Action Alert, Miguel Fernandez and Jose Vicente Otero Chate detained
Reply to:
Avi Chomsky

I am forwarding an Action Alert regarding the arrest of two Cauca activists. Some of you met Miguel when he was here last fall. I spoke to him most recently on the evening of Monday the 31st, when he called me from Popayan; I was shocked to hear of his arrest the following day. Please respond TODAY with messages to those listed below!!



Avi



Dear friends,

Two very important leaders of the vibrant social movement in the southwest Colombian province of Cauca have been jailed.

Jose Vicente Otero Chate, a Nasa indigenous leader and former mayor of the municipality of Caldono, was detained on October 6. And Miguel Alberto Fernandez Orozco, President of the CUT (United Workers' Central)-Cauca and leader of the campesino (peasant farmer) organization CIMA, was detained on November 1. These are just the latest in a series of attempts by the government to suppress the dynamic, unified social movement in Cauca, which has repeatedly mobilized tens of thousands of people in defense of their communities, lands and human rights, and against so-called "free trade" deals and paramilitary persecution. Miguel and Jose Vicente are recognized, well-known leaders of these efforts, and so the indigenous, campesino and Afro-Colombian social movement in Cauca sees their detention as an attack on everyone involved.

A flood of messages sent quickly to Colombian and U.S. authorities could make the difference in securing the release of Miguel and Jose Vicente. In addition, it would let the people who seek to suppress Cauca's social movement know that any future attacks will be met with a strong international response, which would discourage them from making such attacks.

Miguel, who has been a leader of both the campesino organization CIMA and of the regional United Workers' Central office for many years, has received a series of death threats in recent years. In 2004, he spent several months in exile in Massachusetts, as part of the (now defunct) AFL-CIO Solidarity Center protection program for threatened Colombian unionists. Since returning to Cauca, he has received renewed death threats against himself and his family on at least two occasions. The charges brought against Miguel appear to be -- incredibly -- that he invented death threats against himself.

Jose Vicente, the former mayor of Caldono municipality, was instrumental in carrying out a popular consultation in Cauca this past March on the Andean Free Trade Agreement that is currently under negotiation between the U.S. and Andean governments. Two months later, his home was raided by members of the Colombian Army, who planted weapons in his home, then accused him of terrorism. He was arrested on October 6.

Please read CIMA's action alert below, and send messages demanding the release of Jose Vicente and Miguel, and supporting the other demands listed in the alert, to:

U.S. Ambassador William Wood

Human Rights Officer Laura Kirkpatrick

Colombian President Alvaro Uribe Velez
(also: dh@presidencia.gov.co) Fax (57) 1-566-2071

The Governor of Cauca, Juan Jose Chaux Mosquera:
Fax (57) 2-824-3597

Please copy ("Cc.") the following addresses on the e-mails you send, so that Cauca's social organizations will know what communications the government authorities are receiving: fundcima@yahoo.com; anucurcauca@hotmail.com; cric@emtel.net.co.

Your prompt response to this case is of great importance. Even a very short, simple message helps.

Thank you for taking this small but crucial action to support the life-defending work of Cauca's social movement!

URGENT ACTION

FOR LIFE AND HUMAN RIGHTS IN CAUCA

A total crisis in the defense of human rights in Cauca province:



? irregular detentions of Jose Vicente Otero Chate, of the Nasa indigenous people, and Miguel Alberto Fernandez Orozco, President of the CUT (United Workers' Central)-Cauca

? threats against communities and social organization workers, especially in the Macizo region

? abuses committed by the Armed Forces in repressing the "Liberation of Mother Earth" initiative promoted by indigenous people and campesinos (peasant farmers) since October 12

? irresponsible declarations by the Vice President and other provincial and national government functionaries seeking to delegitimize the movement and create divisions between the indigenous, campesino, and Afro-Colombian sectors

? an increase in paramilitary presence and actions, including the murders of youth attributed to so-called "social cleansing"



Facts


On November 1, the Administrative Security Department (DAS) detained MIGUEL ALBERTO FERNANDEZ OROZCO, a well-known union, popular movement, and campesino leader, accusing him of false threats and fraud. They had no convincing evidence and the accusations were based on anonymous testimonies, violating the right of due process.

The use of anonymous witnesses, violations of due process, and declarations made by government functionaries to the media affect the good name of the persons detained and the organizations to which they belong.



Regional context



For many years, the social movement in Cauca has carried out coordinated actions in defense of fundamental rights. Especially important, among these many actions, have been mass Mobilizations and long-distance Protest Marches, including an October 12 Mobilization and "Liberation of Mother Earth" actions since. The "Liberation of Mother Earth" actions have sought to get the Colombian government to adhere to agreements previously reached with the social organizations, and have demanded a true land reform.



The national government's attention to these activities came through the Armed Forces. Their response was characterized by the use of force, gases, and explosive weapons, which left a large number of wounded and had serious effects on human health. In responses from the President and Vice President, the governor of Cauca, and the military high command, there has been a noticeable emphasis on the attitudes and language of warfare. Through this, they seek to delegitimize the social movement and its organizations, and to generate divisions between the indigenous, campesino and Afro-Colombian sectors.



Increase of paramilitarism and persecution of youth

The so-called "Justice and Peace Law" legitimizes paramilitarism, and expands and positions paramilitarism in a number of Cauca's muncipalities. This creates anxiety in those communities -- as can be seen in the case of Silvia, where graffiti has appeared on the walls stating "We will ensure that private property is respected," in an allusion to the "Liberation of Mother Earth" land occupations. Since late September 2005, AUC [United Self-Defense Forces of Colombia, the main paramilitary federation] pamphlets have been circulating in Popayan, announcing the creation of the "Cleansing Bloc" and threatening all those it labels delinquents. Another example of the increasing violence is the multiple murders of youth -- more than 20 in the last few weeks -- in poor neighborhoods in the municipalities of Popayan, Puerto Tejada and Patia. One example was the murder of ARSENIO LOPEZ DELGADO, 26 years old, who belonged to a displaced family and was a construction assistant. He was disappeared October 21, and his body was discovered the following day, lifeless and showing signs of torture.



This same situation is found in the communities of southern Cauca, such as Balboa, Patia, Mercaderes, and Florencia, and those of northern Nari?o province, such as San Pablo, La Union, San Lorenzo, and Taminango. In these areas, the AUC's "Heroes of the South" Bloc operates -- a group that supposedly demobilized last August in El Tablon (Taminango). Groups using the AUC name have proliferated in this area since: Mano Negra (Black Hand), Camisas Negras (Black Shirts), Los Hombres del Negro (The Men of Black), ONG-Organizacion Nueva Generacion (NGO-New Generation Organization), and Bloque Macizo (Macizo Bloc). Aided by the demobilization process and protected by the Armed Forces, these groups set up roadblocks, attack travelers, extort businesspeople, and carry out threats and murders.



Threats to communities and leaders



Beginning a number of months ago, leaders and organizations have been denouncing threats against their lives and their organizing work. Government and police agencies have not responded. On Monday October 17 the Agro-environmental Association of San Pablo, in Nari?o province, received a pamphlet signed by the AUC. The pamphlet stated that the social organizations CIMA (Committee for the Macizo) and ASOPATIA (Association of Alto Patia Municipalities) -- the two organizations jointly executing the [European Union-supported] Peace Laboratory of the Macizo and Alto Patia -- "are led by terrorists and leftist thugs." It advises the organizations "to remain neutral in your thoughts, and not use your organizations to conduct intelligence work or destabilize the region. We are watching every step you take."



The Cauca and Southwest Colombia Network for Life and Human Rights formed last year to assume the responsibility of gathering and sharing information on cases of human rights violation in Cauca, and to monitor those cases. In our "2004 Human Rights Report" we alerted our communities, the government, and non-governmental human rights agencies to the chaotic situation and threats faced by our communities, social organizations and leaders. We also reported on the ineffectiveness of government agencies in guaranteeing citizens' security and lives.

Taking all these circumstances into account, we, the Cauca and Southwest Colombia Network for Life and Human Rights, demand:



1. That the national and provincial government provide full guarantees for the continuation of our legitimate social activity and work defending human rights.

2. That the Ministry of the Interior and Vice President guarantee protection for the lives and integrity of the communities, organizations and leaders involved in the "Liberation of Mother Earth" actions and mobilizations, and make the necessary adjustments of protective measures provided to leaders.

3. That the government assert effective Constitutional control over its judicial, police and intelligence agencies, ensuring compliance with due process and other fundamental rights, particularly in the cases of JOSE VICENTE OTERO CHATE and MIGUEL ALBERTO FERNANDEZ OROZCO.

4. That the Attorney General provide information on its response to the recent denunciations made by social organizations regarding violations and crimes committed by AUC members.

5. That the Ministry of the Interior ensure compliance with the agreements made with social organizations in the Committee for Risk Evaluation and in the Coordination and Negotiation Working Group.


We also demand:



... that the OAS (Organization of American States) Verification Commission become involved in monitoring the AUC ceasefire and demobilization, investigating the operation of groups using the name "AUC" in Cauca and Nari?o.



... that the Inter-American Commission for Human Rights make a pronouncement concerning the violations of human rights and International Humanitarian Law committed by legal and legal armed groups in Cauca and Nari?o.


… that national and international human rights organizations provide solidarity, accompaniment and monitoring for each of the cases and circumstances denounced.







Please express your solidarity by sending messages and letters concerning this situation and these demands to:


Dr. Alvaro Uribe Velez, Presidencia de la Republica (President)
Cra. 8 No. 7-26, Palacio de Nari?o, Bogota D.C. Fax (57) 1 566 20 71
E-mail. auribe@presidencia.gov.co, dh@presidencia.gov.co

Dr. Sabas Pretil de La Vega, Ministerio del Interior y de Justicia (Minister of the Interior and of Justice)
Avenida Jimenez No. 8-89, Bogota D.C. Fax (57) 1 560 33 86

Dr. Mario Hernan Iguaran Aran, Fiscalia General de la Nacion (Attorney General)
Diagonal 22B No. 52-01 Bogota D.C. Fax (57) 1 570 20 00
E-mail. denuncie@fiscalia.gov.co, contacto@fiscalia.gov.co

Dr. Edgardo Jose Maya Villazon, Procuraduria General de la Nacion (Solicitor General)
Cra. 5 No. 15-80 Bogota D.C. Fax (57) 1 342 97 23
E-mail.reygon@procuraduria.gov.co
, anticorrupcion@presidencia.gov.co, cap@procuraduria.gov.co,

Dr. Volmar Antonio Perez Ortiz, Defensoria Nacional del Pueblo (Human Rights Ombudsman)
Fax (57) 1 640 04 91 Bogota D.C.
E-mail. defensoria@defensoria.org.co, asuntosdefensor@defensoria.org.co

Dr. Juan Jose Chaux Mosquera, Gobernacion del Cauca (Governor of Cauca)
Calle 4 Cra. 7 Esq. Popayan Fax (57) 2 824 35 97


Please send a copy of your message to:


fundcima@yahoo.com
anucurcauca@hotmail.com
cric@emtel.net.co



Popayan, in times of dignity and resistance, November 2, 2005