried out in the family and traditional spheres of the justice system.

The Bolivian armed forces and police were singled out in a number of observations.  A series of revelations of brutal treatment of conscripts and of beatings of prisoners have generated controversy, but there have been few successful prosecutions.  The Committee also urged opening military records from the dictatorship era (between the mid 1960s and early 1980s), and the creation of an alternative to military service for conscientious objectors.

Finally, the UN Committee urged expanded protection of rights on several fronts.  It argues that the current obligation for women seeking a legal abortion (in cases of rape, incest, and medical necessity) to get a judge’s backing contributes to maternal mortality and should be eliminated. It also urged new action to free hundreds of Guaraní families still trapped in servitude, and to criminalize violence against sexual minorities and transgender people.

* This Human Rights Committee is a body established by article 28 of the International Covenant on Civil and Political Rights.

Marriage is a political binding spell…

Marriage is a political binding spell. It obliges the state to not ask you to testify against one another, the boss who doesn’t respect your love to provide health care for your partner, the florist and the venue owner to treat you equally, the immigration inspector to see you as family. No love should be denied these powers.

And,

These protections should be spread far more widely. Collectivities of dissent should be spared grand juries. Health care should be for all, gay or straight; married or single; salaried, waged, or unemployed. Love in all its forms should be regarded as a blessing, celebrated by neighbors and friends, and honored by strangers. People should find their homes regardless of borders.

This week’s demands on marriage equality are just small asks compared to these. But they’re so easy to say yes to.

xo

I don’t usually repost my comments in the world of social media, but since a couple people asked… I live between a circle that has come to celebrate LGBT equality, with this week’s cases as a big symbol, and a circle where the priority of marriage for LGBT movements has long been rightly questioned. I hope this very short piece challenges people in the first circle to expand their demands and visions, and those in the second circle to embrace the limited but daring requests being put forward this week.

p.s. See also: Caitlin Breedlove, Thoughts on the Supreme Court & Gay Marriage: “I believe the way forward is not the same old fight of picking sides. The question, instead, becomes: how do we move from the push for a US-based civil right for some, to the struggle for liberation for all?” Shay O’Reilly, LGBT Activists Look Beyond Marriage To A Bigger Gay Agenda. Laura Flanders, Take the Oath: A Critic of Marriage Gets Teary: “…if we care so much about loving and honoring and comforting and cherishing someone else, what if, as a society, we took that oath to one another?”