[Congressional Record Volume 165, Number 38 (Monday, March 4, 2019)]
[Senate]
[Pages S1617-S1618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       REMEMBERING BERTA CACERES

  Mr. LEAHY. Mr. President, 3 years ago yesterday, Berta Caceres, an 
indigenous rights activist in Honduras who had been a vocal opponent of 
the construction of a hydroelectric dam that threatened the territory 
of the Lenka people, was murdered in her home.
  That cowardly crime, about which I have spoken many times, was the 
culmination of years of harassment and threats against her life, and it 
was by no means an isolated case. At the time, it was only the latest 
of scores of assassinations of social activists who protested against 
the confiscation of land, forced evictions, and infrastructure 
development involving corrupt payoffs to circumvent environmental and 
social safeguards, and against abuses by Honduran security forces. 
Nobody has been punished for any of those other, similar, crimes.
  I did not know Berta Caceres, but I knew of her. I remember when she 
was awarded the prestigious Goldman Environmental Prize. I remember the 
disgust and outrage I felt when I learned that she had been murdered.
  I remember thinking that whoever would murder Berta Caceres, a 
charismatic leader who was recognized not only in her native country 
but around the world, must have been confident that they would never 
see the inside of a jail cell, because in Honduras only a small 
fraction of homicides, not to mention other violent crimes, ever 
results in conviction. Impunity and the corruption that enables it is a 
way of life there.
  It was no surprise that in the days and weeks after Berta Caceres was 
murdered, the Honduran police tried to cover it up. It was only because 
of international pressure, including by the U.S. Embassy, that the 
fraudulent ``investigation'' did not end there, as so often happens in 
Honduras when the victim is not someone of notoriety.
  Eventually, last November, after what seemed like interminable foot 
dragging, a trial resulted in the conviction of seven of those 
involved. That was a significant achievement, considering that absent 
international pressure Berta Caceres's case would have faded from 
memory like all the others. That trial also implicated top officials of 
the hydroelectric company DESA, one of whom is still awaiting trial 3 
years later.
  I was a prosecutor before I became a Senator. I prosecuted many 
murder cases. While premeditated murder is a horrific crime, it is 
often relatively easy to prove. In Berta Caceres's case, there was a 
lot of evidence. So to those who ask why, 3 years later, we are still 
waiting for justice, I think the answer is obvious. There are powerful 
forces within the Honduran Government who are beyond the reach of the 
Honduran justice system, and the attorney general recognizes that.
  So today, 3 years later, there are some who conceived of, or knew of, 
the plan to murder Berta Caceres who have not been charged. The 
question, 3 years later, is when will they be charged? When will they 
be brought to justice?
  Neither I nor the world have forgotten Berta Caceres. Our desire to 
see justice done in her case is as strong today as it was 3 years ago 
not only because of the importance it has for her family and her 
community, but for the larger cause of justice in Honduras. Impunity is 
a powerful, evil force, but I believe the whole truth about this crime 
will eventually be known.

[[Page S1618]]

  Beyond Berta Caceres's case, the central question is whether the 
Honduran Government is serious about fighting the corruption that 
permeates not only the justice system, but practically every crevice of 
Honduran society and Government.
  A government that is serious about fighting corruption would enact 
the plea bargaining law that has languished for years, without which it 
is extremely difficult to investigate and prosecute crimes involving 
top public officials or corporate executives.
  A government that is serious about fighting corruption would put an 
abrupt end to legislation referred to as the ``impunity pact.'' That 
legislation would bar the attorney general from bringing charges 
against someone for stealing public funds until the Supreme Auditing 
Tribunal, whose members are all loyal to the President, has 
investigated and ruled on the alleged theft. It is a transparent 
attempt to ensure that cases of public corruption are never prosecuted.
  A government that is serious about fighting corruption would support 
strengthening the Mission to Support the Fight against Corruption and 
Impunity, not seek to ``renegotiate'' its mandate to eliminate or 
substantially weaken its investigative authority.
  The Honduran Government, which professes to be a partner of the 
United States in fighting corruption, is not doing any of these things. 
The inescapable truth is that it is not serious about fighting 
corruption, which is apparent to anyone who is not easily fooled.
  Until that changes and until all those involved in the murder of 
Berta Caceres are brought to justice and until Hondurans who speak out 
against corruption and impunity are no longer vilified and attacked, 
the amount of assistance we provide to the Honduran Government will be 
far less than it would otherwise be.

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