Comunidad Romero in Tonacatepeque Achieves the Just Right to Their Land After 6 Years of Struggle!
The CIS would like to thank all of our supporters for the letters that you sent in support of Comunidad Romero's demands for their land title in December of last year. We received an immediate response from the President of ISTA and the President of PREPAZ of the Ministry of Justice and Public Security following the letters. However, with negotiations and events that followed the next three months (as well as the last 6 years), we could not take anything for granted. Now we are happy to share with you that we have an agreement in writing with the President of ISTA and the legally binding agreement in writing made by the Board of Directors of the Salvadoran Institute for Agrarian Transformation (Instituto Salvadoreño de Transformation Agraria - ISTA) making it possible for the 75 families currently living in Comunidad Monseñor Romero to move forward with a potable water project, and gain the title to their land and additional land for raising vegetables, setting up a community library and other communal purposes.
Here are some of the events that followed your December letters:
• The President of ISTA called us immediately and personally convened a meeting with Comunidad Romero, CIS and FUNDASAL which lasted over an hour and a half on Wednesday, December 15th, after receiving about 40 emails, some of which he read out loud at the meeting.
• The following day, Thursday, December 16th, Comunidad Romero and CIS met with the President of PREPAZ of the Ministry of Justice and Public Security, the Sub-Commissioner of the Civilian National Police (PNC) for Northern San Salvador, the chief of the PNC for Tonacatepeque, a representative of the Procurator for the Defense of Human Rights (PDDH), and a representative of Tutela Legal, the Human Rights Office of the Archdiocese of San Salvador.
• The President of SELAVIP, the Chilean Foundation funding the water project, committed to keep the funds in the bank for Comunidad Romero given the work by the community, the international support demonstrated in the letters, and the response.
• The Procurator for the Defense of Human Rights established a permanent round table for the situation to be resolved once and for all. The Human Rights Procurator convoked representatives of ISTA, the Presidential Palace, Comunidad Romero, CIS, and disgruntled farmers in the area. At least 7 meetings took place December through March to negotiate, ensure the process moved forward and to overcome obstacles.
Important agreements were reached in December, including:
1. The immediate measurement of the land for Comunidad Romero and an agreement to move the portion of land originally agreed upon since the original crossed over three different land titles and would take more time to consolidate bureaucratically. The move will be so that the entire 8.5 manzanas will be within one measured property. ISTA has complied with this and FUNDASAL and ISTA topographers have followed through on this. (It is worth noting that FUNDASAL lost almost $8,000 invested in the initial measurements and plans that will now have to be redone.) A full list of agreements is attached in the document signed by the President of ISTA and the President of Comunidad Romero.
2. An agreement to extend a letter authorizing the Community to begin work on the land as soon as the legal measurements were completed (this letter was extended March 18).
3. The Civilian National Police (PNC) and the Ministry of Justice and Public Security agreed to support the process and provide security when needed and participate in conflict resolution in the area. The PNC accompanied the measurement of the property, have checked in regularly with the community and agreed to continue to do so throughout the process of legalizing the titles to the land.
On March 2, 2011, the Board of Directors of ISTA met to concretize the promise that was made in December with a legal agreement. Later, on March 9th they had to ratify this agreement and later it was put into writing and signed and made available to us on March 18th.
This agreement defines the situation after a long process and longer struggle. The Community now has a green light to go forward with their potable water project and seek financing and donations for dignified homes.
To get to this agreement – in addition to your letters which broke through the brick wall that had been put up, there were also regular meetings moderated by the Office of the Procurator for the Defense of Human Rights, and included representatives of the Presidential Palace, a personal representative of Hato Hasbún, the Secretary of Strategic Affairs of President Mauricio Funes, ISTA, Comunidad Romero, CIS and farmers who have usurped land nearby and claim the land that has been designated to Comunidad Romero. Since these meetings were slow in making progress, it also required Comunidad Romero and CIS to have several meetings with Legislative Deputies who are members of the Commission on Justice and Human Rights of the Legislative Assembly. They helped guarantee the follow up by ISTA and the Presidential Palace. Separate meetings also had to be carried out with the Ministry of Justice and Public Security, PREPAZ, and the Mayor and City Council of Tonacatepeque to break through various obstacles. This, in addition to constant meetings with the foundation SELAVIP and FUNDASAL for the water project put on hold, FUNDASAL and the Minister of Housing regarding housing projects offered, and ANDA, the government water utility, among others.
At the same time, the written agreement was released on March 18th; members of Comunidad Romero along with ISTA had to visit all 78 families to verify the census for 3 days. The official number is now at 75 families as one head of family passed away and 2 left to live with relatives because of the precarious situation in the community. The community is responsible for the legal verification at the National Registry of all 75 families that they are not owners of other land in the country or have not previously benefitted from ISTA programs. The legal topography and remeasurement of the land also was done by members of Comunidad Romero, FUNDASAL and ISTA prior to the written agreement. Additional meetings to achieve this agreement were also held between Comunidad Romero with the Treasury Commission of the Legislative Assembly, the Treasury Ministry, the Central Reserve Bank, the National Registry, and the Human Rights office of the Catholic Archdiocese, among others.
THANK YOU FOR YOUR SOLIDARITY AND SUPPORT! Please join us in celebrating this victory in the following ways:
• Donate to Comunidad Romero to support them through the title transferring process and begin a general building fund for the community.
• Write letters of thanks to the authorities involved and urge that the land titles are given in a timely manner.
1. Donate to Comunidad Romero: Financial contributions are needed to continue our important organizing and human rights work in Comunidad Romero and see the process through of transferring title to the land. CIS needs to raise $5,000 for the accompaniment of Comunidad Romero in 2011 with transportation, legal assistance and organizational support, and for the additional legal expenses to transfer the land to their name. Additionally, we are setting up a general fund to build a community library and/or to pay for costs of land titles for elderly persons who do not have income. Your donation of $50, $100, or $1,000 will make the difference! MAKE SURE YOU INLUDE A NOTE THAT YOUR CONTRIBUTION IS FOR THE ROMERO COMMUNITY. You can make a tax deductible contribution online by clicking on the button below:
or by sending a check or money order in U.S. dollars to:
Los Olivos CIS
PO BOX 76
WESTMONT, IL 60559
2. Send a letter, fax, or email to the ISTA President: We need you to write the President of ISTA (with copy to President Mauricio Funes) to thank him for his commitment to resolve the problem of the land for the Monseñor Romero Community. Let him know you are waiting for the titles to be transferred in a timely manner to the Romero Community and its members.
Sample letter:
Estimado Sr. Presidente de ISTA, Lic. Pablo Ochoa.
Reciba un saludo fraternal. El motivo de la presente es para agradecerle por sus gestiones para resolver el problema de la tierra a favor de las 75 familias y personas desposeídas que forman la Comunidad Monseñor Romero en Tonacatepeque.
La Comunidad nos ha informado sobre las acciones que usted ha promovido a favor de la Comunidad, incluyendo la medición del terreno y la topografía, la verificación del censo familiar y el Acuerdo XXX tomado en la Sesión Ordinaria No. 9-2011 de la Junta Directiva del ISTA, lo cual permite la asignación provisional a favor de la Asociación de Desarrollo Comunal Monseñor “Oscar Arnulfo Romero”, el seguimiento para recolectar la documentación de cada uno de los nominados para determinar si califican como beneficiarios y las condiciones referentes a las áreas, forma de pago y su plazo. Estamos a la espera de que los títulos de propiedad de la tierra les sean entregados en una forma eficaz y pronta.
Esperamos que el año 2011 sea bendecido y fructífero para Usted y la Institución que Usted dirige a favor de las mayorías pobres.
Atentamente,
Your Name
Your Title
Your Address
cc. Presidente de la Republica de El Salvador, Honorable Mauricio Funes
LICENCIADO PABLO ALCIDES OCHOA, PRESIDENTE ISTA
INSTITUTO SALVADOREÑO DE TRANSFORMACIÓN AGRARIA
Final Colonia Las Mercedes Kilómetro 5 1/2 Carretera a Santa Tecla
San Salvador, El Salvador, C.A.
Telephone: ++503-2527-2606
Fax: ++503-2279-1942
E-mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
(receives all emails directed to ISTA President)
HONORABLE PRESIDENTE DE LA REPÚBLICA DE EL SALVADOR, MAURICIO FUNES
Alameda Dr. Manuel Enrique Araujo no. 5500
San Salvador, El Salvador, C.A.
Telephone: ++503-2248-9000
Fax: ++503-2243-9947
Email:
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(receives all emails directed to President Funes)
*Please send copies of your letters, faxes or emails (blind copy please - bcc) and any responses received to the CIS:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or ++503-2235-1330 ext. 104 (fax)
3. Send a letter, fax, or email to the President and his Secretary of Strategic Affairs: Please write a letter of thanks directly to the President of the Republic, Mauricio Funes and his Secretary of Strategic Affairs, Licenciado Franzi Hato Hasbún. We know that their interest in the case and their presence in the meetings contributed to guaranteeing the resolution.
Sample Letter:
Excelentísimo Sr. Presidente de la República de El Salvador.
Sr. Mauricio Funes.
y Honorable Sr. Secretario de Asuntos Estratégicos de la Presidencia.
Lic. Franzi Hato Hasbún.
Excelentísimo Señor Presidente Mauricio Funes
y Licenciado Franzi Hato Hasbún.
Reciba un saludo cordial, deseándole éxito en su administración y las políticas a favor de las mayorías pobres. Estamos altamente agradecidos por su dedicación y atención en asegurar una resolución sobre la asignación de 8.5 manzanas de terreno de parte del ISTA a favor de la Asociación de Desarrollo Comunal Monseñor “Oscar Arnulfo Romero” y sus habitantes en el municipio de Tonacatepeque. Estamos a la espera de que los títulos de propiedad de la tierra les sean entregados en una forma eficaz y pronta.
Sus acciones van a permitir que 75 familias en extrema pobreza —familias que llevan 6 años de haber formado su comunidad y haber iniciado una lucha reivindicativa por medios no violentos y siguiendo el debido proceso— puedan ahora construir viviendas dignas y tengan acceso a servicios básicos como agua potable y energía eléctrica. Aunque la comunidad está ubicada en una zona violenta del país no existen maras por la organización y orientación de la comunidad. Confiamos que la comunidad será una comunidad ejemplar en su propio desarrollo gracias al acompañamiento y compromiso de su administración.
Por esta razón, reiteramos nuestros agradecimientos por su gestión a favor de la Comunidad Monseñor Romero y su respeto para su autodeterminación.
Atentamente,
Your Name,
Your Title
Your Address
HONORABLE PRESIDENTE DE LA REPÚBLICA DE EL SALVADOR, MAURICIO FUNES
Alameda Dr. Manuel Enrique Araujo no. 5500
San Salvador, El Salvador, C.A.
Telephone: ++503-2248-9000
Fax: ++503-2243-9947
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
(receives all emails directed to President Funes)
LICENCIADO FRANZI HATO HASBÚN, SECRETARIO PARA ASUNTOS ESTRATÉGICOS DE LA PRESIDENCIA DE LA REPUBLICA
Alameda Dr. Manuel Enrique Araujo, No. 5500
San Salvador, El Salvador, C.A.
Telephone: ++503-2248-9180
Fax: ++503-2243-9927
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
(receives all emails directed to the Secretary of Strategic Affairs)
*Please send copies of your letters, faxes or emails (blind copy please - bcc) and any responses received to the CIS:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or ++503-2235-1330 ext. 104 (fax)
4. Send a letter, fax, or email to the Minister of Justice and Public Security and the President of PREPAZ: Write a letter to thanks to the Minister of Justice and Public Security with a copy to the President of PREPAZ for his efforts to resolve the conflict of the land in favor of the landless families and farm workers that make up Romero Community and for his attention to security matters in the area.
Sample Letter:
Sr. Ministro de Justicia y Seguridad Pública
Honorable Sr. Manuel Melgar.
Estimado Ministro Melgar:
Reciba un saludo fraternal. Por este medio quiero agradecerle por su intervención a favor de resolver el problema de la tierra para la Comunidad Monseñor Romero, ubicada en Tonacatepeque, San Salvador. A la vez queremos agradecerle por facilitar un proceso de fortalecer la seguridad de la Comunidad frente a amenazas que han recibido de parte de agricultores de la zona.
Siempre nos preocupamos por la seguridad de la zona e informes de miembros de la comunidad que la Fuerza Armada mantiene efectivos encapuchados en la zona.
Esperamos continuar contando con sus buenos oficios a favor de los desposeídos de la Comunidad Monseñor Romero y otras comunidades pobres en su lucha por la justicia, seguridad pública y el desarrollo.
Atentamente,
Your Name
Your Title
Your Address
cc. Presidente de PREPAZ, Rev. Santiago Flores
MINISTRO DE JUSTICIA Y SEGURIDAD PÚBLICA,
HONORABLE SR. MANUEL MELGAR
Alameda Juan Pablo II y 17 Ave. Norte
Complejo Plan Maestro, Edificio B1, Nivel 1
Centro de Gobierno
San Salvador, El Salvador, C.A.
Phone: ++503-2526-3084
Fax: ++503-2281-5959
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
(receives all emails directed to Minister Melgar)
PRESIDENTE DE PREPAZ, REVERENDO SANTIAGO FLORES
Alameda Juan Pablo II y 17 Ave. Norte
Complejo Plan Maestro, Edificio B3, Nivel 3
Centro de Gobierno
San Salvador, El Salvador
Telephone: ++503-2526-3257
Fax: ++503-2526-3258
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
*Please send copies of your letters, faxes or emails (blind copies please bcc) and any responses received to the CIS:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or ++503-2235-1330 ext. 104 (fax)
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Agreement between Comunidad Romero and the President of ISTA, December 2010
(CIS Translation from original document in Spanish)
Salvadoran Institute for Agrarian Transformation (ISTA)
El Salvador
03.00.0.144
In the meeting session of the Board of Directors of the Salvadoran Institute for Agrarian Transformation, ISTA, San Salvador, at fifteen hours on the fifteenth day of December of two thousand ten. The following persons met: Lic. Pablo Alcides Ochoa Quinteros, President of ISTA, Rufina Serrano, President of the Community “Monseñor Oscar Arnulfo Romero,” Raul Acevedo Paz, President of the Security Committee of the same, Leslie Schultz [sic], Lic. Dimas Pinto and Ing. Mario Flores, members of the Salvadoran Foundation for Development and Minimum Housing, FUNDASAL, and Luz de Maria Bonilla, Assistant to the President of ISTA, Rodolfo Nicolas Tejada Noyola, Legal Manager, and Ernesto Menendez Castro, General Manager; with the objective of conversing about the adjudging of undeveloped plots of land for homes of the seventy eight families that make up the aforementioned Community, in part of the real estate known as “Guayacan” and “Las Vertientes”, situated in the Canton of Las Flores, jurisdiction of Tonacatepeque in this department [San Salvador], having arrived at the following agreements: a) Identify within the property acquired by ISTA, an area of eight point five manzanas that will adequate the requirement established by the Community “Monseñor Oscar Arnulfo Romero”, and that is technically viable for the objective of agility, for which topography will be designated by ISTA, FUNDASAL, and persons from the Community; b) Define topographically the area signaled in the previous letter, after the respective identification; c) Determine with total certainty and full security, the census of the population of referred Community in the indicated land, to whom the plots of land for housing will be adjudged to, always that comply with the requirements for this effect that are demanded by the legal regulations of ISTA; d) The Community commits that the future adjudged will respect the final measurements and results of whatever rectification that is carried out by ISTA; e) On their behalf, the representatives of FUNDASAL, wish to register the continued collaboration and support given to measurements and subsequent technical descriptions that are necessary for said Community and this Institution [ISTA]; f) Mr. Acevedo Paz in representation of the Community, expressed that he will bring to ISTA the list of the existing seventy eight families and the respective register of lack of property, with the objective that they be verified by technicians from this institution. The area that will be utilized for the adjudgement to seventy eight families, future beneficiaries of ISTA and the work will initiate tomorrow and for that reason Ing. Esau Wilfredo Lopez Coreas, Rural Development Manager of ISTA and Ing. Mario Flores of FUNDASAL will coordinate; and, g) The representatives of the Community, after the explanations given by the President of ISTA, in relation to multiple e-mails sent to him, will send a clarifying note in the sense that the current President of ISTA, is not guilty of the delays that have occurred up to this moment, in the process of adjudging in favor of the Community and its members, and the other portions of the property signaled at the beginning, given that the lands were not acquired [by ISTA] until the month of April and May of the current year, and that what a previous functionary had committed of behalf of the Institution, previous to said acquisition, was done irresponsibly, and that [ISTA] will not be committed to carry out in the terms that were agreed upon, because this Institution, since January of this year, is characterized by acting with total impartiality, justice and speed in favor of the people in most need of land in the country, for which, and after complying with previously specified, I will proceed to authorize the possession of the area of approximately eight point five manzanas which are part of the real estate denominated “Guayacan” and “Las Vertientes”, located in the Canton Las Flores, jurisdiction of Tonacatepeque in this department, in favor of the seventy eight families that integrate the Community “Monseñor Oscar Arnulfo Romero”. And without anything additional to register, this Act is finished, at fifteen hours and forty minutes of the same day, with is signed by all.
Signed December 22, 2010
Signatures:
Raul Acevedo Paz
Rufina Serrano
President of Community Romero
Pablo Alcides Ochoa
President of ISTA.
The Legal Agreement of the Board of Directors of ISTA reads:
SESION ORDINARIA NO. 9-2011, DATED March 2, 2011, Agenda Point: XXX, page 6 includes the following:
FIRST AGREEMENT: Approve the provisional assignment in favor of the Communal Development Association Monseñor “Oscar Arnulfo Romero”, this assignment conditioned on the verification of the persons detailed in the list consigned on the Roman Numeral IV of the current judicial dictate; comply with the requirements established in the agrarian laws in force. SECOND: Remit instruction to the Department of Institutional Individual Assignment, to proceed to collect the documentation for each one of the named persons to determine if they qualify as beneficiaries of the programs developed by this Institute. THIRD: Notify the members of the Communal Development Association Monseñor “Oscar Arnulfo Romero”, that the conditions in reference to the area, form of payment and payment period, will be determined when the Project is finalized, and the assignment will be made in individual form and definitive the respective parcels [ of land ], as corresponds. BE NOTIFIED.
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