In May 2015, Decree 134-2015 created the Law to protect human rights defenders, journalists and justice officials. In 2016 the regulatory code of the law was enacted. The 2015 law, modelled on similar experiences in the Latin American region, was passed in response to national and international pressure to address the wide range of threatsContinue reading “2015 Law to protect Human Rights defenders and journalists”
Subsoil Jurisdiction Archives
2016 Ceibita community consent for mining project
On 30 June 2016 EMCO Mining (which changed its name to Inversiones Los Pinares (ILP) in 2017 and became part of the EMCO Group) approached locals of Ceibita to build an access road through their community to the processing plant and mining site. The company promised jobs and investment in Ceibita in return for agreeingContinue reading “2016 Ceibita community consent for mining project”
2016-2020 Tocoa Municipal consultative assembly to declare “Territory Free of Mining”
According to Article 25 of the Honduran Law of Municipalities, the Municipal Council is empowered “to call a plebiscite of all municipal citizens to take decisions on issues that the Council considers of great importance. The result of the plebiscite is binding and should be made public” (See Legal Action entitled “2007- Municipalities Declare TerritoriesContinue reading “2016-2020 Tocoa Municipal consultative assembly to declare “Territory Free of Mining””
2007- Municipalities Declare Territories Free of Mining [ASP1 and ASP2]
Between 2013 and 2015, approximately 20 municipalities across Honduras declared themselves “territories free of mining” by holding public referenda or consultative assemblies (cabildos abiertos) in which communities voted on whether to allow mining operations where they lived. These municipalities included, among others, Sabá and Balfate in Colón; Danlí and Teupasenti in El Paraíso; El Negrito,Continue reading “2007- Municipalities Declare Territories Free of Mining [ASP1 and ASP2]”
2019 Constitutional challenge to decree modifying Montaña de Botaderos National Park
On 25 February 2019, members of Municipal Committee in Defence of Common and Public Goods (CMDBCP) and the San Alonso Rodríguez Foundation, and accompanied by the Coalition Against Impunity, filed a constitutional challenge or judicial review (recurso de inconstitucionalidad) of Decree 252-2013 which had reduced the dimensions of the Core Zones of Montaña de BotaderosContinue reading “2019 Constitutional challenge to decree modifying Montaña de Botaderos National Park”
2006-2017 Constitutional Challenges to Honduran Mining Law [ASP1 and ASP2]
In 2006, a constitutional challenge was brought on behalf of 20 Honduran citizens, including representatives of the Honduran Association of Environmental and Agro-Forest Journalists (AHPAAF) and the Committee for the Defense and Development of the Gulf of Fonseca Plant and Wildlife, against the 1998 Mining Law. In 2006, the Court found that 13 of theContinue reading “2006-2017 Constitutional Challenges to Honduran Mining Law [ASP1 and ASP2]”
1998-2013 Honduran Mining Laws [ASP1 and ASP2]
In 2013, the Honduran Government, led by President Porfirio Lobo Sosa of the National Party of Honduras (PNH), enacted a new General Mining Law (the “2013 Mining Law”). This law revoked the 1998 Mining Law and lifted a moratorium on new mining concessions. The drafting of the 2013 Mining Law involved input from experts assignedContinue reading “1998-2013 Honduran Mining Laws [ASP1 and ASP2]”
2002 Criminal complaint filed for contamination to Malake River
In 2002, Siria Valley Environmental Committee (CAVS) filed a criminal complaint with the public prosecutor for crimes against health in relation to contamination of the Malake River. However, the complaint did not result in charges or legal action against those responsible.
2000 Community organizations challenge legality of environmental permit
In June 2010, the Siria Valley Environmental Committee (CAVS) and other civil society organizations filed an administrative challenge to the legality of the Honduran Ministry of Natural Resources and Environment (SERNA) granting an environmental permit for exploitation of the San Martín concession. The legal challenge was unsuccessful (CIDSE, 2009: 69).
1998-2013 Honduran Mining Laws
In 1998, the Honduran Government passed the General Mining Law (“1998 Mining Law”). The law was passed in the aftermath of Hurricane Mitch – a natural disaster that caused significant damage throughout the country – and enabled a new regulatory regime for mining in Honduras. Some critics point out that the legislative drafting and enactmentContinue reading “1998-2013 Honduran Mining Laws”
