Operations effectively halted in July 2008. In April 2017, following the enactment of the Law on the Prohibition of Metallic Mining, OceanaGold (through its subsidiary, Minerales Torogoz) announced that it would exit the country. The OceanaGold website states that project closure procedures were completed on 15 September 2017 and the company withdrew from El Salvador inContinue reading “El Dorado”
Subsoil Natural Resource Archives
Escobal
Operations suspended pending completion of consultations with affected Xinka indigenous communities, as per Constitutional Court decision released in September 2018.
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”
2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]
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 “2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]”
2017- Judicial Suspension of Tahoe’s Mining Licences
On 5 July 2017, Guatemala’s Supreme Court of Justice temporarily suspended two of Tahoe Resources Inc.’s mining licences pending resolution of a constitutional challenge (amparo) filed against the Ministry of Energy and Mines for discrimination and lack of consultation with indigenous Xinka communities prior to issuing the mining licences for the El Escobal mining projectContinue reading “2017- Judicial Suspension of Tahoe’s Mining Licences”
2013 Injunction filed against granting of Escobal exploitation licence
In April 2013, the Ministry of Energy and Mines (MEM) granted Tahoe Resources, through its wholly-owned subsidiary, Minera San Rafael, mining licences in relation to the Escobal mining project. Members of the Xinka indigenous community, as well as other affected residents, had opposed the company’s application for mining licences since November 2010. In 2012 and 2013, moreContinue reading “2013 Injunction filed against granting of Escobal exploitation licence”
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]”
