Ongoing Struggles for Justice: Criminalisation of Maya Ch'orti' Indigenous Defenders in Guatemala
On 25 February, the court hearing for community members of The Ch'orti' Maya Indigenous Council of Olopa was postponed for the second time, with a new date set for 31 July 2025. The Indigenous human rights defenders were criminalised for their peaceful resistance against the Los Manantiales mining company and their defense of land and territory. They remain under house arrest as they await trial, highlighting the lack of due process in Guatemala’s justice system and the significant challenges faced by Indigenous human rights defenders.
The criminalised defenders attend a court hearing in January 2023
Who are the Maya Ch’orti’ Indigenous Council of Olopa?
The Maya Ch’orti’ Indigenous Council of Olopa is a collective of Indigenous communities in Guatemala dedicated to defending their land, culture, and rights. They seek official recognition, protection of their spirituality, and the right to free, prior, and informed consent and consultation for mining projects. Their efforts also focus on mitigating the health impacts of mining, combating illegal logging, and addressing gender-based violence.
In 2016, the mining company Cantera Los Manantiales began operations in El Carrizal, Olopa, without conducting an environmental impact assessment or consulting affected communities, violating Convention 169 of the International Labour Organization (ILO). The Maya Ch'orti' communities opposed the project, leading to legal and physical retaliation against them.
In 2017, 22 Indigenous leaders were accused of crimes such as trespassing and arson by the mining company. Amid growing threats, the communities demanded the mine’s closure. In 2019, the 11 affected Indigenous communities, with support from the 'New Day' Ch'orti' Campesino Central Coordinator (CCCND), organised to defend their territory and natural resources. This collective effort culminated in the establishment of the Peaceful Resistance of Olopa, which set up a permanent sit-in (plantón) to protest the mining activities. The Ch'orti' Maya Indigenous Council of Olopa has played a pivotal role in this resistance, working with the Peaceful Resistance of Olopa to stand against the mining operations imposed without their consent. That same year, multiple firearm attacks were recorded against protestors. The mining company then filed criminal complaints against 38 resistance members, accusing them of kidnapping and aggression.
In August 2019, the Council of Maya Ch'orti' Authorities of Olopa sought legal action, and by November, the Supreme Court of Justice (CSJ) ruled in favor of the communities, ordering the suspension of the mining license due to consultation and environmental violations. However, in 2020, the company resumed operations despite the court order, coinciding with COVID-19 restrictions. The Ch'orti' Indigenous Council reported ongoing violations, including harassment linked to the mine, and blocked roads leading to the mining site until a final resolution was reached.
PBI volunteers observe a ceremony of the Maya Ch’orti’ Indigenous Council of Olopa
Key Events in the Criminalisation of Human Rights Defenders
2021
8 July: The Supreme Court of Justice (CSJ) grants a final judicial remedy in favor of the Maya Ch'orti' Indigenous Council, ordering the closure of Cantera Los Manantiales' operations.
23 August: The Court of First Instance of Chiquimula issues arrest warrants against several members of the Peaceful Resistance.
29 September: Five members of the Peaceful Resistance are arrested by the National Civil Police and accused of kidnapping.
30 September: Indigenous authorities María Méndez, Bernardino Pérez and Juan Agustín, as well as human rights defenders Santos Gerónimo Ramos Méndez and Rosa Margarita Pérez Canán, were summoned to testify before the judicial body in the municipal capital of Chiquimula. Upon appearing before the judge, it was revealed to them that they had been summoned under the false premise that they were to testify in a different case and they were informed of an arrest warrant issued against them by a judge of First Criminal Instance of that department. They were then arrested, but were not informed of the reasons for their arrest. Later that same day, they were charged with the crime of illegal detention, as decided by the First Instance Court of Chiquimula in a first declaration hearing. Rosa was separated from her two daughters, who were still breastfeeding. The minors were taken, unaccompanied, in a police patrol car to the municipality of Esquipulas and later to the 23rd police station in Olopa. In the afternoon they were handed over to family members who arrived at the police station accompanied by Indigenous authorities.
2022
9 January: The Indigenous authority Felipe Díaz Ramos was detained under the same judicial complaint, for the crime of illegal detention. The Court granted him house arrest without bail. This arrest is added to those of the five community leaders arrested in 2021.
2 February: The charges against the five community leaders arrested in 2021 are amended from abduction to unlawful detention.
6 June: The Judge of First Criminal Instance and Narco-activity of Chiquimula sends the first group of six criminalised Peaceful Resistance members to oral and public debate for alleged illegal detentions.
2023
4 January: The Judge of First Criminal Instance and Narco-activity of Chiquimula brings a second group of criminalised individuals, members of the Peaceful Resistance, to trial for alleged illegal detentions.
22 March: The Judge of First Criminal Instance and Drug Trafficking of Chiquimula dismisses the case against four of the community leaders, who were included in the initial complaint in 2019, citing a lack of evidence of their involvement in illegal detentions.
17 April: The Public Prosecutor's Office appeal the decision and the Mixed Court of Appeals of that department revoke the dismissal so that the four people would be sent to oral and public trial.
2024
12 April: Judge Juan José Regalado opens a trial against four community authorities of Olopa, following the mixed regional court's decision to reverse a prior ruling.
18 July: Start of oral and public debate scheduled against 10 human rights defenders opposing Los Manantiales mining company. The trial is later suspended and rescheduled.
2025
25 February: The Oral and Public Debate against 10 human rights defenders who opposed the mining operations of Los Manantiales in Olopa was due to take place, but was again rescheduled, for 31 July.
Members of the Maya Ch'orti' Indigenous Council of Olopa stand in solidarity against the mining on their land
Criminalisation as a Tool of Repression: Strategies and Impact
The criminalisation of human rights defenders is a strategy used by actors linked to companies and other powerful actors to paralyse opposition, instill fear, and discourage advocacy. Human rights defenders are frequently subjected to defamation campaigns, false legal accusations, and arbitrary arrests. Charges such as aggravated trespassing and illegal detention are commonly used against them, often without sufficient evidence. These legal processes tend to be lengthy and drawn out, leading to prolonged pretrial detention or restrictive alternative measures, such as high bail amounts or mandatory court appearances. In many cases, defenders are prohibited from participating in human rights activities as a condition of their release, effectively silencing them.
The impact of these injustices is profound. Criminalised human rights defenders and their families face severe economic, physical, and psychological hardships. Many spend years awaiting trial, unable to work or continue their activism. The fear and uncertainty associated with legal persecution create significant emotional stress, while community movements are weakened by the targeting of key leaders. The broader implications extend beyond individuals, as these actions erode democratic spaces, limit civic engagement, and spread fear among those advocating for Indigenous and environmental rights. The systemic use of criminal law to suppress human rights defenders not only threatens individual defenders, but also undermines the collective struggle for justice and human rights in Guatemala.
Norma Sancir attends a court hearing during her case
Similar Cases of Criminalisation in Guatemala
Norma Sancir (Journalist): After nine years of legal battles, a judge finally found three members of the National Civil Police (PNC) guilty of the illegal detention of journalist Norma Sancir in 2014. Read more here.
Community Council of Retalhuleu (CCR): Four human rights defenders faced over five years of criminalisation on charges of coercion, threats, and illegal detention before being acquitted due to lack of evidence. Their prolonged legal battle severely impacted their freedom of movement, economic stability, and access to healthcare Read more here.
Jorge and Marcelino from the Community Council of the Highlands (CCDA): Imprisoned since 2018, Jorge Coc Coc and Marcelino Xol Cucul remain in custody despite legal appeals. Their case, now before the Inter-American Commission on Human Rights (IACHR), reflects the continued criminalisation of Indigenous leaders defending land rights. Read more here.
The four criminalised CCR community members attend the hearing of the presentation of evidence in their case
The Urgent Need for Justice and International Solidarity
The case of the Maya Ch'orti' Indigenous defenders in Olopa is a stark example of the systemic criminalisation faced by those protecting their land, culture, and human rights in Guatemala. Despite legal victories, including a Supreme Court ruling ordering the mine’s closure, the affected communities continue to endure legal persecution, harassment, and delays in due process.
This pattern of criminalisation is not unique to Olopa but reflects a broader strategy used to silence Indigenous and environmental defenders across the country. By imposing fabricated charges, prolonged legal battles, and restrictive conditions, mainly actors linked to powerful economic interests seek to weaken resistance and discourage activism. The social, economic, and psychological toll on the accused and their families is severe, eroding democratic spaces and limiting the ability of communities to fight for their rights.
As these defenders await trial, their struggle remains a testament to the resilience of Indigenous communities in the face of injustice. Continued national and international solidarity is crucial in ensuring their rights are upheld, impunity is challenged, and Indigenous land defenders can continue their vital work without fear of persecution.
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