(Please click here for a concise background on the Santa Marta land dispute.)

October 6, 2007

Today the community of Santa Marta, Cabañas, with the NGOs ADES (Asociación de Desarrollo Economico y Social) and FESPAD (La Fundación de Estudios para la Aplicación del Derecho) are hosting an all-day conference in Santa Marta on the nation-wide dilemma of eviction threats to Salvadoran communities. Two hundred delegates representing 50 communities are expected to participate.

The goal of the conference is to create a "Declaración de Santa Marta" document in which all communities facing eviction threats declare their resolve to defend their right to property as a unified effort.

Here is an excerpt from the conference invitation:

"If in 1882 indigenous communities were evicted because land was needed for the large coffee plantations, now the policy of evictions is based on taking lands from communities to implement projects of tourism, urban development, railroads, mines, dams, highways, etc. Once again the victims of the plundering are the same."

"Santa Marta, symbol of the fight against injustice and impunity!"

On October 16, Santa Marta will hold a Public Forum to publicize and discuss the content of the "Declaración de Santa Marta", with the aim of generating broad public support for the statement. The announcements for the two events, in Spanish, are available here.

October 10 will be the 20th anniversary of the first repatriation of Santa Marta from refugee camps in Honduras.

September 30, 2007

CoCoDA is seeking individuals or groups willing to make a five-year pledge to co-sponsor a possible re-financing deal that would strengthen Santa Marta's negotiating position for an out-of-court settlement of their land dispute with the family of Maria Elba Beltrán. Any friends and supporters of Santa Marta interested in joining forces with us to help find a non-violent and lasting resolution to this land crisis, please contact us at cocodaindy@igc.org so we might discuss more details with you.

Thursday, June 7, 2007

We were informed by phone that the Salvadoran Supreme Court ruled against Santa Marta in their appeal for constitutional protection in the dispute over ownership of the land they purchased in 1994. (See below for background information.) Santa Marta leaders and their attorneys are re-grouping. We expect to receive more details in the near future, and will be able to provide a more thorough update with thoughts about next steps at that time.

Wednesday, May 16, 2007

A representative of Santa Marta reported today that the Salvadoran Supreme Court, Sala de lo Constitucional, is still reviewing Santa Marta's appeal for protection of their constituational rights and for an over-turn of the lower court rulings that granted the former land owners right to evict Santa Marta families (see below for past updates and background on the situation). The Supreme Court has sent some questions and requests for additional information and documentation to Santa Marta's attorneys. It is likely the Supreme Court will come with a decision on the case in the next week or two. The lower court order granting right to evict is on hold while the Supreme Court handles the appeal.

Representatives of Santa Marta are also seeking an audience with the Human Rights and Justice Commission of the Salvadoran Legistlative Assembly, a body that includes representatives of all El Salvador's political parties, asking for a resolution that would urge the Salvadoran Attorney General to order ISTA, the Salvadoran Institute for Agrarian Reform, to take charge of bringing about a resolution to the situation.

Thursday, May 3, 2007

Here is a note with photos from Daysi Osorio, representative of ADES (Asociación de Desarrollo Económico Social, Santa Marta), about the weekend's vigil outside Santa Marta to protect their land. In one of the photos you see the community's attorney, part of the legal services organization, FESPAD, informing people about the appeal presented last Friday to the Supreme Court for protection of the community's constitutional rights. Also filed was a suit against Sigredo Pleytez for fraud, and against María Elba Beltrán for complicity. In the end, no one came to the community to enforce the eviction order over the holiday weekend.

Banners seen in the photos read:

"DON'T UNDERMINE THE DREAMS OF SANTA MARTA'S CHILDREN"

"OUR COMMUNITIES HAVE NOT STOLEN EVEN ONE CENTIMETER OF LAND; IT COST US MONEY AND BLOOD"

"AGAINST FORCED EVICTIONS AND THE NEOLIBERAL POLICIES OF THE GOVERNMENT. NO, NO MORE..."

Saturday, April 28, 2007

Luis Rivas, on behalf of all the community of Santa Marta, just called “to express our warmest greetings and deepest gratitude to all our friends in other countries who signed the open letter of support to the Supreme Court of El Salvador.  Right now we are analyzing the ad in today’s La Prensa Gráfica and we are very pleased and very grateful for the message and the many, many people who signed.  Please send our warmest greetings to all and thank you very much for your solidarity with us.”

Luis reported that they remain vigilant outside the community, and reiterated that their appeal for protection of their constitutional rights was received by the Salvadoran Supreme Court Sala de lo Constitucional yesterday at 4 p.m. registered under Recurso de Amparo No. 236-07.  They do not know when it will be brought before the court for discussion.

For direct updates on the situation or to voice support for the community, individuals can call the local community radio station, Radio Victoria, at (011) 503-2389-3381.

Friday, April 27, 2007
11:00 p.m.

We received a phone call from Santa Marta tonight, informing us that at 4 p.m. this afternoon the Supreme Court of El Salvador received Santa Marta’s recurso de amparo, or appeal for protection of constitutional rights, for a second time.  The community does not have confirmation if this effectively blocks of the order for eviction, which became effective today.

Beginning at 3 a.m. this morning, Santa Marta residents stood vigil in two locations, one near Victoria, the municipal seat where the Justice of Peace who has issued the eviction order is based; and one down the road near the turn off to the community of Santa Marta.  They anticipated the possibility that the Justice of Peace and/or her agents would come to verify if the families had vacated the property, which they have no intention of doing.  But no one came.

There were peaceful demonstrations of support for Santa Marta in various locations across El Salvador by communities and organizations – places such as San Martín and the Bajo Lempa, and some have been arriving to Santa Marta to support the vigil.  A diputado in the Legislative Assembly from Cabañas, Antonio Echeverría of the FMLN, came to express support for the community and observe the situation first-hand.   The community radio Radio Victoria and the ARPAS national network of community radio stations were present throughout the day as well.  The community plans to maintain vigil until they have certain news that the eviction threat has been removed.

Leti, a leader in Santa Marta, said “We cannot complain about feeling alone because we have felt support from across the country and internationally, and we are deeply grateful for this solidarity and support as we defend (our land and rights).” 

Tomorrow morning a full-page ad of the open letter delivered to the Supreme Court in support of Santa Marta from many of us in the international community will appear in La Prensa Gráfica, a major daily Salvadoran newspaper. The ad can be viewed as a jpeg or MSWord document.

Thanks to all for your on-going concern, moral support, financial contributions and actions.

Friday, April 27, 2007
3:00 p.m.

Representatives of Santa Marta report that their attorneys have re-presented to the Supreme Court their appeal for a suspension of the order for eviction of Santa Marta families from land under dispute of title. Contrary to our report of April 26, the date given for eviction by the lower court order was today, April 27.

Presently, residents of Santa Marta have mobilized at the “desvío” (road turn) to Santa Marta, to prevent any incursion of police or troops to forcibly remove the population from their homes.

Santa Marta does not expect a response from the Supreme Court today, which would mean they would not have hope of a court order to protect them from forced eviction until WEDNESDAY, MAY 2, because all government offices in El Salvador will be closed over the weekend and on Monday and Tuesday for Primero de Mayo labor holiday.

We will remain alert to the situation and update as we hear news.

Thursday, April 26, 2007

Last October, we informed about a threat of eviction issued against the community of Santa Marta in Cabañas, El Salvador.  The problem involves three properties Santa Marta purchased in good faith and through a legitimate process in 1994, but now the former owners claim the person they commissioned for handling the sale used a fraudulent title, which they successfully got nullified in a local Sensuntepeque court, the ruling which serves as the legal basis for the order of eviction.  The former owner has said they will drop the eviction order if Santa Marta purchases the land again for four times the cost of the 1994 purchase.

With support from CoCoDA and others, the Santa Marta Cooperative, the legal entity in whose name the land was titled and registered in 1994, contracted attorneys to represent them in this case.  Santa Marta’s attorneys appealed to the constitutional branch of the Supreme Court of El Salvador, asking for a suspension of the lower court’s order to allow the more than 50 Santa Marta families affected to have due process in a court of law.  These families and Santa Marta as a community have lived on these lands for nearly 20 years and, with the security of being the property owners with duly registered title, have invested in homes, agriculture, and social infrastructure.  The eviction order has not allowed these families any due process to defend their rights and their property and investments.

The Supreme Court ultimately did not accept the appeal, stating they needed more substantial evidence, but leaving open the option for Santa Marta’s attorneys to re-submit.  In the meantime, the former owners’ attorneys have once again gotten an eviction order with the date of April 28.   Santa Marta’s attorneys intend to re-submit the case to the Supreme Court before that date, and also are approaching the Legislative Assembly asking for expropriation of the land in the interest of social and public welfare, to then initiate a process to transfer ownership to the families who have occupied the land for the past two decades.

Actions in support:

• CoCoDA,  Oberlin Solidarity with El Salvador, and Doctors for Global Health sent an open letter of support for Santa Marta to the Salvadoran Supreme Court, with several hundred signatures of those of you who signed on last Fall and this Spring. A copy of that letter is available upon request (cocodaindy@igc.org)
  
  
• Please inform CoCoDA of possible funding sources for Santa Marta’s Legal Defense, as this costly dispute will likely continue for months and Santa Marta’s funds are almost spent.
  
  

Additional information about this situation is available in English and Spanish.

The full-page advertisement that appeared in La Prensa Gráfica on 28 April 2007 can be viewed as a jpeg or MSWord document.