[Congressional Record Volume 163, Number 183 (Thursday, November 9, 2017)]
[Senate]
[Pages S7152-S7153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONDURAS
Mr. LEAHY. Mr. President, I want to speak about a subject that many
Senators are aware of and should be deeply concerned about.
As we remember, in the early morning hours of March 3, 2016, Honduras
lost one of its most courageous and charismatic indigenous leaders,
Berta Caceres. Ms. Caceres was the general coordinator of the National
Council of Popular and Indigenous Organizations of Honduras, COPINH.
She was gunned down by assassins in her home in the village of La
Esperanza, Intibuca.
Berta Caceres spent her life defending indigenous rights,
particularly to land and natural resources. In 2015, she won the
prestigious Goldman Environmental Prize for her outstanding activism
and leadership. She and COPINH had been supporting land struggles
throughout western Honduras, and because of that--because she was
exercising rights guaranteed by Honduran law and international law--she
and the communities that she and COPINH supported were the frequent
targets of death threats.
In Rio Blanco, her organization and the community of Rio Blanco were
threatened repeatedly as they engaged in peaceful protests to protect
the river and their way of life from the construction of the Agua Zarca
hydroelectric dam by DESA, a Honduran company supported by
international banks.
It was as a result of the threats she received for supporting the Rio
Blanco struggle that Ms. Caceres was granted precautionary measures by
the Inter-American Commission on Human Rights. However, the Honduran
authorities not only failed to protect her, they vilified her and other
social activists like her.
Berta Caceres was an inspiration to people around the world, and her
death was a terrible loss for people everywhere. As I said in this
Chamber the day after her death:
The immediate question is what President Hernandez, and his
government which has too often ignored or passively condoned
attacks against Honduran social activists, will do to support
an independent investigation, prosecution, and punishment of
those responsible for this despicable crime. And beyond that,
what steps will the government take to protect the many
others, including members of COPINH, who are in need of
protection, and to stand up for the rights of people like
Berta who risk their lives peacefully defending the
environment and their livelihoods.
Not surprisingly to those who are familiar with Honduran law
enforcement, the investigation of the murder got off to a bad start.
Not only was the crime scene at Ms. Caceres's home tampered with, the
government's first response to the killing was to attempt to falsely
pin the attack on her COPINH associates. When that went nowhere, they
sought to intimidate the one eyewitness to the shooting, Gustavo
Castro, a Mexican citizen who had been wounded. That also failed.
Thanks to intense international pressure including from the U.S.
Embassy, eight people were eventually arrested, including one active
duty army officer and low-ranking employees of DESA, the hydroelectric
company. This is notable, because the assassination of Berta Caceres
was only the latest of more than 100 reported killings of environmental
activists in Honduras since 2010. Since her death, there have been
others. Investigators for Global Witness, a widely respected human
rights organization that documented those crimes, were subjected to
threats and spurious accusations by Honduran officials who sought to
discredit their report. As far as I am aware, no one has been brought
to justice for any of those crimes, and had it not been for the
international outcry, there is no reason to think that Ms. Caceres's
murder would have been treated any differently.
Shortly after the murder, due to the long history of impunity for
killings of journalists and social activists, Ms. Caceres's family
urged the Honduran Government to permit the Inter-American Commission
on Human Rights, IACHR, to send an independent team of legal experts to
conduct their own investigation. Not only did the Honduran Government
refuse, the Public Ministry has refused to share the bulk of the
evidence with the Caceres family's legal representatives, as required
by Honduran law.
The family also asked that independent forensic experts be allowed to
analyze the ballistics and other evidence. The Honduran Government
similarly rejected that request.
Like Ms. Caceres's family, I also called for an independent
investigation and urged that the concession granted to DESA for the
Agua Zarca project be abandoned. It clearly cannot coexist with the
indigenous people of Rio Blanco who see it as a threat to their safety
and way of life; yet while some of the international banks have
withdrawn, it is 20 months since the murder of Ms. Caceres, and not
only does DESA deny any responsibility, it refuses to cancel the
project.
After the arrests of the eight suspects, there was hope that those
who conceived of and paid for the assassination of Ms. Caceres would
also be tracked down and captured, but that did not happen. For more
than a year, there has been no further word from the Public Ministry
about the case, except that the investigation is ongoing--a familiar
refrain in Honduras where criminal investigations have a way of either
never beginning, or never ending.
The U.S. Embassy also repeatedly assured me and others who inquired
that the investigation was being handled professionally in accordance
with the highest standards. It now appears that was uninformed, wishful
thinking.
After the Honduran Government refused to permit the IACHR to
investigate, Berta Caceres's family arranged for an independent team of
international human rights lawyers to conduct their own review of the
evidence. Over a period of a year, the group, consisting of five
experienced lawyers from the United States, Colombia, and Guatemala,
known as the International Advisory Group of Experts, GAIPE,
interviewed witnesses and analyzed what cell phone data and other
evidence they could obtain from the Public Ministry. While the data
they analyzed represented only a small fraction of what is known to
exist, it included thousands of text messages that revealed a great
deal.
There is now little doubt about the identities of at least some of
the intellectual authors who conceived of and paid for the
assassination of Berta Caceres; yet the Public Ministry has failed to
act on this evidence, perhaps because it implicates DESA executives
with ties to officials in the Honduran Government.
As I said on October 31, 2017, when GAIPE released the report of its
investigation:
[t]his damning report corroborates what many have
suspected--that the investigation of Berta Caceres' murder
has been plagued by incompetence, attempts to stonewall and
deflect blame to protect those who conceived of and paid for
this plot, and a glaring lack of political will. The Public
Ministry needs to fully disclose, without further delay, all
testimony and electronic and ballistics evidence to the
Caceres family's legal representatives and defendants'
lawyers, as required by law. The Ministry also needs to
ensure that every piece of evidence is properly safeguarded,
and to follow the evidence wherever it leads to arrest those
responsible. It is shameful that despite intense domestic and
international pressure, this horrific case has languished,
while those responsible have sought to derail it. And there
are hundreds of other Honduran social activists and
journalists who have been similarly threatened and killed,
whose cases have not even prompted investigations.
It is important to note that the GAIPE report indicates that the
evidence not only implicates DESA executives and employees, as well as
Honduran state agents, in the surveillance, spreading of false
information, and plot to assassinate of Berta Caceres; the evidence
also reveals other crimes such as obstruction of justice, abuse of
authority, and unlawful association. The report documents the shocking
extremes to which the company was willing to go, including murder for
hire, in pursuit of its financial goals.
In addition to immediately disclosing the evidence to the Caceres
family and others who are entitled to it under Honduran law, the Public
Ministry should act on the petition of the Caceres family's legal
representatives to arrest the intellectual authors.
The Public Ministry should immediately ensure that all electronics
and other evidence is adequately safeguarded to eliminate any risk of
tampering. For whatever reason, much of the evidence is reportedly in
the possession of the National Directorate of Investigations and
Intelligence, and given the history in Honduras of evidence
disappearing or being destroyed
[[Page S7153]]
or stolen, and witnesses being intimidated and killed, securing the
evidence in this case is imperative.
The Honduran Government should take whatever steps are necessary to
protect the leaders of COPINH, whose lives remain in jeopardy. The
government's past responses to requests for protection have ranged from
inaction to ineffective.
The Agua Zarca concession and other hydro or extractive concessions
that were obtained without the consent of local people whose lives or
territory would be adversely affected should be cancelled. The Honduran
Government needs to substantially reform the way it reviews and grants
such concessions, which have too often been the product of corrupt
dealings that resulted in environmental degradation, social unrest, and
violence.
The assassination of Berta Caceres, as outrageous and tragic as it
was, presented the Honduran Government with an opportunity to show that
justice is possible in such cases and that even people who hold
positions of economic or political privilege and power can be held
accountable. Instead, we have witnessed more of the same--important
evidence being mishandled and possibly even ignored and withheld from
those entitled to it. A partial investigation that resulted in the
arrest of those who reportedly carried out the crime, followed by
months of silence without identifying those who were behind it. This is
not acceptable.
Over the past 2 years, President Hernandez and other top Honduran
officials have traveled to Washington to lobby for Honduras's share of
U.S. funding for the Plan of the Alliance for Prosperity of the
Northern Triangle of Central America. Among other things, they have
earnestly voiced their commitment to human rights and respect for civil
society. They are going to find out that action, not words, are what
matter.
Over the past 2 years, the U.S. Congress has provided a total of $1.4
billion to support the plan, of which a significant portion is for
Honduras. I supported those funds because I recognize the immense
challenges that widespread poverty, corruption, drug trafficking, gang
violence, and impunity pose for those countries. These problems will
not be solved by building a wall along our southern border or deporting
tens of thousands of Central Americans currently living in the United
States.
I mention this because the assassination of Berta Caceres brings U.S.
support for the plan sharply into focus. Today that support is in
jeopardy.
It is why those responsible for her death and the killers of other
Honduran social activists and journalists must be brought to justice.
It is why Agua Zarca and other such projects that do not have the
support of the local population must be abandoned and replaced with an
inclusive, transparent process that complies with international
environmental and social safeguards.
It is why the Honduran Government must cease its attempts to
undermine the work of the Mission to Support the Fight against
Corruption and Impunity in Honduras, MACCIH, which has begun to
investigate the link between the assassination of Berta Caceres and
corrupt dealings between DESA and Honduran state agents.
It is why the Honduran Government must finally take seriously its
responsibility to protect the rights of journalists, human rights
defenders, other social activists, COPINH, and civil society
organizations that peacefully advocate for equitable economic
development and access to justice.
Only then should we have confidence that the Honduran Government is a
partner the United States can work with in addressing the needs and
protecting the rights of the Honduran people, particularly those who
have borne the brunt of official neglect, corruption, and violence for
so many years.
Today any hope that the Honduran Government may have of continued
U.S. assistance under the Plan of the Alliance for Prosperity will
hinge in part on the outcome of the Caceres case, concrete actions that
demonstrate support for the legitimate role of civil society and the
independent media, and real reform of the justice system.
(At the request of Mr. Schumer, the following statement was ordered
to be printed in the Record.)
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