According to an interview conducted with a representative of the Humboldt Centre as part of The Legal Cultures of the Subsoil project, in 2015 the Centre began to develop a new proposed mining law that aimed at establishing an effective mechanism for regulating, controlling, and monitoring mining operations, including the taxation and royalty rules, theContinue reading “2015- Citizen Development of Mining Legislation Draft”
Subsoil Violated Right Archives
2011 Country visit by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People
In June 2010, the United Nations Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, James Anaya, visited Guatemala at the invitation of the government after the Special Rapporteur delivered a series of allegations of human rights violations relating to the Marlin Mine. During the visit, the Special Rapporteur metContinue reading “2011 Country visit by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People”
2012 Peoples’ International Health Tribunal Hearing on Goldcorp’s Mining Operations in Central America [Guatemala/Marlin]
In July 2012 the Peoples’ International Health Tribunal held a hearing regarding three of Goldcorp’s mining operations in Latin America, including the Marlin mine project in San Miguel Ixtahuacán and Sipacapa, San Marcos, Guatemala. Testimony was heard from health, environmental, and human rights experts, and members of communities directly affected by the mining operations. The Tribunal “delivered a guiltyContinue reading “2012 Peoples’ International Health Tribunal Hearing on Goldcorp’s Mining Operations in Central America [Guatemala/Marlin]”
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”
2017 Complaint to the International Commission Against Impunity in Guatemala (CICIG)
In February 2017, communities impacted by the extraction of gold and other minerals in the municipalities of San Miguel Ixtahuacán and Sipacapa filed a complaint with the International Commission against Impunity in Guatemala (CICIG) in relation to a network of corruption and cooptation that functioned for the approval of extractive mining licences for Montana ExploradoraContinue reading “2017 Complaint to the International Commission Against Impunity in Guatemala (CICIG)”
2014-2017 Criminal Complaints against the Mayor of San Miguel Ixtahuacán
In January 2014, the Front in Defense of San Miguel Ixtahuacán (FREDEMI) and the Pluri-Cultural Legal Association of Guatemala (PLURIJUR) filed a criminal complaint against the Mayor of San Miguel Ixtahuacán, Ovidio Joel Domingo Bámaca, for the crime of servitude committed against five local communities who were the beneficiaries of precautionary measures granted by theContinue reading “2014-2017 Criminal Complaints against the Mayor of San Miguel Ixtahuacán”
2012 Criminal Complaint against Marlin Mine filed by 100 Communities in San Marcos
In December 2012, leaders and representatives from approximately 100 communities in San Marcos filed a criminal complaint against the Marlin Mine project for unlawful appropriation of water, unlawful appropriation of property, industrial contamination, spreading of disease among plants and animals, intentionally falsifying and misrepresenting public documents (falsedad material y falsedad ideológica), and illegal exploitation ofContinue reading “2012 Criminal Complaint against Marlin Mine filed by 100 Communities in San Marcos”
2009-2011 Complaint to Canadian National Contact Point for the OECD
In December 2009, the Front in Defense of San Miguel Ixtahuacán (FREDEMI), assisted by the Centre for International Environmental Law (CIEL), filed a request for review with the Canadian National Contact Point (NCP), alleging that Goldcorp Inc. had breached the Organization for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises in its operation ofContinue reading “2009-2011 Complaint to Canadian National Contact Point for the OECD”
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”
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]”
