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County Commission passes milder resolution on Lomas del Poleo

A community activist who attended the March 11 meeting of the Doña Ana County Commission  sent the following out to her extensive e-mail list, where Grassroots Press obtained this report. You can read the entire North American Human Rights Delegation report at http://www.pasodelsur.com/nahrdreport.pdf

The Doña Ana County Commission today unanimously voted for a resolution asking for an amicable settlement of the land dispute at Lomas del Poleo, emphasizing that they are not “judging” the Mexican government and realizing they have no jurisdiction. As you will see when it appears on the meeting minutes on the Doña Ana website -http://www.co.Doña-ana.nm.us/ — it was considerably milder than the original resolution. After the vote a representative of the Zaragozas, the wealthy family that claims ownership of the area, invited the Commissioners and sponsors of the resolution to visit Lomas del Poleo….

The North American Human Rights Delegation from San Francisco has issued its report which can be seen or downloaded at: http://www.pasodelsur.com/nahrdreport.pdf The delegation is comprised of U.S. organizations including Amnesty International, National Lawyers Guild, La Raza Centro Legal (San Francisco), “No More Deaths,” International Civil Commission for the Observation of Human Rights, Concilio Latino San Francisco Bay Area, Labor Council for Latin American Advancement (San Francisco Chapter), Labor Council for Latin American Advancement (Sacramento Chapter), La Alianza Latino Americana, and Davis Religious Community for Sanctuary.

The report includes a history of the various legal claims to the land and, no surprise, finds that:

1) “Residents of Lomas del Poleo have suffered human rights and civil rights violations as well as low intensity conflict, under the direction of the Zaragoza Group.”
2) “Local government, through its actions or inactions, has facilitated and/or been complicit in, the…abuses.”

From the introduction to the report:

This Delegation visited the Ciudad Juarez and El Paso region from February 29 through
March 7, 2008. Its main objective was to observe and document the conditions of the
inhabitants of Lomas Del Poleo and the immediate region on both sides of the U.S./Mexico Border. The Delegation hopes that this report will assist in informing and educating government officials and the general public on the current plight of the residents of Lomas Del Poleo and the immediate region.

Through individual and group interviews, video, audio, still photography, document analysis and direct observation, the Delegation compiled and analyzed information on the above topic and reached conclusions contained in this report. The delegation interviews included residents and former residents of Lomas Del Poleo, residents and former residents of Segundo Barrio in El Paso, elected officials, community organizers and activists, academics, faith-based leaders, law enforcement, and others. The delegation reviewed hundreds of documents, numerous photographs, and watched several hours of video documentaries.

Below is the original draft resolution, followed by the watered-down version passed at Tuesday’s meeting.

Resolution of the Doña Ana Board of County Commissioners
Regarding Lomas del Poleo
2/13/08 Draft

Whereas: The state of New Mexico, US Federal Agencies, and Doña Ana County are committed to investing in successful bi-national development of the Santa Teresa, San Jeronimo, El Paso, Juarez metropolitan area for the benefit of all of their citizens.

Whereas: A successful bi-national community with manageable immigration and border security requires that citizens are safe on both sides of the border.

Whereas: The Doña Ana BOCC is committed to protecting the human rights and property rights of all residents of Doña Ana County, and allowing violations on the Mexican border to go unresolved will undermine the confidence of Doña Ana County residents in that commitment.

Whereas: The owners of Grupo Zaragoza have claimed ownership of Lomas del Poleo, a critical parcel of land at the intersection of the San Jeronimo / Santa Teresa project and the proposed Anapra / Sunland Park port of entry.

Whereas: Grupo Zaragoza, against the wishes of residents who have lived at Lomas del Poleo for up to 30 years, continues to surrounded the area with a barbed wire fence, guard towers and entry gates, and pays armed guards to control access to the community.

Whereas: The beating death of Luis Alberto Guerrero, destruction of Jesus de Nazaret Church and many homes by the guards, death threats and numerous injuries inflicted by guards, and the deaths of 3 year old Maria del Carmen Cassango, and 4 year old Magdeleno Cassango in a suspicious house fire have created an atmosphere of fear that is driving residents out.

Whereas: The Chihuahua State Human Rights Commission, Paso del Norte Center for Human Rights, and other organizations have documented these violations, and failure to remedy the situation opens US government organizations and business interests alike to charges of complicity in human rights violations.

Whereas: The owners of Grupo Zaragoza, a Verde Group board member and New Mexico and Chihuahua government officials have served together on Governor Richardson’s New Mexico – Chihuahua commission promoting bi-national trade and border development.

The Doña Ana County Board of County Commissioners urges New Mexico Governor Richardson, New Mexico Senators Bingaman and Domenici, and the Verde Group to immediately begin working with Mexican government agencies and the Grupo Zaragoza to insure a peaceful and just resolution to the situation in Lomas del Poleo by doing the following:

1. Remove all fencing and allow unimpeded access into and out of the community.
2. Remove all private guards and militia from the community.
3. Vigorously investigate and prosecute all acts of violence and intimidation.
4. Expedite a transparent and fair legal process to determine land ownership rights in the community, and reinstate rights where residents have been induced to leave through coercion.

————————————————————————————————————————————————————————————————————————————-

Here’s the resolution that was passed by the Doña Ana County Commission on March 11:

A RESOLUTION

WHEREAS, the Doña Ana County Board of Commissioners has heard the concerns of the residents of Lomas del Poleo, and

WHEREAS, the State of New Mexico, U.S. Federal Agencies, and Doña Ana County are committed to investing in successful bi-national development of our border for the benefit of all residents, and

WHEREAS, the Doña Ana County Board of Commissioners believes that a successful bi-national community with manageable immigration and border security requires that residents are safe and healthy on both sides of the border, and

WHEREAS, the residents of Lomas del Poleo inhabit a parcel of land immediately adjacent to the proposed Sunland Park/Anapra port of entry, and

WHEREAS, the Chihuahua State Human Rights Commission, Paso del Norte Center for Human Rights, and other organizations have documented the concerns of the residents of Lomas del Poleo, and have taken an active role in pursuing a resolution for the land dispute, and

WHEREAS, the Doña Ana County Board of Commissioners, as a governing body immediately adjacent to the Mexican border, acknowledges its respect for the Mexican government and that due process limits its direct intervention and assistance to the residents, but asks that the public scrutiny of this issue and public resources be directed toward a just and expeditious resolution of the immediate needs of the residents,

NOW THEREFORE, the Doña Ana County Board of Commissioners does hereby respectfully request that New Mexico Governor Richardson, New Mexico Senators Bingaman and Domenici, Bishop Ramirez and the Council of Bishops, local, state, Federal officials from the El Paso, TX and Jurarez, Mexico areas, and the human rights groups, working with governmental leaders on both sides of the border, meet immediately to implement a peaceful and just resolution to the situation in Lomas del Poleo, including:

1. An expeditious resolution of the land dispute that is pending in the Mexican judicial system;
2. Re-installation of electric power and a functioning potable water system for th4e community to ensure that as due process procedures for resolution of the dispute proceed, basic human necessities are available for residents; and
3. An examination by the US Delegation from New Mexico as to what international aid resources may be available to assist in providing basic services to these residents as this situation is being resolved.

PASSED, APPROVED AND ADOPTED this XXth day of February, 2008

Board of County Commissioners
Doña Ana County, New Mexico

Board of County Commissioners for Doña Ana County, New Mexico

________________________________ ________________________________
D. Kent Evans, Chairman William J. McCamley, Vice-Chairman

________________________________ ________________________________
Dolores Saldaña-Caviness, Member Oscar Vásquez Butler, Member

________________________________ _______________________________
Karen G. Perez, Member Attested: Rita Torres, County Clerk

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