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”
Subsoil Violated Right Archives
2019 IACHR issues report on the Situation of Human Rights in Honduras
IIn October 2019, the Inter-American Commission on Human Rights (IACHR) issued a country report on Honduras. The report was based on a field visit to Honduras in 2018 to gather evidence on the human rights situation. The report documents a wide range of human rights violations and failures of public institutions to comply with internationalContinue reading “2019 IACHR issues report on the Situation of Human Rights in Honduras”
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”
2016-2020 Tocoa Municipal consultative assembly to declare “Territory Free of Mining”
According to Article 25 of the Honduran Law of Municipalities, the Municipal Council is empowered “to call a plebiscite of all municipal citizens to take decisions on issues that the Council considers of great importance. The result of the plebiscite is binding and should be made public” (See Legal Action entitled “2007- Municipalities Declare TerritoriesContinue reading “2016-2020 Tocoa Municipal consultative assembly to declare “Territory Free of Mining””
2018 Criminal complaints by CMDBCP against local authorities
On 8 June 2018, during the protest outside Tocoa’s Town Hall, the Municipal Committee in Defence of Common and Public Goods (CMDBCP) filed a criminal complaint with the Public Prosecutor’s Office against the previous and present mayors of Tocoa for failing in their legal duties by unlawfully granting municipal permits to the mine resulting inContinue reading “2018 Criminal complaints by CMDBCP against local authorities”
2018-2019 Criminal complaints by CMDBCP against private company and State authorities
Since 2018 the Municipal Committee in Defence of Common and Public Goods (CMDBCP) have filed a series of criminal and administrative complaints against state institutions, such as Honduran National Institute of Geology and Mining (INGEOMIN), the Honduran Ministry of Energy, Natural Resources, Environment and Mines (MiAmbiente+) and Honduran Institute of Foresty Conservation (ICF), as wellContinue reading “2018-2019 Criminal complaints by CMDBCP against private company and State authorities”
2018 Eviction of protest encampment
On 31 July 2018, after repeated failures of local and national authorities to address their concerns regarding the ASP mining concessions, the Municipal Committee in Defence of Common and Public Goods (CMDBCP) and supporters established a protest encampment on the access road to the mine. The protest encampment in defence of water and life lastedContinue reading “2018 Eviction of protest encampment”
2018-2022 Criminalisation and detention of CMDBCP environmental rights defenders
The criminalisation and unwarranted detention of human rights defenders in Honduras has been widely documented by national and international human rights organizations (IACHR, 2019: para. 306; Statement at the end of visit to Honduras by the UN Working Group on Business and Human Rights, 2019). This includes the manipulation of the justice system to mountContinue reading “2018-2022 Criminalisation and detention of CMDBCP environmental rights defenders”
2018-2022 Legal challenges to criminalization of environmental defenders
Facing criminalization for protesting against the ASP1 and ASP2 mining project, the Municipal Committee for the Defence of Common and Public Goods (CMDBCP), partner organizations and defence lawyers have mobilized to challenge their baseless judicial persecution (See Legal Action entitled “2018-2022 Criminalization and detention of CMDBCP environmental rights defenders”). This involved the voluntary presentations ofContinue reading “2018-2022 Legal challenges to criminalization of environmental defenders”
