Operations suspended pending completion of consultations with affected Xinka indigenous communities, as per Constitutional Court decision released in September 2018.
Subsoil Municipality Archives
2011– Criminalization of community leaders opposed to Escobal mine
In 2011, as opposition to the Escobal mine began to develop in local communities, there were peaceful protests against mining-related construction work. This resulted in a series of unsubstantiated charges being levelled against opposition leaders, including members of the newly formed, Committee in Defence of Life and Peace of San Rafael Las Flores, as wellContinue reading “2011– Criminalization of community leaders opposed to Escobal mine”
2010– Petition filed to oppose approval of Environmental Impact Assessment
In December 2010, the Committee in Defence of Life and Peace of San Rafael Las Flores and Colectivo Madreselva presented a petition of opposition to the Ministry of Environment and Natural Resources (MARN) to oppose the approval of the Environmental Impact Assessment (EIA) submitted by Tahoe and Minera San Rafael to obtain an exploitation licenceContinue reading “2010– Petition filed to oppose approval of Environmental Impact Assessment”
2019- IACHR issues precautionary measures on behalf of Xinka Parliament lawyer
In July 2019, the Inter-American Commission on Human Rights (IACHR) issued precautionary measures on behalf of a prominent indigenous lawyer working with the Xinka Parliament. The lawyer had received a series of anonymous death threats, particularly after the public complaint by the Xinka Parliament against the Ministry of Energy and Mines (MEM) and the MinistryContinue reading “2019- IACHR issues precautionary measures on behalf of Xinka Parliament lawyer”
2021 Civil action by local families against Escobal mining licence
On 15 July 2021, the families that co-own the small landholding known as “El Salitre” in the community of Aldea los Planes, in the municipality of San Rafael las Flores, filed three administrative legal actions opposing the Escobal mine exploitation licence. The families were calling for the licence to be rescinded by the Ministry ofContinue reading “2021 Civil action by local families against Escobal mining licence”
2020- Guatemalan Government and the Xinka Parliament initiate pre-consultation over Escobal
In February 2020, the Xinka Parliament and the Guatemalan Ministry of Energy and Mines restarted dialogue on the conditions necessary to fufill the Constitutional Court ruling on the requirement to conduct a consultation process with the Xinka people affected by the Escobal mine (see Legal Action entitled, “2017- Judicial Suspension of Tahoe’s Mining Licences“). In October, afterContinue reading “2020- Guatemalan Government and the Xinka Parliament initiate pre-consultation over Escobal”
1997-2015 Guatemalan Mining Laws and Amendments [Escobal]
The mining industry in Guatemala is governed by, among other things, the General Mining Law. This law was initially passed in 1997, following a peace process that ended the 1960-1996 internal conflict. It was criticized by some Guatemalan civil society and legal groups for creating a low royalty rate of 1% and failing to establish aContinue reading “1997-2015 Guatemalan Mining Laws and Amendments [Escobal]”
2008-2018 Constitutional Challenges against Guatemalan Mining Laws [Escobal]
On 19 June 2008, the Constitutional Court of Guatemala declared seven provisions of the 1997 Mining Law unconstitutional based on a failure to comply with Guatemala’s environmental laws. In particular, the court agreed with the Centre for Environmental and Socio-Legal Action (CALAS) that the following aspects of the Mining Law breached the state’s obligation toContinue reading “2008-2018 Constitutional Challenges against Guatemalan Mining Laws [Escobal]”
2011-2018 Constitutional Challenge of Draft Regulation on Indigenous Consultation Processes [Escobal]
On 23 March 2011, Guatemala’s Western Peoples’ Council of Mayan Organizations (CPO) brought an action before the Constitutional Court challenging the constitutionality of a draft regulation, entitled “Regulations regarding the Consultation Process under the International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries”, which included a 30-day notice period fromContinue reading “2011-2018 Constitutional Challenge of Draft Regulation on Indigenous Consultation Processes [Escobal]”
2013 IACHR Petition filed by Council of Mayan and Xinka Peoples [Escobal]
In September 2013, the Council of Mayan and Xinka Peoples filed a petition against Guatemala before the Inter-American Commission on Human Rights (IACHR) for systemic violation of the collective rights of indigenous peoples in Guatemala. This petition was filed in response to the Constitutional Court’s 2013 decision, dismissing an action brought by Guatemala’s Western Peoples’Continue reading “2013 IACHR Petition filed by Council of Mayan and Xinka Peoples [Escobal]”
