Lomas del Poleo Update

Friday, August 21, 2009

Dear Friends and Supporters of Lomas del Poleo:

Peace. Thank you for your ongoing, active and generous support of the residents of Lomas del Poleo.

This has, indeed, been a prolonged, complex and painful struggle. While it has been a window on corruption, impunity, and injustice in Mexico and along its borders with the United States, it has also manifested the commitment of a small community of courageous settlers to persevere under the most difficult of circumstances. It has highlighted the dedication and skills of social activists committed to the transformation of their country and the willingness of people of faith and good will from across the globe to advocate for and support the oppressed seeking justice.

The residents of Lomas, accompanied by local activists and the Lomas support group of El Paso and Las Cruces, continue to make and sell items to raise funds for legal and travel costs. The responses of various individuals, churches and non-profits have been excellent and so the struggle continues.

The following account is based on the written report by Cristina Coronado and conversations with her and Juan Carlos Martinez.

This past Tuesday, August 18, the audience at the Agrarian Tribunal in Chihuahua continued the people’s case begun on April 6 of this year. The audience was the longest so far, going from 200-630p.m. In these four-and-a-half hours more was achieved than in the previous two years. The people were once again represented by the law office “Land and Liberty”, and its principal lawyer, Barbara Zamora, assisted by her husband, Santos Garcia.

Two weeks earlier on August 4, the audience was suspended because the Zaragozas presented a new suit against Vicente Estrada claiming they owned the land upon which his house is built. They had previously denied ownership of this and the land where the other families represented by Barbara Zamora live, only claiming ownership of some 70 square meters of Vicente’s land, the exact area that the Camino Real road traverses. Ms. Zamora asked for the length of time allowed by law to prepare a response to the new suit by the Zaragozas.

The parties re-gathered at the Agrarian Tribunal on August 18 at which time Barbara Zamora attempted to submit the proof/documentation of the Lomas residents’ claims. The court rejected them saying the time for submission of documentation had elapsed. Magistrate Imelda Basurto, however, later accepted Barbara’s arguments and allowed the submission of documents.

The people’s documents demonstrated that those living on this land in Lomas del Poleo for more than thirty years have the right of possession and that the lands themselves are federal not private lands.

Zaragoza’s lawyers then presented their proofs and documents. They then asked permission of the court to address the residents of Lomas directly, offering a negotiation. They said the Zaragoza’s have always been “well disposed to relocate and to negotiate with the people inhabiting this private property.” They would build a house equal to the house the Colonos now lived in, on other lands also owned by Pedro Zaragoza. They claimed to have already relocated the majority of the people and that many had accepted a “just” payment and been treated with respect.

Barbara Zamora turned and looked at the people, asking for a response to the negotiation offered. Theirs was a resounding “No!” The people of Lomas have witnessed the tricks, lies, abuse and violence that those in the employ of the Zaragozas have used to try and displace them from the land for the last six years. They said they would stay with the legal process until the court reached a decision. Barbara reaffirmed her commitment to accompany them until the case is resolved.

During this same audience the Magistrate concluded the submission of documentation and set the date for the presentation of the results of the land surveys/civil engineering results and the testimony of witnesses. This is the most important element of the Agrarian cases. These will be presented on September 28.

To that end there will be a meeting in Lomas del Poleo on September 10 at 12 noon. The Magistrate has ordered that the civil engineers for the Zaragozas and for the Colonos of Lomas del Poleo will gather that Thursday under the supervision of a Court official to take the measurements of the land in dispute in accordance with the Agrarian law. If either party fails to appear, they lose their right to present the measurements/expert testimony as proof in support of their case.

I spoke with Barbara Zamora by telephone and she said the engineer, Hector Alvarez, had gone to Chihuahua today to be officially mandated by the court to take the necessary measurements for the Lomas group and to present them to the Tribunal. Barbara was very happy with the outcome Tuesday, though she confessed she was exhausted by the lengthy audience and travel back and forth to Mexico City. Please keep her and Santos in your prayers, as well.

Conclusion:
This is the most significant advance seen in the case of Lomas del Poleo; a case in which Pedro Zaragoza had constantly refused to appear in or send his representatives/lawyers to the Agrarian Tribunal. After having been allowed to use a variety of pretexts to defer the case, now he has complied with the demands of the court, sending his representatives, lawyers, submitting documentation and technical proofs the same as the Colonos of Lomas.

In large part this advance has been possible thanks to the generosity, support and advocacy efforts of all of you who have remained close and in solidarity with the residents throughout this struggle.

The law services of “Land and Liberty” whose honesty and professionalism have forced the case to stay right where it belongs—in the Agrarian Tribunal—are due much credit. The friends of La Otra Compana in Chihuahua have also done much to offer moral support through their presence at the audiences and their willing to help convey documents and messages between the court, Land and Liberty and the Colonos themselves.

Finally, your prayers and support are still asked for all involved in this case especially for the small community of courageous settlers of Lomas del Poleo whose willingness to peacefully resist the evils inflicted upon them and faithfully remain in the way of the laws and constitution of Mexico.

Gracias a Dios!
And to all of you,
Fr. Bill Morton, SSC