Guatemala: Ratification of Mine Suspension

Following the ruling of the Constitutional Court, the Ministry of Energy and Mines decided to temporarily suspend the rights of the Fenix mining company, located in El Estor, department of Izabal.

Wednesday, February 24, 2021

This case dates back years, since because of a legal appeal filed by a group of neighbors, who argued that the community consultation process for the operation of the mining project was not exhausted, in mid-July 2019 the magistrates of the Constitutional Court (CC) decided to suspend the mining right license of the Fenix mining company.

In June 2020, the Constitutional Court decided to keep the "Extraccion Minera Fenix" project suspended and ordered to carry out the community consultation process within 18 months.

After these two resolutions, the Ministry of Energy and Mines informed that it decided to temporarily suspend the exploitation license LEX-049-05 that had been approved by resolution 1,208 of April 17, 2006 for the Fenix Mining Right. The suspension became effective on February 17, 2021.

Alberto Pimentel, Minister of Energy and Mines, told Prensalibre.com that "... this decision was taken in compliance with the provisional resolution decreed by the Constitutional Court (CC) in July 2019 in which it suspended the license. The company that operates it, Compania Guatemalteca de Niquel (CGN), can make use of the legal resources it considers."

For David Orellana, CGN-PRONICO's Public Relations Manager, "... the 2019 resolution has no effect, since since January 9, 2019 the amparo was resolved in definitive in the first instance Supreme Court of Justice (CSJ) so, 'we must be guided by the resolution of the definitive amparo of first instance, until the final judgment of appeal of definitive amparo of second instance is firm'."

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More on this topic

Mine Suspension Confirmed in Guatemala

June 2020

The Constitutional Court decided to keep the "Extracción Minera Fénix" project, located in the department of Izabal, suspended and ordered the community consultation process to be carried out within 18 months.

As a result of a legal appeal filed by a group of residents, who argued that the community consultation process for the operation of the mining project had not been exhausted, in mid-July 2019 the judges of the Constitutional Court (CC) decided to suspend the license for the right to exploit the Fénix mine.

Mining Case to Emerge Internationally

August 2019

The Guatemalan Nickel Company announced that it will go to the Inter-American Court of Human Rights to request precautionary measures in response to the local authorities' decision to suspend operations at the Fénix mine in Izabal.

In mid-July the magistrates of the Constitutional Court (CC) decided to suspend the right to exploit the Fénix mine, a ruling that will remain in effect until there is a final resolution on the protection raised by a group of neighbors, who argue that the process of community consultation for the operation of the mining project was not exhausted.

Guatemalan Mine Operation Suspended

July 2019

The temporary suspension of the exploitation right license of the Fénix mining company, operated by Compañía Guatemalteca de Níquel, in the department of Izabal, is reported.

After a group of neighbors claimed before the Supreme Court of Justice that for the mining project concerned, the community consultation process was not exhausted, in February of this year an injunction was granted in favor of the plaintiffs, but the company's operations were not suspended.

Another Two Mines Suspended in Guatemala

June 2016

The Mining Exploitation Project Niquegua Montufar II, run by Compañía Guatemalteca de Níquel, and the one called Tajmulco II, by Montana Exploradora de Guatemala, have been suspended by the government.

A statement issued by the Ministry of Energy and Mines indicates that "...Adhering to the appeal granted by the First Chamber of the Court of Appeals of the Civil and Commercial Branch constituted in the Court of Appeal, the Ministry of Energy and Mines (MEM), notified Compañía Guatemalteca de Níquel (CGN), of the suspension of its authorization license for operating the mining exploitation project Niquegua Montufar II. "

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