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]”
Subsoil Violated Right Archives
2018 UN Special Rapporteur on the situation of human rights defenders visit to Honduras
In April and May 2018, the UN Special Rapporteur on the situation of human rights defenders carried out a fact-finding country visit to Honduras. His preliminary report issued at the end of the visit, highlighted the threats faced by human rights activists, particularly environmental defenders, arising from their legitimate social demands. The rapporteur also identifiedContinue reading “2018 UN Special Rapporteur on the situation of human rights defenders visit to Honduras”
2012 IACHR hearing on the Human Rights of People Affected by Metallic Mining in El Salvador
On 4 November 2012, the Inter-American Commission on Human Rights (IACHR) held a hearing on the Human Rights of People Affected by Metallic Mining in El Salvador. The hearing was part of the Commission’s 146th Regular Period of Sessions, and held at the request of El Salvador’s Ombudsperson for the Defence of Human Rights (PDDH).Continue reading “2012 IACHR hearing on the Human Rights of People Affected by Metallic Mining in El Salvador”
2010 Ethics Tribunal on Border Mining [Cerro Blanco]
In November 2010, the first annual Ethics Tribunal was convened on the topic of Border Mining in Latin America. The Tribunal was held in Santiago, Chile, with a panel of judges drawn from leading individuals in the areas of human rights, trade unions, pastoral work, environmental defense, and indigenous rights. Organizers, including the Latin AmericanContinue reading “2010 Ethics Tribunal on Border Mining [Cerro Blanco]”
2013 Injunction filed against granting of Escobal exploitation licence
In April 2013, the Ministry of Energy and Mines (MEM) granted Tahoe Resources, through its wholly-owned subsidiary, Minera San Rafael, mining licences in relation to the Escobal mining project. Members of the Xinka indigenous community, as well as other affected residents, had opposed the company’s application for mining licences since November 2010. In 2012 and 2013, moreContinue reading “2013 Injunction filed against granting of Escobal exploitation licence”
2017- Judicial Suspension of Tahoe’s Mining Licences
On 5 July 2017, Guatemala’s Supreme Court of Justice temporarily suspended two of Tahoe Resources Inc.’s mining licences pending resolution of a constitutional challenge (amparo) filed against the Ministry of Energy and Mines for discrimination and lack of consultation with indigenous Xinka communities prior to issuing the mining licences for the El Escobal mining projectContinue reading “2017- Judicial Suspension of Tahoe’s Mining Licences”
2013- Criminal prosecution of Former Head of Security and other security guards at Escobal mine and compensation claim against Tahoe Resources
In May 2013, the former head of security for Escobal mine, Alberto Rotondo, was placed under house arrest in connection with criminal charges linking him to “an April [2013] shooting that left six injured outside Tahoe Resources’ mine in southeastern Guatemala (MiningWatch Canada, 2017). The charges included assault, aggravated assault, and obstruction justice. No chargesContinue reading “2013- Criminal prosecution of Former Head of Security and other security guards at Escobal mine and compensation claim against Tahoe Resources”
2014-2019 Canadian Lawsuit against Tahoe Resources
In June 2014, seven plaintiffs commenced a civil lawsuit in British Columbia, Canada against Tahoe Resources Inc. for injuries arising from the alleged conduct of private security personnel employed at Escobal mine. In particular, on 27 April 2013, a protest was held outside the gates of Escobal. The plaintiffs “allege[d] that security guards opened theContinue reading “2014-2019 Canadian Lawsuit against Tahoe Resources”
2013-2019 Complaints to Canadian Securities Regulators
In May 2013, the Justice and Corporate Accountability Project (JCAP) filed a complaint against Tahoe Resources Inc. at the Ontario Securities Commission (OSC), requesting that the OSC investigate whether Tahoe had complied with its obligations under the Ontario Securities Act to disclose all material changes “forthwith”, including information relating to opposition and social conflict surrounding the EscobalContinue reading “2013-2019 Complaints to Canadian Securities Regulators”
2010 ILO Criticizes Guatemala on Mining and Indigenous Communities [Escobal]
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 ILO Criticizes Guatemala on Mining and Indigenous Communities [Escobal]”
