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”
Subsoil Key Actors Category Archives
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”
2000 Community complaint to Environmental Prosecutor
In 2000, the Siria Valley Environmental Committee (CAVS) filed a complaint with the Environmental Prosecutor, accusing Glamis Gold Ltd. (then owner of the San Martín mine) of environmental crimes. The Prosecutor conducted a 10-month investigation and sought arrest warrants for three officials of Minerales Entre Mares de Honduras, S.A., a Glamis Gold wholly owned subsidiary.Continue reading “2000 Community complaint to Environmental Prosecutor”
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”
2006-2013 Moratorium on Mining Concessions
A moratorium on new mining concessions was originally proposed in 2004 by the Minister of Natural Resources. According to the Honduras Accompaniment Project (PROAH), this proposal was based on the following two factors: (1) the Siria Valley Environmental Committee (CAVS) and the Civic Alliance for Mining Law Reform demonstrated to the Executive Directorate for theContinue reading “2006-2013 Moratorium on Mining Concessions”
2006-2009 Draft Mining Law proposed by civil society organizations
In 2006, the Civic Alliance for Democracy (ACD), a network of 35 social organizations in Honduras working to defend the interests of communities against mining companies, submitted a proposal for a new mining law that, among other things, ended the use of cyanide and other toxic substances, prohibited open pit mining, required community consultations/referendum priorContinue reading “2006-2009 Draft Mining Law proposed by civil society organizations”
2006-2017 Constitutional Challenges to Honduran Mining Laws
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. The Court found that 13 of the legislation’s provisionsContinue reading “2006-2017 Constitutional Challenges to Honduran Mining Laws”
2007- Municipalities Declare Territories Free of Mining [San Martín]
Between 2013 and 2015, approximately 20 municipalities across Honduras declared themselves “territories free of mining” by holding public referenda (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, El Progreso andContinue reading “2007- Municipalities Declare Territories Free of Mining [San Martín]”
2013- Proposed National Consultation Law
In May 2018, the Honduran government presented a final version of its proposed national consultation law to the National Congress. This proposed law is intended to “codify Honduras’ international legal obligations to respect indigenous peoples’ rights to free, prior, and informed consent (“FPIC”)”, including the rights guaranteed under the International Labour Organization Convention concerning IndigenousContinue reading “2013- Proposed National Consultation Law”
2004-2007 Investigation into water contamination leads to fine against company, overturned by court on appeal
In 2004, a study was ordered by the then Directorate for the Promotion of Mining (DEFOMIN) into contamination of water supplies near San Martín mine. This found that there was evidence of arsenic poisoning in the water supply to the community of Nueva Palo Ralo, a hamlet that had been forcibly relocated by the San MartínContinue reading “2004-2007 Investigation into water contamination leads to fine against company, overturned by court on appeal”
