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Indigenous From Bachajón Reclaim Land by Agua Azul Waterfall

Indigenous From Bachajón Reclaim the Land at the Entrance to the Agua Azul Waterfalls on the Eve of the #Festivalryr

by Aldabi Olvera
http://masde131.com/2014/12/indigenas-de-bachajon-recuperan-entrada-a-cascadas-de-agua-azul-en-visperas-del-festival/

San Francisco Xochicuautla, December 21, 2014 - The Tzeltal people of San Sebastián Bachajón, Chiapas, decided in assembly to recover the lands where they had a toll booth, on the way to the waterfalls of Agua Azul. At seven o'clock this December 21, the date of the opening of the #FestivalRyR in Xochicuautla, State of Mexico, the indigenous began to gather at the place.

The people of Bachajón, adherents to the Sixth Declaration of the Lacandon Jungle, released a communiqué when they reclaimed their territory. The communiqué reads:

"We hold the three levels of bad government, represented by the paramilitary leaders Enrique Peña Nieto, Manuel Velasco Coello and Leonardo Guirao Aguilar, responsible for any aggression against our compañeros and compañeras who will be guarding the recuperated lands which legally and legitimately belong to the Tzeltal people of San Sebastián Bachajón and not to the bad government, for this reason we demand that they refrain from approaching with their police or paramilitary forces.”

Since they began to defend their ejido, two members of the Sixth from Bachajón have been killed. Juan Vázquez Guzmán, the 24th of April, 2013, and Juan Carlos Gómez Silvano, the 21st of March, 2014. Three more are imprisoned in the CERESO at Yajalón, Chiapas: Juan Antonio Gómez Silvano, Mario Aguilar Silvano and Roberto Gómez Hernández.

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In the communiqué, the adherents to the Sixth ask the peoples and communities of Mexico and the world to remain aware of what may happen to them.

The territory taken from the Tzeltal indigenous of Bachajón borders the municipality of Tumbalá. On February 2, 2011, about 800 members of the police took the tollbooth that the people of Bachajón had to obtain resources (five pesos per car) for various community expenses.

The former Commissioner Francisco Guzmán Jiménez gave this part of the territory (a quarter hectare) to the municipality without consulting the people, in a March 2011 agreement.

The adherents to the Sixth decided to present the amparo 274/2011 under the designation of "surrogate representation" exercised by Mariano Moreno Guzman, elder of the community and founder of the ejido.

On September 29 the Third Collegiate Court in Tuxtla Gutierrez, on resolving the Amparo in Review 224/2014 against the dismissal of amparo 274/2011 issued by the Seventh District Judge in Tuxtla Gutierrez, Chiapas, unanimously reversed that judgment and ordered the case to be sent to the Supreme Court of Justice of the Nation.

Bachajón’s lawyers have provided a copy of this resolution to Másde131 with the file number 564/2014.

"This is configured correctly, due to the legal action which seeks to protect the collective rights of the people faced with the complicity incurred by the ejidal Commissioner, with the acts of dispossession by the authorities of the federal government and the State of Chiapas."

The Collegiate Court, in addition to recognizing the legal and legitimate legal action brought by Mariano Moreno Guzmán, determined to refer the matter to the Supreme Court of Justice of the Nation, for purposes of exercising its power to resolve the basis of the matter raised by the ejidatario Mariano Moreno Guzmán, adherent to the Sixth Declaration.

"He notes that the authorities carried out the dispossession of commonly used land of the ejidal nucleus, in the presence of agents of public safety, by the responsible authorities."

"Relevant aspects arise, such as the denial and lack of access to justice for indigenous peoples, the respect of their right to consultation, and the granting of free, prior and informed consent."

It speaks about the guarantee of "the protection of the human rights of those facing harassment and intimidation by state authorities" and "the protection, use, possession and enjoyment" that people have of their territories, rights guaranteed in the international instruments, Convention 169 of the International Labour Organization, the United Nations Declaration on the Rights of Indigenous Peoples, and the Law for Dialogue, Reconciliation and dignified Peace in Chiapas.

It also says of the text of the Collegiate Court:

"The resolution of this case would open the possibility of issuing guiding criteria regarding the scope of the rights of indigenous peoples and the effects that the implementation of government projects could have on them, which could put their territories at risk."

The court therefore asked the Supreme Court of Justice of the Nation to exercise its power of resolution in the knowledge of the application for review.

The Second Chamber of the Supreme Court of Justice of the Nation is analyzing the request made by the Third Collegiate Court of Tuxtla Gutierrez. It started with the review of the record number 564/2014; this was referred for the drafting of a report as to whether or not they review the matter, to the Minister Margarita Luna Ramos.

However, the Supreme Court decided not to take the case on November 19, 2014 and to return it to the Third Collegiate Court in Tuxtla Gutierrez to proceed to resolve the matter.

Further information: Dorset Chiapas Solidarity

ENDS

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