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”
Subsoil Jurisdiction Archives
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”
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”
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”
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]”
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 [Escobal]
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 establish aContinue reading “1997-2015 Guatemalan Mining Laws and Amendments [Escobal]”
2008-2018 Constitutional Challenges against Guatemalan Mining Laws [Escobal]
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 “2008-2018 Constitutional Challenges against Guatemalan Mining Laws [Escobal]”
2011-2018 Constitutional Challenge of Draft Regulation on Indigenous Consultation Processes [Escobal]
On 23 March 2011, Guatemala’s Western Peoples’ Council of Mayan Organizations (CPO) brought an action before the Constitutional Court challenging the constitutionality of a draft regulation, entitled “Regulations regarding the Consultation Process under the International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries”, which included a 30-day notice period fromContinue reading “2011-2018 Constitutional Challenge of Draft Regulation on Indigenous Consultation Processes [Escobal]”
2008-2013 Moratoriums on Metallic Mining [Escobal]
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]”
