Hundred Year Timeline of Events in Los Cimientos / Xetzununchaj
Sources: Community of Los Cimientos Archives, CONTIERRA History, Los
Cimientos Alliance, Rights Actions.
1887: First known official acknowledgment that Los Cimientos belongs
to the K'iche - Pedro and Maximo Ysep (Itzep) receive approval from the
Chajul Ixil Town Council to claim the area known today as Finca Los
Cimientos.
1909: Guatemalan President, Manuel Estrada Cabrero, in a national
grant program, officially grants Pedro and Maximo Ysep (Itzep) land title
to Los Cimientos after a witnessed survey, is ratified by majority of Ixil
Town Council. Two members of the Town Council, Sr. Caba and Rivera object
on the grounds that they believe that Chajul lands extend to the Putul
River. This idea is shown to be in error at the time of the survey after
careful study of Chajul municipality title. Ysep (Itzep) title is recorded
in the Public Register of Quetzaltenango. Pedro and Maximo Yzep apply for
and receive Titulos Inmuebles Registrado.
1935: The K'iche (Ysep/Itzep) ownership re-inscribed in the Public
Register under the names of descendants of the Ysep/Itzep brothers, Diego
Itzep Rojop - (a respected, elected community leader) and Felipe Itzep Tum.
These titles are Titulos Inmuebles Registrado.
1967: Municipalities of Cotzal and Chajul attempt to claim Finca Los
Cimientos land through court actions. Court decisions are that the K'iche
titles are affirmed and that the cases are considered Casos Juzgado - court
decisions that are binding for all time - never to be retried or legally
questioned.
1969: Ixil from Santa Rosa, Chajul invade Los Cimientos and kill two
Los Cimientos landowners. Diego Itzep Rojop files court action and the
killers are found guilty yet released due to a plea for mercy from K'iche
community. Diego Itzep Rojop points out that the killers have wives and
children who would suffer if they were imprisoned.
1973: More than 60 individual titles to Los Cimientos, originally
registered to Diego Itzep Rojop and Felipe Tum, were distributed to members
of the Los Cimientos K'iche community at the request of these two community
leaders. Individual titles included in this "dismembration" were recorded
in the 2nd Register of Property, (again Titulos Inmuebles Registrado - a
classification that represents the highest level of a complicated and
costly process that legally protects the Constitutionally guaranteed right
of Private Property - a great effort for a Mayan campesino community.)
1976: Guatemalan Earthquake: Los Cimientos K'iche community
generously contributes significant amount of food to neighboring Ixil
communities and rescues several Ixil from the river. Descendants of some of
those Ixil currently illegally occupy the K'iche owned Finca Los Cimientos.
1981-1983: The Guatemalan Army executes a scorched earth campaign
that results in the massacre of thousands of non-combatant civilians and
burning of hundreds of villages in several zones of Guatemala. Chajul,
particularly the area of Chajul municipality in which Los Cimientos is
located, suffers severe damages. The United Nations sponsored "Commission
for Historical Verification" found that this Guatemalan military campaign
was in truth a genocide.
Early 1982: Forced to flee from intense danger and direct military
threats, 132 K'iche families of Los Cimientos, 672 people, settle in six
Cunen Municipality villages near Nebaj. In six months these villages come
under strong Army control and are given the identity of "Model Villages."
(Villages closely controlled by the Army and "Civil Patrol" units as part
of the Army's contra-insurgency policy.) Army units begin establishing
themselves in Los Cimientos.
1985-87-89: the K'iche present three separate petitions to the
Guatemalan government insisting that their land right be acknowledged. In
each instance, their case is referred to INTA -National Institute of
Agricultural Transformation, which finds the K'iche ownership of Los
Cimientos is legitimate. However, also in each case, INTA lacks the means
of enforcement and political power to order that the Army remove themselves
from Los Cimientos. INTA refers the case to the judicial branch, which
fails to push for a return of Los Cimientos to the rightful owners.
Oct. 1989: The Guatemalan Army establishes a base in Los Cimientos
in order to control the CPR - Communities of Population in Resistance. This
base, established on the K'iche ancestral cemetery eventually becomes what
is known today as "Cimientos Xeputul"- the home site of the illegal land
occupiers. Army brings 50 Chajul Ixil Civil Patrol (paramilitary) families
to live in Los Cimientos. Two of the four Civil Patrol "Military
Commissioners" leading this Civil Patrol are descendants of Sr. Caba and
Rivera who refused to accept the 1906 land survey. The Civil Patrol are
heavily armed and given orders to shoot the K'iche landowners if they
attempt to return to their legally owned land, Los Cimientos. Civil Patrol
units throughout the area become infamous for atrocious human rights
abuses.
1993: Council of Los Cimientos Traditional Priests and Elders
request international assistance, food and funding from The Maya
Connection. The Mayan Connection- Los Cimientos Alliance grew out of this
requested partnership and continues to this day to accompany and advocate
for the Los Cimientos community. With the help of CERJ, Comunidades Etnica
Runujel Juman, a Mayan Guatemalan Human Rights organization that confronted
the brutal Civil Patrols during the 1980s-1990s, Los Cimientos community
files suit against the Minister of Defense, requesting the removal of the
Army base. Decision is in favor of the Los Cimientos K'iche landowners. The
UN sends an official to investigate. The investigation finds that the
K'iche are being deprived of their legal, constitutional, land rights.
1994: 200 K'iche return to their land, accompanied by CERJ and
international accompaniment. Army War Audit confirms K'iche ownership of
Los Cimientos. K'iche appeal to the Inter-American Commission to remove the
Army base in Los Cimientos. The returning group gradually became 97
families, nearly 500 people, by 2001.
1995: A Presidential Commission land study (February, 1995) confirms
the K'iche titles and land rights. The Commission recommends-orders a land
survey to locate the boundary between Finca Los Cimientos and Chajul public
lands. CPR living in Xaxboj, an Ixil village illegally created in Finca Los
Cimientos, stop the survey by threatening the lives of the surveyors.
1998: An agricultural corporation, Agropecuaria Nabalija Anonima,
arrives in court represented by a lawyer well known for his work on behalf
of top military personnel. They claim to have a "pre-existing" title to Los
Cimientos. Nabalija send two helicopters and 40 armed men to Los Cimientos
to evict all inhabitants. The K'iche take the case to court and once again
their titles and land rights are confirmed.
At this same time: The Guatemalan government, in a USAID funded
project, demarcates " Caba Visis Bio Reserve" This amazingly large project
includes nearly all land within the Chajul municipality. Los Cimientos is
included in the "multi-use" zone - as an area where petroleum exploration
and mining development are allowed. Los Cimientos owners are not consulted
during the planning meetings even though all Ixil communities and political
leaders within the target area are brought into meetings concerning the
development of the Reserve.
Also in 1998: An agreement to give up the K'iche claim to Los
Cimientos is sponsored by FONAPAZ. It is apparently fraudulently signed by
four relatives of Los Cimientos landowners. The four were not elected nor
appointed by K'iche landowners to make such an agreement. In a private
arrangement, the group involved in the FONAPAZ agreement agree to accept a
finca name El Soch. Before completing the transaction, the government has
the leader of the four sign an agreement acknowledging that the government
has informed him that El Soch will not support the needs of a community
(minimal water, other residents competing to survive on the barren
mountainous land) and that the government was not to be held responsible.
(CONTIERRA History)
1998-1999: Los Cimientos leaders nationally and internationally
protest the secret signing of the Dec. 8, 1998 FONAPAZ agreement. Community
states that those families (24 titleholders) who wish to go to El Soch are
free and welcome to do so and that the elected leadership, including the
closest relatives of Diego Itzep Rojop and Miguel Tum, demand the right to
maintain their claim to their land. This group includes the majority of Los
Cimientos landowners and families. K'iche are represented before
InterAmerican Commission by CALDH.
June, 2001: CONTIERRA announces they will present results of their
extensive land study on June 26. 70 top level invitations are sent to
governmental and international officials for a presentation in an exclusive
Guatemala City hotel.
June 25, 2001: Chajul Ixil former Civil Patrol living in Xeputul and
some CPR living in Xaxboj attack Los Cimientos community early in the
morning. After allegedly raping two women in front of their children the
Ixil force all families to flee. 67 landowning families are present in Los
Cimientos - 30 more are working for survival money on the south coast
fincas since the Ixil have not permitted the K'iche to successfully farm
their own land since 1994. All local and national governmental law agencies
ignore the plight of the K'iche landowners. All K'iche homes and buildings
are destroyed or forcibly occupied. All belongings stolen, all K'iche food
crops, ready to be harvested, are stolen and sold in Chajul markets by the
outlaw Ixil. Local and national law enforcement agencies do nothing to stop
the theft.
June 25-29, 2001: K'iche flee to San Marcos village near Los
Cimientos trusting that law enforcement will facilitate their return to
their legally owned land. Ixil threaten the leaders of San Marcos and the
K'iche flee again, arriving in the Cotzal Ixil village of Xeputul II - a
community of 29 permanent residents, who share their homesites with the 97
K'iche families until Dec 27 when Chajul Ixil threats and Cotzal Ixil
fatigue again force the K'iche to flee. No investigation of Los Cimientos
is ever made by official law enforcement or human rights observer
organizations.
June 26, 2001: CONTIERRA land study, funded by USAID, World Bank and
the Government of Denmark is presented in the InterContinental Hotel,
confirming the titles of the Los Cimientos K'iche. The study shows clearly
that the titles presented by Agropecuaria Nabalija are "ghost titles' -
titles without land. Many such titles have been presented since the war and
the Peace Accords were signed. During intensive K'iche negotiations with
the government, the director of CONTIERRA attempts to claim that "new
evidence" supports Agropecuaria's claim, even though the director of
Agropecuaria acknowledged during three meetings with the K'iche that
Agropecuaria land is not Los Cimientos.
June, July, August, Sept, October, November, December, 2001, January,
February...2002: K'iche live as penniless, landless "displaced
persons", begging for food from international aid organizations and the
Guatemalan government. At the present time, (March 2002) the K'iche are on
a small piece of land near Nebaj, an area known for overcrowded conditions
and freezing cold nights. They have minimal survival shelter, less than
sufficient blankets, and since mid-January, no food is forthcoming from
international aid organizations. The K'iche negotiating team is meeting
time and again, at their own financial cost, with the government in a
heroic effort to keep their case alive.
July 2, 2001: Lawyer for the displaced K'iche files a complaint
against the Ixil invaders for the crimes of June 25, 2001. A judge in Nebaj
refuses to issue arrest warrants, citing "insufficient" evidence, despite
the presentation of boxes of substantial documentation brought forth by the
K'iche landowners.
July 6, 2001: With Bishop Julio Cabrera of Quiche as mediator,
negotiations begin between the Landowners and the illegal land occupiers.
The K'iche again are forced into defending their right to their land.
Tables of negotiation take place over a period of several months, as the
K'iche plead to return to their ancestral land. The Ixil admit the crimes
committed on June 25 and that the K'iche are the legal owners of the land.
The Ixil also threaten further violence if the K'iche return. The
Guatemalan government states that it is incapable of enforcing the rule of
law in Chajul and states that if the K'iche return home they will be the
cause of a "civil war." The K'iche present several offers of how to resolve
the theft of their land, all including providing land to and sharing the
area with the Ixil. The government states that if the K'iche will "be
flexible"...give up their land, the government will give them new land and
help them with each step of the relocation. Guatemalan governmental
Conflict Resolution Agency, UPRECO, and MINUGUA (UN Verification Team,) are
present. UPRECO is made up of CONTIERRA- Guatemalan land conflict
resolution commission, SEPAZ- Guatemalan Presidential Secretariat of the
Peace, SAE - Secretariat of Civil Intelligence, COPREDEH - Presidential
Human Rights Commission and SCEP - Presidential Executive Secretariat. The
K'iche believe and eventually accept the offer of new land when it becomes
clear that there is no support for the rule of law.
July, 2001: Plan Pueblo-Panama, an international economic project
stretching from Southern Mexico to Panama is launched. Los Cimientos is
within its geographical mandate that includes emphasis on "eco-tourism"
projects.
Oct. 25, 2001: UPRECO publicly states its commitment to a rapid and
permanent resolution to the land dispute. After repeated requests from the
K'iche UPRECO issues a written statement promising to provide new land. Its
goals are to search for adequate replacement land where the K'iche could
live and economically sustain themselves, in return for giving up ownership
for Los Cimientos. In fact, there no longer exists pieces of land available
in Guatemala as large, fertile, productive and water rich as Los Cimientos.
The K'iche offer to accept 2 or 3 pieces of land to arrive at the extension
of land taken from them. They now find themselves locked into a phrase in
the UPRECO offer - stating that the government will give them "one finca" -
the same extension as Los Cimientos. The community continues to suffer in
refugee circumstances, without adequate housing and less than adequate
food. Each week during the negotiations the Los Cimientos representatives
also must attend Humanitarian Aid meetings in order to convince Guatemalan
governmental and international agencies to provide the refugees with
sufficient food to survive.
Nov. 13, 2001: CALDH, Guatemalan based Center for Human Rights Legal
Action again presents the K'iche case against the Republic of Guatemala
regarding the June 25, 2001 attack before the Inter-American Human Rights
Commission in Washington DC. The Commission also has a K'iche case pending
for the 1981-82 Army expulsion of the community and accumulated damages.
Commission sends demands for the Guatemalan government to respond to within
15 days: 1. A public commitment on the part of the State to resolve the Los
Cimientos issue by offering new land to the displaced K'iche landowners. 2.
Compensation for damages since the original displacement in 1981-82. 3.
Public admission of responsibility for that displacement. 4. On-going
information to be provided to the Inter-American commission on progress in
the criminal case against the June 25, 2001 invaders.
Nov.-Dec., 2001: Los Cimientos twice submits proposal to UPRECO
describing acceptable land exchange details, inviting further discussion
and negotiation.. Proposal includes: 1. a request that the government buy
adequate, productive land with clear titles in return for the K'iche giving
up their legal titles to Los Cimientos, 2. Creation of two committees -
Government and K'iche, to search for and evaluate the new land. 3.
Financial and technical assistance to make sustainable life possible on the
new land. 4. Compensation for the million dollars worth of damages
resulting from the June 25 attack. 5. Writing a verified history of Los
Cimientos with the assistance of an NGO. UPRECO promises response yet none
is given to date. UPRECO continues to publicly state that it will be
dangerous for the K'iche to attempt to return to their legally owned land
as the Ixil land occupants continue threats of further violence. Government
representatives repeatedly insist that they are unable to do anything to
establish rule of law in Los Cimientos, nor to bring about the arrest of
the four leaders of the June 25 attack and that the K'iche will be the
cause of violence if they attempt to return. K'iche continue to be forced
to beg for food for their families.
Also in Dec., 2001: As a result of Ixil threats against the small
village where the K'iche have lived as refugees since July, the host
community demands that they leave. December 29 the K'iche relocate to
Batzula, near Nebaj. A local land owner grants them 2 months residency on
an open field. Nights are freezing cold. They arrive with no blankets and
only rolls of plastic to create temporary shelters.
Jan., 2002: Two representatives from government - UPRECO and
SEGEPLAN, agency coordinating humanitarian relief visit community making
promises of food in return for work - building latrines, improving road,
etc. Promise is also made to give food to families with children in school.
Community is running out of food.
Feb. 7, 2002: Los Cimientos representatives present reports of
community having fulfilled work for food projects. SEGEPLAN coordinator
informs them that World Food Program will not accept the above described
work projects and that only the children in school will receive food - if
the Ministry of Education provides either a breakfast or a lunch. Community
is out of food supplies.
Feb. 11, 2002: Community submits written request to UPRECO for them
to initiate negotiations for a small but highly productive land the land
search team has found. Land owner and Los Cimientos Alliance urge UPRECO to
give a positive response as this small area will at least provide the
K'iche with some land to be on and productive crops to sell. No response is
given. Director of SCEP - (governmental ministry sponsoring UPRECO,) is
fired for activities not related to Los Cimientos issue, new Director
arrives.
Feb. 14, 2002: World Food Program visits refugee site. Describes
work (educational programs) for food projects. WFP was notified in advance
that key community leaders will not be present due to morning court hearing
regarding June 25 attack leaders. When a representative from the Governors
office insists on talking about resolution of land issue community becomes
concerned due to past experiences and state that they are not authorized to
sign any documents without the presence of community leaders. WFP
delegation leaves before leaders return at noon. SEGEPLAN receives
complaints regarding Los Cimientos leaders absence and refusal of community
to sign documents.
Feb. 27, 2002: UPRECO meeting that should vote to initiate
negotiations on new land. Los Cimientos request not voted on. The next day,
UPRECO is disbanded, returning the case of Los Cimientos to CONTIERRA.
March 1, 2002: Los Cimientos community must leave refugee site -
there is nowhere for them to go. There is no food forthcoming until WFP
receives "cronograms" from the community regarding educational work for
food projects. There is no confirmation from new SCEP director that the
government will honor the October agreement to buy new land. Rumors from
Los Cimientos say that a government helicopter arrived in February to tell
the Ixil that now the government or a large business now owns Los Cimientos
and the Ixil must prepare to leave. K'iche community is left in limbo with
more than 400 children suffering from exposure related illnesses and
malnutrition.
For a written history refer to: "History".