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.
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.
The arbitration panel was formed to hear the lawsuit against the State of Guatemala, which was filed because of the suspension of the operations of the El Tambor mine, in San José del Golfo and San Pedro Ayampuc.
After the arbitration claim was filed by the Americans Daniel W. Kappes, Kappes, Cassidy & Associates before the International Centre for Settlement of Investment Disputes (ICSID) on December 11, 2018, the body announced that the panel was formed.
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.
One year after the suspension of operations at the El Escobal mining project in Guatemala, the company is still waiting for a definitive judicial decision from the Constitutional Court.
In May 2018, the Legal, Environmental and Social Action Center of Guatemala (Calas) filed an appeal for legal protection, arguing that the Ministry of Energy and Mines had not carried out the necessary community consultations before authorizing the licenses.
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.
After seven months of suspended operations, the company that operates the Escobal mine in Guatemala has announced that it is making 250 workers redundant.
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.
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."
The Supreme Court has ruled in favor of an injunction against the operation in Progresso VII, Derivada, but the legal criteria of the Ministry of Energy and Mines is that the project can continue to operate.
The Supreme Court of Guatemala had granted a provisional injunction against the environmental organization (Legal, Social and Environmental Action Center (Calas) in order to suspend the license for the mining project Progreso VII, Derivada, located in San Pedro Ayampuc and San José del Golfo.
The money that the State of Costa Rica will lose in the dispute over the failed concession of the Crucitas mine will come from taxpayer's pockets.
Editorial
During the 20 year period of the soap opera that is Crucitas gold mine, none of the individuals who are involved in one way or another have suffered any financial loss and many, on the contrary, have seen an increase in their income and their bank accounts.
The temporary suspension announced by President Alvaro Colom won’t take effect immediately.
Representatives from Goldcorp, owner of the mine, remarked that they will continue operating while the investigation takes place.
PrensaLibre.com printed statements by President Alvaro Colom: “We answered to the CIDH’s request, but there is a due legal and administrative procedure. The company has its rights, and the accusations still have to be proven”.
The government announced it will impose precautionary measures against Marlin gold mine; on the same day the minister of Energy and Mines resigned.
The Inter-American Human Rights Commission (CIDH) had required the government to temporarily shut down the mine, owned by Goldcorp, as a precautionary measure to prevent environmental and human rights damages, while they investigate the matter.
The Inter-American Commission on Human Rights has called on the government to shut the project, pending an investigation into alleged human rights abuses and environmental problems.
María-Isabel Rivero, commission press director, says the call to cease mining is obligatory in Guatemala. She assured that this is necessary to prevent the conditions from worsening in the year or two it would take to investigate the matter, should the alleged human rights and environmental concerns found to be valid.