2004-2005 Human Rights Ombudsperson’s Office carries out investigation into Marlin mine

In January 2004, the Collective of Social Organizations of San Marcos (COSAM) made a request to governmental authorities to cancel the exploitation licences granted to Montana Exploradora de Guatemala, S.A., the wholly owned subsidiary of Goldcorp Inc., owner of the Marlin Mine project. They argued that not stopping the mining licences would result in negative consequences for the local populations of San Miguel Ixtahuacán and Sipacapa. In particular, they complained that the environmental impacts of open pit mining and the effects of cyanide use had not been considered, nor had the government consulted with the Mayan Mam and Sipakapense communities in the project area, as required by the International Labour Organization Convention (ILO) concerning Indigenous and Tribal Peoples in Independent Countries (No. 169). 

COSAM requested the intervention of the San Marcos office of the Human Rights Ombudsperson (PDH) to investigate alleged violations of the right to a healthy environment of residents of San Miguel Ixtahuacán (PDH, 2005). As a result of this complaint, the San Marcos PDH office investigated and issued an institutional resolution (EXP.PREVENCIÓN SM.01-2004/D.S.) which recommended the authorities modify the handling of the concession to take into account the violation in the right to healthy environment of the inhabitants of the municipality of San Miguel Ixtahuacán as well as violations in the right to health of the population, including mine workers. It also highlighted violations in the specific rights of indigenous peoples (Constitutional Court, 2006;1). 

In 2005, the PDH of Guatemala also produced a report, “Mining Activity and Human Rights in Guatemala”. The report concluded that existing mining legislation should be repealed, and new legislation enacted in line with standards of ILO Convention 169. It stated that mining as presently conducted caused grave impacts on health and the environment, and provoked social conflicts, particularly violating the rights of indigenous communities (ibid, 54). The PDH recommended that resource exploitation must only take place with prior consultation and acceptance of affected communities. 

The report also recommended that the Ministry of Energy and Mines (MEM) and the Ministry of Environment and Natural Resources (MARN) should consider rescinding the gold and silver exploitation licence for the Marlin mine and stop other concessions, until such a time as there was clarity with regard consultation processes in line with ILO Convention 169. The PDH called on MEM and MARN to conduct a full review of the mining sector to clarify impacts on the environment and sustainable development (ibid, 55).