On 2 March 2010, several Mayan communities presented a petition for constitutional protection with the Guatemalan authorities, calling for the immediate suspension of all mining activities taking place on Mayan land, including Goldcorp’s Marlin Mine” (Intercontinental Cry, 2010). The petition followed a request by the International Labour Organization (ILO) for information regarding consultation and participation procedures surrounding mining activities,Continue reading “2010 Constitutional Petition filed by Mayan Communities to Suspend Marlin Mine”
Subsoil Violated Right Archives
2007-2008 Constitutional Challenge to Marlin exploitation licences filed by Colectivo Madreselva
In 2007, the NGO Colectivo Madreselva brought a constitutional proceeding against the Guatemalan President, the Ministry of Energy and Mines (MEM), the Ministry of the Environment and Natural Resources (MARN), and the Ministry of Public Health and Social Assistance. The Association challenged the government’s approval of mining exploitation licences for the Marlin Mine project onContinue reading “2007-2008 Constitutional Challenge to Marlin exploitation licences filed by Colectivo Madreselva”
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”
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”
2005 Complaint to CAO against the Marlin Mine Project by Sipacapa residents
In March 2005, residents of the municipality of Sipacapa filed a complaint with the Office of the Compliance Advisor Ombudsman (CAO), the independent complaints mechanism for the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA). The CAO reports directly to the President of the World Bank Group, and facilitates complaints relating toContinue reading “2005 Complaint to CAO against the Marlin Mine Project by Sipacapa residents”
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]”
2006-2014 Permanent Peoples’ Tribunal hearings on Canadian mining in Latin America [Guatemala/Marlin]
Between 2006 and 2010, the Permanent Peoples’ Tribunal (PPT) held three hearings as part of a session, entitled the “European Union and transnational corporations in Latin America: policies, instruments and actors complicit in the violations of peoples’ rights.” This session included testimony and evidence relating to the Marlin Mine in Guatemala. In respect to thisContinue reading “2006-2014 Permanent Peoples’ Tribunal hearings on Canadian mining in Latin America [Guatemala/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”
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]”
