In February 2020, the Xinka Parliament and the Guatemalan Ministry of Energy and Mines restarted dialogue on the conditions necessary to fufill the Constitutional Court ruling on the requirement to conduct a consultation process with the Xinka people affected by the Escobal mine (see Legal Action entitled, “2017- Judicial Suspension of Tahoe’s Mining Licences“). In October, afterContinue reading “2020- Guatemalan Government and the Xinka Parliament initiate pre-consultation over Escobal”
Subsoil Jurisdiction Archives
2005- Community Consultation Processes [Marlin]
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 hydroelectricContinue reading “2005- Community Consultation Processes [Marlin]”
2005-2017 Criminalization of and Violence against Protestors and Mining Opponents [Marlin]
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]”
2004-2005 Human Rights Ombudsperson’s Office carries out investigation into Marlin mine
In January 2004, the Collective of Social Organizations of San Marcos (COSAM) made a request to governmental authorities to cancel the exploitation licences granted to Montana Exploradora de Guatemala, S.A., the wholly owned subsidiary of Goldcorp Inc., owner of the Marlin Mine project. They argued that not stopping the mining licences would result in negativeContinue reading “2004-2005 Human Rights Ombudsperson’s Office carries out investigation into Marlin mine”
2014-2017 Criminal Complaints against the Mayor of San Miguel Ixtahuacán
In January 2014, the Front in Defense of San Miguel Ixtahuacán (FREDEMI) and the Pluri-Cultural Legal Association of Guatemala (PLURIJUR) filed a criminal complaint against the Mayor of San Miguel Ixtahuacán, Ovidio Joel Domingo Bámaca, for the crime of servitude committed against five local communities who were the beneficiaries of precautionary measures granted by theContinue reading “2014-2017 Criminal Complaints against the Mayor of San Miguel Ixtahuacán”
2010 Legal Actions against Montana Exploradora regarding Water Discharge from Marlin Mine
In September 2010, the Minister of the Environment, Luis Ferraté, filed a criminal complaint with the Office of the Public Prosecutor against Montana Exploradora de Guatemala, S.A., a wholly owned subsidiary of Goldcorp Inc., to investigate the discharge of residual waters from the Marlin Mine tailing dams because they may have contaminated the Quivichil river,Continue reading “2010 Legal Actions against Montana Exploradora regarding Water Discharge from Marlin Mine”
2012 Criminal Complaint against Marlin Mine filed by 100 Communities in San Marcos
In December 2012, leaders and representatives from approximately 100 communities in San Marcos filed a criminal complaint against the Marlin Mine project for unlawful appropriation of water, unlawful appropriation of property, industrial contamination, spreading of disease among plants and animals, intentionally falsifying and misrepresenting public documents (falsedad material y falsedad ideológica), and illegal exploitation ofContinue reading “2012 Criminal Complaint against Marlin Mine filed by 100 Communities in San Marcos”
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”
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”
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”
