Four Months of Manipulation: Electing the Honduran Supreme Court Magistrates

Last night, the Honduran National Congress was unable to secure the 86 votes necessary to approve the final 15 proposed Supreme Court magistrate candidates for the 2016-2023 period. Congress will try again this evening by secret vote, a strategy that the opposition claims will hide the identities of congressional representatives that have sold their vote to the National Party. The political opposition and Honduran social movement have been critical of the election processes that narrowed the candidate pool in approximately four months, as stated by law, from 200 to 97 to 45 to 15 final contestants.

In the center of the militarized perimeter surrounding the National Congress, the opposition voted against the 15 proposed magistrates - 13 from the Anti-Corruption party (PAC), 31 reps from LIBRE party (two abstained due to their position in the Multi-partisan Commission), 1 from the Innovation and Unity Party (PINU), and surprisingly 1 congressional representative from the traditional Liberal party. In total, 82 voted in favor, 44 against, falling 4 votes short of the 86-vote majority that is needed.

Source: Pasos de Animal Grande

In the midst of corruption and irregularities, its difficult to pay attention to a process that is indeed very important on an institutional level, but that is so unsurprisingly flawed and representative of the decades-old status quo in Honduras: the exclusion of the political opposition and social movement and their lack of real institutional power; corruption at every level of the process; the manipulation of the Judiciary by the Executive and Legislative branches of government; and the on-going bipartisan power and domination of the National and Liberal party that represent the ten to twelve families of the Honduran political and economic elite (the oligarquía).

Throughout the four-month process, frequent acts of manipulation and corruption were reported by the independent media, the political opposition, and the diverse Honduran social movement. Below is a list of some of the reported irregularities. A full description of the nomination process in Spanish can be found here.

The election process and role of the Nominating Board (Junta Nominadora):

The Board is responsible for narrowing the list of 200 candidates to 45 and presenting their nominations to the National Congress. By law, the Junta consists of seven individuals that are nominated by each of the seven organizations/groups including the Supreme Court; Assembly of the National Bar Association; National Human Rights Commissioner; The National Council for Private Enterprise (COHEP); Assembly of Legal Scholars from Law Faculties or Schools; Civil Society Organizations; and Assembly of the Labor Federations.

Irregularities:

** The Coalition Against Impunity that is formed by more than 20 organizations of civil society raised concerns about the manipulation by the Evangelical Brotherhood to impose a candidate on behalf of Civil Society Organization, that defends and represent the interests of the government.

** According to the Coalition Against Impunity, the selection of 45 candidates were made based on individual and political preferences of the seven representatives of the Nomination Board instead of on merit, ability, and professional preparation.

** The Board requested information from the U.S. Embassy regarding the candidates. The U.S. Embassy responded with names of 27 candidates that the U.S. believes have been involved in “professional and personal activities that have been on the fringes of the law.”


Transparency and disclosure of information about Supreme Court magistrate candidates:

Irregularities:

** The Institute for Access to Public Information (IAIP) sanctioned the Nomination Board for not disclosing the results of poly-graph tests, investigations of economic status of candidates (used to detect financial irregularities, drug trafficking, corruption, etc), and psychological analysis of each of the 200 nominees.

** Of the 15 final candidates, 8 are affiliated with the National Party and 7 with the Liberal Party. There are no candidates belonging or affiliated with any of the opposition parties.

** Some of the candidates, including those that made it to the final 15 have questionable backgrounds linked to human rights abuses and/or strong political/economic interests:

• Three candidates accepted by the Nomination Board were involved in the arbitrary firing of four judges following the June 2009 coup. The judges’ behaviours were scrutinized by the InterAmerican Court of Human Rights in the Case López Lone y otros Vs. Honduras
• Miriam Suyapa Barahona Rodriguez (Liberal party candidate): One of four magistrates involved in banning Julio Ernesto Alvarado from working as a journalist in Honduras, as a result of a charge against him for criminal defamation. Ernesto Alvardo worked for the opposition TV channel, TV Globo.
• Karla Patricia Garcia Arita (National party candidate): Involved in opening charges against overthrown President Manuel Zelaya, and declared a constitutional challenge to tax increases approved in 2013 on the tail of the IMF agreement, inadmissible.

Canada’s Aura Minerals Terrorizing Honduran Communities For Protecting Their Cemetery

Photo caption: Standing at the edge of the sharp cut in the mountain, less than 100 meters from the edge of the community cemetery

In the evening on Monday, November 23, ten leaders from the mining-affected communities of Azacualpa and San Andres Minas were stopped at a police checkpoint as they left Santa Rosa de Copan in western Honduras. Three of the leaders – Miguel Lopez, Genaro Rodriguez and Orlando Rodriguez – all part of the Azacualpa Environmental Committee were held overnight at the police station on charges of usurpation. Lopez, Rodriguez, and Rodriguez are expected to appear before a judge for a hearing scheduled for December 17th.

Upon returning to Azacualpa after their release, dozens of residents from the community greeted the three leaders at the entrance with a caravan and setting off firecrackers in celebration. The community also reaffirmed its support to maintain a blockade that they started on November 9th, located at the base of a steep cut in the side of Cemetery Mountain (Cerro Cementerio). Without access to the mountainside, Aura cannot continue to encroach on the perimeters of the community cemetery, now located less than 100 meters from the steep slice in the side of the mountain. The recent detentions and provocation are part of a criminalization and repression campaign against the communities and the Azacualpa Environmental Committee. Tired of Aura’s broken promises and failure to fulfill a 2012 agreement with mining-affected communities in the municipality of La Unión, residents of Azacualpa and San Andres Minas have decided to protect what is left of the two mountain tops – Cerro Cementerio and Cerro Los Hornillos – closest to their communities, both of which are in Aura Mineral’s expansion plans.

Using Corruption and Impunity To Force The Closure of Community Cemetery

At the service of the Canadian mining company, Honduran institutions including the Permanent Contingency Commission (COPECO) and the Ministry of Public Health have recently attempted to declare the cemetery unfit citing that it is dangerous, susceptible to land slides, unsanitary, and fails to meet public health standards. Their sudden interests in the conditions of the cemetery coincide with Aura Minerals’ interests in expansion.

Community members argue that the mining operations in close proximity to the cemetery, against the wishes of the local residents, have created some of the conditions being used to justify its destruction. Other justifications are just flat-out inventions. They argue that the corrupt Honduran state – security forces, public prosecutors’ offices, and other state institutions – are simply protecting and acting on the interests of the mining monster in their backyard. In an effort to stop the expansion of the mine, in April 2014 local residents blocked a public road outside one of the entrances of the San Andres mine. It was violently evicted by military and police and charges were pressed against nineteen community members, who are still required to appear before a judge every month. In January 2015, residents of Azacualpa held a community consultation (cabildo abierto) in coordination with the mayor’s office. Azacualpa declared that they were against the closure and relocation of their cemetery and demand that Aura Minerals respect their wishes. The consultation is another effort by the community to demand respect for their gravesites where local communities bury their loved ones.

Photo caption: Standing at the base of the mountainside at the location of the community-led blockade to prevent expansion of mining operation

Photo caption: Community cemetery

Drones, Military Intelligence and Shady Business Contacts: Aura Mineral’s Tactics in Honduras

Immediately following the release of the three leaders of the Azacualpa Environmental Committee early this week, affected communities denounced the presence of a drone hovering over the location of the blockade. They believe that the drone is being utilized by Aura Minerals and its’ private security company, Servicios Especiales de Seguridad (SESER) to provoke the community and to take pictures of and identify individuals participating in the blockade.

Contributing to the fear and tension, the local communities are aware of Aura Mineral’s business relationships in the region. Its private security company, SESER is owned by Angel Rene Romero, a former military commander and congressional candidate for the National Party in the Department of Copan. Rene Romero was part of the infamous military Battalion 3-16 in the 1980s, an intelligence unit inside the Honduran military responsible for political assassinations and torture of state opponents.

Another contract that Aura Minerals holds at its’ San Andres gold mine, is with a Honduran transportation company called INCOBE. The contract involves various machinery and dump trucks that move crushed rock to the location of the mine’s leaching pads. Owned and operated by the Benitez family based in Santa Rosa de Copan, INCOBE holds the concession for the iron ore mine in El Nispero, Santa Barbara, Honduras, where anti-mining and community leader Rigoberto Lopez Hernandez was brutally murdered in May 2014. Lopez Hernandez’s throat had been slit, his tongue cut out, and his murdered body publicly displayed as a clear message to environmentalists around the country in resistance to mining operations.

Canada’s Complicity in Aura Minerals’ Tactics and Operations in Honduras

Aura Minerals was one of few mining companies that operated through the violent and repressive aftermath of the June 28, 2009 military coup in Honduras. Eight months after the coup in February 2010, and in clear support of the post-coup Honduran regime and its economic interests, then President of Aura Minerals, Patrick Downey visited Honduras accompanied by mining and corporate investors and the Canadian Ambassador Neil Reeder. The visit was centered on encouraging the Honduran government to approve a new mining law that would lift the 2006 moratorium that prevented new concessions from being granted.

Years later on January 23, 2013, the Honduran Congress passed and ratified a new mining law without any consultation with mining-affected communities, environmental and human rights groups. Mining Watch Canada publicly denounced that the development of the new Honduran mining law received assistance from the Canadian International Development Agency (CIDA), thus reaffirming the strong support that the Canadian mining industry receives from the Canadian government.

With no respect for community consultations, local discontent, and the protection of a community cemetery, Aura Minerals, supported by the Canadian government is generating more violence in Honduras – one of the most violent countries in the world. As drones snap pictures of the faces of local residents protecting their community cemetery, and former military intelligence commanders protect the interests of foreign investment, Honduran communities are placed in increasingly vulnerable circumstances to the benefit and profit of the Canadian mining industry.

Photo caption: Approximately 120 houses built by Aura Minerals as part of an agreement with the community of Azacualpa. Aura agreed to build three different housing styles and 396 houses in total. Both the number, the styles, and additional community projects as part of the relocation process were violated by the mining company.

Photo caption: Climbing up to the community blockade, La Unión, Copan.

Two Educational Videos: ZEDEs & Tourism Projects on Garifuna Land

ZEDES: NEOCOLONIALISM AND LAND GRABBING IN HONDURAS

A new film about ZEDEs has been released on YouTube titled, “ZEDEs: neocolonialism and land grabbing in Honduras.” The 20-minute film was produced by members of the National Lawyers Guild (NLG) with filmmaker Lazar Konforti and HSN Honduras Coordinator Karen Spring. The film highlights the personal struggles and the legal battles that are beginning to materialize now that ZEDE projects are being planned and developed in Honduras. Please disseminate this film to your contacts, social media, and add it to your organization's website or newsletter. There is no need to obtain permission for screenings. The Spanish version is available here. For further information, see the NLG International Committee website at nlginternational.org.

A National Lawyers Guild (NLG) delegation traveled to Honduras in August 2015 to produce this film documenting the looming threat of the first semi-autonomous zones, known as Zones for Economic Development and Employment (ZEDEs). For further information, access the NLG ZEDE report on the NLG International Committee website at nlginternational.org.

CANADIAN PORN KING ON TRIAL FOR TOURISM PROJECTS IN HONDURAS

On November 13th, 2015, Canadian tourism developer Randy Jorgensen, aka “The Porn King”, appeared in court on charges of illegally appropriating ancestral Garifuna lands. The court ruled partially in Jorgensen’s favour, choosing not to go to a full trial for the time being, but local communities smell corruption and vow to appeal this ruling in Honduran courts and keep on fighting all the way to international tribunals, meaning that Jorgensen’s and others’ investments remain in legal limbo and could still be in jeopardy.

On November 13th, 2015, Canadian tourism developer Randy Jorgensen, aka "The Porn King", appeared in court on charges of illegally appropriating ancestral Garifuna lands.

Check out the website Los Despojados for more great work by filmmaker Lazar Konforti

Canadian Tourism and Real Estate Developer Appears Before Honduran Judge

On November 13, 2015, Canadian tourist and real estate investor, Randy Jorgensen appeared before a judge in Trujillo, Honduras. Jorgensen is being accused of illegal possession of approximately 81 manzanas of land where his company Life Vision Developments has developed the gated-community of Campa Vista. The lots inside Campa Vista are being sold to North Americans seeking vacation homes on the beautiful Caribbean coast of Honduras. Jorgensen illegally obtained the land through fraudulent sales of land inside the ancestral land title of the Garifuna community of Rio Negro and Cristales.

The Honduran judge overseeing the hearing ruled 'sobreseimiento provisional' or a provisional stay which means that there is insufficient evidence to proceed to trial but that the Honduran state representing the Garifuna community has five years to present further evidence. Given the serious accusations against Jorgensen and the threat that the gated-community Campa Vista presents to the cultural integrity and land rights of the Garifuna in Trujillo Bay, the community of Rio Negro and Cristales intend to appeal the decision. The Garifuna communities were not entirely surprised by the judge's decision on the case. Corruption and impunity is rampant in the Honduran judicial system and more likely than not to sway the ruling in favour of a foreign investor with strong political connections.

Over 150 Garifuna gathered outside of the courthouse as the hearing was underway. Marching first from the Cristales neighbourhood, we arrived to the courthouse shortly after the hearing begun. Drumming, singing, holding signs declaring their indigenous rights under the International Labour Organization (ILO) 169 convention, and a banner that read "Randy Roy Jorgensen out of Garifuna territory", the Garifuna communities showed their determination to defend their ancestral rights.

Photo caption: Banner reads "Randy Roy Jorgensen out of Garifuna territory." All photos by Karen Spring

Photo caption: Marching from the Garifuna neighbourhood of Cristales in Trujillo to the courthouse

Photo caption: Protesting outside of the courthouse

Photo caption: Canadian "Porn King" Randy Jorgensen charged with illegal possession of land arrives to the courthouse in Trujillo, Honduras.

Photo caption: Randy Jorgensen (left) waving obnoxiously to the Garifuna community waiting outside the courthouse to hear the results. Hernan Batres (middle), the General Manager of the cruise ship terminal constructed by Jorgensen's second company in Trujillo, Banana Coast, accompanied Jorgensen to the hearing.

Speech to Lenca Communities in Rio Blanco, Honduras by the Special Rapporteur on the Rights of Indigenous Peoples

La visita de Victoria Tauli-Corpuz, la Relatora Especial Sobre los Derechos de los Pueblos Indigenas de las Naciones Unidas (ONU) a Rio Blanco, Intibucá, Honduras el 7 de noviembre de 2015 coordinado por el Consejo Civil de Organizaciones Indigenas y Populares de Honduras (COPINH) La Relatora escuchó los testimonios de las familiares de las victimas de la lucha en contra de la construcción de la represa hidroelectrica Agua Zarca en el Rio Gualcarque.