Mining Companies Demand Legal Certainty

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.

Tuesday, June 6, 2017

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.

From a statement issued by the Chamber of Industry: 

Guatemala, June 2, 2017.  The Chamber of Industry of Guatemala and the Extractive Industries Guild (GREMIEXT) has asked the Constitutional Court to reverse the ruling issued in regards to the operations of La Puya Mine belonging to the company EXMINGUA as well as to issue a short and definitive ruling, being 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.

The resolution by the CC in the Exmingua case is inconsistent with that issued a few days ago for the hydroelectric station Oxec, since the latter indicates that the entity can continue its operations and gives a period of 12 months for the State to carry out the consultation process. On the other hand, the decision by Constitutional Court in the case OXEC mentions that the procedure designed as part of that judgment applies to all projects. In the case of La Puya, this project has been suspended for more than 1 year. 

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