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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”

2007- Municipalities Declare Territories Free of Mining [San Martín]

Between 2013 and 2015, approximately 20 municipalities across Honduras declared themselves “territories free of mining” by holding public referenda (cabildos abiertos) in which communities voted on whether to allow mining operations where they lived. These municipalities included, among others, Sabá and Balfate in Colón; Danlí and Teupasenti in El Paraíso; El Negrito, El Progreso andContinue reading “2007- Municipalities Declare Territories Free of Mining [San Martín]”

2006-2017 Constitutional Challenges to Honduran Mining Laws

In 2006, a constitutional challenge was brought on behalf of 20 Honduran citizens, including representatives of the Honduran Association of Environmental and Agro-Forest Journalists (AHPAAF) and the Committee for the Defense and Development of the Gulf of Fonseca Plant and Wildlife, against the 1998 Mining Law. The Court found that 13 of the legislation’s provisionsContinue reading “2006-2017 Constitutional Challenges to Honduran Mining Laws”

2006-2009 Draft Mining Law proposed by civil society organizations

In 2006, the Civic Alliance for Democracy (ACD), a network of 35 social organizations in Honduras working to defend the interests of communities against mining companies, submitted a proposal for a new mining law that, among other things, ended the use of cyanide and other toxic substances, prohibited open pit mining, required community consultations/referendum priorContinue reading “2006-2009 Draft Mining Law proposed by civil society organizations”

1998-2013 Honduran Mining Laws

In 1998, the Honduran Government passed the General Mining Law (“1998 Mining Law”). The law was passed in the aftermath of Hurricane Mitch – a natural disaster that caused significant damage throughout the country – and enabled a new regulatory regime for mining in Honduras. Some critics point out that the legislative drafting and enactmentContinue reading “1998-2013 Honduran Mining Laws”

2014 Permanent Peoples’ Tribunal hearing on Canadian mining in Latin America

In December 2014, the Permanent Peoples’ Tribunal released its verdict on hearings held over four days in May/June 2014 into Canadian mining in Latin America. With respect to the Escobal mine, the Tribunal found that Tahoe Resources Inc. and its subsidiary, Minera San Rafael, violated the rights of communities affected by the mine in SantaContinue reading “2014 Permanent Peoples’ Tribunal hearing on Canadian mining in Latin America”