Guatemala Human Rights Commission/USA
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Mining and Land Rights: 2010
December 2, 2010: Choc. Vs. Hudson Bay- Wrongful death lawsuit against Canadian mining company. Angelica Choc has filed a law suit against the Canadian mining company Hudson Bay in regard to her husband’s murder. “On September 27, 2009, Adolfo Ich, a respected Mayan Q'eqchi' community leader and an outspoken critic of harms and rights violations caused by mining activities in his community, was hacked and shot to death by security forces employed at HudBay Minerals' Fenix Mining Project in an unprovoked attack near the town of El Estor, Guatemala.” Choc brought the lawsuit to Canadian courts and hopes to obtain justice that would likely be denied in Guatemala because of the high rates of impunity. Read More (Rights Action)
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October 13, 2010: 15,000 campesions march for "Hispanity Day" (Dia de la Hispanidad) demanding land rights. Citizens critizized Colom's social policies and also pressed for passage of the urgently needed Rural Development Law. The marchers condemned mining, specifically Gold Corp and Cementos Progreso. [Prensa Libre]
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October 12, 2010: Community referendum regarding hydroelectric construction and mining set for October 22 in Santa Cruz del Q'uiché. The leaders of the the K'iche Communities' Council expect that over 40,000 citizens from 87 different communities will attend. There have already been meetings where participants have spoken out against natural resource exploitation in Ixcan and Cunen. [Prensa Libre]
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October 5, 2010: Minister presents legal action against Montana. Luis Ferrate, Minister of the Environment, presented a criminal suit in the Public Prosecutor's Office against the company Montana Exploradora, Inc., subsidiary of Canadian company Goldcorp, so that the government investigates the flow of residual waste water from the Marlin Mine in San Marcos. The waste water has been shown to carry pollutants such as heavy metals that may be flowing into the Quivichil River, which empties into Mexico. [Prensa Libre]
See also: Alertan a México por supuesta contaminación de mina Marlin
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September 28, 2010: Mayors travel to the U.S. in search of funding for controversial project. A delegation of mayors from 42 municipalities [in Guatemala] travelled to Washington to present the Technology Corridor Mega-project before business men and members of the Senate of the United States, looking for financial support for the project.
The mayors form part of the associations of the South and Northeast portions of the country, where the 308 kilometers long and 140 kilometers wide project will pass, consisting of a railway, a four-lane freeway, and a gas pipeline that would connect two ports to be built in Puerto Barrios, Izabal and Moyuta, Jutiapa, with the ability to unload cargo ships of up to 1,500 containers.
The megaproject, promoted by the organization Power for Everyone (PPT) and the associations of the Pacific, the South Cone, Lake Güija , Southeast, Northeast, Giant Mountain, Copán-Chortí, and the Atlantic, will have a cost of US$12 billion with an estimated completion date of 2015. The municipalities possess 32 percent of the shares of the project and are looking for foreign investors. [El Periodico ]
Human rights organizations expressed their concern about the project, citing increasing unrest in the region and a lack of consultation with local communities. The group estimates that over 200 communitites will be harmed by the technology corridor.
July 29, 2010: Those affected by the Chixoy Dam demand compensation. Hundreds affected by the Chixoy hydroelectric dam, constructed in the 1980's, began a sit-in in front of the President's house, demanding reparations for damages. According to community leader Juan de Dios Garcia, 11 thousands have been affected and about 7,770 acres were flooded without permission from residents. The president finally came out to address the crowd and promised to sign the reparations package on Monday (Aug 2). [Prensa Libre]
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July 25, 2010: Guatemala renews Perenco's contract for the Xan oil field. President Alvaro Colom announced the renewal of a concession for oil drilling inside a national park despite German lawmakers’ attempts to prevent further crude production in that environmentally sensitive area. During a ceremony Friday in the town of Santa Elena, in the northern province of Peten, Colom said the contract with France’s Perenco has been renewed for another 15 years. [energy-pedia]
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July 13, 2010: GHRC and partners send letter to President Colom requesting him to carry out the agreed-upon reparations for the communities affected by the Chixoy Dam in Baja Verapaz.
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June 25, 2010: The government of Guatemala complied with the Inter-American Commission on Human Rights (IACHR) to close the Canadian mine. The Guatemalan government said today that it will suspend the activities of the mine in San Marcos, in accordance with a resolution by the Inter-American Commission on Human Rights.
In a news conference, President Alvaro Colom, who was not taking questions on the issue, delivered a document with the government’s response to the IACHR’s resolution that recommended they close the mine because it appears to cause harm to people’s health and the environment in Sipacapa and San Miguel Ixtahuacan .
The Marlin Mine, owned by the transnational Canadian company, GoldCorp, extracts gold and silver in San Marcos, which is along the Mexico-Guatemala border.
The government “ratified its commitment to guard the health of the population,” and protect the environment, “by reducing the levels of contamination, as well as its decision to promote environmentally and socially responsible investments.”
They decided “to observe the resolution, in order to comply with their international commitments in the area of human rights.”
They also pointed to a study done by the Ministry of Health, the Environment, and Natural Resources, which found that the water was safe to drink and that they did not detect any ties between the mine’s contamination and diseases.
The government also “promised its support for when the IACHR visits in July to conduct an evaluation of the impact of the Marlin mine’s operations.” [SDP]
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June 22, 2010: Rapporteur asks the Guatemalan government to comply with measures laid out by the IACHR. James Anaya, UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, stated that the Guatemalan government should follow the precautionary measures imposed by the Inter-American Commission on Human Rights (IACHR) in the case of the Marlin Mine in San Marcos, Guatemala.
Anaya was in Guatemala as part of a five day visit to evaluate how the Guatemalan government has complied with international law in relation to consulting to indigenous communities on the extraction of natural resources, especially in relation to the Marlin Mine.
Anaya stated that, “there is a significant risk to the health and physical well being of people because of the mine, the Ministry of Energy and Mines should proceed with the suspension of the mine’s activities, until they can remedy the negative impact”.
He also asserted that the Guatemalan government needs to comply as part of its duty and good faith within the international community. The government also needs to consult with the indigenous communities whenever they believe that the communities will be affected.
For Anaya, it is important that the government also advances the consultation law; which is supported by the Congressional Committee on Indigenous Communities and includes the Law on Mining that guarantees indigenous communities are included in the decision-making process. [Prensa Libre]
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June 11, 2010: Inter-American Commission grants extension for decision on protective measure for communities around Marlin. Colom has an extra 15 days (June 25) to make his decision to follow Inter-American Commission recomendations to halt GoldCorps' mining operation operations in San Marcos. [Siglo XXI] See also: [Prensa Libre]
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June 3, 2010: Ecologists Criticize Colom's Backing of the Mine. President Álvaro Colom signaled yesterday that the State will not order the suspension of Marlin mine’s activities, and affirmed: “At this moment, there is no basis for that,” an opinion that caused a negative response by the ecological groups.
The declaration by the government surprised and annoyed environmental groups who demand that they carry out what the Inter-American Commission of Human Rights (IACHR) required it do and close the mine for human rights violations.
Colom showed himself to be in favor of Marlin. He responded to report about the mine-which extracts gold and silver in San Miguel Ixtahuacán and Sipacapa, San Marcos-by saying: “I do not believe the suspension of the mine is feasible.”
On the 21 May 2010, the IACHR gave the Guatemalan government 20 days to stop mining activities and implement actions to prevent environmental contamination in the area until a final decision is made. The IACHR also requested that protective measures be taken to protect the people who live close to the area of extraction.
Yuli Melini (Environmental Legal Action Center) said the decision is irresponsible, and by failing to comply with the decision of an international human rights organ, he is making a bad impression on the country. Two others, Roberto Cáceres (Association of Environmental NGOs) and Vincio López (Commision of Peace and Ecology) agreed by pointing out that it was the request of an international organization.
Magaly Rey Rosa (School of Ecological Thought, SAVIA) said that the government is responsible for the human rights violations against the indigenous by Marlin. She added that Colom’s opinion of shows his is not a true social democratic because he does not look out for the interests of the people. [Prensa Libre]
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June 1, 2010: Government will respond this week to the IACHR. This week, the Guatemalan government will send its response to the Inter-American Commission on Human Rights (IACHR) concerning the recommendation to suspend all activities of the Marlin Mine in San Marcos.
Vice-President Rafael Espada gave his assurance that the Marlin Mine does not violate human rights.
On May 20th, the IACHR issued precautionary measures in favor of the members of 18 indigenous communities; one measure is the suspension of mining activity. The Commission says the mine should not re-open until the government has implemented effective measures to prevent environmental contamination. [Prensa Libre]
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May 22, 2010: IACHR orders the State to suspend activities in the Marlin Mine, San Marcos. The Inter-American Commission on Human Rights (IACHR) gave the State of Guatemala 20 days to suspend the activities of the Marlin mine, which extracts gold and silver in the community of San Miguel Ixtahuacán and Sipacapa, San Marcos.
The IACHR issued precautionary measures last Thursday in order to guarantee the lives and safety of the inhabitants of these municipalities, the majority of the ethnic groups Sipakapense and Mam. These measures include the suspension of activities at the mine and the implementation of actions to prevent environmental pollution until a final decision is made.
The Commission requested the government take measures to decontaminate water sources of the 18 communities affected by the mine, and ensure access for human consumption, address health problems caused by pollution, and provide appropriate medical care. Maria Isabel Rivero, director of communications for the IACHR, told the state that the mine has brought "an impending and irreversible risk." Rivero noted that these measures "are binding” and therefore enforceable by the Guatemalan state, although there are no penalties if they are complied with.
The IACHR also asked the State to submit a report on the alleged acts of persecution and harassment by the authorities at the request of the firm to persons who oppose the mine. "They requested information on damage to homes by the use of explosives, and the issue of and carrying out of arrest warrants for leaders of communities opposed to the mine.”
The magazine Physicians for Human Rights presented a study on pollution of the water and people, caused by the activities of the mine. José Cruz, of the Honeysuckle Collective (Colectivo Madreselva), said this shows that turning to international bodies "is the only option left to communities, in the face of the Guatemalan State’s violation of their own laws."
Colom showed willing to comply with the recommendation to suspend mining activity, after seeing the scientific evidence of the study, saying "contamination should not be permitted." [Prensa Libre]
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May 6, 2010: Leaders Reject Mining. Yesterday Delegates from five municipalities of Quiché urged the executive and legislative branches to annul the mining, petroleum and hydroelectric permits, given that these natural resources are exploited without consent of the communities and without receiving any benefit in exchange.
The Delegates met with Congressmen Héctor Nuila and Walter Feliz as well as the Vice Ministers of Energy and Mines and Environment, Alfredo Pokus and Luis Zurita. Nuila and Zurita expressed that the demands where just inasmuch as the communities remain in poverty while the transnationals benefit from the extraction of natural resources. Pokus on the other hand, stated that the intention is for communities to benefit from these new hydroelectric projects with inexpensive energy.
The leaders also proposed a new mining law drafted with the considerations of the communities and urged not to criminalize those who demand the respect of environmental rights as well as the right to life. [Prensa Libre]
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April 6, 2010: 80 organizations request suspension of mining activities in the country. This Tuesday, over 80 organizations from 17 countries urged President Colom to suspend mining activities in the country, claiming that Guatemalans, particularly indigenous communities, were not consulted and informed about future damages that would result from the mines.
Some of most controversial projects have been the gold mines operated by the Canadian company Gold Corp. A month ago, Guatemalan and Salvadorian social organizations forewarned possible conflict due to the start of gold and silver mining on the Salvadorian border by the Entre Mares mining company, subsidiary of Gold Corp. Their primary concern is that the mining project will affect Lake Güija that feeds the Lempa River, the most important water source for El Salvador.Mario Nij, an indigenous man that opposes another controversial project - the construction of a cement plant in San Juan Sacatepéquez - highlighted that the ILO has recommended that the State of Guatemala suspend mining activities. Dozens of communities has also rejected mining operations through public referendums, which are legally recognized under international law. Nij stated that 42 referendums have occurred in which 600,000 people have opposed the mines. The government has granted 416 licenses for mining of metals and construction materials.
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February 16, 2010: Anti-mine Activists Encouraged by Canadian Supreme Court Ruling. In a recent case, the Supreme Court of Canada ruled against the federal government for aiding mining companies in avoiding environmental assessments. The court ruled that the federal government could not artificially divide mining projects to avoid environmental inspections and ordered the companies to conduct thorough assessments of their environmental impacts. Companies will also be ordered to consider public input in their assessments. Activists in Guatemala see the ruling as a positive precedent for improving the mining industry not only in Guatemala, but around the world. They also hope that the decision will lead to improved studies and increased input from local residents affected by the mining projects. [IPSNews]
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