Mine Suspension Confirmed in Guatemala

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.

Friday, June 19, 2020

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.

With the latest decision by the Court, the project should continue to be suspended.

Check out the "System for monitoring markets and the economic situation in Central American countries", developed by CentralAmericaData.

From the statement of the CC:

Guatemala, June 19, 2020. The Constitutional Court issued a ruling in the appeal of the sentence in the appeal against the Ministry of Energy and Mines, for granting the license for the mining exploitation right called "Extracción Minera Fénix", in the name of Compania Guatemalteca de Niquel, Sociedad Anonima -CGN-.

This Court confirmed the granting of the appeal on the grounds that the rights of the indigenous people to participate in the formulation, application and evaluation of the economic, social and cultural development plans and programs that directly affect them were violated. On the other hand, the application for a new license in 2005 did not comply with the International Labor Organization's Convention 169 on Indigenous and Tribal Peoples in Independent Countries, which had been mandatory in Guatemala since 1997.

In addition, the Ministry of Energy and Mines granted the exploitation license to CGN without the latter complying with the requirement to provide an environmental impact study of the total area it intended to exploit and did not take into account the worldview of the indigenous communities living in the area of influence of the aforementioned mining project.

Consequently, this Court ordered:

● The Ministry of Energy and Mines -MEM-, to delimit the territorial space of the license to 6.29 Km2, of the 247,9978 Km2 authorized, which do have the Environmental Impact Assessment Study.

● Carry out, within a period of 18 months, the process of pre-consultation and consultation provided for in ILO Convention 169, with the peoples settled in the area of influence of the Fénix Mining Project.

● Keep the mining exploitation of the 6.29 km2 in suspension until the consultation process is concluded.

¿Busca soluciones de Inteligencia Comercial para su empresa?

Contáctenos para conocer sobre nuestros servicios








this site is protected by reCAPTCHA and Google's privacy policy and terms of service.
Need assistance? Contact us
(506) 4001-6423


More on this topic

Mine in Guatemala: Clear and Objective Consultation

June 2020

After the Constitutional Court decided to keep the "Extracción Minera Fénix" project suspended, the private sector is asking the authorities to start the community consultation process as soon as possible, in an objective and clear way.

The operations of the mine located in the department of Izabal were suspended since July 2019 as a result of a legal appeal filed by a group of neighbors, who argued that the community consultation process for the operation of the mining project had not been exhausted.

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 Mining Company Suspended in Guatemala

July 2017

Minera San Rafael will have to cease operations after its two operating licenses were suspended as a result of a writ of protection granted by the Supreme Court of Justice to an environmental group.

Prensalibre.com reports that "... The licenses for El Escobal, approved in 2013, and Juan Bosco, in 2012, are suspended and as a consequence, the San Rafael mine must stop its operations. The extraction plants whose licenses are now invalid are located in Mataquescuintla, Jalapa, and Nueva Santa Rosa, Casillas, and San Rafael Las Flores, Santa Rosa."

 close (x)

Receive more news about Mining & Geology

Suscribe FOR FREE to CentralAmericaDATA EXPRESS.
The most important news of Central America, every day.

Type in your e-mail address:

* Al suscribirse, estará aceptando los terminos y condiciones


Frozen food plant for sale

Turn-Key Fruit and Vegetable Frozen Food Plant for sale.
Turn-Key Fruit and Vegetable Frozen Food Plant for sale...

Stock Indexes

(Apr 6)
Dow Jones
-5.60%
S&P 500
-5.10%
Nasdaq
-5.64%

Commodities

(Oct 1)
Brent Crude Oil
41.31
Coffee "C"
108.60
Gold
1,907
Silver
23.890