On 31 July 2018, after repeated failures of local and national authorities to address their concerns regarding the ASP mining concessions, the Municipal Committee in Defence of Common and Public Goods (CMDBCP) and supporters established a protest encampment on the access road to the mine. The protest encampment in defence of water and life lastedContinue reading “2018 Eviction of protest encampment”
Subsoil Jurisdiction Archives
2018-2022 Criminalisation and detention of CMDBCP environmental rights defenders
The criminalisation and unwarranted detention of human rights defenders in Honduras has been widely documented by national and international human rights organizations (IACHR, 2019: para. 306; Statement at the end of visit to Honduras by the UN Working Group on Business and Human Rights, 2019). This includes the manipulation of the justice system to mountContinue reading “2018-2022 Criminalisation and detention of CMDBCP environmental rights defenders”
2018-2022 Legal challenges to criminalization of environmental defenders
Facing criminalization for protesting against the ASP1 and ASP2 mining project, the Municipal Committee for the Defence of Common and Public Goods (CMDBCP), partner organizations and defence lawyers have mobilized to challenge their baseless judicial persecution (See Legal Action entitled “2018-2022 Criminalization and detention of CMDBCP environmental rights defenders”). This involved the voluntary presentations ofContinue reading “2018-2022 Legal challenges to criminalization of environmental defenders”
2020 Human Rights Ombudsperson issues public letter criticising criminal case against Guapinol defenders
Issued on 22 September 2020, the Honduran Human Rights Ombudsperson’s public letter directed at the judicial authorities made the case for the detained members of the Municipal Committee in Defence of Common and Public Goods (CMDBCP) as human rights activists engaged in legitimate protest activities. The letter also pointed to the failure of the judiciaryContinue reading “2020 Human Rights Ombudsperson issues public letter criticising criminal case against Guapinol defenders”
2019 National Protection System recognises the CMDBCP as a human rights organization
In August 2019, the National System for the Protection of Human Rights Defenders officially recognised in written correspondence DGSP234-2019 that the CMDBCP is an organization engaged in activities of the legtimate defence of human rights. As such, a key branch of the state human rights aparatus recognised the CMDBCP as human rights actors, enabling theContinue reading “2019 National Protection System recognises the CMDBCP as a human rights organization”
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]”
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]”
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”
