In March 2018, the Labour Commission of the Guatemalan Congress announced that it would begin analyzing a draft bill on proposed procedures for consultation with indigenous peoples (Guatemalan Congress, 2018). The following month, the Western Peoples’ Council of Mayan Organizations (CPO) announced that it had started an action before the Constitutional Court challenging this billContinue reading “2018- Draft Bill on Indigenous Consultation Procedures and CPO Constitutional Challenge”
Subsoil Country Archives
2008 and 2009 Latin American Water Tribunal Hearings [Guatemala/Marlin]
In 2008, the Latin American Water Tribunal convened its fifth session in Antigua, Guatemala. This session included a complaint brought by the Pluri-Cultural Centre for Democracy (CPD) against Guatemala and Montana Exploradora de Guatemala, S.A. (wholly owned subsidiary of Goldcorp Inc.) in respect of the Marlin Mine project in San Miguel Ixtahuacán and Sipacapa, DepartmentContinue reading “2008 and 2009 Latin American Water Tribunal Hearings [Guatemala/Marlin]”
2005-2008 Constitutional Challenges to Community Consultation Processes brought by Montana Exploradora
In June 2005, Montana Exploradora de Guatemala, S.A., a wholly owned subsidiary of Goldcorp Inc., sought an injunction (amparo) against the Municipality of Sipacapa in the Department of San Marcos challenging the constitutionality of three municipal agreements in which the municipality agreed to consult, in good faith and in accordance with the customs and traditionsContinue reading “2005-2008 Constitutional Challenges to Community Consultation Processes brought by Montana Exploradora”
2011 Country visit by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People
In June 2010, the United Nations Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, James Anaya, visited Guatemala at the invitation of the government after the Special Rapporteur delivered a series of allegations of human rights violations relating to the Marlin Mine. During the visit, the Special Rapporteur metContinue reading “2011 Country visit by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People”
2010-2015 ILO Criticizes Guatemala on Mining and Indigenous Communities [Marlin]
In 2010, the International Labour Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations (CEACR) released a report criticizing Guatemala for, despite earlier comments made in 2005, 2006, and 2007, continuing to issue mining licences without consultation with indigenous communities and for failing to compensate indigenous communities for damages sustained or “makeContinue reading “2010-2015 ILO Criticizes Guatemala on Mining and Indigenous Communities [Marlin]”
2008-2017 Goldcorp Human Rights Impact Assessment
Following a series of allegations of human rights violations relating to the Marlin Mine, in 2008, “a group of shareholders called on Goldcorp to undertake an independent human rights impact assessment (HRIA) of the mine” (Yap and Scott, 2010). The company created a steering committee to oversee the assessment, which retained On Common Ground ConsultantsContinue reading “2008-2017 Goldcorp Human Rights Impact Assessment”
2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities
In December 2007, 13 communities of the Sipakapense Mayan people from Sipacapa, San Marcos filed a petition with the Inter-American Commission on Human Rights (IACHR) against Guatemala regarding the authorization of the Marlin Mine. These communities were later joined by the municipal mayors of Sipacapa and San Miguel Ixtahuacán as representatives of Sipakapense Mayan andContinue reading “2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities”
2010 Constitutional Petition filed by Mayan Communities to Suspend Marlin Mine
On 2 March 2010, several Mayan communities presented a petition for constitutional protection with the Guatemalan authorities, calling for the immediate suspension of all mining activities taking place on Mayan land, including Goldcorp’s Marlin Mine” (Intercontinental Cry, 2010). The petition followed a request by the International Labour Organization (ILO) for information regarding consultation and participation procedures surrounding mining activities,Continue reading “2010 Constitutional Petition filed by Mayan Communities to Suspend Marlin Mine”
2007-2008 Constitutional Challenge to Marlin exploitation licences filed by Colectivo Madreselva
In 2007, the NGO Colectivo Madreselva brought a constitutional proceeding against the Guatemalan President, the Ministry of Energy and Mines (MEM), the Ministry of the Environment and Natural Resources (MARN), and the Ministry of Public Health and Social Assistance. The Association challenged the government’s approval of mining exploitation licences for the Marlin Mine project onContinue reading “2007-2008 Constitutional Challenge to Marlin exploitation licences filed by Colectivo Madreselva”
2009-2011 Complaint to Canadian National Contact Point for the OECD
In December 2009, the Front in Defense of San Miguel Ixtahuacán (FREDEMI), assisted by the Centre for International Environmental Law (CIEL), filed a request for review with the Canadian National Contact Point (NCP), alleging that Goldcorp Inc. had breached the Organization for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises in its operation ofContinue reading “2009-2011 Complaint to Canadian National Contact Point for the OECD”
