In May 2013, the former head of security for Escobal mine, Alberto Rotondo, was placed under house arrest in connection with criminal charges linking him to “an April [2013] shooting that left six injured outside Tahoe Resources’ mine in southeastern Guatemala (MiningWatch Canada, 2017). The charges included assault, aggravated assault, and obstruction justice. No chargesContinue reading “2013- Criminal prosecution of Former Head of Security and other security guards at Escobal mine and compensation claim against Tahoe Resources”
Subsoil Jurisdiction Archives
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]”
2016 Investigation by Human Rights Ombudsperson [Cerro Blanco]
In December 2016, Guatemala’s Human Rights Ombudsperson released a decision relating to an investigation of the alleged violation of the human right to a healthy environment by Entre Mares, S.A., as a result of the operation of and waste produced by its Cerro Blanco mine. As part of its investigation, the Human Rights Prosecutor solicited reports fromContinue reading “2016 Investigation by Human Rights Ombudsperson [Cerro Blanco]”
2005- Community Consultation Processes [Cerro Blanco]
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 Consultation Processes [Cerro Blanco]”
2008- Moratoriums on Metallic Mining [Cerro Blanco]
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- Moratoriums on Metallic Mining [Cerro Blanco]”
2011-2018 Constitutional Challenge of Draft Regulation on Indigenous Consultation Processes [Cerro Blanco]
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 [Cerro Blanco]”
