Since it began, the Marlin Mine project has been associated with several incidences of violence against environmental and anti-mine protestors, as well as a general trend toward increasing criminalization by the Guatemalan state, with high incidences of protestors and mining opponents being arrested, detained, surveilled, and threatened. One prominent example involves eight Mam Mayan womenContinue reading “2005-2017 Criminalization of and Violence against Protestors and Mining Opponents [Marlin]”
Subsoil Country Archives
2006-2014 Permanent Peoples’ Tribunal hearings on Canadian mining in Latin America [Guatemala/Marlin]
Between 2006 and 2010, the Permanent Peoples’ Tribunal (PPT) held three hearings as part of a session, entitled the “European Union and transnational corporations in Latin America: policies, instruments and actors complicit in the violations of peoples’ rights.” This session included testimony and evidence relating to the Marlin Mine in Guatemala. In respect to thisContinue reading “2006-2014 Permanent Peoples’ Tribunal hearings on Canadian mining in Latin America [Guatemala/Marlin]”
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]”
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”
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”
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”
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]”
1997-2015 Guatemalan Mining Laws and Amendments [Marlin]
The mining industry in Guatemala is governed by, among other things, the General Mining Law. This law was initially passed in 1997, following a peace process that ended the 1960-1996 internal conflict. It was criticized by some Guatemalan civil society and legal groups for creating a low royalty rate of 1% and failing to establishContinue reading “1997-2015 Guatemalan Mining Laws and Amendments [Marlin]”
2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]
On 19 June 2008, the Constitutional Court of Guatemala declared seven provisions of the 1997 Mining Law unconstitutional based on a failure to comply with Guatemala’s environmental laws. In particular, the court agreed with the Centre for Environmental and Socio-Legal Action (CALAS) that the following aspects of the Mining Law breached the state’s obligation toContinue reading “2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]”
2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]
On 23 March 2011, Guatemala’s Western Peoples’ Council of Mayan Organizations (CPO) brought a legal action (amparo) before the Constitutional Court challenging the constitutionality of a draft regulatory law. The draft bill was entitled “Regulations regarding the Consultation Process under the International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries”,Continue reading “2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]”
