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”
Subsoil Type of Legal Action Archives
2017 El Salvador passes Legislative Ban on Metallic Mining
On 29 March 2017, the Legislative Assembly approved a law prohibiting metallic mining in El Salvador. The law enjoyed cross-party support, passing with 69 out of 84 votes, well over the qualifying majority (Reuters, 2017; Montoya, 2021).The law prohibits all exploration, extraction and processing of metals, whether in open pits or underground, and officially enteredContinue reading “2017 El Salvador passes Legislative Ban on Metallic Mining”
1996-2017 Salvadoran General Mining Laws and Amendments
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”
1997-2017 Nicaraguan Mining and related Laws
In 2001, a new law regulating mining was approved by the National Assambly, the Special Law on Mining Exploration and Exploitation (No. 387) and regulations thereunder (Decree No. 119-2001). In subsequent years, further laws have been passed regulating discharge waste water (Regulation establishing Rules for the Discharge of Waste Water – Decree No. 21-2017), andContinue reading “1997-2017 Nicaraguan Mining and related Laws”
2004-2005 Human Rights Ombudsperson’s Office carries out investigation into Marlin mine
In January 2004, the Collective of Social Organizations of San Marcos (COSAM) made a request to governmental authorities to cancel the exploitation licences granted to Montana Exploradora de Guatemala, S.A., the wholly owned subsidiary of Goldcorp Inc., owner of the Marlin Mine project. They argued that not stopping the mining licences would result in negativeContinue reading “2004-2005 Human Rights Ombudsperson’s Office carries out investigation into Marlin mine”
1997-2015 Guatemalan Mining Laws and Amendments [Marlin]
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]”
2013- Proposed National Consultation Law
In May 2018, the Honduran government presented a final version of its proposed national consultation law to the National Congress. This proposed law is intended to “codify Honduras’ international legal obligations to respect indigenous peoples’ rights to free, prior, and informed consent (“FPIC”)”, including the rights guaranteed under the International Labour Organization Convention concerning IndigenousContinue reading “2013- Proposed National Consultation Law”
1998-2013 Honduran Mining Laws
In 1998, the Honduran Government passed the General Mining Law (“1998 Mining Law”). The law was passed in the aftermath of Hurricane Mitch – a natural disaster that caused significant damage throughout the country – and enabled a new regulatory regime for mining in Honduras. Some critics point out that the legislative drafting and enactmentContinue reading “1998-2013 Honduran Mining Laws”
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]”
1997-2015 Guatemalan Mining Laws and Amendments [Cerro Blanco]
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 [Cerro Blanco]”
