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2012 IACHR hearing on the Human Rights of People Affected by Metallic Mining in El Salvador

On 4 November 2012, the Inter-American Commission on Human Rights (IACHR) held a hearing on the Human Rights of People Affected by Metallic Mining in El Salvador. The hearing was part of the Commission’s 146th Regular Period of Sessions, and held at the request of El Salvador’s Ombudsperson for the Defence of Human Rights (PDDH). The PDDH requested the hearing as a result of the Commission’s interest in its submissions on the state of metallic mining during the previous year’s session, and its request that El Salvador keep the Commission informed of the situation. The PDDH submitted a report on metallic mining and human rights in El Salvador, including its position on the Cerro Blanco transborder mining project. It expressed concern regarding the project’s location on the Trifinio biosphere reserve and argued that, since its approval, “the Cerro Blanco Mining Project has become a slow and certain threat to human life, vegetation, fauna, [and] water resources not only in the Republic of Guatemala, but rather in the Republic of El Salvador as well” (PDDH, 2012). The PDDH also made oral submissions at the hearing, along with representatives from the Water Forum and the National Roundtable Against Metallic Mining (Mesa Nacional). A video of the hearing is available in the IACHR reference below.

Prior to the hearing, a panel discussion was held at the Consulate of El Salvador in Washington D.C., where the PDDH, together with the Institute for Policy Studies (IPS) and the Committee in Solidarity with the People of El Salvador (CISPES), presented on the implications of the Cerro Blanco mine in the border region of El Salvador and Guatemala. IPS is a think tank based in Washington D.C. “dedicated to building a more equitable, ecologically sustainable, and peaceful society.” CISPES is a grassroots organization founded in 1980 that supports “Salvadoran people’s struggle for social and economic justice.”

In January 2013, the PDDH announced that it was seeking a “special hearing” at the IACHR focused on the Cerro Blanco mining project and the risk of heavy metal water contamination, indicating that it would request that the IACHR conduct a mediation between El Salvador and Guatemala the following March. In the meantime, the matter continued to be managed through diplomatic channels. Goldcorp Inc. ultimately suspended the project in July 2013, but has since sold it to Bluestone Resources Inc., which is in the process of finalizing its feasibility studies. At the time of writing (September 2018), no further developments have been reported on the request for a special hearing at or mediation by the IACHR on Cerro Blanco.

Type of Action / Tipo de Acción:
International and Regional Tribunals
Extractive Project / Proyecto extractivo:
Region / Región:
Central America
Country / País:
Guatemala
Natural Resource / Recurso natural:
Gold, Silver
Jurisdiction / Jurisdicción:
Inter-American System
Category of Key Actors in Legal Action / Categoría de actores claves en la Acción Legal:
Grassroots Movements, Civil Society Organizations, State Institutions
Human Rights Violated/Claimed:
Right to a healthy environment, Right to water, Right to due process, Right to consultation
Key Legal Actors Involved / Actores jurídicos clave involucrados:
Community in Solidarity with the People of El Salvador (CISPES), El Salvador Ombudsperson for Human Rights, National Roundtable Against Metallic Mining in El Salvador (Mesa Nacional), Water Forum
Year Action Started / Año de inicio:
2012
References / Referencias:

Benjamin Witte-Lebhar, “El Salvador seeks international help to block gold mine in Guatemala”, 2 July 2013, online: http://digitalrepository.unm.edu/cgi/viewcontent.cgi?article=1095&context=la_energy_notien, accessed 8 October 2020.

El Salvador Ombudsman for Human Rights Defense (PDDH), “Position about Metallic Mining in El Salvador, The ‘Cerro Blanco’ transborder project in Guatemala and its potential impacts on human rights for the residents in the Republic of El Salvador”, dated 16 October 2012, online: https://moam.info/declaration_5983716f1723ddf056a7dab2.html, accessed 8 October 2020.

El Salvador Ombudsman for Human Rights Defense (PDDH), “Informe Especial sobre el Proyecto Minero ‘Cerro Blanco’ y las Potenciales Vulneraciones a Derechos Humanos en la población salvdoreña”, dated January 2013, online: https://en.calameo.com/read/00182556612087b13e31d, accessed 8 October 2020.

Inter-American Commission on Human Rights (IACHR), “146 Regular Period of Sessions of the IACHR – Human Rights of People Affected by Metal Mining in El Salvador”, dated 4 November 2012, online: http://www.oas.org/es/cidh/audiencias/Hearings.aspx?Lang=en&Session=129&page=2, accessed 8 October 2020.

Institute for Policy Studies (IPS), “The Cerro Blanco Mine and The Border Region of El Salvador and Guatemala”, dated October 2012, online: https://ips-dc.org/events/the_cerro_blanco_mine_and_the_border_region_of_el_salvador_and_guatemala/, accessed 8 October 2020.

Movimiento M-4, “Presentarán caso de mina en Corte Interamericana”, dated 16 October 2012, online: http://movimientom4.org/2012/10/presentaran-caso-de-mina-en-corte-interamericana/, accessed 8 October 2020.