2007-2008 Constitutional Challenge to Marlin exploitation licences filed by Colectivo Madreselva

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 on the basis that it violated the right of defence, the requirement to consult with indigenous peoples, the rights to life, health and a healthy environment, the right to protection of the person, and failed to take into account environmental assessments or guarantee rights to due process. The court dimissed the claim on the basis that, among other things, the impugned licences were issued in accordance with the General Mining Law (Constitutional Court, 2008).