Public Letter and Denunciation of a Menace to the Cultural Patrimony of Honduras

That's the title of a document posted today on Vos el Soberano, and circulated via email by the authors.

They are the Ex-Minister of Culture, Arts and Sports of Honduras during the Zelaya administration, Dr. Rodolfo Pastor Fasquelle, and the last legally appointed Director of the Honduran Institute of Anthropology and History, Dr. Dario Euraque.

Both noted historians, they explain clearly what is at stake in the actions taken to pacify politicians of the town of Copan Ruinas who have insisted they should get a cut of the sales of tickets to visit the World Heritage Site, Copan.

So far, no response from the government of Porfirio Lobo Sosa or, mysteriously, his Minister of Culture or the current occupant of the office of Director of the Institute of Anthropology and History, who (they note) are not listed as signing the agreement through which not only will income from Copan be illegally diverted to local politicians: the budget of the Honduran Institute of Anthropology and History will be deprived of funding, and protection and interpretation of the entire national patrimony, including traditional cultures, archives, historic places, and archaeological sites across the country, will be destroyed.

Public Letter and Denunciation of a Menace to the Cultural Patrimony of Honduras

The 26th of February of the present year there was signed a public agreement on the part of the present Minister of the Interior of Honduras, Áfrico Madrid, the Mayor of the Municipality of Copan Ruinas, Helmy Giacoman, and the Congress member of the Department of Copan, Julio Cesar Gámez. Through the so-called "Agreement of Copan 2012", its signatories, supposedly in order to strengthen the impact of the government of San José de Copan in the protection of the national patrimony in the Copan Archaeological Park (PAC), rather prepared the destruction of the institution legally constituted to administrate and protect the Cultural Patrimony of Honduras: the Instituto Hondureño de Antropología e Historia (IHAH).

The Prosecutor for Heritage ought to investigate this unusual Agreement of Copan 2012 that commits the sin of an evident abuse of authority. First, because it ignores and disqualifies the functions of the maximum administrative authority legally responsible to keep watch over the Cultural Patrimony of the Nation: the Secretaria de Cultura, Artes y Deportes (SCAD), whose leader is at the same time President of the IHAH, who was not present and did not sign the act. The Agreement also doesn't carry the signature of the Director of the IHAH since the coup d'etat of 2009, who by law is obligated to defend his institution, although it can be supposed that he supports the accords of the Agreement that threatens it. Second, because via these and other transgressions, the Agreement of Copan 2012 violates the spirit and international compacts assumed by the State of Honduras in relation to the most important international instruments that guard the cultural patrimony of humanity.

The Agreement of Copan 2012 consists of nine understandings. Four of those (3, 4, 6, and 7) pretend to promote a greater participation by the government of Copan in the administration of the cultural patrimony of the region behind the back of the SCAD and of the technicians and specialists of IHAH and its international collaborators, who in their great majority are opposed to the Agreement in question. In fact these articles mask the principal objective: which is to permit the mayor of Copan to divert the income of the PAC with purposes outside the mission of the law that governs the Cultural Patrimony: Decree 220-97, the Law for the Protection of the Cultural Patrimony of the Nation.

This disastrous proposition is evident in the first article that, without authorization and the required proceedings, dismisses from his position the regional administrator of the IHAH in Copan and the Park. The agreement under its article number nine promotes investigations on the part of the Prosecutor of the officials and employees of the IHAH without cause or denunciation with the aim to intimidate and silence the technicians and specialists and sub-directors of this institution who refused to favor the evident concubinage between the Directorate of the IHAH and the signatories of the Agreement of Copan 2012. Article number five asks that President Porfirio Lobo sanction a pre-proposal for a law introduced to the National Congress by the congress member for Copan Gamez which would grant a percentage of the income of the Park to the government of San José de Copan.

The Agreement of Copan 2012 seeks to reform the Decree 220-97, without consulting the SCAD and to the discredit of the autonomy and the authority that Decree 220-97 grants the IHAH to gather resources of its own and to administer and protect not just the Copan Archaeological Park but all the Cultural Patrimony of the Nation, including from many archaeological sites and the Historic Centers of the historic cities, the documentary patrimony of our archives and the living cultures. The Honduran people should know that the IHAH will administer and protect this treasure that is the greatest treasure of the nation and the core of our National Identity with the resources from the income of the Copan Archaeological Park. And that therefore the agreement and the project to strip the institution of that income will contribute to destroy the IHAH and still more to deprive the Cultural Patrimony of Honduras of protection.

We urge the Honduran people and the international community, the Presidency of the Republic, the Minister of Culture, Arts, and Sports, and the Special Attorney for the Cultural Patrimony of Honduras so that, by common agreement, they can denounce the Agreement of Copan 2012 and they can investigate the circumstances in which the signatories ignored the institutions concerned, usurped their representation and functions, abused the attributes that the law grants them and played at demagoguery, with the Copan Archaeological Park as token on the board.

Copan Seized

Employees of the Honduran Institute of Anthropology and History have taken over Copan Archaeological Park, protesting the agreement signed by Africo Madrid and Helmy Giacoman, that is apparently being implemented by the Institute.

The employees reject the proposed changes to the law on cultural patrimony, changes that would give municipalities control over archaeological materials found within their boundaries, and a position on the Consejo Directivo (essentially, the Advisory Board) of the Institute.

In addition, the employees oppose the proposed bill now being considered in Congress that would give 50% of the proceeds from admissions to the park to the town of Copan Ruinas.

They have called for the immediate removal of the director of the Institute, Virgilio Paredes and other Institute employees that have supported the agreement.

The employees agreed to reopen the park at noon today.

Radio America: Virgilio Paredes Reassures Copan

More than a week before the signing of an accord that gave the municipality of Copan Ruinas unprecedented control over what by law in Honduras is a shared cultural patrimony, Radio América interviewed Virgilio Paredes, the otherwise silent bureaucrat who has been managing the Honduran Institute of Anthropology and History, about what was then a crisis under development. The transcript of that interview provides a window into just how the Institute let the situation escalate, ending up with a cabinet minister imposing an unprecedented agreement that guts the mission of the Institute itself.

Here's our translation of the most relevant parts of the interview, with commentary added:

Emmanuel Tercero, journalist in the booth: Carlos Rivera tells us that there are problems between the alcalde (mayor) who does not want archaeological pieces to be taken with the permission of the Instituto Hondureño de Antropología e Historia, to take important pieces for an exhibition in a museum in the US. Carlos Rivera from the west of the country...

Good afternoon. This morning we spoke as well with Virgilio Paredes of the Instituto Hondureño de Antropología e Historia who told us that the Maya-Chorti community is in agreement that original archaeological pieces will be transported to Pennsylvania, US, for an exhibition.

[Comment: it seems that Paredes is here arguing that the Maya Chorti do have a right to have their opinions heard, and that they had agreed to the exhibition.]

... but the Alcalde of Copan Ruinas, Helmy Giacoman, who is also preoccupied, is in communication, a brief summary of what is happening, go ahead, Alcalde...

Statement of Helmy Giacoman, Alcalde of Copan Ruinas: Good afternoon, the truth is that the town of Copan is extremely preoccupied by what has been being given these days, the truth, with the exhibition of these pieces at an international level and the truth is that we are very preoccupied... the people also found out about this and the truth is that the local media well, there has been circulating a lot about this business, because there are very disastrous antecedents for the patrimony of Copan Ruinas, when pieces have been taken outside the country and were lost in foreign territory, so it is explicable, completely explicable, to think that the town is very preoccupied, because these pieces have an incalculable value since the value that they have for what is the patrimony of Honduras, and the truth is that we are really preoccupied.

[Comment: What Giacoman is referring to is an incident in 1999 when a jade object from Copan, part of a traveling exhibition that was originally in Venice, went missing in Mexico, where the second site for the installation, the Colegio de San Ildefonso, simply did not have appropriate security. This theft, and others at the site and elsewhere, have been cited since at least 2004 in arguments by the municipality of Copan Ruinas claiming a voice in management of the pieces excavated from the site, and in proceeds from visitation there.]

Well, thanks to the Alcalde of Copan Ruinas, Helmy Giacoman, for letting us glimpse this concern, now that they propose to transport archaeological pieces to Pennsylvania, US for an exhibition, but what will Virgilio Paredes of the Instituto Hondureño de Antropología e Historia say on this point.

Well, thanks Carlos, as it happens we have Virgilio Paredes, director of the Instituto Hondureño de Antropología e Historia, how do we take away this concern of the Alcalde and the people there in Copan Ruinas, about this idea or this intention that there is, is it a reality, for how many pieces, what guarantees it, the process, the respective guarantees, the inventories so that there will not be losses of the same, Virgilio Paredes, we are listening on Radio America...

Declarations of Virgilio Paredes: Good afternoon, we want to say to you that the Instituto Hondureño de Antropología e Historia has been working on this exhibition for approximately a year, to undertake an arduous process of analysis, to see which pieces can be transported, under what conditions and in the framework of the Ley de Patrimonio Cultural de la Nacion, to establish that the Instituto Hondureño de Antropología e Historia is who will have these pieces in custody, and that in the care and restoration of these pieces, and in the framework of the same Law they also will establish the processes to loan archaeological pieces.

As you will know the Archaeological Park of Copan is patrimony of humanity, World Heritage, it isn't just national heritage, so it is in this framework in which we have Agreements... we try to promote tourism, to promote the tourist portion of all that is Maya archaeology...

So what the Law establishes has been followed, and what the Law sets up are the following processes: the Institute comes, verifies the pieces, speaks in this case with the University of Pennsylvania, with which there has been communication for approximately a year, and the pieces are identified that are going to be loaned to promote Honduras and Copan Ruinas outside the country, unfortunately we have been hearing a lot of bad news about what happened in the prison, the deaths and so many bad things about Honduras that are being promoted, this is one piece of good news for Honduras.

[Comment: notice the confusion between what properly is the role of the Institute of Anthropology-- the protection, interpretation, and sharing of information about Honduras cultural patrimony-- and what should be the work of other government agencies, like the Institute of Tourism, or even private enterprise. Most of the dialogues about Copan seem to end up really being about income that can be generated from Copan. And of course, the role of the Institute should be more than promoting Maya archaeology, since that is only one part of Honduras cultural heritage. It is also shocking to see the contrast drawn so starkly: the massive deaths caused by the prison fire in Comayagua are unfortunately "being promoted" and in contrast, the proposed US exhibition is "one piece of good news" for Honduras.]

After asking who makes up the Consejo Directivo for the Institute, the reporter asks if the proposal was discussed and "socialized", e.g., debated with the relevant public stakeholders. Paredes responds:

It has been discussed, it is approved, so that everything is in order, we came and it was approved in conformity with the Law, this passes to the President of the Republic, the President and his Attorneys determine the processes, if everything is in [agreement with the] Law, of all the enumerated pieces photos and everything.

Emmanuel Tercero: How many pieces are we talking about? Paredes: 74 pieces.

Tercero: What benefits is this going to bring? Paredes: There are various benefits, first the University of Pennsylvania, which is the warrantor that we are going to have, is going to promote Copan Ruinas, there will be publicity internationally, it is a museum that will be open for all the US, in the framework of 2012 it will come to assist in training, in institutional strengthening, in assistance for conservators, in all the team that is necessary where we do not have resources.

Tercero: Is there a guarantee that [the pieces] will return intact, then? Paredes: The guarantee is the Law itself, in our vaults there are pieces, these 74 are already classified, they are photographed, and we have the list already, they are already authorized by the President, with their photos, that is what we are going to do ourselves, and that I wanted already today to deliver formally and officially to the Alcalde, it is a shame that I could not see him, since the official note with the photos and the list, with those photos and the list the Alcalde was asked for a representative.

Then within three weeks that the insurance is approved, the boxes and everything, then I will need a representative of Civil Society and a representative of the Municipality, so that they can come and see and verify each one of the pieces when they are going to be packed, so that those that have the documentation can verify what it is that is leaving the country, there will be representatives of the DEI and they will close everything and it will go to the US, in February of the next year when the pieces arrive, I will need both the Institute with the Civil Society and the Alcalde's office to sit down, we will open each box and verify that all that went is exactly what came back, that it isn't replicas that come, and it will guarantee that all that left the country is exactly what it is.

Tercero: Well, here we should ask something don Virgilio, [the mayor?] said "well, we are also bringing tourists, so if they take away all the pieces or even just a part, well then the tourists that come here aren't going to see anything?" Paredes: Look, we have more than 5000 pieces, so 74 is nothing in comparison, the problem that we have is a grave problem notice that we do not have a museum with the international standards of climate control, of environment, of lighting and of security to be able.. the good news that we have for the Honduran people is that via the Government of Japan there is now being given us approval to build a museum of international level in Copan Ruinas.

Tercero concludes: Well, Alcalde Municipal Helmy Giacoman of Copan Ruinas and Virgilio Paredes, Director of the Instituto Hondureño de Antropología e Historia, about these pieces that are going to be removed and that this is in keeping with agreements and in accordance with the Law and that it is going to be approved by the Executive branch, and that [Paredes] is going to meet there with the Alcalde to clear up doubts.

[Comment: about ten days later, an accord signed by the Alcalde and, on behalf of the government, the minister of the interior, but not by Virgilio Paredes, conceded to the people of Copan Ruinas not only the degree of participation in packing and unpacking proposed here; but much more besides. Not involved in these negotiations: the Minister of Culture, who should have been the representative of the Executive branch in this case.]

Copan is falling and so is the Cultural Patrimony...

We previously discussed the signing of a document that entirely violates the Honduran law in regard to the national cultural patrimony, and translated that document.

In the first post, we noted that Virgilio Paredes (appointed to head the Honduran Institute of Anthropology and History by Myrna Castro during the waning days of the de facto regime of Roberto Micheletti) was curiously absent from accounts of the signing of the accord ceding to the Municipal government of the town of Copan Ruinas many aspects of the management of that World Heritage site. While referenced by title in the accord, he is not named either.

Some correspondents raised the idea that the Institute and its officers were not actually committed by this agreement; that it was executed as a kind of sop to the people of the town, angered by proposed loans of objects for exhibition in the US.

But we also have received another document, and this one demonstrates that, far from protesting the illegal accord that was signed by Porfirio Lobo Sosa's representation, Africo Madrid, the Institute's legal counsel already, on February 27, has begun to put it into action.

The letter-- on letterhead of the Institute of Anthropology and History-- is directed to the mayor of Copan Ruinas, Helmy Rene Giacoman. It is signed by Attorney Erlinda Lanza, General Secretary of the Institute, and is copied to the office of the director of the Institute.

Here's what it says:

Esteemed Mr. Mayor:

I inform you that I met with Maria Miranda, Jose Ramon Murillo and Omar Antonio Rios, finalizing the details of the Supervisory Commission for the transport of pieces to the University of Pennsylvania.

I was informed that the Commission proposed by the Municipal Mayoralty would be composed in the following manner:

1. Maria Miranda, Education District
2. Jose Ramon Murillo of the 2012 Committee
3. Omar Antonio Rios Head of the Municipal Tourism Unit
4. Ingmar Diaz 2012 Committee
5. Brenda Rivera Representative of the indigenous communities
6. Martha Emma Melendez member of the Municipal Council of Transparency who also will be the custodian designated for the transport of the pieces to the US

The said committee will have to be present for 5 or 6 days, eight hours daily in the building that the CRIA occupies for the packing of the pieces and they will be attended and instructed by the Institute technician Norman Martinez, Registrar of Cultural Properties.

We spoke about the points that are described in the Copan Ruinas 2012 agreement of the 26th of February and it was determined that on point 2, while the Ley Orgánica del IHAH is not reformed, the participation of the AMHON in the Consejo Directivo of the Institute, if the Consejo itself considers it, will be solely as an observer.

With respect to point 3, it was resolved that the same commission previously named will review the inventory and will be on the record that the Maya pieces are in each one of the sites.

With respect to point 4 the elaboration of a protocol on the part of the Institute was proposed that would regulate the presence of members of the Municipal Corporation so that they shall be present in the excavations, discovery, and exhibition so that they can attest to transparency while the lay and regulations of protection are reformed.

With respect to point 5, attached you will encounter Circular No. 412-G-2011 dated 13 December of 2012, directed to the commission of Finances of the National Congress through which IHAH presented what its position was with respect to the decree through which it is proposed that a percentage of the income of the Copan Archaeological Park should pass to the Municipal Mayoralty. [This document was not attached to the copy sent to us.]

Both point 5, as well as point 6 (sales of tickets outside the country) and 8 (reform of the Ley para la Proteccion del Patrimonio Cultural de la Nacion) will depend on the Sovereign National Congress of the Republic with actions carried out by this Municipality.

Point 7 will be completed with the nomination of the commission that at the beginning of this report was laid out, and in addition the University of Pennsylvania will send to you an invitation so that you will participate in the inauguration of the event as well as the costs of one person designated by this municipality so that he should be one of the custodians of the pieces, who will participate both in the transmission as well as the return of the same.

And finally point 9 are matters specific to the Municipal Mayoralty.

In the hope that this will be the beginning of a permanent conversation,

Attentively,

Attorney Erlinda Lanza.

The Copan Agreement

Here is the text of the agreement signed in Copan, described by one of our Honduran colleagues as "a clear attack on the IHAH and the cultural patrimony". We would note that this "agreement", produced on letterhead of the Municipalidad of Copan Ruinas, entirely violates the long established constitutional principles that hold the cultural patrimony of Honduras as a common good of all the people of the country. (Note that "Copan Ruinas" is the name of the town, not simply a reference to the archaeological site; where the latter is intended, we use the English "Ruins of Copan" for the Spanish "Ruinas de Copan".)

Agreement Copan Ruinas 2012

Gathered in an Open Town meeting, in the Municipal Hall of Copan Ruinas, with the goal of reaching agreement over the subject of the sending abroad of archaeological objects from our national patrimony to the city of Pennsylvania, United States, with the participation of the municipal Mayor, the city council, Congressmen, mayors and representatives of nearby towns, the Minister of the Interior and Population as a representative of his Excellency the President of Honduras, Porfirio Lobo Sosa, the Director of the Honduran Institute of Anthropology and History, Commissioner of Municipal Transparency, brothers from the Maya Chorti, representatives of patronatos, brothers from the rural communities, citizens of Copan Ruinas. After hearing participation during the present Open Town Meeting, in Local and National interest, we agree conjointly, to the following points

1. The immediate firing from the post of Regional Director of the Honduran Institute of Anthropology and History of Salvador Varela, in light of his being responsible for the lack of communication between IHAH and the municipal government and people of Copan Ruinas.

2. To reform the Ley para la Protección del Patrimonio Cultural de la Nación (decreto 220-97) so that the honorable municipal government and town of Copan Ruinas have direct participation with voice and vote in the Consultation Council which supports IHAH, giving to the communities where the cultural patrimony is found the power and right to manage them, always within the law of the said Patrimony, so that with this [they become] the true protectors of our history.

3. To grant the honorable Municipal Corporation and town of Copan Ruinas the right to name representatives to make an complete inventory of all the archaeological pieces, documents and things of any type which are housed in the CRIA [the archaeological storage of IHAH in Copan], the Archaeological Park, Museums and any other site on the national level.

4. To grant the honorable Municipal Corporation and people of Copan Ruinas the right to name representatives that will be present in any excavation, discovery, or exhibit related to the Patrimony Ruins of Copan, which will give trust with transparency.

5. In light of the proposed law that would grant a percentage of the income from the Archaeological Park, the Ruins of Copan, coming out of an Open Meeting held in 2011, and that the same [law] is in the process of approval by the National Congress, knowing that the committee report is favorable, we ask the constitutional president of the republic, Porfirio Lobo Sosa, to support and favorable approval of the decree and ordering its publication as required by law.

6. To grant the honorable Municipal Corporation and people of Copan Ruinas the right to the sale of tickets, in conformity with the plan presented to the President of the Republic, a plan which comes from brotherhood of the honorable municipal corporation of Antigua, Guatemala and the honorable municipal corporation of Copan Ruinas.

7. To grant the honorable Municipal Corporation and people of Copan Ruinas to name a commission so that the same will be witnesses to the packing, supervision, and shipping of archaeological objects, thus to give faith in the return of all the objects that shall leave for exhibition.

8. Give the honorable Municipal Corporation the authority so that it can invoke the Legal Department of AMHON [so that] that the Ley para la Protección del Patrimonio Cultural (Decreto Legislativo 220-97) shall be reformed in every chapter and article so that the people of Honduras are empowered in their patrimonial historical legacy.

9. Ask the Investigating Prosecutor for legal processes against officials and employees of the Honduran Institute of Anthropology and History in local, state and national courts, as well as other dependencies of the state.

In witness the honorable municipal Mayor, the honorable Municipal Corporation, the honorable Congressmen, mayors or representatives of the nearby towns, Minister of the Interior and Population in representation of his Excellency President of Honduras Porfirio Lobo Sosa, Director of the Honduran Institute of Anthropology and History, municipal commissioner of transparency, brothers representatives of the Maya Chorti, represenatives of the patronatos, brothers of the rural community boards, citizens of Copan Ruinas, we proceed to the signing of the present accord.

Given in the city of Copan Ruinas, on the twenty-sixth day of the month of February of the year two thousand twelve.

[the signatures of Mayor Helmy Rene Giacoman Franco, and of Africo Madrid, follow]
[below this is the signature and seal of Julio Cesar Gámez, interim representative of the Department of Copan in Congress]
[Below this follow the names of sixteen others, not identified to office]

Robbing Culture to Pay Copan

We've said all there is to say before, but it bears re-iterating after a January 9 article in El Tiempo noted that Congress member Julio Cesar Gamez late last year introduced a bill which would assign 50% of the income from selling admission to the archaeological site of Copan to the town of Copan.

The basis of the argument advanced by the town of Copan is that they have a right to the income from admission to the archaeological site. This would take vital funding away from the Honduran Institute for Anthropology and History, responsible for all the cultural properties in Honduras, including Copan.

It's sheer greed, combined with the decreasing budgets given to municipalities by the state government in Honduras.

According to Mayor Helmy Réne Giacoman, who leads the latest effort,

"We are only left with the trash that the tourists leave",

a statement that ignores all the benefits that the town and its residents derive from those tourists. The Mayor speaks nonsense, of course.

As Victor Manuel Ramos noted last August in his column in El Tiempo, the town of Copan

receives most benefits from the Archaeological Park, because the enormous quantity of visitors also stay in the hotels of the locality, they consume food, they buy crafts, they visit the restaurants and the shops and use local transportation. All those businesses contribute taxes to the municipality. More than that, the benefits that the Institute receives are really limited if we compare them with those that the entire community and the municipality receives, since the costs for entry are very cheap and if we do an analysis of the expenditures of the visitors we will see that a tiny quantity corresponds to the Institute in the shape of tickets since the major part of the expenditures of the tourists remains in the hands of the local business people.

Just to be clear, tourism poured $650 million into the Honduran economy last year.

A 2003 study by the UN suggests that more than $60 million of that went directly to the town of Copan.

That's some trash.