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Argentina: Violent Eviction of Indigenous Community Deemed Illegal

By Sabrina Hummel | The Argentina Independent | May 27, 2013

More than 20 indigenous Tonocoté families were violently evicted from their community in Santiago del Estero on Friday, it has emerged. The eviction has caused an outcry among human rights and environmental organisations from around the country.

The eviction of the area, known as Boca del Tigre, was authorised by Judge Tarchini Saavedra, and began at the crack of dawn as police mounted on horses and armed with tear gas, rubber bullets, and dogs bore down on the site, catching the families by surprise as they slept. Bulldozers meanwhile razed the settlement where the Tonocoté have lived for the last 200 years to the ground.

Despite the court order, the farmers were not shown any papers, adding to the confusion and chaos that reigned supreme during the raid.

Head of the community Reyna Sosa described the event: “They came in the dark, they fired pellets and rubber bullets at us, my three grandchildren have head injuries… my daughter, who is pregnant, suffered a leg injury.”

So far no explanation has been given as to why the police used such excessive force, or as to why they began the operation without saying a word.

Greenpeace has released a statement denouncing the events saying, “we condemn the use of repression against the historic inhabitants of the area” and affirming the illegality of the eviction given the area’s protected status under the ‘Ley de Bosques’.

Arrests were also made, and, as one neighbour put it, “they hit them everywhere… they didn’t even resist… they took them straight to the police station”.

The local newspaper, Ultima Hora, believes that the sudden expropriation of the land was initiated in response to a large upcoming real estate development.

According to the paper, they are interested in “20 hectares of land which belong to the community but which are destined for the construction of a private neighbourhood”.

Sosa expressed her desolation at the turn of events, “I feel so sad and impotent in the face of the situation – that they can come and take away what has always been yours” and pleaded that the governor of the province “have a heart… if he had one he would never have allowed them [the police] to fire at children”.

A mass is planned for next Sunday and human rights organisations and those who are sympathetic to the cause are expected to be in attendance.

May 27, 2013 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , | Leave a comment

UNASUR to Create Military Force

By Laura Benitez | The Argentina Independent | May 9, 2013

The Union of South American Nations (UNASUR) has announced that it will create a united defence body to promote democratic stability among its member countries.

Military delegates of Argentina, Brazil, and Ecuador concluded a two day meeting yesterday in Quito, and agreed on creating the first South American Defence College (ESUDE) – a safety training centre with the aim of turning “the regions into a zone of peace”.

UNASUR has said that the idea behind ​​the project is to “eliminate outdated visions that have formed our military, with manuals and taxes from foreign powers.

“The goal is to start from scratch and consider a defence doctrine, without starting from the premise of opposing countries. It is important to define our role in the military, to assume responsibility for prevention, border control or emergency responses.

“We want to create a body of higher and postgraduate education to create a regional identity for civilians and our military, and to avoid interference of other countries or geopolitical zones,” a UNASUR spokesperson said.

The ESUDE proposal paper will be presented at the next meeting of the executive body for the South American Defence Council in Lima, Peru on the 16th and 17th May. Members who attended yesterday’s meeting in Quito will meet again during the second week of July in Buenos Aires, to define the Esude proposal.

One of the issues that is expected to be up for debate in the following meetings is the level of participation in the armed forces from each country.

The initiative already has the support of other member countries, including Argentina, Brazil, Ecuador, Peru, Venezuela, Guyana, Suriname, and Uruguay.

May 9, 2013 Posted by | Solidarity and Activism | , , , , , , , , , | Leave a comment

Brazil and Argentina Sign Agreement to Build Research and Radioisotope Reactors

Prensa Latina | May 8, 2013

Rio de Janeiro – Atomic power agencies from Brazil and Argentina signed an agreement to build two nuclear reactors for research and production of radioisotopes, said the Ministry of Science and Technology (MCT) today.

The agreement, signed by the Brazilian National Commission for Nuclear Energy (CNEN) and the National Commission of Atomic Energy (CNEA), is centered on the construction of two reactors: the Brazilian Multipurpose Reasearch Reactor (RMB) and the RA-10 in Argentina, said a spokesman from the MCT.

The action meets the Bilateral Integration and Coordination Mechanism, established in the Joint Declaration of 2008 and signed by Presidents Cristina Fernandez and Luiz Inacio Lula Da Silva, said the source.

To carry out the project, both sides created the Bi-National Commission on Nuclear Energy (COBEN) which will be in charge of the construction of both reactors.

The atomic agencies of these South American countries have closely collaborated since 2008. Argentina provides Brazil 30 percent of the Molybdenum 99 (Mo99) radioisotopes which are indispensable in the diagnosis and treatment of cancer.

Since 2011 both countries agreed to move forward on greater integration, and carry out a joint project to develop multipurpose reactors, demonstrating the mutual interest in increasing the peaceful use of nuclear energy.

Both reactors, once manufactured and functioning, will have a total capacity to cover 40 percent of the world radioisotope market.

At the present, only France, Canada, South Africa, Australia and Argentina have the technology to produce radioisotopes.

May 9, 2013 Posted by | Science and Pseudo-Science | , , | Leave a comment

Argentina: Son of Indigenous Leader Attacked in Formosa

By Avery Kelly | The Argentina Independent | May 6, 2013
MG_3822low-12111
Félix Diaz, leader of the Qom community, speaks to the crowd in January 2011. (Photo Patricio Guillamón.)

Late Saturday night, 4th May, a street gang brutally attacked two youths of indigenous descent in the northern province of Formosa. One of the victims is 21-year-old Abelardo Díaz, the son of Qom leader Félix Díaz.

The boys were surrounded by a mob of about 30 people that abruptly began beating them, allegedly using clubs and other objects to attack Abelardo and his peer Carlos Sosa. Both had to be hospitalised, first taken to a local clinic but later transferred to the Juan Domingo Perón hospital in the provincial capital.

Although most details about the attack are still unknown, the Qom community assumes that it is related to their fight to reclaim ancestral lands, in which Félix Díaz has played a key role. On 18th April, Félix received a court order for his prosecution regarding the ‘theft’ of territory he claims for the Qom people.

Abelardo reported a similar instance in which he was beaten in June of last year, when another group armed with knives attacked him, threatening to slit his throat.

Attacks of indigenous people in the Formosa area are not uncommon. Just four months ago a young man from the Qom community was found unconscious after suffering a beating and later died in the hospital.

After his son’s hospitalisation, Félix stated: “My family continues being victim to this violence generated by the province again and again.” He added, “They criminalise me for ‘usurping’ our historic territories. However they will never break me — I will continue asking for respect for our rights and for true justice.”

Two weeks ago a group of congress members part of the Population and Human Development Commission headed by Antonio Riestra began a series of meetings with representatives from local indigenous groups to discuss the humanitarian situation of these communities in Formosa. During the talks, indigenous leaders called for a return of historic lands, access to healthcare, and bilingual education.

May 6, 2013 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , , | Leave a comment

Argentina: Three Ex Military Sentenced For Crimes Against Humanity in Jujuy

By Denis Culum | The Argentina Independent | May 4, 2013

Three former military officials during the 1976-83 dictatorship were found guilty of crimes against humanity yesterday in the first trial for such crimes in the northwestern province of Jujuy.

The Federal Court of Jujuy (TOF) sentenced two former military officials, Mariano Rafael Braga and José Eduardo Bulgheroni, to life imprisonment. Meanwhile, the third defendant Antonio Orlando Vargas received a sentence of 25 years in prison, according to the Judicial Information Center (CIJ).

The Court found the first two defendants guilty of numerous murders and the third one of illegal deprivation of freedom and aggravated torture in several cases. The heads of trial were judges René Vicente Casas and Marcelo Juárez Almaraz. Before reading the decisive part of the judgment, TOF rejected all the arguments presented by the defendants and considered the facts of the case as “crimes against humanity” and therefore impossible to fall under statute of limitations.

Human rights organisations, relatives and witnesses, were satisfied with the verdict – both in and out of the courtroom. After waiting for 35 years, some 30,000 people gathered around the Court House to celebrate a day of justice with hugs and tears.

Braga will be transferred to the Marcos Paz prison to serve his sentence, Vargas will stay in Ezeiza. Bulgheroni, for health reasons, will go to Prison Unit 7 in the city of Resistencia, Chaco.

Braga and Bulgheroni were military intelligence officers during the military dictatorship, and Vargas worked as a supervisor in the Jujuy Prison, which at the time was serving as a clandestine detention centre.

An estimated 130 people were disappeared in Jujuy during the dictatorship. Alongside this trial, the Ledesma case – investigating the kidnapping of workers at a sugar company based in Jujuy – is looking into civilian involvement in the disappearances.

May 4, 2013 Posted by | Civil Liberties, Timeless or most popular, War Crimes | , , , , , , , , , , | Leave a comment

In Search of Their Roots: The Mapuche and Modern Society

By Aigul Safiullina | The Argentina Independent | April 29, 2013

Around five hours after leaving Bariloche our bus suddenly stops in the middle of nowhere. “Leleque. La comunidad,” the driver announces. “We’ve arrived muchacha”. Outside, fields stretch towards mountains and the eye struggles to fix on the horizon. There is nothing resembling a town or even village outside the bus, only a tiny improvised wooden gate and a sign on a huge white canvas that says: “Comunidad Santa Rosa. Territorio Mapuche recuperado” (Santa Rosa community, Recovered Mapuche territory).

A sign on the fence reads: 'Santa Rosa community. Recovered Mapuche territory.' (Photo: Fabio D'Errico)

A sign on the fence reads: ‘Santa Rosa community. Recovered Mapuche territory.’ (Photo: Fabio D’Errico)

Here, in a forgotten place, lost in the very heart of Patagonia, we have arrived at the point of a now globally-famous conflict: Santa Rosa de Leleque, where the indigenous Mapuche community is engaged in a long struggle to reclaim land they say is rightfully theirs from one of the world’s most recognisable clothing brands.

The Benetton Case

When we arrive, Santa Rosa de Leleque is bustling with people, as it has been for the last six years. Not only is this is the week of Kamaruko, the main religious festival of the Mapuches, but it is also the anniversary of the recovery of this stretch of land by the Curiñanco – Rúa Nahuelquir family and 30 other community members on 14th February, 2007.

“They’ve been evicting us from our land for many years, using physical power and law of those who had invaded our territories,” Rosa Rúa Nahuelquir leaves her kitchen utilities for a while as she talks. “But we know we are stronger, because the truth is on our side and we will stand for it, no matter what it costs us.”

Dancing and celebrating around the fire. (Photo: Fabio D'Errico)

Dancing and celebrating around the fire. (Photo: Fabio D’Errico)

Atilio Curiñanco y Rosa Rúa Nahuelquir first entered the territory now called Santa Rosa de Leleque in August 2002. They planned to return to their ancestral land and start a new life after long years of working in the factories of Texcom and Frigorífico in nearby Esquel. And so began a long legal struggle with the global corporation Benetton Group over 535 hectares of remote land in the province of Chubut, Argentina.

The Curiñanco – Rúa Nahuelquir family claims the territory as part of that which originally belonged to their ancestors before the colonisation of Patagonia in the 19th century. Benetton Group, meanwhile, insists on the land certificate issued in 1991, when the corporation purchased over 900,000 hectares from the British company The Argentine Southern Land Company Limited (CTSA).

Atilio Curiñanco recalls: “We presented a written statement at the police station of Esquel after consulting with the Autarkic Institute for Colonisation and Rural Development (IAC), which verbally confirmed that the space was public and abandoned for many years.” According to Curiñanco, many other campesinos from nearby territories used the space to gather wood it was all dusty and windy and required a lot of work to make the piece of land productive. However, only a few days after they had entered the territory, local police made inquiries about the “land usurpation” and soon returned with a legal claim by CTSA.

In October of that year, the Curiñanco – Rúa Nahuelquir family was forcefully evicted from Leleque, having all their belongings either confiscated or destroyed. In 2004, the family travelled to Italy to meet Luciano Benetton, who offered around 2,500 hectares of the land to all indigenous communities in the region as a donation. “We obviously refused the offer, as Benetton wasn’t eligible to donate something he didn’t own,” Rosa Nahuelquir says, indignantly.

Benetton later proposed a donation of the same amount of land to the Argentine government who could distribute it among indigenous communities. In 2005, the government of the province of Chubut also refused the offer, announcing that the 2,500 hectares were unproductive and saying it would not enter into any conflict with the inhabitants of the territory.

In February 2007, the couple came back to Leleque with 30 other community members and began to build a house. CTSA immediately accused them of damaging the territory, though the penal court found the claim illegitimate. In the five years since, the family has faced many more legal claims from CTSA with charges for property destruction and eviction orders, the latest coming in February this year. The family has repeatedly rejected these claims, based on their need to cultivate plants, raise domestic animals, and build basic living conditions to survive. “How could I let my family die from hunger because of someone else’s cruel decision?” Curiñanco asks rhetorically.

Mapuche vs Benetton. (Photo: Fabio D'Errico)

Mapuche vs Benetton. (Photo: Fabio D’Errico)

Mapuche in Argentine

The ‘Mapuche vs Benetton’ case has attracted a lot of attention from global and local human rights organisations, the media, political parties, fixing an unflattering spotlight on a range of problems – from land conflicts to racism and equality.

The Argentine state included indigenous rights in the Constitution only in 1994, when it recognised “the legal capacity of these communities to the possession and property of land that they have traditionally occupied.” Yet those who have tried to exercise this right face long legal battles against powerful foes. Benetton is just one in a long list of corporations and celebrities engaged in land conflicts with the Mapuches – others include Levi Strauss & Co, Grupo Loma Negra, Jane Fonda, Ted Turner, Emanuel Ginóbili, Marcelo Tinelli, Lopez Rey and many others.

In the 2013 annual report issued by The Observatory of Human Rights of Indigenous peoples (ODHPI), investigators say about 347 Mapuches are currently involved in lawsuits related to the land conflicts just in the province of Neuquen. “They [the government] make us feel as foreigners in this country, but at the same time they give out all lands to the foreigners!” claims Ruben Curricoy, a Mapuche activist from Bariloche. The ODHPI report, which focuses on Neuquen, Rio Negro and Chubut this year, adds: “Territorial dispossession continues to be the main obstacle for indigenous people to survive and develop in Patagonia as autonomous population.”

To understand the power and complexity of today’s land struggles in Patagonia, it is important to remember the history of Argentina and the treatment of indigenous people. You need go no further than Argentina’s $100-bill for a reminder of the infamous ‘desert campaign’ run by president Julio Argentino Roca in 1878 – 1885, which empowered Argentina as a leading agricultural country via the genocide of indigenous people who were evicted from their lands and killed. Back then, those families that invested in the campaign were handsomely rewarded, as one family descendant, who preferred not be named, recalls: “A beneficiary would be asked to look forward and take all the land that his eye was able to capture. And believe me, some people used to have a very good vision.”

Curricoy is quick to give other historic examples: “The government talks about 30,000 disappeared people during the dictatorship period. It’s not true. They only count disappeared huincas (a ‘white person’ in the Mapusungun language), while our people were dying in much higher numbers. I admire the fight of Madres de Plaza de Mayo, however, I can’t imagine an indigenous mother being heard by society. Only because she is not as white as a huinca.”

Indigenous people from all over Argentina marched to and in Buenos Aires to proclaim their heritage and be heard by the government during the Bicentennial celebrations (Photo: Beatrice Murch)

Even with recent advances, many in the Mapuche community still feel as though they are misunderstood. Curricoy remembers a visit to the Casa Rosada during the country’s bicentenary celebrations in 2010, when President Cristina Fernandez de Kirchner made a joke about the use of modern facilities after one of the delegate’s cell phone rang. “That was a turning point and made it clear that indigenous people were still excluded from this country really,” says Curricoy.

In another recent example, when three Mapuche communities in Neuquen were attacked by ten unidentified people, mainstream media barely covered the event.

The ODHPI report concludes: “the government bodies that are supposed to respond to the legal claims of indigenous people don’t perform their work” and in some cases even contradict the law. The report emphasises on the overall support that the government shows to private companies, speculating in such industries as exploitation of natural resources, tourism, and construction at the cost of indigenous people. In addition, the recent reforms to the Civil Code, proposed by the government, “will provoke more evictions and prosecutions for land usurpation” according to the ODHPI report.

Communitarian vs Private Property

With the provinces in desperate need of foreign investments and incomes, it is hard to imagine local governments supporting those who have no intention to exploit the land for commercial interests, like the Mapuche community, whose whole philosophy is built on protection of mapu, the land.

Atilio Curiñanco digs his land in Patagonia. (Photo: Fabio D’Errico)

Atilio Curiñanco digs his land in Patagonia. (Photo: Fabio D’Errico)

Sharing is one of the fundamental values among the Mapuche – in the Mapusungun language there are no such words as ‘no’ and ‘property’ – and this further complicates the land conflicts involving Mapuch communities. “We don’t have land certificates, because the ones we need don’t exist,” explains Ruben Curricoy. “We were offered individual deeds, which imply higher taxes and a lot of restrictions. Moreover, individual forms of property go against our philosophy of a communitarian form of life.”

According to the Mapuches, a ‘communitarian property certificate’ would include all members of the community and prevent selling of the land. Every member in this type of property has the same rights and opportunities to use the land. As the leadership style among Mapuches is horizontal, no one would have special privileges in decision-making and distribution.

“However, it is sad to see so many villages that can’t grow territorially with the population growth, so our future generations basically don’t have land to live and work on. And how would they, when on the left you have one owner and on the right another one?” Curricoy shakes his head.

The Struggle for Identity

For Gustavo Macayo, former lawyer of the Curiñanco – Rúa Nahuelquir family, the Benetton case is especially important in creating awareness of the Mapuche struggle. “This case has placed the whole situation with the foreign land ownership into a very important point and opened so many profound questions of Argentine society, questions that had never been asked.” Moreover, according to Macayo, those historical, ethical and juridical questions had always been hidden and silenced before the legal studies around the case of Leleque came into light.

“The problem goes outside of the small territory of Leleque. It includes at least three provinces in the south, where the Mapuche population counts on big numbers and is becoming aware of their land rights,” adds Macayo.

Curiñanco hopes the notoriety of his family’s case has also helped some younger generations rediscover their ethnicity. While many in Buenos Aires would probably be surprised that the ‘People of the Earth’ use cell phones, drive cars, watch TV, speak Spanish among themselves, and do most activities considered ‘normal’ for Westerners, some differences between the cultures remain very obvious.

Emmanuel Maripi from Comodoro Rivadavia is 21 and has diverse roots that include European and indigenous ancestors. He discovered he was Mapuche when he turned 18, and since then has started learning deeper about the culture of his grandparents and practicing traditional customs. This year’s Kamaruko was his first one and, a musician, he learnt a few Mapuche’ songs to perform them at the festival. “I live my life in the city in the same way as any other person of my age,” Emmanuel shares during a break between performances. “I study, work, hang out with my friends, take part and organise events related to music. At the same time, I see that a big part of my identity belongs to Mapuche society, and now I always try to find some time to spend close to the nature and understand better who I am as a Mapuche.”

“However, we also see other examples, when our people give up or even criticise us,” Curiñanco says sadly. “Some of them even don’t consider themselves Mapuches and feel ashamed of their roots.

Atilio Curiñanco holds the mate as he discusses the plight of the Mapuche in Patagonia. (Photo: Fabio D’Errico)

Atilio Curiñanco holds the mate as he discusses the plight of the Mapuche in Patagonia. (Photo: Fabio D’Errico)

“Many of them live in the cities where they are marginalised pretty quickly, and bring the fame to the whole ethnicity as criminalised and dangerous,” Curricoy joins the conversation and brings examples of big cities like Buenos Aires, Bariloche that count with a large number of Mapuche’ descendants.

Conversely, those that visit the Mapuche community in Leleque are always welcomed. “We’ve got visitors from all the parts of the world,” señora Rosa Rúa Nahuelquir recalls, “journalists, human rights defenders, artists, and a lot of policemen.” At this last word, she smiles ironically. “Our doors are open to everyone, regardless if the person is Mapuche or huinca and we never know if we can trust all these visitors. But we do anyway. We never learn from our mistakes…”

She is right. In eight days we spent in Santa Rosa de Leleque, each day was highlighted with an external visit. Every person was received warmly and invited to share meals, mate and conversations with the inhabitants.

Some visitors become lifelong friends, like Florencia Santucho, director of Argentina’s Independent Film Festival for Human Rights. Santucho has supported Curiñanco – Rúa Nahuelquir family since 2003. Nine years ago she produced a documentary called MariciWeu that narrates the story of the Curiñanco – Rúa Nahuelquir family and raises questions regarding their human rights’ violations. Not only she is perceived as a friend in this community, but also as one more Mapuche who continuously learns and incorporates parts of their culture in her own life.

“When you understand the Mapuche vision of the world you won’t have any more questions,” Santucho assures. “Recovering the land is a part of the ‘cosmovision’, which allows Mapuches to gain power in other aspects of their identity. Talking about Atilio Curiñanco, she shares: “He used to be a very timid person who never spoke a lot and didn´t seem confident at all. Now, I observe him as the person with a decent and firm position, and I am sure it comes thanks to his struggle for the land, for identity and connection with the Earth. Ñoque Mapu (Mother Earth) sees that and rewards with even more power.”

Where Civilisations Collide

“The powerful always have more rights, but we have different values that don’t fit into the western way of life,” Curiñanco looks at the Ruta 40 in only few metres from his house. “Some people consider us backward for our views and principles, but having another was of thinking doesn’t mean you shall destroy it with rules that go against our vision.”

The newest house under the stars. (Photo: Fabio D’Errico)

The newest house under the stars. (Photo: Fabio D’Errico)

Leleque now symbolises a spot, where two civilizations clash with their fundamental differences. On the one side is the owner of a big corporation with a network of over 6,500 stores, a total income of 2 billion euro a year, and over 900,000 hectares of Patagonian lands. On the other side is the Mapuche community, which believes in a communitarian type of lifestyle and simple, self-sustaining living.

“In the last ten years we’ve observed how Benetton was trying to avoid this case and show it as something small and less important. And I believe they will keep with that strategy,” Macayo speaks about the future of the case. “The Mapuches will do all they can to bring more problems to the surface, starting with the essential one – colonisation.”

Meanwhile, the Curiñanco – Rúa Nahuelquir family deals with another criminal suit filed by CTSA, who have now targeted INAI, an institution that works with indigenous people, and provides the legal support to the Mapuche family. At the moment Supreme Court is in charge of it, which might take two or three more years due to the complexity of the issue.

“We will obviously continue the fight, as there is no way back,” Curiñanco firms his position. His eyes sparkle and his voice gets stronger. “This is our land and we are responsible for it. It has given so much to us that it would be a crime not to take care of it…”

As we talk, on the other side of the room little Rosita, a granddaughter in the Curiñanco – Rúa Nahuelquir family, is learning some basic Italian words from Fabio, an Italian photographer who arrived in Leleque with his personal project. She absorbs the new language rapidly, and soon they are speaking basic Italian and then switch to Spanish and even teaches some Mapusungun in terutnr. It’s a small scene that depicts a wider hope that dialogue is always possible between our civilisations, even though it requires a lot of will from both sides.

April 29, 2013 Posted by | Economics, Ethnic Cleansing, Racism, Zionism, Timeless or most popular | , , , , , | Leave a comment

Argentina vs. the Vultures: What You Need to Know

By Arthur Phillips and Jake Johnston | cepr Americas Blog | April 2, 2013

Just ahead of the midnight deadline set out by the U.S. 2nd Circuit Court of Appeals’ three-judge panel, Argentina’s government submitted a letter (view document here) describing how it would go about paying holders of defaulted bonds. The payments would be for creditors who refused to take part in two previous debt exchanges, including the so-called “vulture fund” plaintiffs in this ongoing case, NML Capital, Ltd. V. Republic of Argentina.

Following the letter’s submission, a number of financial analysts quoted in the major media were unimpressed by Argentina’s latest move. The Wall Street Journal noted that one portfolio manager said “There was some hope they would have a more rational approach to this exercise, but that’s definitely not the Argentina way.” Financial analyst Josh Rosner predicted to an AP reporter that “Monday morning is going to be a disaster.” He also asked, “What if somebody took that new bond, and the Argentine government defaulted the next day?” Rosner may have momentarily forgotten that the South American government has made timely payments on all the bonds issued in the 2005 and 2010 settlements. The gist of the response in the media was “more shenanigans from Argentina.”

But what was lost in most reactions in the media is that Argentina has made significant concessions to creditors that until recently it had vowed, on principle, not to offer. (The plaintiffs, for their part, have shown no willingness to compromise.) Furthermore, the terms offered to NML would represent a sizeable return on the fund’s original investments in 2008 and would satisfy the requirement under the pari passu clause—which is at the heart of the case— that all bondholders are treated equally. Indeed, to offer a sweeter deal would appear to violate that clause at the expense of bondholders who took part in the 2005 and 2010 exchanges and accepted restructured bonds worth between 25 and 29 cents on the dollar.

With this in mind, the offer that Argentina presented on Friday followed the terms of the 2010 exchange. Plaintiffs could choose between “Par” and “Discount” options. The former would be worth the face value of the original bonds and would pay interest rates rising from 2.5 percent to 5.25 percent until they came due in 2038. Plaintiffs would also receive an immediate payment of interest past due since 2003, the same period offered to participants in the 2010 exchange, and would receive “GDP units” that would pay them whenever Argentina’s GDP growth exceeds 3 percent per year. The “Par” option, meant for small-holders of Argentina bonds, is limited to $50,000 per series of bonds.

The second option offers discounted bonds, meant for the larger institutional investors, with interest rates of 8.25 percent, part of which would be added to the principal (and therefore accrues a greater total payout). Plaintiffs would also receive an upfront payment of past due interest, but at a higher (8.75 percent) rate than under the Par option, and GDP Units for when the economy grows beyond 3 percent.

As Argentina argues in its letter, the proposal “provides for a fair return going forward, and also gives an upside in the form of annual payments if Argentina’s economy grows.” This worked out for those who took part in previous exchanges, as the Argentine economy grew by 94 percent in real terms in the 10 years after default. Argentina goes on to make the argument that the plaintiffs cannot use the equal treatment clause—the case’s linchpin—to “compel payment on terms better than those received by the vast majority of creditors who experienced precisely the same default as plaintiffs, and whose restructured debt obligations arose out of, and served as consideration for the surrender of, the very same defaulted debt held by plaintiffs.”

In its letter to the court, Argentina provides a breakdown of what it is offering to “vulture funds” versus what the payment formula from the original district court decision, of which the current proceedings are an appeal, would imply. The results can be seen in the following table.

Argentina 3

The key point here is that the lead plaintiff, NML Capital, as well as the other “vulture funds,” bought most of this debt for just cents on the dollar after Argentina’s default. NML purchased the majority of their holdings from June-November 2008, paying an estimated $48.7 million for over $220 million in defaulted bonds, a price of just over 20 cents on the dollar. The Argentine offer, far from forcing NML to take a loss, would imply a 148 percent aggregate return in terms of current market value, and would become more valuable over time. This compares to the payment formula proposed by the district court, which would imply a 1,380 percent return for NML.

Despite what many reporters have written, Argentina—not the district court or NML Capital—appears to enjoy broad support in this case and on this particular legal matter. The list of institutions that have explicitly disagreed with the court’s ruling is formidable: the Bank of New York Mellon, the American Bankers Association, and the U.S. government, for starters. Given Washington’s recent relationship with Buenos Aires, it is striking to see the government so strenuously argue Argentina’s case, as it did in an amicus brief: “the district court’s interpretation of the pari passu provision could enable a single creditor to thwart the implementation of an internationally supported restructuring plan, and thereby undermine the decades of effort the United States has expended to encourage a system of cooperative resolution of sovereign debt crises.” It is even more striking given the expensive lobbying campaign on behalf of the “vulture funds.”

Argentina’s offer has fueled speculation among financial analysts that Argentina “is now much more likely” to default, as they do not expect the court to accept the offer. Yet unlike most cases of default, where a government either cannot or will not pay, a default for Argentina this time would be because the district court bars the government from making payments to bondholders who took part in previous exchanges. Argentine Vice President Amado Boudou stated over the weekend that “it would be a judicial absurdity to block payments by a country that has the capacity and willingness to pay.” He added, “one way or another, Argentina will pay.” If the court rules against Argentina and prevents the U.S.-based financial institution that makes payments on behalf of the government from paying bondholders, Argentina could use a different financial institution outside the jurisdiction of the New York courts to continue making payments.

What the case really boils down to, and what is often missing from discussions about NML or the court’s ruling, is that the court is siding with the vulture funds in a case in which they have no legitimate claim.  The Argentine debt restructuring was not a choice—the government could not pay its debts after the economic collapse of 1998-2002. As a result, an agreement was reached between the creditors and the government.  Of course, the debt in question is also arguably illegitimate—racked up by a military dictatorship working with international financiers, along with an economic collapse for which the international community, represented by the IMF, had a major responsibility.  But even aside from these questions of legitimacy of the original debt, to give in to the vulture funds’ claim would be to deny the validity of any sovereign debt restructuring, for the enrichment of a few hedge fund managers. This is something that the world cannot afford, and it is indefensible.  As the Jubilee USA Network, a coalition of civil society and faith-based organizations, said in a statement responding to Argentina’s recent letter, “the behavior of these vulture funds is morally bankrupt.”

April 3, 2013 Posted by | Deception, Economics | , , , , , | Leave a comment

Plan Cóndor: The Search for Justice

By Emily Tarbuck | The Argentina Independent | March 20, 2013

Earlier this month, a trial of monumental historic significance commenced in Argentina. A trial that will see a group of military leaders prosecuted for their involvement in the ‘Plan Cóndor’ campaign; an agreement between the right-wing dictatorships of South America which led to the disappearance and murder of up to 80,000 people during the 1970s and 1980s.

In what is expected to last two years, and call upon over 500 witnesses, the trial represents a significant step towards achieving justice for crimes against humanity committed at the hands of the Southern Cone’s brutal collusion.

The History

The brutal right-wing military dictatorships that raged terror and political oppression across the continent defined the 1970s and 1980s in South America. The exact number of victims is disagreed upon, but it is estimated that the era saw the ‘disappearance’ of over 60,000 people in the fight to eradicate communist influence on the continent.

The sprawling dictatorships across the continent led to the clandestine kidnapping, torture, and murder of thousands of Latin Americans, with the aim of “eliminating Marxist subversion”, from Argentina, to the Augusto Pinochet-ruled Chile.

Targets of the eradication were officially stated as members of left-wing armed groups such as the MIR (Chile), the Montoneros (Argentina), and the Tupamaros (Uruguay), although the operation targeted trade unionists, family members, and anyone remotely considered a ‘political opponent’.

The formation of ‘Plan Cóndor’ – or ‘Operation Condor’ in English– was paramount to the continuation and reach of the dictatorships. The collusion of Argentina, Chile, Uruguay, Paraguay, Bolivia, and Brazil (and later Ecuador and Peru) enabled leaders to obtain resources and allies, thus continuing their left-wing eradication.

Set in the context of the Cold War, there was a palpable communist fear felt across the globe; something that enabled the dictatorships to garner significant funding and assistance from the United States. Declassified CIA documents –thousands of which were released in 1999 (here, here, here, and here)- show the key role the US played in the proliferation of the dictatorships. Politicians such as former Secretary of State, Henry Kissinger have been heavily implicated as having been fundamental in the realisation of the kidnapping, torture, and murder of political enemies.

Argentina in particular saw one of the highest cases of ‘disappearances’ during the period of mass military dictatorships, with human rights’ organisations estimating the figure to stand at 30,000. Justice for the crimes against humanity committed during this period of state terrorism arguably began with the Juicio a las Juntas in 1985. The trial proved the crimes of the dictatorship for the first time, and led to the imprisonment of key figures such as Jorge Videla and Emilio Massera, both of whom received life imprisonment sentences, along with numerous others.

However, the work of the historic trial was largely undone, or at least heavily marred, by the amnesty laws passed during Raul Alfonsin’s government, which protected military officers from allegations and prosecution for crimes against humanity. This was followed by President Carlos Menem’s pardoning of the junta leaders in 1989. Protests and campaigning by organisations such as the Madres of Plaza de Mayo were fundamental in the repeal of the amnesty laws by the Argentine Supreme Court in 2005 under the government of Néstor Kirchner.

The Trial

For the first time, the collusion between governments and dictators under the ‘Plan Cóndor’ campaign will be investigated. Twenty five defendants are on trial in Buenos Aires in what has been described as a ‘mega-trial’, expected to last two years and scheduled to hear 500 witness statements. Lawyer Carolina Varsky described the trial as: “historic as it’s the first to deal with the repression coordinated between Latin American dictatorships.”

All suspects being tried are Argentine, with the exception of Uruguayan Manuel Cordero, who is accused of participating in death squads and torture at the Orletti clandestine detention centre in the city. Cordero was extradited by Brazil, where he was living prior to the trial. The list of defendants features 22 Argentine military intelligence officers and agents, including former de facto presidents Jorge Videla and Reynaldo Bignone, both of whom are already serving life imprisonment sentences, which they will most likely not outlive.

Argentine political scientist Ariel Raidan spoke with The Argentina Independent about the significance of the commencement of the trial, and said how it signifies the government’s focus on “building a more just society, where truth and justice come first, overcoming years of impunity.”

“The countries of the continent are beginning to revise its tragic past. Both advances and setbacks have occurred in the fight for justice over the years, but this trial has a clear conviction to expose as many facts as possible” continued Raidan.

The trial will investigate the cases of over 170 victims, including 65 who were imprisoned at the infamous Orletti torture centre in Buenos Aires. Victims were often kidnapped from their home country and transported to the facilities of a neighbouring country; a practice made possible by the collusion of governments in the Southern Cone. Much evidence to be examined in the trial, and what prosecutors are heavily basing their case upon, comes from the now declassified US documents, obtained by the non-governmental organisation National Security Archive. Released under the Freedom of Information Act, the documents detail how Henry Kissinger and many other high-ranking officials in the US not only gave full support and funding to the Argentine military junta, but also urged the country to accelerate protocol and finish their operations before the US Congress cut aid. The documents, featuring signatures of many high-ranking officials, have led to accusations that the US was a secret collaborator, partner, and sponsor of the operation.

Additionally, documents identified as the ‘Archives of Terror’, discovered in a police station in 1992, were significant in the uncovering of the role of Colombia, Peru, and Venezuela. These countries provided intelligence information that had been requested by ‘Plan Cóndor’ participating countries.

The victims are comprised of approximately 80 Uruguayans, 50 Argentines, 20 Chileans, and a dozen from Paraguay, Bolivia, Peru, and Ecuador. The disappearance of two Cuban consulate officials will also form part of the proceedings. Out of the 170 victims, 42 survived the dictatorship’s brutal treatment and many of them are expected to give first hand accounts during their testimonies in court. The remaining victims were murdered or ‘disappeared’ at the hands of the Cóndor agreement.

John Dinges, author of ‘The Condor Years: How Pinochet and his Allies Brought Terrorism to Three Continents’, said that, “this is historic in the sense that we’re going to hear from 500 witnesses. And really, in the Latin American legal system, it’s unusual. It’s really only coming to the fore now that you hear witnesses, as opposed to just seeing them give their testimony to judges in a closed room, and then later on people like me might go and read those testimonies, but really it doesn’t become public. This is all public. And apparently, a lot of it is being videotaped. So this is the first time that the general public is going to hear the details of this horrible, horrible list of atrocities that killed so many people.”

Alcira Ríos, the lawyer representing a Paraguayan victim whose case is to be tried in the coming months, said “we’re delighted that after years of struggle this has finally come to trial… the ‘disappeared’ deserve justice.”

The Future

Raidan spoke of his hope that “the trial will shed light on the specific articulation and coordination of the military juntas that ruled the countries of the Southern Cone”. The hope of many is to see clandestine details released that have for so long been shrouded in secrecy and cover-ups. The culmination of new documents, evidence, and witness statements has created a strong sense of hope that further justice will be achieved over the course of the trial. “The documents are very useful in establishing a comprehensive analytical framework of what Operation Condor was,” said Pablo Enrique Ouvina, the lead prosecutor in the case.

Miguel Angel Osorio, federal prosecutor in the case, has said that he is convinced of the existence of Operation Condor and that he believes it will be clearly proved, as well as “the actions of those implicated [in the plan] which prove that there was a illicit agreement to move people from one country to another”.

Perhaps closure will not be fully achieved over the brutal repression and crimes against humanity committed during this era, but there is a palpable sense surrounding the case that some semblance of a resolution will be achieved; that justice will be reached.

March 20, 2013 Posted by | Civil Liberties, Subjugation - Torture, Timeless or most popular | , , , , , , , , , , | Leave a comment

Former Argentine Dictator Calls for Coup Against Cristina Kirchner’s Government

By Sara Kozameh | CEPR Americas Blog | March 19, 2013

On Saturday March 16th, a weekly newspaper from Spain, Cambio16, published an interview with jailed former Argentine dictator Jorge Rafael Videla. Videla is serving two life sentences, another 50-year sentence, and continues to stand trial, for crimes against humanity, kidnapping, torture, and the unlawful appropriation of babies (that were taken from female prisoners who gave birth in captivity before they were murdered). These were crimes that he and fellow junta leaders committed following the 1976 coup d’état that they directed and that was responsible for the kidnapping, torture and deaths of an estimated 30,000 Argentines.

When his interviewer, Ricardo Angoso, whom Página/12 points out is a stated opponent of the Kirchner government and far-right journalist, asked him what he would say to his “comrades” also serving time in prison for similar convictions, he stated:

I want to remind each one of them, especially the younger ones, who today on average fall between the ages of 58-68, and are still physically capable of combat, that in the case that this unjust imprisonment and slandering of the republic’s basic values continues, you reserve the duty of arming yourselves again in defense of the republic’s basic institutions, which are today being trampled upon by the Kirchner regime, led by president Cristina and her henchmen.*

According to Página/12, Videla also accuses the current government of wanting to turn towards a “failed communism of the Cuban sort.” He then declares that “it will again be the security and armed forces who, along with the people –from which they [the security and armed forces] originate- will impede it”.

As most people who pay attention to international economics can easily tell, the Kirchners’ economic and social policies fall far from this characterization of “failed communism,” and are in actuality those of a democratic western-style capitalist economy with some elements of a social-democratic state.

But that did not stop Videla from calling the armed forces to combat:  he issued a plea for the “citizenry to reject the dictators of Kirchnerism and its henchmen” and to make the “sole totalitarianism that currently governs… bite the dust forever” in Argentina. Finally, he called out the current opposition, accusing them of having “succumbed to fear and the bribes that the government imposes in all areas”.

Videla’s comments come at a time when Argentina and its government are being praised internationally for human rights trials that have convicted and brought to justice scores of perpetrators of human rights abuses during the dictatorship. Most recently, the trial against perpetrators of “Plan Condor” –a coordinated effort by the militaries of several South American countries to wipe out all opposition to their dictatorships- is under way as Argentina’s largest human rights trial yet.

Major news outlets from all ends of the political spectrum in Argentina covered Videla’s interview, with headlines such as “A golpista provocation by Videla from Prison” in the conservative and opposition newspaper El Clarín, and “Videla Called for an Armed Uprising by the Armed Forces” in the anti-government La Nación.

Former dictator Videla has also been in the news lately as the election of the new pope, from Argentina, has revived debate over accusations against Pope Francis and his ties to the dictatorship, and the well-established complicity of much of the Argentine Catholic Church in the regime’s repression.

*All translations were made by the author of this post.

March 20, 2013 Posted by | Militarism, Subjugation - Torture, Timeless or most popular | , , , , , | Leave a comment

Argentina should be self-sufficient in energy in five/six years says YPF

MercoPress | March 18, 2013

Argentina’s energy self-sufficiency can be expected in five to six years said Miguel Galuccio, CEO of YPF, the oil and gas corporation which was nationalized a year ago when the government of President Cristina Fernandez seized a 51% majority from Spain’s Repsol.

CEO Miguel Galuccio is hoping to develop the Vaca Muerta shale deposits CEO Miguel Galuccio is hoping to develop the Vaca Muerta shale deposits

“We can think of recovering self-sufficiency in oil and gas in 5 to 6 years”, said Galuccio who pointed out that “much depends on planning, an investment plan and putting all our energy to substitute all we are purchasing now with local energy which will be far cheaper”.

YPF is planning to invest 5bn dollars in “exploration and production of gas and oil” said Galuccio. “We need to transform those reserve resources so that they become exploitable. In 2013 we are planning to drill 113 wells to generate the sufficient scale production so that it becomes profitable”.

“If we can manage to exploit Vaca Muerta we can think of a 20/25 year horizon in reserves” he added in reference to the non conventional shale oil reserves in the province of Neuquen considered some of the largest in the world.

However despite the long path to self sufficiency that lies ahead, Galuccio said that YPF has managed to stop the decline of production after several years. According to YPF crude production last year was up 2.2% compared to a downfall of 7.6% in 2011, while gas production was down 2.3% compared to a contraction of 10.2% in 2011.

YPF that has announced a long term investment of 7bn dollars annually from 2013 to 2017 is currently under the Argentine government control since las May when Congress approved a bill nationalizing 51% of Repsol shares, which nevertheless retains 12% of the current package.

March 18, 2013 Posted by | Economics | , , , , | Leave a comment

British Analysts Side with Argentina on Falklands/Malvinas dispute

By Sara Kozameh | CEPR Americas Blog | March 15, 2013

On Tuesday, the results of the British Referendum on the Falkland/Malvinas Islands came in. According to the BBC, out of the 1,517 votes cast in the referendum, representing 90 percent of eligible voters on the island, all but three of them voted for having the islands remain territory of the U.K. As the British government must have realized before holding the poll, this is not surprising. Despite the relative proximity of the islands to the Argentine mainland, their inhabitants of the island have very few ties to Argentina:  they are descendants of British colonizers, they speak English and maintain British traditions and citizenship.

An episode that aired Wednesday of the Russia Today TV program “Crosstalk” focused on the question of sovereignty and self-determination of the islands and featured an Argentine researcher, an analyst from the conservative Heritage Foundation, and a British historian who sided with Argentina’s legal claim for sovereignty on the islands.

Among the highlights from the episode is a discussion over whether the claim for the islands is an imperial project of the U.K. or whether the claim is legally legitimate.  Luke Coffey, a “Margaret Thatcher Fellow” at the Washington D.C.-based Heritage Foundation, argues [9:40] that the islands are in no way a British colonial project, while British historian, Richard Gott, disagrees [10:07]:  “I’m afraid it’s just not true. The British seized the islands in 1833 and subsequently settled it…”

As Gott and British journalist Richard Norton-Taylor both point out, Britain has always been aware that its claims to the islands may not have been very strong. Norton-Taylor writes:

The dispute over sovereignty has been going on for centuries, and Britain has never been really confident over its claim to the islands. In 1829, the Duke of Wellington observed: “I have perused the papers respecting the Falkland Islands. It is not clear to me that we have ever possessed the sovereignty of all these islands.”

Prior to the 1982 invasion of the islands by the leaders of the bloody Argentine military dictatorship, the two countries had been negotiating potential deals, with options on the table that included a lease-back plan and joint- sovereignty. Newly released British archives show that Margaret Thatcher was in favor of reaching a negotiated deal even after the April 2nd invasion.

Despite the British rhetoric behind this week’s referendum, other British analysts maintain that the 2,932 inhabitants of the islands– who are, by the way, outnumbered 167 to 1 by sheep- do not actually have a right to “self-determination” in this case. As Seumas Milne argues:

Self-determination requires a recognised and viably independent people, which is why the UN has rejected its application to the islands. Clearly the residents of, say, the Wallops in Hampshire, with a similar-sized population to the Falklands-Malvinas, can’t exercise such a right. Nor can forced colonisation of other people’s lands legitimate self-determination – otherwise Israeli settlers in the occupied West Bank would have the right to decide the future of Palestinian territory.

Near the end of the Crosstalk episode referred to above, Luke Coffey insists on his position regarding self-determination: [18:20] “There is nothing to discuss here. As far as the U.K. is concerned, as far as the Falkland Islanders are concerned, this matter is settled. The Falkland Islanders voted overwhelmingly to be part of Great Britain. And we should respect that.”

Chuckles from all the other participants on the show follow as Richard Gott answers him: [21:19] “One of the purposes of the referendum is to use it as a propaganda point in the United States and I’m sure Luke, that you will be active in that… in trying to persuade the Americans to side with the British and not with Argentina.”

Something that nobody mentioned is the vested interest that the U.K. Defense Ministry probably has in maintaining control over the island. The Falkland-Malvinas are also home to a British military base, its 1,300 U.K. military personnel, and the various [PDF] artillery, aircraft, and missiles that are also stationed there.

Argentina has unanimous support from regional governments on its claim to the Falkland-Malvinas, as the Community of Latin American and Caribbean States (CELAC), and its 33 member countries, made clear in 2011. Part of this support is probably due to the presence of the British military base on the islands, as the region has been increasingly opposed to any foreign military presence in the region, and as can be seen in the cases of Ecuador expelling a U.S. military base from Manta, and the case of the U.S.-Colombia Defense Co-operation Agreement, which was met with disapproval in the region and finally rejected by Colombia’s supreme court.

To add to that, there is the issue of recent speculation over the possibility of oil reserves on the islands. Both of these might be sticking points in any attempts to get a new round of negotiating over the islands.

But as Seumas Milnes points out in his column:

Britain’s refusal to negotiate with a democratic Argentina – when it was happy to talk to the country’s dictators – has no significant international support: least of all in Latin America, which has been booming for a decade, while Britain’s and Europe’s economies are on their backs.

March 15, 2013 Posted by | Illegal Occupation, Militarism, Timeless or most popular | , , | Leave a comment

Historic ‘Plan Cóndor’ Trial Underway

By Sabrina Hummel | The Argentina Independent | March 6, 2013

Oral proceedings for the 24 suspects charged with crimes against humanity under the ‘Plan Cóndor’ trial began earlier this morning. The Federal Oral Court N° 1 will hear testimony from around 500 witnesses in a trial that is set to last for at least two years.

Operation Condor (as it is referred to in English) refers to a clandestine agreement between South American right wing dictatorships that sought to persecute and rid the Southern Cone of political dissidents, mainly leftists. Chile, Argentina, Bolivia, Brazil, Paraguay, and Uruguay were among the countries involved.

The plan allowed for political dissidents to be persecuted outside of their own countries. This was facilitated by the collaboration and exchange of information between the respective countries, the coordination of prisoner relocation, and the ‘disappearing’ of those who opposed them politically. Argentina’s ex dictator, Jorge Videla, is among those most heavily implicated in the plot.

The plan, referred to as an “annihilation device” by the federal prosecutor Miguel Angel Osorio, is responsible for 171 crimes committed in Argentina alone, most of which were carried out in the clandestine centre Automotores Orletti.

In an example of collaboration between the regimes, the daughter in law of Argentine poet Juan Gelman, María Claudia Irureta Goyena, was taken to a detention centre in Montevideo. She was killed after giving birth to her daughter, Macarena.

The human rights organisation Amnesty International said yesterday that, “the trial is a historic landmark in the fight against the impunity of crimes committed by authoritarian military governments during the 70s and 80s”.

Osorio has said that he is convinced of the existence of Operation Condor and that he believes its existence will be proved, above all, through “the actions of those implicated [in the plan] which prove that there was an illicit agreement to move people from one country to another”.

Videla, aged 87 and dressed in a blue suit and tie, listened to the opening accusations unperturbed. This is his fourth hearing related to crimes against humanity carried out under his dictatorship, when it is estimated that around 30000 people were ‘disappeared’.

March 6, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture, Timeless or most popular | , , , , , , , | Leave a comment