On 18 March 2017, the Save Santo Domingo Environmental Movement (MASSD) (in partnership with the Humboldt Centre) and Law, Environment and Natural Resources (DAR), among others, appeared before the Inter-American Commission on Human Rights (IACHR) to provide testimony for a hearing, entitled the “Right of Access to Information and Transparency in Environmental Management, Licensing, Monitoring,Continue reading “2017 IACHR Hearing on Access to Public Information relating to Extractive Projects”
Subsoil Violated Right Archives
2018 Community condemns Company-led “Consultation Processes”
On 15 January 2018, B2Gold, through its wholly-owned subsidiary, Desarrollo Minero de Nicaragua S.A. (DESMINIC S.A.), held a consultation on the environmental impacts of its planned exploration to the west of “Tajo La Antena” project, a portion of La Libertad Mine project located near the Jabalí neighbourhood in Santo Domingo’s town centre (also known as,Continue reading “2018 Community condemns Company-led “Consultation Processes””
2009 Latin American Water Tribunal holds Forum on Open Pit Mining
In 2009, the Tribunal held a forum focused on the impact of open pit mining in Guatemala, Honduras, El Salvador, Nicaragua and Peru. The panel considered, among other things, the fact that the mining projects at issue were owned by foreign transnational corporations and the lack of capacity of governments and companies to develop projectsContinue reading “2009 Latin American Water Tribunal holds Forum on Open Pit Mining”
2008-2017 Goldcorp Human Rights Impact Assessment
Following a series of allegations of human rights violations relating to the Marlin Mine, in 2008, “a group of shareholders called on Goldcorp to undertake an independent human rights impact assessment (HRIA) of the mine” (Yap and Scott, 2010). The company created a steering committee to oversee the assessment, which retained On Common Ground ConsultantsContinue reading “2008-2017 Goldcorp Human Rights Impact Assessment”
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]”
2013 Petition to IACHR filed by Council of Mayan and Xinka Peoples [Marlin]
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 2013 Constitutional Court ruling dismissing a constitutional challenge (amparo) brought by Guatemala’s Western Peoples’ CouncilContinue reading “2013 Petition to IACHR filed by Council of Mayan and Xinka Peoples [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]”
2018- Draft Bill on Indigenous Consultation Procedures and CPO Constitutional Challenge
In March 2018, the Labour Commission of the Guatemalan Congress announced that it would begin analyzing a draft bill on proposed procedures for consultation with indigenous peoples (Guatemalan Congress, 2018). The following month, the Western Peoples’ Council of Mayan Organizations (CPO) announced that it had started an action before the Constitutional Court challenging this billContinue reading “2018- Draft Bill on Indigenous Consultation Procedures and CPO Constitutional Challenge”
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]”
