In June 2012, Minera San Rafael, S.A., a wholly-owned subsidiary of Tahoe Resources Inc., commenced a lawsuit in the Constitutional Court of Guatemala alleging that “community protests had ‘impeded its work,’ including the construction of an electrical transmission line through a road allowance in the neighbouring municipality of Mataquescuintla. The lawsuit named the President ofContinue reading “2012-2013 Tahoe Lawsuit against Guatemalan Government”
Subsoil Municipality Archives
2014-2019 Canadian Lawsuit against Tahoe Resources
In June 2014, seven plaintiffs commenced a civil lawsuit in British Columbia, Canada against Tahoe Resources Inc. for injuries arising from the alleged conduct of private security personnel employed at Escobal mine. In particular, on 27 April 2013, a protest was held outside the gates of Escobal. The plaintiffs “allege[d] that security guards opened theContinue reading “2014-2019 Canadian Lawsuit against Tahoe Resources”
2016 Complaint to U.S. Securities Regulators
In August 2016, the Justice and Corporate Accountability Project (JCAP) filed a complaint against Tahoe Resources Inc. at the U.S. Securities Exchange Commission (SEC), requesting (among other things) that the SEC investigate whether Tahoe “failed to meet legal requirements for disclosing human rights abuses and failed to disclose lawsuits that impact the Escobal mine” (NISGUA,Continue reading “2016 Complaint to U.S. Securities Regulators”
2013-2019 Complaints to Canadian Securities Regulators
In May 2013, the Justice and Corporate Accountability Project (JCAP) filed a complaint against Tahoe Resources Inc. at the Ontario Securities Commission (OSC), requesting that the OSC investigate whether Tahoe had complied with its obligations under the Ontario Securities Act to disclose all material changes “forthwith”, including information relating to opposition and social conflict surrounding the EscobalContinue reading “2013-2019 Complaints to Canadian Securities Regulators”
2005- Community Consultations Processes [Escobal]
Between 2005 and 2016, approximately 80 community consultations (consultas comunitarias), also known as popular consultations (consultas populares or consultas), were held across Guatemala, resulting in a large majority of citizens voting against mining and other commercial activities in their territories (Ardon, 2016). The “consulta movement” in Guatemala began in 2005 in response to a hydroelectric project in RíoContinue reading “2005- Community Consultations Processes [Escobal]”
2008-2013 Moratoriums on Metallic Mining [Escobal]
In 2008, the Government of Guatemala, then led by President Álvaro Colom Caballeros of the National Unity of Hope (UNE) party, instituted a moratorium on issuing new mining licences. This moratorium was triggered by a successful constitutional challenge in 2008 of the country’s General Mining Law, which was raised in the context of opposition toContinue reading “2008-2013 Moratoriums on Metallic Mining [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]”
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]”
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]”
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]”
