By Ellis R. Cortez
Impunity Watch Reporter, South America

SAO PAULO, Brazil — The Brazilian Justice Ministry said on Wednesday, June 5^th, that 110 National Force soldiers have been dispatched to Mato Grosso do Sul state where hundreds of Terena Indians are occupying a ranch they say is on ancestral lands.

The ranch is at the center of a land dispute between its owner, a former congressman, and the Terena Indians. Approximately 200 Terena Indians occupied the ranch on May 15^th. Two weeks later police evicted them in a violent clash during which a 35 year-old Indian man was shot dead. The following day, the Indians occupied the ranch again and on June 4^th, another Indian man was injured in an attack by unidentified gunmen. Two others have been reported as missing.

“We must avoid radicalizing a situation that goes back a long way in Brazilian history,” Justice Minister Jose Cardozo told reporters after meeting lawmakers from Mato Grosso do Sul in Brasilia. “We’re not going to put out the flames by throwing alcohol on the bonfire,” he said.

A new eviction order was issued, and Funai, the federal indigenous affairs agency, was informed to peacefully move the Indians off the ranch on June 5th. However, Funai’s press office said a judge suspended the new eviction notice until a federal court rules on the case.

The Indians are also protesting a proposed constitutional amendment that would reduce Funai’s role in determining land for Indian reservations. Under the proposal, Congress and other federal agencies would also have a say in the demarcation of indigenous territory.

Justice Cardozo, however, stressed on June 4^th, that Funai would continue to play a central role as the main institution that defends Indian rights, but others will be brought in to improve the process of deciding ancestral lands.

Brazil’s indigenous land policy, included in the country’s constitution, is considered one of the most progressive in the world, with about 13% of the nation’s territory set aside as indigenous territories.

Similar protests have now erupted across the country. In the Amazon region, the Munduruku indigenous group has been occupying the site where construction is underway on the controversial Belo Monte hydroelectric dam. The Belo Monte dam is set to become the world’s third largest dam and it would be capable of producing 11,233 megawatts of electricity, which is equivalent to about 10 percent of Brazil’s total current generating capacity.

For more information please see:

Washington Post – Brazil deploys elite National Force Troops to contain growing Indian-rancher conflicts – 5 June 2013

BBC – Brazil sends army to indigenous land dispute farm – 5 June 2013

New York Times – Brazil Troops to Contain Indian-Rancher Conflicts – 5 June 2013

Reuters – Brazil calls in army to defuse conflicts over Indian lands – 4 June 2013

 

By Ellis R. Cortez
Impunity Watch Reporter, South America

BOGOTA, Colombia — Colombia’s largest rebel group, the Revolutionary Armed Forces of Colombia, and the Colombian government said on May 26^th that they had reached an agreement on land reform, the first of six points that could make up an eventual peace deal.

In a joint statement issued in Cuba by the FARC and the Colombian government, the sides said they had agreed on “integrated rural reform.” One of its features is a “land fund” into which millions of illegally held or underused acres of land will be placed to compensate those who have lost land or were displaced from their property.

About 5 million acres of land has been stolen from rural farmers by armed groups during the conflict, with twice that amount abandoned by those fleeing because of violence. According to the agreement, farmers will receive loans, technical assistance and marketing advice as well as legal and police protection. There will also be a ten-year effort to bring government, roads and development to the countryside.

The talks at the Havana Convention Center, which have been going on for six months, have focused almost entirely on land reform. Both delegations will take a break for several days, and then begin talks on political participation for the FARC, the second agenda point. They are set to also discuss illicit drugs, decommissioning weapons and how to handle victims of the armed conflict. The discussions are set to resume in Havana on June 11^th.

Colombian government’s lead negotiator, former Vice President Humberto de la Calle, warned that there will be no peace deal until all six points have been agreed upon. Then, the final package will have to be put to a nationwide referendum for approval to ensure “national participation and transparency.” “Now we have a real opportunity to reach peace through negotiations after 50 years of armed conflict,” De la Calle said.

The agreement drew praise at the United Nations in New York, where a spokesperson for U.N. Secretary-General Ban Ki-moon called it “a significant achievement and important step forward.” Ban “wishes both delegations further success in their efforts to reach agreement on the remaining issues and to put an end to Colombia’s long conflict,” the spokesperson said.

The Colombian government sees resolving the half-century conflict as the key to opening up the country to more investment, infrastructure projects and social programs. More than 100,000 people have died during the conflict. The conflict has also diverted billions of dollars from the economy as industries have not been able to function at full capacity and the government is forced to spend heavily on troops and weapons.

For more information please see:

France 24 — Colombia, FARC rebels reach deal on land reform — 27 May 2013

The Telegraph — Colombia reaches deal with Farc rebels over land reform — 27 May 2013

Fox News — Colombia, FARC rebels reach deal on land reform — 26 May 2013

Los Angeles Times — Colombia, FARC rebels reach deal on land reform — 26 May 2013

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BRASILIA, Brazil – 2013 has certainly been a telling time for same-sex relations. While some misguided Catholics appreciated that the Pope approved of same-sex unions, the real story comes from the approval of same-sex marriages in Latin America.  Authorities in Brazil have effectively legalized same-sex marriage, following Argentina and Uruguay in providing equal rights to couples.

Brazil’s National Council of Justice, a panel which oversees the legal system and headed by the chief justice of the Supreme Court announced a resolution on May 14, 2013, stating that notary publics who preform marriage ceremonies cannot refuse to preform same-sex ceremonies. Having been debating this issue after a 2011 Supreme Court ruling they announced that there was no reason for the government to wait for congress to pick up the slack and pass a law extending gay couples rights they already technically and legally have. After this ruling, if a notary public officer rejects the signing of a gay marriage, he could face sanctions. Same-sex civil unions have already been authorized in the country, and this would allow same-sex unions to be converted into marriages, allowing them the same protections that already benefit heterosexual marriages in the predominantly Roman-Catholic nation. From now on, couples in all 27 states will no longer need to petition a judge in order to receive a marriage license, and that includes Brazil’s estimated 60,000 gay couples.

The 2011 ruling recognized stable homosexual unions and that the Brazilian constitution granted them the rights. Chief Justice Barbosa, chief justice of the Supreme Court called it binding, and announced that the lower courts should follow it. However a strong religious faction in congress opposes same-sex marriage and has yet to approve any laws which would support same-sex marriage reform and regulations. Citing judicial activism, Marco Feliciano of the Social Christian Party stated “it’s something most Brazilians do not want” as well that the decisions was “unconstitutional.” Congressman Feliciano, an outspoken opponent of gay rights has called AIDS a “gay cancer.” A week later on May 22, the conservative party appealed the council’s decision to the Supreme Court.

Perhaps bowing down the Brazilian resolution. 4 days later French President Francois Hollande signed into law a bill authorizing marriage and adoption by same-sex couples.

For more information please see:

On Top Magazine – Conservative Leader In Brazil Challenge De Facto Gay Marriage Ruling – 22 May 2013

Telegraph – Brazil Judicial Decision Paves The Way For Same-Sex Marriage – 15 May 2013

New York Times – Brazilian Court Council Removes A Barrier To Same-Sex Marriage – 14 May 2013

BBC – Brazil Judicial Decision Paves Way For Gay Marriage – 14 May 2013

Standard Digital – Brazil Paves Way For Gay Marriage – 10 May 2013

By Ali Al-Bassam
Impunity Watch Managing Editor, News

GUATEMALA CITY, Guatemala — Rios Montt, the former Guatemalan dictator, was found guilty of genocide and crimes against humanity last Saturday for killing more than 1,700 Ixil Mayan Indians during Guatemala’s 36-year civil war.  He was sentenced to 80 years in prison.  Montt is the first Latin American ex-leader to be convicted of genocide, and the first former, or current leader in the world to be convicted of genocide in his own country.

The 86-year old Montt held power in Guatemala from 1982-1983.  After overthrowing one leader during a coup, he was was overthrown immediately after.  During his year-long dictatorship, he commanded his troops to rape, torture, and murder thousands of Ixil Mayans when he implemented a scorched-earth policy against leftist rebels.  Troops massacred the indigenous population because they were thought to be assisting the rebels.  Over 200,000 people died during the course of the civil war.

After the civil war ended in 1996, Montt became a member of congress and was immune from prosecution.  Montt was indicted in January 2012 after losing his immunity when he finished his congressional term.  His attorneys tried to delay the trial in hopes that he would die before facing a court, however, attempts were futile when he and his former Chief of Military Intelligence, José Mauricio Rodríguez Sánchez, went before Guatemala’s Supreme Court on March 19, 2013.

In a courtroom packed with Ixil Mayan people, garbed in traditional clothing, Judge Yassmin Barrios told Montt that he was “fully aware of plans to exterminate the indigenous Ixl population.”  Montt denied the charge, and proclaimed his innocence, claiming he never had control of the battlefield.  Former U.S. President, Ronald Reagan was a supporter of Montt, believed that Mott was “a man of great personal integrity.”  President Reagan believed that the dictator received a “bum rap” from rights groups when Montt implemented a scorched-earth policy.

The courtroom erupted in cheers after Montt, who claimed he had “never authorized, signed, proposed, or ordered attacks on a racial, ethnic, or religious group,” received his sentence.  “I feel happy.  May no one else ever have to go through what I did.  My community has been sad ever since this happened,” said Elena de Paz, an Ixil Mayan whose parents were killed and home was burned by soldiers when she was only two years old.  Nobel Peace Prize winner Rigoberta Menchu was also satisfied by the court’s decision.  “Today we are happy, because for many years it was said that genocide was a lie, but today the court said it was true,” she said.

Amnesty International hailed the verdict, and called Montt’s trial “the trial of the decade.”

For further information please see:

Bloomberg News — Former Guatemalan Dictator Rios Montt Guilty of Genocide Charges — 11 May 2013

The Atlantic News Wire — Rios Montt Convicted of Genocide — 10 May 2013

Human Rights Watch — Guatemala: Rios Montt Convicted of Genocide — 10 May 2013

New York Times — Former Guatemalan Dictator Rios Montt Convicted of Genocide — 10 May 2013 

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

SANTIAGO, Chile – Thousands of students took to the streets today as protestors marched on the Chilean capital of Santiago demanded free education. The second national march of the year, protestors clashed with police despite the peaceful undertone as petrol bombs were met with tear gas and water cannons.

While Chile’s education system is regard highly among Latin American countries, protestors state that they are discriminatory and unfair. While the middle and upper class have access to top schooling, the poor are limited to under-funded state schools with no free universities available.

The movement began with numerous demonstrations in 2011, and shows no signs of letting up. Few have seen any new benefit in the past few years, but education reform is slated to be a large issue during this year’s November Presidential election. Nationwide students marched for the opportunity to the same access to the education systems that the rich of the nation have had for generations. While the movement is mainly peaceful, with students waving signs and chanting, nefarious elements turned parts of the march violent.

Whether or not the protesters themselves have become violent or small groups of ill-tempered individuals who have infiltrated the movement has become the main question for police officers. Throughout Latin America during seemingly peaceful protests, hooded vandals can be seen inciting police officers to take the bait by throwing stones, vandalize shops and throwing homemade incendiary devices. Their intentions however must be questioned, as once peaceful scuffles become increasingly dangerous and disruptive as riot police shut down the protests. Here in Santiago after petrol bombs were thrown, the once peaceful protest was forcibly shut down by police who were attempting to quell the riot favoring elements.

Last month, 100,000 students marched for free education. The protest left casualties as eight officers were injured, one in serious condition after being attacked with acid, with 109 protestors were detained for different offenses.

For more information please see:

BBC – Chile Students Resume Protests For Free Education – 8 May 2013

Edmonton Journal – Chile Students Stage Big Protest Demand Education Reform – 8 May 2013

BBC – Chile Student Protests Resume As 100,000 March – 11 April 2013