Concerns about human rights and the environment are constantly swirling around the community and mine.

• As the mine was being established in 2005, the community of Sipakapa organized a referendum: The majority voted against allowing mining in their community. Neither the government nor the mine company Goldcorp respected the results. (In 2007 Guatemala's Constitutional Court ruled the referendum was non-binding.)
• By 2008, four different pension funds in Canada and Sweden requested a "human rights impact assessment." This independent report found that the company had not carried out adequate consultation with communities prior to establishing the mine, a violation of the International Labor Organization's Convention 169 Concerning Indigenous and Tribal Peoples, and the right to "free, prior, and informed consent."
• E-Tech International carried out a water study in 2010 that recommended more aggressive management and monitoring of water sources, as well as for a bond to cover cleanup costs after the mine is closed.
• A 2010 environmental health study by experts from the University of Michigan, University of Illinois, and Physicians for Human Rights found heavy metals in rivers downstream from the tailings dam, and called for ongoing monitoring.
• In 2010 the Inter-American Commission for Human Rights issued a set of "precautionary measures" that ask the government suspend mining at Marlin while the government carries out investigations into the pollution and human rights violations.
• The United Nations recently confirmed that the mine did not adequately discuss its plans with local people when it was established: "…the Marlin project was not subject to consultation with indigenous communities," says James Anaya, a special rapporteur appointed by the UN to look at the human rights situation of indigenous people in the country. His report was issued in June of 2011.
• A new cost-benefit analysis by the Tufts University Global Development and Environment Institute finds that the government of Guatemala is getting a relatively small share of profit from the mine: 42 percent of total mine revenues, which is "substantially below best practice in global mining operations." The bulk of revenues and earnings "flow overseas to the company and its shareholders." Local communities, the report says, "bear 100 percent of environmental risk." The conclusion: "...the economic benefits of the mine to Guatemala and especially to local communities... are meager and short-lived."
• Fifteen members of the US Congress sent a letter to the President Colom of Guatemala, urging him to immediately suspend operations and address the concerns of the indigenous communities affected by the mine.

The Marlin Mine now produces more than 300,000 ounces of gold a year.

Conflict and Violence

Critics of the mine in Guatemala and international experts are calling on the government and Goldcorp to accept the precautionary measures issued by the IACHR and suspend operations at the mine. It's a risky stance for local people to take: Amnesty International has noted cases of beatings and death threats against members of the San Miguel Defense Front(known by its Spanish initials, FREDEMI). Community members also report shootings and attempted shootings against mine critics. Aniceto López, a coordinator who works for FREDEMI was beaten in February 2011, along with Miguel Ángel Bámaca, a farmer and public health promoter.

The insecurity is "the worst thing affecting our community now," says Bámaca, who was also shot at late at night in July 2010, just outside his home. Like many other FREDEMI members, he is not comfortable publicly identifying his attackers. He says those who wish him ill "know what we do, where we live, when people meet...they know everything," Bámaca says."Who will help us?" The government, the courts, the police, they are not helping."

Adding to concerns about the environment and security, the ethnic Maya Mam people living in the area consider industrial mining as a form of disrespect for their religion and culture, which worships nature and Mother Earth. "Our spirituality, our vision is that there is harmony between nature, people, and God, we are together and there is balance in our lives," says Maudilia López, an indigenous woman who works for the Catholic church in San Miguel Ixtahuacán. "This mining activity puts our cultural values in danger."

Action in defense of indigenous rights

After the IACHR issued its precautionary measures urging the government to suspend operations at the Marlin Mine, the government initially agreed to do so, then later claimed it did not have enough evidence of environmental damage and human rights violations. Oxfam America has been collecting signatures on an electronic petition urging the government to suspend mining at the Marlin Mine and investigate the human rights violations and environmental problems linked to the mine.

"El Salvador is a country with one of the highest rates of femicide (the killing of women) in the world, according to the United Nation’s Population Fund,” said Carolina Castrillo, director of Oxfam America’s Central America, Mexico, and Caribbean regional office. In fact, over the past three years, the number of femicides in El Salvador has increased from 28 to 46 a month.

That is one reason why, on Nov. 25, legislators voted to approve (by a 75-9 margin) the Special Integral Law for a Life Free of Violence for Women. "The penalty for femicide will be between 30 and 50 years of imprisonment," said Mariela Pinto, chair of the Committee for Family, Women and Children’s Affairs in the legislative assembly. The new law also provides penalties—such as fines and jail sentences—for other crimes, such as pornography, psychological abuse, and negative or hateful messages.

Beyond penalization: prevention

An important and innovative aspect of this new law is that it addresses gender-based violence from a prevention perspective and broadens the definition beyond domestic violence. (Gender-based violence also can occur in public spaces, workplaces, etc.) Effective January 1, 2012, the law will be binding in the public sphere, such as ministries and the media. This means government institutions, such as the Ministry of Education and the Ministry of Public Health, as well the Public Attorney’s office and the National Prosecutor’s office will be bound by law to do their part in the prevention of violence against women and children.

"Some institutions already are taking steps in this direction," says Mélida Guevara, program coordinator for Oxfam America’s gender program in the region. "For our Campaign for the Prevention of Gender Violence [an initiative of Oxfam America in collaboration with nine Salvadoran organizations], the Ministry of Education is a very important ally, in incorporating gender-based violence and its prevention within school curricula.”

“We also signed an agreement with the Sub-Ministry of Local Development,” she continues. “This coming year, we will bring theater and performance art, as well as training in basic gender concepts and the prevention of gender-based violence, to communities within which the ministry already works. But it takes much more coordination effort and work to change habits, roles, and beliefs. If we talk about a culture of prevention, we talk about changing the way we have been doing things for decades, even centuries. And that entails a long process, in which we all have to do our share.”

Two points of view included in one law

The new law is a product of two different proposals, one of which the female assembly members authored. These members participated in an intensive certificate course on gender-based violence, another initiative of the Campaign for the Prevention of Gender Violence. The Feminist Alliance, an alliance of several Salvadoran feminist organizations in El Salvador, authored the other proposal. The assemblywomen’s proposal stressed prevention; the proposal from the Feminist Alliance stressed penalization. The proposals complemented each other and came to make one multi-faceted law—a major victory for Salvadorans.

“This is a remarkable achievement,” said Guevara. “The Campaign’s certificate course for the assemblywomen, which resulted in the proposal, dates from 2008. It required constant work with the assemblywomen and their advisors from all the different parties. First, the women themselves had to be sensitized and find each other in a cause that goes beyond ideology. Then, as the course went on, we could see them become more and more committed, and start to advocate for gender equity as part of all the government bodies in which they take part.”

Over, the coming year, Oxfam America and its local partners will be among many civil society organizations working on a widespread education effort to teach Salvadorans, civil society, and government players about the law’s contents and the sort of conditions that need to be created to make effective implementation possible.

The mission recommended that the international community condemn the coup and demand Zelaya's return.

The mission calls on the international community not to accept elections organized by the de facto Micheletti government and to continue to suspend international budget aid. It also calls on the international community to maintain the suspension of diplomatic relations with the Micheletti administration, including suspending diplomatic visas and freezing foreign bank accounts.

All these measures are intended to force the de facto government to accept the negotiations coordinated by Costa Rican President Oscar Arias. Arias seeks a peaceful return to democracy that will begin with Zelaya's return to the country.

The members of the mission were able to confirm that human rights have been violated, as people were arrested without formal legal accusations. The people who have been detained include not only Hondurans, but also foreigners, especially Nicaraguans.

The mission also confirmed several cases of violations of freedom of speech and expression and has had conversations with journalists that were forced to stop their activities.

In order to continue monitoring the situation in Honduras, the mission has decided to create a Human Rights Observatory.

"Resuscitating Doha is essential to right the rigged rules of trade, but what's been simmering on the WTO stove will simply not deliver for poor countries, said Oxfam America president Raymond C. Offenheiser. "The financial crisis, which started in developed countries but is taking its worst toll on developing countries, should be the impetus for a change in course."

In a new report released today called "Empty Promises," Oxfam details how the Doha Round has become an exercise in prying open developing country markets rather than an effort to rebalance decades of unfair agricultural and industrial trade rules. In the midst of a global economic crisis, a food crisis, and a climate crisis, nations with the least blame and with the least capacity to cope with the consequent effects must not have to pay even more to enable their economies to develop, according to the report.

Over 50 million people stand to lose their jobs, remittances are collapsing, and growth in sub-Saharan Africa is predicted to fall by 70 percent this year trapping 90 million more people in poverty, because of the crisis. Food prices meanwhile remain high for poor consumers: by the end of 2008 a further 109 million people had been added to the ranks of hungry, topping 1 billion people worldwide. As the world experiences the sharpest drop in trade in 80 years, a "development" trade deal—as originally promised—remains crucial, according to Oxfam.

"Now is the time for WTO members to come back to the negotiating table, recognize that the current crisis provides an opportunity to address urgent development needs, and change the course of negotiations, much as they did nearly eight years ago in Doha," said Offenheiser. "At this time of desperate need for a change of course, the Doha Round has to step up to deliver on its development promise. There is little credit left for another failure."

The welcome political commitment from the G8 could lead to a fresh start to negotiations, but it cannot be business as usual. In the past eight years, developed countries have used the talks to continue to push to open up new export markets. Developing countries have resisted, saying they were promised a deal that would give them space to protect their farmers and new industries, an end to rich country trade-distorting agricultural subsidies, and more access to rich markets for their farmers and industries.

The widespread food price crisis has shown that food and livelihood security cannot depend solely on market forces. Development, rather than liberalization, has to be the central objective of negotiations and trade rules must respond to the needs of the most vulnerable people first and foremost, according to Oxfam. It is the responsibility of WTO member states to analyze the role of trade in the recent global crises so that the Doha negotiations take into account the new global context and contribute to a solution, rather than exacerbate the problem.

"What's on the table is no silver bullet since it continues to favor the richest and biggest farmers and industrialists in the US and Europe and sidelines the needs of the poor," said Offenheiser. "We have seen what can be done when countries find the resolve to avert problems at home, and this resolve must be translated to the multilateral trade agenda so that the much-needed conclusion of the Doha Round can be achieved in a manner that addresses developing country needs first and foremost."

Zelaya intended to hold a public opinion poll the day he was arrested. The poll was to determine if there could be a referendum to create a new constitution. Hours after the coup, the congress named Roberto Micheletti interim president.

Since then, the country has entered a political crisis that could affect other countries in the region. Citizens are holding protest marches all over the country, and social movements are criticizing the coup and demanding respect for the constitution. The interim government has suspended five constitutional rights: the right to protest; freedom in one's home from unwarranted search, seizure and arrest; freedom of association; guarantees of due process while under arrest; and freedom of movement in the country.

Much of the international community (including El Salvador, Nicaragua, Guatemala, the Organization of American States (OAS), the United Nations, and the European Union) condemns the coup and insists on the reinstatement of Zelaya and the restoration of political and social order. The OAS suspended Honduras's right to participate in this international body as long as Zelaya is not restored to the presidency.

Zelaya attempted to fly back into the country on July 4th, but the military blocked the runway as hundreds of thousands of people marched to Tegucigalpa's international airport to welcome him. One man was shot and killed, and 10 were wounded by the army.

Instability in Honduras is affecting the programs Oxfam is supporting in the country. These include helping small-scale farmers to increase their production, and better sell their crops in national and regional markets. Oxfam also supports organizations that protect women victims of violence, and disaster risk reduction projects that help communities to prepare for and better withstand natural disasters like earthquakes or hurricanes.