16. In notes dated April 16, 2007, and May 6, 2007, received on May 7 and 9, 2007,
respectively, the petitioners submitted additional information that was forwarded to the State
on May 25, 2007; the IACHR asked the State to submit its observations within one month. In a
note of May 16, 2007, the petitioners sent in information on the legal standing and
representation of ADIVIMA. On August 14, 2007, the State submitted its observations on the
information sent to it on May 25, 2007.
17. On December 5, 2007, the petitioners provided additional information individually
identifying the alleged victims, which was forwarded to the State on December 7, 2007.
II.
THE PARTIES’ POSITIONS
A.
The petitioners’ position
18. The petitioners allege that the Guatemalan State intended to totally destroy the
Community of Río Negro and its inhabitants during the years of military repression in
Guatemala. They state with respect to this that the Commission for Historical Clarification
(Comisión de Esclarecimiento Histórico) stated that “some communities, such as Río Negro,
were victims of systematic persecution, aimed at their total elimination.” 2
19. Based on the facts alleged, the petitioners argue that the petition is admissible pursuant to
Article 46(2)(c) of the Convention and that the State is responsible for the violation of Articles
4, 5, 11(1), 19, 24, 8 and 25, in relation to Article 1(1) of the Convention, to the detriment of
the Indigenous Community of Río Negro and its members. In addition, they allege that the
State is responsible for violating Article 27(1) and 27(2) of the Convention, in relation to
Articles 3, 4, 5, 6, 12, 17, 18, and 20 of the same instrument.
20. The petitioners report that the Community of Río Negro, situated in the Río Negro basin,
municipality of Rabinal, department of Baja Verapaz 3, had a population of approximately 600
in 1982, most of them members of the Achí linguistic community of the Maya indigenous
people. According to the petitioners, there were 150 families with eight to 12 members each,
and with four micro-groups of families with the last names Pa Chen, Pa Sánchez, Pa Osorio,
and Pa Iboy.
21. The petitioners explain that in the Community of Río Negro, the families were united and
the land was communal. They cultivated corn, beans, peanuts, squash, and toles, and the
products used for consumption by the community, commerce, and barter (system of
exchange) among members of the same community or with members of other communities
such as Xococ. They also note that the members of the community harvested their products in
the mountain once a year, taking advantage of the rainy season, and throughout the year
crops were planted along the banks of the Río Negro, taking advantage of the availability of
water year-round. In addition, they indicate that some members of the community migrated to
the department of Alta Verapaz and to the southern coastal region on a seasonal basis to work
on the sugarcane, cotton, and coffee plantations.
22. In 1976, the construction of the Chixoy hydroelectric dam project began, which meant,
according to the petitioners, a radical change in the peaceful and tranquil approach to life
among the members of the community of Río Negro. In this respect, they explain that in the
mid-1970s the Guatemalan State began to negotiate with the communities that would be
affected by the Chixoy dam, promising reparations for the damages that would be caused,
2
See petitioners’ brief of July 19, 2005, p. 5.
According to the petitioners, the distance between the community of Río Negro and the municipality of Rabinal is
approximately 40 kilometers, and it is approximately 200 kilometers from Guatemala City. To reach Río Negro one
travels by boat, if approaching by water, or by vehicle overland. See petitioners’ brief of July 19, 2005, p. 2.
3
3