FIRST CARAVAN OF OBSERVATION OF the RIGHTS OF the INDIAN TOWNS and BY the FREEDOM OF PRISONERS Politicall and OF CONSCIENCE OF OAXACA 24, 25 and 26 of October of the 2003COMMUNITY: SAN ISIDRO ALOAPAM. 1, History: Description of the community. The community zapoteca of San Isidro Aloapam, pertaining to the municipality of San Miguel Aloapam, in the North Mountain range of Ixtlan, Oaxaca., in the sector known like Marks Perez, this populated by 1.300 indigenous all hablantes with its language. One is in the middle of a rich wooded zone in pines oyamel, encino, avocados, ashs and other varieties of you hoist and plants. Their inhabitants live on the Earth culture to produce corn, frijol, wheat, haba, chilacayote and chicharo. They have enormous natural resources, especificamente forest wealth. Although in the ultimos years, given the rain shortage, many men have had to face a temporary situation of emigration, in search of better economicas alternatives to correct in something the situation of their families like of the own community. The Tequio practices, that is to say, the gratuitous collective work, to make works in benefit of the community; also guelaguetza practices, that is a work of mutual aid to solve individual or communitarian problems, for example, to seed milpa a farmer receives you help of other farmers, or all, to which as well, aid when they ask for it; also for the celebrations all contribute with something and that gives them right to receive aid when they need it, that is to say, is an action where others are helped an a. These you practice communitarian are the sustenance of the community and fundamental part in its relations of coexistence. The Authorities are named by uses and customs in general assembly under the system of positions and with an year of anticipation inclusively. Most of the services whereupon counts have been constructed with the cooperations and works of the same community. Segun testimonies of the old ones of the place, and that is considered like one of the instances with moral authority of the community, (by the way several of them founders of same and the old settlers of San Miguel Aloapam); origenes of this population is sent at the beginning of century XX, due to the constant invasions of aledanos towns, like San Miguel Bumblebees, Santa Ana Yareni, San Juan Baptist, to communal territories of San Miguel Aloapam. Asi, is until the 1944 year when the first settlers, neighbors of San Miguel Aloapam, get to defend their territories of the invasions and decide to remain in this rancheria that before I am called Farm Cave, also found the Palace of the Municipal Agency and a school, since the ninos in scholastic age were many that there were. This way, in 1945 a representative gets from the government to meet itself with the authorities of the people to authorize categoria to him of Agency legally. And he is at the beginning of 1946 that obtains categoria officially Municipal Agency San Isidro Aloapam. For the 1953 year, Since of diverse legal managements, obtains through communal Commissariat of San Miguel Aloapam, the participation of rights by the logging, for it, is in 1954 when the edges and the colindancias of the joint forest of San Miguel Aloapam settle down officially and rises a census for the remission to the office of the Agrarian Reformation. Again in 1982, there is an official reframing, and it is the topografo Abel Soriano Diaz, of the Secretary of the Agrarian Reformation, in coordination with San Miguel Aloapam when they are remarcan you limit them of territories of the communities, the calls Trinos points. The 22 of August of that year, being President Propietario of the Council of Municipal Monitoring of San Isidro Aloapam Mr. Santiago Perez Cross, I summon a general assembly to both raise a census of towns, and in which asento 382 comuneros of San Miguel Aloapam and 141 comuneros of San Isidro Aloapam. Act that was published in the Official Newspaper of the Federation. 2. Antecedents b) agrarian Problem and logging. Being San Miguel Aloapam the municipality and San Isidro Aloapam the Agency and, annexed as well agrarian of San Miguel Aloapam comenzo the logging of the natural resources in the 1963 year, to traves in an agreement with the company Fabrica de Papel Tuxtepec, with that establecio a contract of concession of 25 years of purchase and sale of forest products of San Miguel Aloapam and the Agency of San Isidro Aloapam, since both towns are in possession of communal lands. During this period, the Agency San Isidro Aloapam recibia 30% from which it was from the logging, being the people with comuneros minors, being a common agreement for both towns. The problems arise when San Miguel Aloapam refuses to recognize the participation in the production of the comuneros of San Isidro Aloapam, and already in 1974, it determines to deprive them of his participation of the forest advantage that him correspondia. This situation forces the comuneros of San Isidro to resort to the then Agrarian Delegation to denounce the abuse, and by means of company/signature of an Agreement with date 11 of July of that same year, they force San Miguel Aloapam to give 25% them of the forest advantage. Although by then, from 1985 and to 1994 the participation of the comuneros of San Isidro Aloapam I limit myself to receive a single pay to which they worked and the comuneros of San Miguel remained with the utilities by the logging. That is to say, they received a treatment of wage-earning and not of proprietors. Nevertheless, in the Act of Execution of the Presidential Resolution of date 26 of August of 1981, published in the Official Newspaper of the Federation the 3 of November of the same year, which Recognizes and Titles the Community goods of the people of San Miguel Aloapam and their Annexed San Isidro Aloapam, and whose execution of this Resolution I am made the 30 of September of 1982, it is until this moment at which the comuneros of San Isidro Aloapam realize that in same the single one they appear recognized the 387 comuneros of San Miguel Aloapam and not them 141 comuneros of San Isidro Aloapam. Before this situation comuneros of San Isidro are in clear disadvantage legal, because they are the authorities of San Miguel Aloapam that have not known them completely, nonsingle suspending from 1995 to the date, the proportional part by the advantage of the logging that corresponds to them, but also accused them of invaders pertaining to the community of San Miguel Bumblebees. Already for the 10 of April of 2003, the Agrarian Unitary Court of District XXI, of the city of Oaxaca, I dictate a new sentence in the sense to recognize like comuneros 108 of 412 that asked for it in that period, that is to say, I only leave to 304 comuneros without same legal recognition and Still them nego to all the payment of the benefits that let perceive from 1995 to the date. The comuneros of San Isidro have carried out a fight by the recognition of their rights like comuneros before all the legal instances. Since in 1995 the Commissariat of Community goods of the municipality turn an office where them prohibio even the use of the lena for the consumption domestic servant, privandolos of its right like duenos of the forest and senalando that the duenos unicos are the inhabitants of San Miguel Aloapam. This kind situation against the uses and customs of the community in clear violation of the foundations senalados in Agreement no. 169 of the Organizacion the International of the Work that in his I articulate 2 very textually no. senala: "the governments you would deberan to assume the responsibility to develop, with the participation of the interested towns, an action coordinated and sistematica with a view to protecting the rights of those towns and to guarantee the respect of its integrity." At this moment, the inhabitants of San Isidro Aloapam no longer demand to be you participate in the logging, on the contrary, demand the legal recognition of their earth to avoid the logging that the comuneros of San Miguel Aloapam make in complicity with several governmental institutions like the SEMARNAT, PROFEPA, Secretary of the Agrarian Reformation, among others. They denounce that there is a cutting of the forests of indiscriminate way causing a imbalance in the very serious biodiversity, because nonsingle they are you hoist them of pine, but also the natural water distribution through subsoil and the disappearance of diverse species. But also they denounce that this fight by its recognition as duenos legitimate has taken them to be victimas of a harassment to its inhabitants and a Politicall persecution even to its authorities by prefabricated crimes. Then they senalan that the people of San Miguel Aloapam bond of complicities with the local government with impunity to be continued acting, because already there is presence of assault groups, as Torch Farmer who has senalamientos of being a paramilitary group. 3. PREOCCUPATIONS 1. The absence of an official recognition like comuneros to the settlers of San Isidro Aloapam, that from always has been part of communal lands of San Miguel Aloapam, this generating conflicts that can be manipulated as intracommunitarian disputes, when it is the State that has the responsibility to clarify the legal situation of each one of the members of the community. For that reason the recognition as comuneros is the main demand of the community, because on her the Earth management depends and therefore the economico sustenance and its viability like indigenous community. Asi, in the interpretation of the fact of the interception of the lumber trucks (file 26/2000), if its condition of comuneros is recognized, also duenos of the forest, simply estarian avoiding that destroyed the forest and robbed their wood. And in the interpretation of the fact to construct cabanas in the breach of extraction of the wood (file 36/2000), simply they can do, like community, which decides with their forest resources. The same it happens with the problems derived from the construction of the highway to Santa Ana Yareni, in whom never they had needed the authorization of the comuneros. 2. The community of San Isidro Aloapam comes looking for solutions this conflict under a communitarian performance that vindicates its legal rights towards of ways and of nonviolent actions. The answer that the State makes before the performances of the community in defense of its rights allows us to think that there is will of the no governments state and federal to make use of the existing instruments to reach the pacificas solution of the conflict by vias. 3, Sistematicas aggressions and threats to the community. The community of San Isidro comes suffering at least from 1999 sistematicas aggressions in terminos from threats, harassments, fisicos and psicologicos imputation of false processes and attacks, as it is written down in the description of the facts. 4. The performance of the justice organisms and the teaching of justice. Between the irregularities observed in the processes that are carried out against the community of S. Isidro we emphasized the following preoccupations: - the creation of false positions to members of the community of San Isidro Aloapam (November of 1999, April of 2000 and 11 of August of 2002). - Inculpacion to some members of the community that did not participate in the facts, including a a person who at the moment of the facts was in the United States. - To fourteen people, you lead of the community, positions by participation in two facts are imputed to them that took place in different dates and places. Situation that can indicate that there is a pressure so that these people let act in defense of their rights. - Delay in the punishment to the aggressors since Since of the facts happened in July and August of the 2002 todavia has fifteen months not been judged. - illegal Halting of five members of the community the 11 of August of 2002, since false positions are imputed them and the halting is made with violence, without any respect to its rights. It is significant that the attacked people are denounced like aggressors. 5, Passivity and omissions of the civilian authorities and police. To start off of the facts already briefed, in the performance of the civilian authorities and police we have observed the following omissions and delays: - the 28 of Julio of the 2002 before the ambush to members of the CIPO of San Isidro, were alerted the preventive police and single it goes until the following day. - the 7 of August of 2002 members of the CIPO denounce before the civilian authorities and juridicas a "imminent aggression" for days 11 and 12 of August, that I do not cause any answer of the authorities. - the omission of the preventive police before the aggression to the women in the facts of the 11 of August and the passivity before the illegal halting of these five people. - Before the facts of the 11 of August, the community of San Isidro Aloapam calls to the authorities and these do not appear in the place of the facts but 24 hours Since, with aggravating of which there are people who require medica attention. - the 12 of August, in front of civil employees of the ministry I publish of Ixtlan, Oax., are attacked members of the CIPO-RFM that was asking for the liberation of their companeros. 6, Performance of the municipal authorities of San Miguel Aloapam. - the participation of the municipal authorities in the planning of the facts of the 11 of August, was announced one week before and therefore it was not a spontaneous action impossible to prevent. - the municipal authorities of San Miguel Aloapam forced the members of their community to give cover to the aggression that habian glided against the members of the community of San Isidro Aloapam, under coaction and engano (said to them that they were going to reforest) - the municipal authorities nonsingle glide but that direct and execute the operative one carrying firearms 7, Existence of performances of paramilitary type. - the participation of the group "Torch Farmer" in the facts of the 11 of August takes place with the connivencia of civilian authorities and police. "Torch Farmer" is one organizacion that presents/displays antecedents of violent facts against communities farmers of the zone. The connection PRI member as much of "Torch Farmer" as of the civilian authorities of the community of San Miguel Aloapam it shows the possibility of a Politicall connivencia based on economicos interests and aggressive against the community of San Isidro Aloapam. - the presence of the preventive police during the execution of the violent facts is characterized by the complicity since they do not prevent the aggressions, neither stops the aggressors, nor avoids the kidnapping of the five stopped illegally. - the existence of a permanent pitch control in the highway to San Isidro Aloapam, with a chain that prevents access one via publishes this violating the right to the free one I journey of the inhabitants of the zone with the consent of the authorities that do not make anything prevent it. 8, Performance of the PROFEPA. Llama the attention that the PROFEPA has not acted against the comuneros of San Miguel Aloapam when these do not respect the directives of the SEMARNAT, that had suspended cuttings to it of the forest in the zone of the conflict. The comuneros of San Miguel Aloapam have not fulfilled the obligation either to reforest the destroyed zones of forest. On the contrary, to San Isidro Aloapam that is against the destruction of the forest and makes activities to conserve it are sanctioned to them by but minimo of his actos.(1) 9. - He is worrisome that before the stop Index of migration of the settlers of San Isidro Aloapam, the government of the state does not recover the communitarian alternatives to avoid that this happens. And less todavia acts its as to provide the resources so that the towns take care of their necessities of development from their own vision. Caravan of Observation I state with testimonies of community and of CIPO-RFM which the facts that have come giving in the community from San Isidro Aloapan exist serious violations to the rights of Equality before the law, respect to the life, personal integrity, to the juridica security, the freedom of thought and expression, freedom of reunion and association, the Politicall rights, the right of property and the one of request protected by the articulos: 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18, 19, 20, 22, 23, 27, 35 and 123 of the Politicall Constitution of the Mexican United States; 3, 5, 7, 8, 10, 11, 17, 19, 20, 21, 26 and 27 of the Universal Declaration of Human rights; 4, 5, 8, 9, 10, 13, 15, 16, 21, 23, 24, 25, of the American Convention of Human rights; I, II, IV, V, I SAW, VII, XII, XIII, XV, XX, XXI, XXII, XXIII, XXIV, XXVI, and XXX of the American Declaration of the Human rights; 2, 4, 6, 7, 9, 10, 14, 15, 19, 23, 24, 25, 26 and 27 of the Pact the International of Rights Civiles and Politicall; 2, 3, 10, 13 and 15 of the Pact of Economicos Rights, social and cultural; 1, 4, 5, 7, 9, 18, 24 and 26 of Agreement 169 of the Organizacion the International of the Work. 4.-RECOMENDACIONES 1. That the Federal Government, the Government of the State, orchestrates the pertinent measures so that the Commissariat of Community goods of San Miguel Aloapam, in application of legislacion effective, respects the rights like comuneros that have the 108 people of the annex of San Isidro Aloapam according to the resolution of date 10 of April of 2003, ratified in September of 2003 (2), Still as the RAN does the delivery immediate of certificates of agrarian rights to the people benefitted with the resolution and of entrance to it transacts for the new registry of all the comuneros that make lack. 2. That the 11 of August of 2002 is applied to the law against the municipal authorities of San Miguel Aloapam by the happened facts where 2 women aborted because of the blows, in agreement penal process 117/2003 3. That the judicial processes of files 26/2000 and 36/2000 against members of San Isidro Aloapam by the defense of their forests are annulled, in which is appraised manufacture of crimes and inculpacion of people other people's to the facts, Still like irregularities in acting of the judicial authorities and power of attorney of justice. 4. That the municipal authorities of the government of Oaxaca and authorities act within the framework with justice and of the State of right they give the municipal participation to the agency of San Isidro Aloapam. 5. That the performances of paramilitary type of Torch are investigated Farmer in the state and east group disarticulates, applying the law against the members of this group that have committed crimes. 6. The measures are granted you will prevent that they correspond to avoid new aggressions to the community, is eliminated the chain that closes the passage in the highway to the height of the called place "the camping", where is installed a species of control house, and it is possible to be journeyed freely. 7. That the logging is suspended that San Miguel Aloapam makes and permissions are not authorized to him but, until the agrarian conflict is solved of definitive way and they are put in agreement with his annexed San Isidro Aloapam. 8. It is sanctioned as it corresponds to the authorities of the Semarnat that allowed the logging and supported with it the actions of injustice against the community of San Isidro Aloapam. 9. That the participation of Mauro is investigated Francisco Mendez, Romualdo Pacheco and Candido Coheto Martinez by their participation in the actions against the community, because the evidences senalan that from his position of Delegate of local and federal Government and deputies they encouraged, promoted and executed acts against the community of San Isidro Aloapam. 10. It is sanctioned as it corresponds to the judicial authorities and of Human rights, that having knowledge of possible aggressions to the community did not make anything avoid it. 11. That the governments federal and state orchestrate previous consultation and in agreement with the community programs, economicos, productive, social and cultural projects of integral way that avoid the emigration and promote the development with perspective of I generate and without excluding anybody. 12. That he stops the harassment and repression to the inhabitants of San Isidro Aloapam, from the judicial authorities, of administrative power of attorney of justice and by the simple fact to exert the constitutional right of free association and to comprise of the CIPO-RFM. 13. That the measures are granted you will prevent agreed in mutual agreement to guarantee the physical and psychological integrity of Raul GATICA that in reiterated occasions has undergone death threats, harassment. That the state is investigated exhaustive and impartially that previous inquiries 413/CDA/2003 keep, 6266/SC/2003, 1118/PJE/2003, 242/2001, 52/F.M./2002 before the General Procuraduria of Justice of the state; and of fulfillment to the Recommendation of CNDH 26/99, and they make agile the determination of the files of the State Commission of human rights of State CEDH/590/OAX/2003, CEDH/CA/236/01/OAX/2002, CEDH/737/08/OAX/2002. Notes: 1. To see opinion of Profepa. 2. To see Annexed #1 Report: Community of Santa Maria Yaviche Report: Community of San Isidro Aloapan Report: Prisoners of conscience of the stateof Oaxaca Uprising of support to the caravan Introduction |