Monday, February 25, 2008

Update

We are still waiting to be served with the official papers of the lawsuit that Yelba Carvajal is bringing against us. Today we received word that the first civil suit that we filed against her (basically a “cease and desist”) was thrown out because the lawyer who filed it failed to attach Mike’s power of attorney to those papers. The good news about this is that we aren’t working with that lawyer anymore!

We were contacted today by an attorney that we know nothing about claiming that he is working with the former Cooperativa Gabriel Cardenal No. 2 that sold us the land, and he told us that he’s going to charge Mike with fraud if we don’t back off on this case.

Friday we received a visit from a lawyer who represents a client who lost land to Yelba Carvajal in another case. This lawyer says he has information that might help us in our case and we are planning to meet with him.

One of the brigadistas from the original Bucknell Brigade in 1999 works for a title company and through her connections has contacted a law firm in Nicaragua that works with title insurance and has agreed to work on our case pro bono. We are arranging a meeting with them to see what advice they can give us.

Meanwhile, we’re asking for anyone who has media contacts here in Nicaragua (particularly television) to contact us at jhc@jhc-cdca.org. We are trying to make the case as public as possible in an attempt to keep it from being corrupted. The Genesis spinning plant members in particular would like to talk to the media about how this land case is affecting their lives as they are preparing to put up their building on the contested land.

Tuesday, February 19, 2008

1,000 Emails Sent!

We received another phone call from the office the Attorney General yesterday because the First Lady, Rosario Murillo, is still receiving emails about our case -- to date she has received more than 1,000 emails! Thank you to all of you who have helped bring our case to the attention of the Nicaraguan government! Since the Attorney General's office has promised to help our case, we have assured both the Attorney General and the First Lady that we will spread the word to our contacts to please refrain from sending more emails to Rosario at this time! We will keep you posted of how you can help through this blog, so check back here regularly.

We are still waiting to receive papers on the lawsuit, and our lawyer believes we can expect to be formally served this Thursday or Friday. In the meantime, we are filing a counter suit and are also filing criminal charges against Pedro Pablo Ruiz Ruiz, the former president of the cooperative Gabriel Cardenal No. 2 which sold us the land. Ruiz has made a formal declaration to the police that he never sold us any land, and we are charging that he gave Yelba Carvajal a title to the land when they both knew it belonged to us. Our hope is that Ruiz will confess that Yelba Carvajal is involved in this fraud with him so that we can file charges against her as well. The only five available and remaining members of the Gabriel Cardenal No. 2 cooperative have gone to the police and made formal declarations that the land was in fact sold to the JHC and that what they authorized the president to do was to sign a title to us, that they never authorized a title for this land to be signed over to Yelba Carvajal. In this process we have found out that she has never paid them the full amount for the land she did buy (where she has since put a housing development), and so we are offering the former co-op members legal assistance in seeking redress for the money Yelba Carvajal still owes to them.

In other news, the Genesis spinning cooperative has been pro-active in trying to hold onto the land where they plan to put their building. Their members run a chapter of the national Union of Self-Employed Workers, and last week requested a meeting with the union umbrella group, the National Workers' Front (FNT) to seek their help. The FNT has promised to use its connections and clout to work on behalf of Genesis to ensure that the case is not corrupted (i.e. no one "buys" the judge off), which is a big concern to all of us. That was a very positive meeting and the Genesis folks are anxious to stay on top of developments to do everything they can in support of the case.

Thursday, February 14, 2008

14 February - El Nuevo Diario article


The newspaper el Nuevo Diario published its article today. The link is:

http://www.elnuevodiario.com.ni/nacionales/8381


Thanks for paying attention!

Tuesday, February 12, 2008

12 February - invitations from the press

Just a reminder... please help us stop the flow of emails until further notice! See yesterday's posting for details. You were wonderful!

Meanwhile, Mike and Cesar were interviewed by an El Nuevo Diaro reporter yesterday. El Nuevo Diario is one of the leading Nicaraguan newspapers. We'll post the story when it comes out.

We've also been invited to be on two radio talk shows... one Canadian and one U.S.A. Both talk shows are for a primarily Latino audience. We don't know when those will happen.

Monday, February 11, 2008

11 February - Stop the emails!

We have just received a phone call from the Attorney General's office, who is working with us in response to all the emails sent to Rosario's address, asking us to please please spread the word... they are paying attention and trying to help, and would our wonderful network please stop sending emails, as they can get no work done because we are filling up their inbox!

Well done!

So... at least for the moment... please hold on your emails,
and help us spread this word. Folk should check here to see if we need more sent!

11 February - US Embassy & Attorney General Meetings

Mike met this morning with the Economic and Political Affairs officer at the US Embassy in Managua. He offered to write a letter to the Attorney General of Nicaragua, saying that the Embassy was aware and following our case. He also said the Ambassador has a meeting with the Attorney General scheduled for Friday, and he would look and see if they can add this issue as a talking point to that meeting's agenda.

Mike and Cesar then met with the Attorney General of Nicaragua, Hernan Estrada, who was very receptive to hearing our case. He called in the chief attorney for civil cases, saying that he would be our contact person to follow-up on things. They will talk to our lawyers and discuss legal options with them.

We've received over 700 email copies so far of letters sent to Rosario! Way to go! We're filling up her inbox, so if your letter bounces, please just resend! If you haven't written yet, please send emails to rosario@presidencia.gob.ni and sign your name and address including country. Please copy us on the email at jhc@jhc-cdca.org.

Thank you!

If you are looking for a sample letter to write,
please click here for an English version, and here for a Spanish version.

Friday, February 8, 2008

8 February - Your emails are working!

We have received copies of more than 500 emails directed to Rosario Murillo, the First Lady of Nicaragua, and with all of the other work that many people are doing, it is having a positive effect. Thank You! Rosario called our office today, saying that she'd received some emails and a phone call, and would like to arrange a meeting for us first thing Monday morning. But at 9AM on Monday morning, thanks to other contacts, we have an appointment with the folk at the US Embassy in Managua who deal with property disputes, so we were able to tell her that. We then arranged through Rosario for a 10:30 AM meeting on Monday with Hernan Estrada, the Attorney General of Nicaragua! She said they wanted to talk to us and see how they can help. This is excellent news!

6 February 2008 -- Arbitration Update



On Wednesday 6 February 2008 we were called to attend a court-ordered arbitration with Yelba Carvajal, the party bringing the lawsuit against us in our land case. It is customary for civil cases in Managua to go through this arbitration process in an attempt to resolve the situation before it goes to court. Members of both the Nueva Vida women's sewing co-op and the Genesis spinning plant co-op were there outside the session (they were denied entrance) together with supporters from the international community in Nicaragua. In all, there were about 15 of us there.

At the beginning of the arbitration, the arbiter was explaining the process to both parties when Yelba Carvajal said "I understand the process very well." To which the arbiter replied, "Yes, I recognize your face."

As the person bringing the suit, Yelba Carvajal was then asked if there was any possibility of resolving the situation through arbitration, and she replied "Absolutely not, the land is mine and I'm going to take it." With that response, there was not much more to be done in the arbitration session, and it ended without resolution.

The next step is for us to be officially served with the lawsuit, and then we begin a period of submitting evidence and witnesses and then being assigned a court date. These civil suits can drag out for years, which means that everything from the Genesis spinning plant to the proposed ginning plant comes to a halt because we can't move forward with construction on these projects if the title to the land is in dispute. It is urgent that we resolve this situation! If you haven't already, please send an email (sample email below) to the First Lady of Nicaragua, Rosario Murillo at rosario@presidencia.gob.ni and copy us at jhc@jhc-cdca.org. So far we've received copies of more than 500 emails that have been sent to Rosario!

Thursday, February 7, 2008

6 February 2008 - Background Info & Ways to Help

The Jubilee House Community, Inc.'s project in Nicaragua, the Center for Development in Central America (CDCA) urgently needs your voice NOW! Someone is trying to steal our land, and we need you to write in our support! We normally don't post this kind of dated information online, but this time it's critical that you know now, pass the word, and respond. The volume of international response will have a strong effect.

If you are already aware of our situation, and are looking for a sample letter to write,
please click here for an English version, and here for a Spanish version.

In the last few days we have been summoned to court to respond to a demand on the part of Señora Yelba Carvajal, a person well known here in Nicaragua to be involved in several fraudulent land deals. We have been investigating, and have managed to find out that she is claiming in the courts that she is the legitimate owner of the property where we are located, even though we have legal title. On the basis of a typographical error in the title, Señora Carvajal is asking the court to invalidate our title and recognize her as the legitimate owner of the property. You will remember that we originally purchased our land from a cooperative in the 1990s, and she later purchased the rest of the land that the cooperative owned. It would appear that this is an open and shut case in our favor; however, as Father Miguel D'Escoto once said to us about land issues in Nicaragua, "You can have the law and justice on your side, and it's still not enough."

What does this mean? It means that the Nueva Vida women's sewing cooperative, the Fair Trade Zone, is in danger of losing its land, building, and free trade zone status, therefore putting 50 people out of their jobs that they have worked so hard to maintain for the last nine years. It means that the fledgling Genesis spinning plant cooperative, only days away from setting its first post in the ground, is in danger of losing the land where they will build their factory, all the work they have put into their project for the last year, and the opportunity to create full-time employment for 60 people and their families. These are only two examples of the negative impact that this would have, resulting in the closing of all of the CDCA's projects in Ciudad Sandino.

What can you do? We are asking you to send an email to the First Lady of Nicaragua, Rosario Murillo, requesting that she, as a strong defender of poor women throughout this country, investigate this attempt to steal from these cooperatives that are made up in their vast majority of poor women who have worked so long and so hard to better the lives of their members. Please look at the examples of an email in Spanish and in English that we have linked above, on which you can base your message. If you have the time, we ask that you personalize your message as we feel it's important that she receive individual emails. (Feel free to send an email in English only if you do not speak Spanish.)

Please send emails to rosario@presidencia.gob.ni and sign your name and address including country.
Please copy us on the email at jhc@jhc-cdca.org