The Accord on Strengthening of Civil Society and the Role of the Army in a Democratic Society, one of the peace accords, acknowledged the Guatemalan legal system to be one of the most significant structural weaknesses of the state. It set up a review on strengthening it, which reported in April 1998, “The Guatemalan judicial system has been at the service of the political, economic and military powers’ elite and has not satisfied the needs of all Guatemalans, the majority of whom are poor.”

It seems that little has changed. Not only have we seen the ruling against extradition in the Menchu case, but also in another case related to gold mining the powerless seem to be being trodden on again. We have reported elsewhere on the Marlin gold mine, and there is plenty of other material out there about the controversy this has caused. In January people from communities around the mine presented a petition about problems the mine is causing them. On leaving the offices they were then attacked by mine security staff, suffered some injuries, but escaped and reported the matter to the police. Later that day about 600 community members blocked the road to the mine in protest. The blockage stayed in place for ten days until the company agreed to negotiate about their concerns. However, the company then initiated proceedings against community members for incitation to delinquency, threats, coercion, and minor injuries. On 11 December two community leaders were found guilty of causing injury and were sentenced to two years in prison.

This looks horribly like another case of criminalising legitimate and peaceful protest and isn’t the first time this has happened. Let’s remember the case brought against the peaceful protesters at the Chixoy dam, which went as far as accusing them of “endangering state security”, or the case brought against the indigenous mayor of Solola, who was accused of “terrorism and sabotage”, among other things, after a protest at Los Encuentros turned nasty when the police intervened. In that case the Panamerican Highway had been blocked in protest at the passage of mining equipment for the aforementioned Marlin gold mine.