Articles 115 and 116 of El Salvador’s Municipal Code require municipal governments to promote citizen participation through various mechanisms, including popular consultations (consulta popular). According to art. 117, a popular consultation must be held where “40% of eligible voters request in writing” that one be called (See also Stopesmining.org, 2014). Moreover, the municipal council cannotContinue reading “2014-2017 Five municipalities declare themselves “Mining-Free Territories” through popular consultation procedures”
Subsoil Key Actors Category Archives
2009-2016 Pacific Rim International Investment Arbitration against El Salvador
In April 2009, Pacific Rim Mining Corporation (“Pacific Rim Corp.”), through its wholly-owned subsidiary, Pac Rim Cayman LLC (“PRC”, together referred to as “Pacific Rim”), commenced an Arbitration action under the International Centre for Settlement of Investment Disputes (ICSID) Convention seeking damages of more than US$314 million from El Salvador for unlawfully terminating its rightsContinue reading “2009-2016 Pacific Rim International Investment Arbitration against El Salvador”
2006 De facto Moratorium on Mining imposed by successive Salvadoran governments
In 2006, the Salvadoran government, led by the traditionally business-friendly party, Nationalist Republican Alliance (ARENA) imposed a “de facto” moratorium on all mineral-related concessions in El Salvador (Montoya, 2024). While not expressed in any formal document or policy, the moratorium was implicit in the fact that the government never granted Pacific Rim Mining Corporation anContinue reading “2006 De facto Moratorium on Mining imposed by successive Salvadoran governments”
1996-2017 Salvadoran General Mining Laws and Amendments
The current legislative framework for mining operations in El Salvador, including those owned by transnational corporations, began with the enactment of the Mining Law in 1996, four years after the end of a 12-year civil war (OCMAL et al., n.d.). In 2001, this law was amended to, among other things, reduce the level of royalty ratesContinue reading “1996-2017 Salvadoran General Mining Laws and Amendments”
2013 Criminalization of Protests and Mining Opposition Movements
After the arrival of B2Gold and its subsidiary, Desarrollo Minero de Nicaragua S.A. (DESMINIC S.A.), in the Department of Chontales, there were several reported cases of criminalization, violence, threats, and forced displacement against local residents and opponents of large scale mining, particularly in the municipality of Santo Domingo (CENIDH, 2013; Revista Envío, 2013). In 2012,Continue reading “2013 Criminalization of Protests and Mining Opposition Movements”
2015 Administrative Complaint filed by Affected Community Residents against B2Gold
In 2015, residents of Santo Domingo and Managua filed a complaint with the Ministry of Environment and Natural Resources (MARENA) of Juigalpa (the capital city of the Department of Chontales) against Desarrollo Minero de Nicaragua S.A. (DESMINIC S.A.), a wholly owned subsidiary of B2Gold. The complaint accused the company of, among other things, a failureContinue reading “2015 Administrative Complaint filed by Affected Community Residents against B2Gold”
2013 Citizens Complaint regarding B2Gold/DESMINIC violation of Legal and Environmental Regulations
In 2013, a citizen complaint was filed with the Environmental Ombudsperson, Office of the Public Prosecutor, and the Ministry of the Environment describing three years of violations of legal and environmental regulations by Desarrollo Minero de Nicaragua S.A. (DESMINIC S.A.), a wholly owned subsidiary of B2Gold, and the conduct of the authorities charged with theContinue reading “2013 Citizens Complaint regarding B2Gold/DESMINIC violation of Legal and Environmental Regulations”
2012 Administrative Complaint by Artisanal Miners against B2Gold
According to an interview conducted with a representative of the Humboldt Centre as part of The Legal Cultures of the Subsoil project, in October 2012, two groups of small-scale artisanal miners, El Cafetal (The Coffee Plantation) and Sector La Cuatro (Sector Four), filed a complaint with the Ministry of Environment and Natural Resources (MARENA), withContinue reading “2012 Administrative Complaint by Artisanal Miners against B2Gold”
2012 Administrative complaint filed by Save Santo Domingo Environmental Movement (MASSD)
In 2012, the Save Santo Domingo Environmental Movement (MASSD), with the assistance of the Humboldt Centre, filed an administrative complaint with the Ministry of the Environment and Natural Resources (MARENA), the Office of the State Prosecutor (PGR), and the Municipality, challenging the granting of exploitation mining licences to Desarrollo Minero de Nicaragua S.A. (DESMINIC S.A.),Continue reading “2012 Administrative complaint filed by Save Santo Domingo Environmental Movement (MASSD)”
2010 Administrative Complaint filed by the Units of Environmental Management (UGA) from six municipalities
In October 2010, Units of Environmental Management (UGA) from six municipalities, including Santo Domingo and La Libertad, filed an administrative complaint with the Ministry of the Environment and Natural Resources (MARENA) and the Office of the State Prosecutor (PGR) on the basis that the exploration activities conducted by B2Gold through its wholly owned subsidiary, DesarrolloContinue reading “2010 Administrative Complaint filed by the Units of Environmental Management (UGA) from six municipalities”
