20th of September, 1995
History:
- The Otomie Indigenous people, many years ago, were forcibly
moved to these lands where they now live without communication.
- Last century, they were dispossessed and forced to buy back their
own lands with the application of the "Lerdo Law" which prohibited
collective ownership of land by indigenous people.
- After the Mexican Revolution, the lands held by indigenous people
were restored under the title of "Communal Properties". The Presidential
Resolution restoring the Communal Properties of Amaxac to the Otomie
people was passed in 1934.
- Nevertheless, the civil servants in the Secretariat for Agrarian Reform
never executed this Presidential order, which then allowed a handful of
"mestizo" (lit. Mixed race and usually means non-indigenous Mexicans.
trad.) families to invade and usurp the land.
- In 1993, a wave of violence was unleashed that resulted in more than
30 dead, murdered by the caciques (local political bosses). The murders
were all related to land invasions. It was then that the indigenous people
came to ask for our help.
- In December, 1986, Luis Mendoza, the main cacique, was jailed a
few days after having murdered an entire family: father, mother and 3
year old daughter. With this arrest a provisional peace was gained.
- From 1987 to 1991, the indigenous people aided by this Committee,
worked intensively so that the Secretariat for Agrarian Reform execute the
Presidential order of 1934 in favor of the indigenous people. Followed 5
years of legal processes to attain the execution of the order which,
according to the Resolution itself should have been executed 15 days
after its proclamation. We would like to note that the National
Confederation of Campesinos (CNC - for the letters in Spanish), which is
a body of the governing political party (PRI), began to take from that time
a very active part in the defense to the limit of the invaders.
- On the 11th of December, 1991, the Resolution was executed. But
the invaders got a staying order against it. In November of 1993, another
hearing in the Collegial Tribunal of Veracruz ruled in favor of the
indigenous people, cancelling the staying order.
- The Government generously recompensed the invaders for their
eviction from the lands that they illegitimately possessed, since they were
the product of invasion, forced evictions and murders. This
recompensation was calculated by the present federal deputy for the PRI
and leader of the state CNC, Mr. Roberto Alvarez Salgado.
- On the 14th of April, 1994, the Governor of Veracruz, Patricio
Chirinos handed over some 1200 hectares to the Otomie people from the
communities of Pericon, Benito Juarez, Papatlar and Amaxac which
constitute the Communal Properties of Amaxac. This, however, left
some 800 hectares still occupied by invaders. From that date, there
began a new wave of invasions of indigenous lands.
- En May, 1994, the State Government, at the insistence of the CNC,
forced the indigenous people to sign an agreement with these invaders
that allowed the invaders to remain with 34 hectares each despite the fact
that each member of the Communal Properties only has the use of 10
hectares as a result of their equal share. The agreement was signed.
- The peace was not won. On the 23rd of June, 1994, a young
indigenous man, Santiago Domingo Cristobal was murdered. This crime
still has not been investigated.
- The land invasions continued. In November, the indigenous people
submitted a legal complaint against the invaders. In April, 1995, the
State Attorney's Office handed over the investigations to the Judge, but
did not deal with the accusations of illegal carrying of weapons, of threats
and illegal association. The Judge immediately signed a release of the
accused. The indigenous people asked the Attorney's Office to challenge
this failure on the Judge's part.
- On the 14th of September, 1995, the Judge declared that the
sentence in favor of the land invaders had been confirmed by the State
Collegial Tribunal of Justice and that the State Attorney General,
inexplicably, had signed an order of cancellation of the challenge against
their release.
Impunity reigns in the Northern Sierra of Veracruz. Amaxac is proof of
it and, in this case, we have the facts to substantiate it. We have daily
informed the State Governor of what is happening: the acts of violence in
the Sierra, the arbitrary decisions of the Attorney's Office and of the
courts. All useless.
The Government is closing all legal avenues to the indigenous people.
We fear that if the indigenous people take the initiative to take back their
lands, the Government will violently intervene to punish them for acting
outside the law.
For this reason, we are asking you for some international assistance
to defend the Otomie indigenous people of the Northern Sierra of
Veracruz. We vehemently oppose the impunity of the caciques granted
by the Veracruz State Government in this northern region of the State.
Suggestions for Urgent Action:
Mr. Rodolfo Duarte Rivas. Justice Attorney for the State of Veracruz.
Xalapa, Veracruz, Mexico.
Dear Mr. Attorney,
We protest in the strongest possible terms the impunity of the crimes
against the Otomie indigenous people of the Communal Properties of
Amaxac. Your cancellation of their legal action appealing against the
release of Gaspar Gomez and his accomplices leaves without punishment
the crimes of invasion, eviction, threats and illegal carrying of fire arms
designated for the exclusive use of the Army and police forces, and of
illegal association.
We are deeply alarmed by this, even more so for the news we have
received of excessive action and, in some cases, violence, on the part of
the police in the municipalities in this northern region of the State.
President Zedillo has promised a renewal of the Justice institutions in
Mexico. You are responsible for the direction of the most appropriate
institution to make that promise reality for the Otomie people of the
Communal Properties of Amaxac. With respect and insistence, we ask to
to act in accordance with the office you hold.
Sincerely,
Cc.: Dr. Ernesto Zedillo, President of the United States of Mexico.
Mr. Patricio Chirinos, Governor of the State of Veracruz.
Mr. Jorge Madrazo, President of the National Human Rights
Commission
FAXES:
Justice Attorney of the State of Veracruz,
fax: (52 28) 17 0741; 17 6168
Governor of Veracruz, fax: (52 28) 18 9488
President of the Republic, fax: (52 5) 515 8005
President of the National Human Rights Commission, fax: (52 5) 681
Source: CHIAPAS-EL List chiapas-el@mcfeeley.cc.utexas.edu
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