The current legislative framework for mining operations in El Salvador, including those owned by transnational corporations, began with the enactment of the Mining Law in 1996, four years after the end of a 12-year civil war (OCMAL et al., n.d.). In 2001, this law was amended to, among other things, reduce the level of royalty ratesContinue reading “1996-2017 Salvadoran General Mining Laws and Amendments”
Subsoil Natural Resource Archives
2006 De facto Moratorium on Mining imposed by successive Salvadoran governments
In 2006, the Salvadoran government, led by the traditionally business-friendly party, Nationalist Republican Alliance (ARENA) imposed a “de facto” moratorium on all mineral-related concessions in El Salvador. While not expressed in any formal document or policy, the moratorium was implicit in the fact that the government never granted Pacific Rim Mining Corporation an exploitation concessionContinue reading “2006 De facto Moratorium on Mining imposed by successive Salvadoran governments”
2009-2016 Pacific Rim International Investment Arbitration against El Salvador
In April 2009, Pacific Rim Mining Corporation (“Pacific Rim Corp.”), through its wholly-owned subsidiary, Pac Rim Cayman LLC (“PRC”, together referred to as “Pacific Rim”), commenced an Arbitration action under the International Centre for Settlement of Investment Disputes (ICSID) Convention seeking damages of more than US$314 million from El Salvador for unlawfully terminating its rightsContinue reading “2009-2016 Pacific Rim International Investment Arbitration against El Salvador”
2010 Inter-American Commission on Human Rights hearing on the Situation of Environmentalists in Mesoamerica
In October 2010, the International Commission on Human Rights (IACHR) held a hearing, entitled the “Situation of Environmentalists in Mesoamerica”, as part of its 140th Regular Period of Sessions. From El Salvador, the participants included the National Roundtable Against Metallic Mining in El Salvador (Mesa Nacional) and the Commitee in Solidarity with the People ofContinue reading “2010 Inter-American Commission on Human Rights hearing on the Situation of Environmentalists in Mesoamerica”
2006- Popular Law Drafting and Legislative Activities on the Right to Water
In El Salvador, the right to water and legislative initiatives protecting that right are closely linked to the socio-environmental and political struggle around metallic mining. For instance, in 2006 (the same year that a popular draft law to ban metallic mining was first proposed), a General Water Law was drafted by a group of aboutContinue reading “2006- Popular Law Drafting and Legislative Activities on the Right to Water”
2006-2017 The Mesa Nacional drafts and proposes Legislative Bans on Metallic Mining
The National Roundtable against Metallic Mining in El Salvador (Mesa Nacional) has been the driving force behind popular law-drafting efforts around the issue of metallic mining and its relation to human and environmental rights. The Mesa Nacional is an umbrella organization that began in 2005 in an effort to bring together social, environmental, and religious organizationsContinue reading “2006-2017 The Mesa Nacional drafts and proposes Legislative Bans on Metallic Mining”
2014-2017 Five municipalities declare themselves “Mining-Free Territories” through popular consultation procedures
Articles 115 and 116 of El Salvador’s Municipal Code require municipal governments to promote citizen participation through various mechanisms, including popular consultations (consulta popular). According to art. 117, a popular consultation must be held where “40% of eligible voters request in writing” that one be called (See also Stopesmining.org, 2014). Moreover, the municipal council cannotContinue reading “2014-2017 Five municipalities declare themselves “Mining-Free Territories” through popular consultation procedures”
2010-2015 ILO Criticizes Guatemala on Mining and Indigenous Communities [Marlin]
In 2010, the International Labour Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations (CEACR) released a report criticizing Guatemala for, despite earlier comments made in 2005, 2006, and 2007, continuing to issue mining licences without consultation with indigenous communities and for failing to compensate indigenous communities for damages sustained or “makeContinue reading “2010-2015 ILO Criticizes Guatemala on Mining and Indigenous Communities [Marlin]”
2005- Community Consultation Processes [Marlin]
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 hydroelectricContinue reading “2005- Community Consultation Processes [Marlin]”
2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities
In December 2007, 13 communities of the Sipakapense Mayan people from Sipacapa, San Marcos filed a petition with the Inter-American Commission on Human Rights (IACHR) against Guatemala regarding the authorization of the Marlin Mine. These communities were later joined by the municipal mayors of Sipacapa and San Miguel Ixtahuacán as representatives of Sipakapense Mayan andContinue reading “2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities”
