SMA PROGRAMS: INDIGENOUS RIGHTS:
Lino's Last Stand

On June 30, the community had another day in the Tribunal Agraria, the Mexican Land Court. One mestizo rancher with recognized land rights in the ejido of Coloradas de la Virgen, Lino Martinez, has taken a stand.

With help from SMA and Consejo EcoRegional Sierra Tarahumara A.C., Lino filed charges of agrarian fraud against the Fontes in 2003. The Fontes falsified over 35 signatures when they changed the ejido registry in 1991 and again when they applied for a logging permit in 2001 using 17 dead souls and numerous others who reside in Sinaloa or other areas far from Coloradas de la Virgen.

The Tribunal Agraria will have the authority to cancel the illicit logging permit and to decertify the ejido registry, opening the way for the Tarahumara to regain title to their lands. A decision is expected in August.

Lino, a tall, erect and simple ranch hand has stood up to the Fontes for one reason, because it was the right thing to do for his people. The community have stood behind him but are powerless to protect him from the Fontes.

Lino has withstood over a year and a half of threats and constant pressure, struggling to survive while hiding and narrowly escaping armed gangs. Lino’s survival has been essential to the Tarahumara hopes as the case has worked its way through the Byzantine agrarian court system.

A Struggle to Reclaim Rights

Although they have constitutional rights as an Indigenous pueblo to claim their lands, there is no regulatory process to do so in Mexico. Once authorities certified the fake ejido registry provided by the Fontes, the Tarahumara have had no legal mechanism to reclaim their rights, a policy failure that violates international treaties signed by Mexico.

Lino’s appearance once again in court was a relief to all who know him. Following the last hearing in May, the Fontes tried to force him into private “negotiation”, but Lino was wisked away by Consejo EcoRegional Sierra Tarahumara A.C. director, Agustin Bravo and US attorney Marcia Newlands.

The Tarahumara have had no legal mechanism to reclaim their rights.Isidro, his family and friends and Tarahumara authorities once again traveled to Chihuahua on the last day in June to back Lino and his claim. At the June 30 hearing, four of Fonte’s sons and other thugs were a menacing presence for the delegation of 17 Tarahumara who attended. The only threat was to Lino, who was told by Rogelio Fontes that he will be removed from ejido membership, but the Tarahumara were frightened by the aggressive behavior of the gang that has terrified their community for the past 30 years.