In El Salvador, the right to water and legislative initiatives protecting that right are closely linked to the socio-environmental and political struggle around metallic mining. For instance, in 2006 (the same year that a popular draft law to ban metallic mining was first proposed), a General Water Law was drafted by a group of aboutContinue reading “2006- Popular Law Drafting and Legislative Activities on the Right to Water”
Subsoil Violated Right Archives
2006-2017 The Mesa Nacional drafts and proposes Legislative Bans on Metallic Mining
The National Roundtable against Metallic Mining in El Salvador (Mesa Nacional) has been the driving force behind popular law-drafting efforts around the issue of metallic mining and its relation to human and environmental rights. The Mesa Nacional is an umbrella organization that began in 2005 in an effort to bring together social, environmental, and religiousContinue reading “2006-2017 The Mesa Nacional drafts and proposes Legislative Bans on Metallic Mining”
2009 Latin American Water Tribunal holds Forum on Open Pit Mining
In 2009, the Tribunal held a forum focused on the impact of open pit mining in Guatemala, Honduras, El Salvador, Nicaragua and Peru. The panel considered, among other things, the fact that the mining projects at issue were owned by foreign transnational corporations and the lack of capacity of governments and companies to develop projectsContinue reading “2009 Latin American Water Tribunal holds Forum on Open Pit Mining”
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]”
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]”
2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities
In December 2007, 13 communities of the Sipakapense Mayan people from Sipacapa, San Marcos filed a petition with the Inter-American Commission on Human Rights (IACHR) against Guatemala regarding the authorization of the Marlin Mine. These communities were later joined by the municipal mayors of Sipacapa and San Miguel Ixtahuacán as representatives of Sipakapense Mayan andContinue reading “2007- IACHR petition and precautionary measures regarding Marlin Mine authorization and Mayan communities”
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”
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”
2010 Legal Actions against Montana Exploradora regarding Water Discharge from Marlin Mine
In September 2010, the Minister of the Environment, Luis Ferraté, filed a criminal complaint with the Office of the Public Prosecutor against Montana Exploradora de Guatemala, S.A., a wholly owned subsidiary of Goldcorp Inc., to investigate the discharge of residual waters from the Marlin Mine tailing dams because they may have contaminated the Quivichil river,Continue reading “2010 Legal Actions against Montana Exploradora regarding Water Discharge from Marlin Mine”
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]”
