On 11 September 2008, a petition for constitution protection (amparo) was filed on behalf of those suffering health consequences from the pollution allegedly caused by the San Martín mine. The petition demanded protection of the right to timely and adequate medical attention for the 64 people in the Siria Valley whose health had reportedly been damaged byContinue reading “2008 Petition for constitutional protection of the right to medical attention”
Subsoil Type of Legal Action Archives
2005-2006 Company petition for constitutional protection against San Marcos Human Rights Ombudsperson’s resolution
In March 2005, Montana Exploradora filed for constitutional protection (amparo) against the resolution (EXP.PREVENCIÓN SM.01-2004/D.S.) of the Office of the San Marcos Human Rights Ombudsperson (PDH). The resolution had found that members of the community of San Miguel Ixtahuacán and mine workers had suffered human rights violations as a result of the Marlin project. The PDHContinue reading “2005-2006 Company petition for constitutional protection against San Marcos Human Rights Ombudsperson’s resolution”
2015-2016 Constitutional challenge to Cerro Blanco exploitation licence
In November 2015, a resident of the municipality of Asunción Mita (Department of Jutiapa, Guatemala), filed a petition to the Guatemalan Supreme Court for constitutional protection (amparo) against the Minister of Energy and Mines for failure to terminate the Cerro Blanco exploitation licence in accordance with the Mining Law. The petition was supported by Colectivo MadreselvaContinue reading “2015-2016 Constitutional challenge to Cerro Blanco exploitation licence”
2013-2016 San Miguel del Progreso files first challenge to mining concession
On 15 July 2013, the communal authorities of San Miguel del Progreso filed a federal injunction for constitutional protection or judicial review (amparo). The legal action made two principle claims: the first argued that articles 10, 15 and 19 of the 1992 Mining Law violated Mexico’s Constitution and International human rights treaty obligations, such asContinue reading “2013-2016 San Miguel del Progreso files first challenge to mining concession”
2015-2019 San Miguel del Progreso files petition for constitutional protection against “Declaration of Vacant Mining Lot”
On 11 December 2015, San Miguel del Progreso, supported by the Human Rights Centre of La Montaña – Tlachinollan (CDHM Tlachinollan), filed a second petition for constitutional protection (amparo) against the “Declaration of Vacant Mining Lot 02/2015” (Declaración de Libertad de Terreno) issued by the Ministry of Economy in the Official Gazette in November 2015(forContinue reading “2015-2019 San Miguel del Progreso files petition for constitutional protection against “Declaration of Vacant Mining Lot””
2006-2017 Constitutional Challenges to Honduran Mining Law [ASP1 and ASP2]
In 2006, a constitutional challenge was brought on behalf of 20 Honduran citizens, including representatives of the Honduran Association of Environmental and Agro-Forest Journalists (AHPAAF) and the Committee for the Defense and Development of the Gulf of Fonseca Plant and Wildlife, against the 1998 Mining Law. In 2006, the Court found that 13 of theContinue reading “2006-2017 Constitutional Challenges to Honduran Mining Law [ASP1 and ASP2]”
2019 Constitutional challenge to decree modifying Montaña de Botaderos National Park
On 25 February 2019, members of Municipal Committee in Defence of Common and Public Goods (CMDBCP) and the San Alonso Rodríguez Foundation, and accompanied by the Coalition Against Impunity, filed a constitutional challenge or judicial review (recurso de inconstitucionalidad) of Decree 252-2013 which had reduced the dimensions of the Core Zones of Montaña de BotaderosContinue reading “2019 Constitutional challenge to decree modifying Montaña de Botaderos National Park”
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]”
2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]
On 23 March 2011, Guatemala’s Western Peoples’ Council of Mayan Organizations (CPO) brought a legal action (amparo) before the Constitutional Court challenging the constitutionality of a draft regulatory law. The draft bill was entitled “Regulations regarding the Consultation Process under the International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries”,Continue reading “2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]”
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”
