Mining Case to Emerge Internationally

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.

Thursday, August 8, 2019

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.

Representatives of the affected company informed that they will request on August 8 before the International Court at least three precautionary measures, such as the violation of the right to work, the right to freedom of industry and commerce, and the fundamental rights of the communities.

You may be interested in "Mine Suspension and Future of Investments”

Mynor Alvarez, a representative of the company, told Prensalibre.com that "... the judges of the CC did not inform when they will have the resolution; therefore, the interested parties decided to organize, and will travel to Washington DC to request three precautionary measures."

Álvarez added that "... the company disagrees with the resolution issued by the Constitutional Court (CC), since the mining project carried out its first consultation between 2005-2006, before starting operations, and carried out a process of updating at the request of the communities, in 2018.

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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.

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.

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.

Mining Companies Demand Legal Certainty

June 2017

Guatemala's industrialists are demanding speed in the resolution of the case against the La Puya mine, property of Exmingua, whose operating permit was annulled a year ago by the Supreme Court of Justice.

At the end of June last year, the Supreme Court of Justice "definitively" revoked the operating permit for the mine La Puya, awarded to the company Progreso VII Derivatives. Now the mining union is asking the Constitutional Court to resolve the problem more quickly, consistent with and as a consequence of the ruling issued to OXEC and as a sign of equal rights and respect for the legal certainty of Guatemala.

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