The case of Bernardo Caal Xol

Between half of the 70s and beginning of the 80s, the democratic processes in Latin America took place in countries like Argentina, Brazil, Peru, Ecuador and in different aspects in countries like Mexico, El Salvador, Guatemala and Honduras. All of these countries found or are still confronting problems consolidating their democracies. In the case of Guatemala, the internal armed conflict of more than 36 years uncovered a military strategy of genocide against the indigenous people. After the Peace Accords were signed in 1996, transitional justice mechanisms were established to achieve peace and to build the foundations of a new democratic era. However, that did not imply the eradication of a deep-rooted racism, human rights violations or the acceleration of democratic transformation. In turn, the internal armed conflict laid the groundwork for criminal organizations, including several that spawned from state intelligence and military services. These organizations, collectively known as ‘Illegal Bodies and Clandestine Security Apparatuses’ (Cuerpos Ilegales y Aparatos Clandestinos de Seguridad/CIACS) remained operational and later evolved to become what has been called ‘illicit political-economic networks’ that seek to co-opt public institutions in their favor. This system of corruption, impunity and racism allows the exclusion and criminalization of indigenous people defending their land, natural resources and their human rights. Furthermore, this is often the action carried out by the State against the human rights defenders when the interests of international companies, including European ones, are at stake. An alliance in which it can be said that companies and the government act against the population. To counteract these human rights attacks, the efforts of the civil society organizations together with the international support and pressure have been the leverage needed to achieve positive results.

Based on an interview, this lecture will analyse how the criminalization of indigenous people occur, the causes, challenges and the ways in which the civil society organizations with the support of international partners (in this specific case with the support of Flemish organizations and networks), have made pressure on the governmental institutions to free Bernardo Caal Xol, a Q’eqchi’ leader from Guatemala, illegally imprisoned for seven years for defending the Cahabón river, sacred for the Maya Q’eqchi’ and needed to survive.