In 2010, Me’phaa and Na Savi indigenous communities in La Montaña and Costa Chica regions of Guerrero began to observe outsiders entering and surveying their lands and to hear of reports of concessions being granted by the authorities to international companies for mining exploration and exploitation on their territories. San Miguel del Progreso, in theContinue reading “2011- Indigenous communities reject mining in their territories”
Subsoil Violated Right Archives
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”
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”
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””
2009-2016 Pacific Rim International Investment Arbitration against El Salvador
In April 2009, Pacific Rim Mining Corporation (“Pacific Rim Corp.”), through its wholly-owned subsidiary, Pac Rim Cayman LLC (“PRC”, together referred to as “Pacific Rim”), commenced an Arbitration action under the International Centre for Settlement of Investment Disputes (ICSID) Convention seeking damages of more than US$314 million from El Salvador for unlawfully terminating its rightsContinue reading “2009-2016 Pacific Rim International Investment Arbitration against El Salvador”
2014-2017 Five municipalities declare themselves “Mining-Free Territories” through popular consultation procedures
Articles 115 and 116 of El Salvador’s Municipal Code require municipal governments to promote citizen participation through various mechanisms, including popular consultations (consulta popular). According to art. 117, a popular consultation must be held where “40% of eligible voters request in writing” that one be called (See also Stopesmining.org, 2014). Moreover, the municipal council cannotContinue reading “2014-2017 Five municipalities declare themselves “Mining-Free Territories” through popular consultation procedures”
2012 Administrative Complaint by Artisanal Miners against B2Gold
According to an interview conducted with a representative of the Humboldt Centre as part of The Legal Cultures of the Subsoil project, in October 2012, two groups of small-scale artisanal miners, El Cafetal (The Coffee Plantation) and Sector La Cuatro (Sector Four), filed a complaint with the Ministry of Environment and Natural Resources (MARENA), withContinue reading “2012 Administrative Complaint by Artisanal Miners against B2Gold”
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]”
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]”
