Minera San Rafael Can Operate Again

A ruling by the Guatemalan Supreme Court has granted an action for infringement of fundamental rights and freedoms in favor of the environmental group that claimed there was a lack of consultation with the local community, but the ruling does allow the mining company to resume work.

Monday, September 18, 2017

The condition is that the Ministry of Energy and Mines must carry out the community consultation established by ILO Convention 169 on Indigenous Peoples. Licenses to operate the mine were suspended in early July.  See: "Another Mining Company Suspended in Guatemala"

S21.gt reports that "...Although the Supreme Court of Justice (CSJ) granted a definitive injunction in favor of the Center for Legal and Environmental Action (CALAS) so that the Ministry of Energy and Mines (MEM) could amend the procedure by which it granted operating licenses to the San Rafael Mine, the resolution allows the extractive company to continue with its operations."

"... Mining operations have been suspended since July 5 by a provisional injunction that was granted to the CALAS. However, according to a spokesman from the Judicial Agency (OJ), Angel Pineda, the final judgment of the injunction action always revokes the ruling in the provisional ruling, therefore the company can resume operations."


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More on this topic

Mine Suspension and Future of Investments

July 2019

Although in Guatemala the right to operate the El Escobal mine was granted in law, the project has been suspended for two years, making future investments in the country unviable.

The disadvantages for Minera San Rafael's operations date back to 2017, when in May of that year the Guatemalan Center for Legal, Environmental and Social Action (Calas) filed a protective action, arguing that the Ministry of Energy and Mines had not conducted the necessary community consultations before authorizing the licenses.

Situation Worsens at San Rafael Mine

January 2018

After seven months of suspended operations, the company that operates the Escobal mine in Guatemala has announced that it is making 250 workers redundant.

The company interrupted its activities after the Supreme Court of Justice granted an injunction to the Legal, Environmental and Social Action Center (Calas), in July 2017, after denouncing that the Ministry of Energy and Mines had not carried out prior community consultations..

San Rafael Mine Tries to Resume Operations

September 2017

Amid blockades by local residents, the company that operates the Escobal mine in Guatemala is trying to normalize its activities, after having obtained a legal guarantee to do so.

After the Supreme Court of Justice overturned an injunction filed by an environmental group against Minera San Rafael, representatives from the company say that they are trying to resume operations, but the constant blockades and demonstrations of neighbors in the area is preventing activities from returning to normal.

Another Setback for Mining in Guatemala

August 2017

The Constitutional Court has confirmed the decision of the Supreme Court of Justice, which last June suspended the operating licenses of the Escobal mine, run by Minera San Rafael.

In its resolution, the Constitutional Court argued that "...

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