By Brittney Hodnik
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – Guatemalan officials have detained Hector Mario Lopez Fuentes, a retired general and former head of the armed forces in Guatemala.  He allegedly played a pivotal role in a number of massacres that occurred during the Guatemalan Civil War.  Many hope the arrest will provide closure for thousands of families across the country.

Between 1960 and 1996, Guatemala underwent a violent civil war in which security forces killed an estimated 200,000 people.  The large majority of victims were indigenous Mayan Indians and other innocent civilians.  Mario Minera, a rights activist told the Associated Press “this opens the possibility that there could be justice for hundreds of families” and possibly an explanation.

General Fuentes, now 81 years old, faces charges of genocide and forced disappearance – a crime in which the victim has never been found.  Additionally, human rights groups are accusing him of crimes against humanity generally.

As reported by BBC News, Guatemala’s office of public prosecutions claims that Fuentes is the driving force behind the killings of more than 300 landless Mayan civilians in 1982 and 1983.  While the security forces are to blame for the majority of the actual killings and disappearances, Fuentes stands accused of orchestrating it all.

According to Amnesty International, Fuentes held the title of military Chief of Staff – the third highest-ranking official in the country – under then-President, General José Efrain Ríos Montt.  Montt is currently awaiting criminal prosecution himself.  As of now, he enjoys immunity from prosecution while serving a term as a Congressman.  Montt told a local radio station, “it was a time of war, of guerrilla wars,” and is reportedly willing to face justice for his actions in the early 1980s.

International Business Times reports that Fuentes is the highest-ranking former government official so far to be charged with such crimes related to the civil war.

Sebastian Elgueta, Central America Researcher at Amnesty International, described the arrest as a “major step toward justice for the hundreds of thousands of victims of grave human rights abuses. . . ”  Elgueta believes that in order for justice to prevail, authorities should punish not only the soldiers, but also the masterminds behind these atrocities.

Guatemalan authorities have arrested other former military and police officials in recent months for their involvement in human rights abuses.  “But,” said Elgueta, “most of those who planned and carried out the worst abuses are still at large and must be brought to justice.”

For more information, please see:

 Amnesty International – Guatemala Arrests Former General for Genocide – 20 June 2011

BBC News – Guatemala: Ex-Armed Forces Chief Lopez Fuentes Arrested – 18 June 2011

International Business Times – Former Guatemalan Army Chief Arrested for War Crimes – 18 June 2011

The Sacramento Bee – Guatemala Arrests Ex-General in 1980s Killings – 17 June 2011

By Brittney Hodnik
Impunity Watch Reporter, North America

Food Not Bombs is an international organization known for protests against war, poverty, and environmental destruction, as reported by ABC News.  Recently the group has made it a point to serve the homeless of Orlando with healthy, vegan meals.

According to the Huffington Post, the city passed the ordinance in 2006 after residents complained.  The twice a day feedings became “disruptive” and would often leave a mess.  Food Not Bombs questioned the constitutionality of the ordinance in 2008 and won; the federal district court held that their actions were protected speech.  However, the 11th Circuit Court of Appeals overturned the ruling, holding that the limitations were not unduly burdensome.

Authorities most recently arrested four activists for serving pancakes and donuts to the homeless in Lake Eola Park, in downtown Orlando.  According to the Orlando Sentinel, the law brings a penalty of 60 days in jail, or a $500 fine, or both.

In an interview with The Orlando Sentinel, Eric Montanez, a member of Food Not Bombs said, “We feel like the park is where the people should be,” and “the real issue is that the city just doesn’t want the homeless here.”

Cathy Jackson, the executive director of the Homeless Services Network of Central Florida disagrees.  According to her interview with ABC News, there are about seven shelters within a mile and a half of Lake Eola Park.  She and Mayor Dyer believe that Food Not Bombs is creating more of a publicity stunt than providing a helpful service.  According to the Orlando Sentinel, Food Not Bombs publicized the event online and the media were encouraged to attend.

The city allows groups to obtain 2 permits per year for each of the 42 parks in Orlando, allowing 84 feedings a year.  The Huffington Post reports that there are at least 10 other groups who proceed with legal feedings in the Orlando area.

However, Theresa McDonald, a homeless woman who uses a wheelchair says that she relies on Food Not Bombs because she cannot afford even the minimal prices charged by the shelters, and it is difficult for her to move from park to park, according to the Orlando Sentinel.

Food Not Bombs will again challenge the ordinance, and plans to continue serving food in the meantime.

For more information, please visit:

Huffington Post — Orlando Activists Arrested For Feeding Homeless in Defiance of City Ordinance — 10 June 2011

ABC News — Arrested for Feeding the Homeless in Violation of New Orlando Law — 9 June 2011

Associated Press — 4 More Homeless Activists Arrested in Orlando — 6 June 2011

Orlando Sentinel — Anti-Poverty Group Defies Ban on Feeding Homeless in Orlando’s Parks — 18 May 2011

Orlando Food Not Bombs — Text of Orlando’s Anti-Homeless Feeding Ordinance — 2006

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – The controversial Supreme Court ruling in Snyder v. Phelps has sparked new legislation dealing with free speech.  Fourteen states are now seeking to pass a bill that would extend the “buffer zones” and “quiet time” associated with military funerals.  Although the Supreme Court has deemed these limitations constitutional, many are skeptical that the bill will severely limit free speech and expression in the United States.

ManhattanBeachPatch.com — State Measure Would Restrict Funeral Protests – 6 June 2011

Recordnet.com — The Right to be Left Alone— 6 June 2011

USAToday.com — States Look to Guarantee Civility at Military Funerals — 3 June 2011

The Washington Post — Westboro Baptist Church Wins Supreme Court Case for Right to Protest Military Funerals — 3 March 2011

By Brittney Hodnik
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – The recent arrests of twelve law enforcement officers in the state of Arizona illustrates the disturbing human trafficking epidemic.  Three of the officers allegedly conspired to smuggle and transport drugs and humans.  This “new slavery” continues south of the border, as Mexico City police recently freed 62 victims from a forced prostitution ring – many of whom were trafficked from almost 300 miles away.

Last week, a study performed by Mexico’s Human Rights Commission showed that human trafficking numbers in Mexico City may be worse than anyone anticipated.  CNN reports that in the last year, only3 convictions resulted out of a mere 40 investigations conducted for human trafficking by the police.  10,000 women are reportedly victims each year.  According to Eva Reyes, investigation coordinator and a partner in the study, the issue is not so much the number of victims, but rather the lack of investigation by Mexican authorities.  “The authorities are not investigating, nor are they asking witnesses,” Reyes stated.

The Human Rights Commission report  indicated that because these women “are not achieving access to judicial resources . . . the large majority of these incidents remain in impunity.”  As of 2003, human trafficking was not illegal in Mexico, but authorities used immigration and organized crime statutes to prosecute wrongdoers.  The United States has lent minimal assistance to help curb the trafficking.

Last Monday, Mexico City police freed 62 females from forced prostitution; one of which was only 13 years old.  According to Hispanically Speaking News, authorities have detained seven people – five men and two women ranging in age from 19 to 62 – for their connection to the crime.

Traffickers kidnap and coerce their victims into the human trafficking ring, often from cities far away from the capital.  As reported by CNN, one victim claims two men approached her in Oaxaca and offered her a “more comfortable life,” so she went with them.  Oaxaca is about 288 miles away from Mexico City which has become the hub of human trafficking in Mexico.   Coercion is the most common tactic used by traffickers to recruit victims.  Many traffickers go largely unnoticed because of the overwhelming population of the city – about 21 million people.

The practice continues to happen because the authorities have not made it a priority.  The stigma attached to prostitution overshadows the “victim” connotation.  The victims are “seen as people who are doing it freely [and] that is the first obstacle to justice,” said Reyes.  The arrests in Arizona will hopefully bring attention to the atrocity of human trafficking and its prevalence in both Mexico and the United States today. 

For more information, please see:

CNN International — Study Finds ‘Alarming’ Human Trafficking Figures in Mexico’s Capital — 27 May 2011

CNN Justice — Documents Detail Accusations Against Arpaio’s Employees After Sting — 27 May 2011

Hispanically Speaking News — 62 Victims of Forced Prostitution in Mexico City Rescued by Police — 26 May 2011

Wide Angle — Dying to Leave — 25 September 2003

By Erica Laster                                                                                                                       Impunity Watch Reporter, North America

CALIFORNIA, United States – On April 18, 2011, the Kawaiisu Tribe of Tejon filed its amended complaint in the Eastern District of California.  The Kawaiisu Tribe seeks an affirmation that they hold aboriginal title to lands which the Defendant seeks to build resorts on.  While the Non-Intercourse Act affirms that the Federal Government will prosecute any defendants making claim to said reservations, the U.S. government has refused to act on the Tribe’s behalf.

The complaint re-asserts land based claims of aboriginal title to approximately 49,000 acres of land in Kern County, California being encroached upon by Defendants seeking to establish resorts on sacred burial grounds.

The Kawaiisu are a Great Basin Shoshone Paiute Tribe whose territory extended from Utah to the Pacific Ocean before encroachment by Europeans occurred. Chairman of the Kawaiisu Tribe, David Laughing Horse Robinson, acting as attorney on the Tribe’s behalf, asserts claims based on the Non-Intercourse Act of 1857 which prohibits encroachment on Indian reservations and territory.   

The second amended complaint asserts that various names have been used to refer to the Kawaiisu Tribe, including: Nochi, Cobaji, Cobajais, Covaji, Kahwissah, Kawaiasuh, Kawishm, Kowasah, Kubakhye, Newooah, Noches Colteches, Tahichapahanna and Tahichp.  Many of these names have been confirmed as having been linked to the tribe through maps, history reports and Congressional filings.   

This is confirmed in an early Spanish explorers account by the name of Father Garces.   Father Garces created disenos or “rude maps” in which he uses these names to describe meetings and accountings with members of the Kawaiisu Tribe.  Father Garces functioned as a Spanish missionary whose objected lied in helping to extend Spanish territory throughout and northward of California including Colorado, Arizona and parts of the Mojave Desert.

The amended complaint also details various historical and legislative documents as having confirmed the presence of the Kawaiisu Tribe.  These documents indicate which lands the Tribe maintains aboriginal title to and preclude outsiders from encroaching upon these lands and reservations.

On December 30, 1849, the United States signed the Treaty of 1849 with the Utah Indians which confirms that “all cases of aggression against said Utah shall be referred to the aforesaid government for adjustment and settlement.”  The Indian Non-Intercourse Act (NIA) was in effect at the time under 25 U.S.C. 177 proscribing that “no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution.”

The complaint further alleges that a second Treaty, known as Treaty D, was forged between the members of the Kawaiisu Tribe and U.S. Commissioner George W. Barbour, ceding large portions of land in exchange for goods and other supplies.  It is argued that the Treaty was purposely left un-ratified by the U.S. Senate to allow for further exploration and for Europeans to continue participating in the gold rush, uninhibited by aboriginal land titles.

Pursuant to a Congressional Act of March 3, 1853, California Indian Superintendant Edward F. Beale established a reservation for the Tejon Indians at Tejon Pass on September 30, 1853.  

The Defendants are seeking to build a series of residential areas, resorts, spas, golf courses, and other recreational facilities on these sacred historical, archaeological and burial grounds of the Kawaiisu Tribe of Tejon. 

Approximately 49,000 acres of this land is currently at issue in this case and the above documents have been used as proof that the Kawaiisu Tribe of Tejon have held aboriginal title to certain lands since time immemorial and continue to do so legally.    Despite admitting that only a portion of the lands had been surveyed to determine ownership and after hearing from Attorney Robinson, the Native American Heritage Commission of California gave its approval for the Tejon Mountain Village project on October 13, 2009.  

David Laughing Horse Robinson then filed suit in the Eastern District of California.  The Indian Nonintercourse Act is a name given to a collection of six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834.   The Act has been the source of litigation for title to various lands throughout the United States for almost 200 years.

For more information please visit:

Indybay – Kawaiisu Tribe To Continue In Federal Court – 9 February 2011

Angelfire – Kawaiisu Tribe Homepage (Constitution)

The Mountain Enterprise – Second Lawsuit Seeks Injunction – 13 November 2009

Indigenous Peoples Issues – Kawaiisu Letter Writing Campaign  – 26 February 2011

Oklahoma State University Library – Executive Orders Relating to Indian Reservations