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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]”

2017 Complaint to the International Commission Against Impunity in Guatemala (CICIG)

In February 2017, communities impacted by the extraction of gold and other minerals in the municipalities of San Miguel Ixtahuacán and Sipacapa filed a complaint with the International Commission against Impunity in Guatemala (CICIG) in relation to a network of corruption and cooptation that functioned for the approval of extractive mining licences for Montana ExploradoraContinue reading “2017 Complaint to the International Commission Against Impunity in Guatemala (CICIG)”

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”

2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities

In December 2007, 13 communities of the Sipakapense Mayan people from Sipacapa, San Marcos filed a petition with the Inter-American Commission on Human Rights (IACHR) against Guatemala regarding the authorization of the Marlin Mine. These communities were later joined by the municipal mayors of Sipacapa and San Miguel Ixtahuacán as representatives of Sipakapense Mayan andContinue reading “2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities”

2005- Community Consultation Processes [Marlin]

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 hydroelectricContinue reading “2005- Community Consultation Processes [Marlin]”

2013 Petition to IACHR filed by Council of Mayan and Xinka Peoples [Marlin]

In September 2013, the Council of Mayan and Xinka Peoples filed a petition against Guatemala before the Inter-American Commission on Human Rights (IACHR) for systemic violation of the collective rights of indigenous peoples in Guatemala. This petition was filed in response to the 2013 Constitutional Court ruling dismissing a constitutional challenge (amparo) brought by Guatemala’s Western Peoples’ CouncilContinue reading “2013 Petition to IACHR filed by Council of Mayan and Xinka Peoples [Marlin]”

2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]

On 23 March 2011, Guatemala’s Western Peoples’ Council of Mayan Organizations (CPO) brought a legal action (amparo) before the Constitutional Court challenging the constitutionality of a draft regulatory law. The draft bill was entitled “Regulations regarding the Consultation Process under the International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries”,Continue reading “2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]”

2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]

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 “2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]”

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”

2005- Community Consultations Processes [Escobal]

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 Consultations Processes [Escobal]”