In 2008, the Government of Guatemala, then led by President Álvaro Colom Caballeros of the National Unity of Hope (UNE) party, instituted a moratorium on issuing new mining licences. This moratorium was triggered by a successful constitutional challenge in 2008 of the country’s General Mining Law, which was raised in the context of opposition toContinue reading “2008-2013 Moratoriums on Metallic Mining [Escobal]”
Subsoil Country Archives
2005- Community Consultations Processes [Escobal]
Between 2005 and 2016, approximately 80 community consultations (consultas comunitarias), also known as popular consultations (consultas populares or consultas), were held across Guatemala, resulting in a large majority of citizens voting against mining and other commercial activities in their territories (Ardon, 2016). The “consulta movement” in Guatemala began in 2005 in response to a hydroelectric project in RíoContinue reading “2005- Community Consultations Processes [Escobal]”
2013-2019 Complaints to Canadian Securities Regulators
In May 2013, the Justice and Corporate Accountability Project (JCAP) filed a complaint against Tahoe Resources Inc. at the Ontario Securities Commission (OSC), requesting that the OSC investigate whether Tahoe had complied with its obligations under the Ontario Securities Act to disclose all material changes “forthwith”, including information relating to opposition and social conflict surrounding the EscobalContinue reading “2013-2019 Complaints to Canadian Securities Regulators”
2016 Complaint to U.S. Securities Regulators
In August 2016, the Justice and Corporate Accountability Project (JCAP) filed a complaint against Tahoe Resources Inc. at the U.S. Securities Exchange Commission (SEC), requesting (among other things) that the SEC investigate whether Tahoe “failed to meet legal requirements for disclosing human rights abuses and failed to disclose lawsuits that impact the Escobal mine” (NISGUA,Continue reading “2016 Complaint to U.S. Securities Regulators”
2014-2019 Canadian Lawsuit against Tahoe Resources
In June 2014, seven plaintiffs commenced a civil lawsuit in British Columbia, Canada against Tahoe Resources Inc. for injuries arising from the alleged conduct of private security personnel employed at Escobal mine. In particular, on 27 April 2013, a protest was held outside the gates of Escobal. The plaintiffs “allege[d] that security guards opened theContinue reading “2014-2019 Canadian Lawsuit against Tahoe Resources”
2012-2013 Tahoe Lawsuit against Guatemalan Government
In June 2012, Minera San Rafael, S.A., a wholly-owned subsidiary of Tahoe Resources Inc., commenced a lawsuit in the Constitutional Court of Guatemala alleging that “community protests had ‘impeded its work,’ including the construction of an electrical transmission line through a road allowance in the neighbouring municipality of Mataquescuintla. The lawsuit named the President ofContinue reading “2012-2013 Tahoe Lawsuit against Guatemalan Government”
2013 State of Siege and Criminalization of Protestors and Community Leaders
In May 2013, the government of Guatemala declared a temporary “state of siege”, deploying 8,500 police and soldiers in the municipality of San Rafael Las Flores (where Escobal is located) and the surrounding municipalities of Mataquescuintla, Casillas, and Jalapa, each of which voted against mining in community consultations (consultas). The state of siege followed theContinue reading “2013 State of Siege and Criminalization of Protestors and Community Leaders”
2017- Judicial Suspension of Tahoe’s Mining Licences
On 5 July 2017, Guatemala’s Supreme Court of Justice temporarily suspended two of Tahoe Resources Inc.’s mining licences pending resolution of a constitutional challenge (amparo) filed against the Ministry of Energy and Mines for discrimination and lack of consultation with indigenous Xinka communities prior to issuing the mining licences for the El Escobal mining projectContinue reading “2017- Judicial Suspension of Tahoe’s Mining Licences”
2013 Injunction filed against granting of Escobal exploitation licence
In April 2013, the Ministry of Energy and Mines (MEM) granted Tahoe Resources, through its wholly-owned subsidiary, Minera San Rafael, mining licences in relation to the Escobal mining project. Members of the Xinka indigenous community, as well as other affected residents, had opposed the company’s application for mining licences since November 2010. In 2012 and 2013, moreContinue reading “2013 Injunction filed against granting of Escobal exploitation licence”
1997-2015 Guatemalan Mining Laws and Amendments [Cerro Blanco]
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 [Cerro Blanco]”