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.

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Mynor Alvarez, a representative of the company, told 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

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.

San Rafael Mine Still in Limbo

February 2018

Industrialists are demanding that the Constitutional Court rule on the request for legal protection that was granted in favor of an environmental group and which is keeping the mine's operations in a state of paralysis.

The project has been paralyzed since an environmental organization filed an request for legal protection against the mine, arguing that the Ministry of Energy and Mines did not carry out the necessary community consultations before authorizing the licenses. 

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.

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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