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 establishContinue reading “1997-2015 Guatemalan Mining Laws and Amendments [Marlin]”
Subsoil Natural Resource Archives
2005-2008 Constitutional Challenges to Community Consultation Processes brought by Montana Exploradora
In June 2005, Montana Exploradora de Guatemala, S.A., a wholly owned subsidiary of Goldcorp Inc., sought an injunction (amparo) against the Municipality of Sipacapa in the Department of San Marcos challenging the constitutionality of three municipal agreements in which the municipality agreed to consult, in good faith and in accordance with the customs and traditionsContinue reading “2005-2008 Constitutional Challenges to Community Consultation Processes brought by Montana Exploradora”
2010 Ethics Tribunal on Border Mining [Cerro Blanco]
In November 2010, the first annual Ethics Tribunal was convened on the topic of Border Mining in Latin America. The Tribunal was held in Santiago, Chile, with a panel of judges drawn from leading individuals in the areas of human rights, trade unions, pastoral work, environmental defense, and indigenous rights. Organizers, including the Latin AmericanContinue reading “2010 Ethics Tribunal on Border Mining [Cerro Blanco]”
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).Continue reading “2012 IACHR hearing on the Human Rights of People Affected by Metallic Mining in El Salvador”
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”
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]”
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]”
