The increasing concern of different communities in the Montaña and Costa Chica region about mining concessions also resulted in a parallel legal process using Guerrero State’s municipal law to reject mining and prevent authorities endorsing extractive projects. In 2016, municipal level assemblies (cabildos abiertos) were promoted and supervised by CRAADET with the municipal authorities of Malinaltepec and Iliatenco.Continue reading “2016- Municipal assemblies vote against mining”
Subsoil Violated Right Archives
2005-2006 Company petition for constitutional protection against San Marcos Human Rights Ombudsperson’s resolution
In March 2005, Montana Exploradora filed for constitutional protection (amparo) against the resolution (EXP.PREVENCIÓN SM.01-2004/D.S.) of the Office of the San Marcos Human Rights Ombudsperson (PDH). The resolution had found that members of the community of San Miguel Ixtahuacán and mine workers had suffered human rights violations as a result of the Marlin project. The PDHContinue reading “2005-2006 Company petition for constitutional protection against San Marcos Human Rights Ombudsperson’s resolution”
2010– Petition filed to oppose approval of Environmental Impact Assessment
In December 2010, the Committee in Defence of Life and Peace of San Rafael Las Flores and Colectivo Madreselva presented a petition of opposition to the Ministry of Environment and Natural Resources (MARN) to oppose the approval of the Environmental Impact Assessment (EIA) submitted by Tahoe and Minera San Rafael to obtain an exploitation licenceContinue reading “2010– Petition filed to oppose approval of Environmental Impact Assessment”
2015-2019 San Miguel del Progreso files petition for constitutional protection against “Declaration of Vacant Mining Lot”
On 11 December 2015, San Miguel del Progreso, supported by the Human Rights Centre of La Montaña – Tlachinollan (CDHM Tlachinollan), filed a second petition for constitutional protection (amparo) against the “Declaration of Vacant Mining Lot 02/2015” (Declaración de Libertad de Terreno) issued by the Ministry of Economy in the Official Gazette in November 2015(forContinue reading “2015-2019 San Miguel del Progreso files petition for constitutional protection against “Declaration of Vacant Mining Lot””
2013-2016 San Miguel del Progreso files first challenge to mining concession
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”
2012-2013 Decree to establish La Montaña Biosphere Reserve, and regional mobilization of indigenous communities against the initiative
In 2012, the Mexican federal government agency, the National Commission for Protected Nature Areas (CONANP) and the Guerrero state Ministry of Environment and Natural Resources initiated the legal process to establish a Biosphere Reserve in La Montaña region of Guerrero. This involved quietly trying to convince some communities in the Alta Montaña region to acceptContinue reading “2012-2013 Decree to establish La Montaña Biosphere Reserve, and regional mobilization of indigenous communities against the initiative”
2021 UN Working Group on Arbitrary Detention issued opinion on detained CMDBCP environmental defenders
In March 2021, the United Nations Working Group on Arbitrary Detention issued Opinion 85/2020 declaring the eight Guapinol environmental defenders to be arbitrarily detained according to international human rights law which Honduras is legally bound to adhere to. The Working Group called on the Government of Honduras to remedy the situation by immediately releasing theContinue reading “2021 UN Working Group on Arbitrary Detention issued opinion on detained CMDBCP environmental defenders”
2020- Guatemalan Government and the Xinka Parliament initiate pre-consultation over Escobal
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”
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]”
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”
