After a community consultation was ordered as a requirement for the resumption of operations of the San Rafael Mine in Guatemala, the authorities invited nine institutions to participate in the first meeting of the pre-consultation roundtable.
Derived from a protective action filed by the environmental organization Calas, the Constitutional Court (CC) ordered in September 2018, to carry out through the Ministry of Energy and Mines (MEM), a community consultation in the area of operations of the mine, in El Escobal, in the municipality of San Rafael Las Flores, department of Santa Rosa.
Following the ruling of the Constitutional Court, the Ministry of Energy and Mines decided to temporarily suspend the rights of the Fenix mining company, located in El Estor, department of Izabal.
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.
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.
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.
Pan American Silver agreed to acquire the shares of Canadian Tahoe Resources, thus becoming the owner of the Mina San Rafael project in Guatemala.
With no details on the transaction amount, it was reported that the agreement between the two companies was approved on January 8, 2019 and is expected to be finalized on February 26.
Representatives of the El Tambor mine, located in San José del Golfo and San Pedro Ayampuc, filed a $300 million lawsuit against the State of Guatemala.
The arbitration lawsuit was filed by the Americans Daniel W. Kappes, Kappes, Cassidy & Associates, which was registered by the International Centre for Settlement of Investment Disputes (ICSID) last December 11th.
The Pan American Silver mining company reported that it is interested in buying the shares of Canadian Tahoe Resources, the company owning Mina San Rafael in Guatemala.
Representatives of Minera San Rafael confirmed that interest exists by Pan American Silver, the world's second largest silver mining company with operations in Mexico, Peru, Bolivia and Argentina, in buying Tahoe Resources.
Following the order to hold community consultations as a requirement for resuming operations at the San Rafael Mine in Guatemala, the authorities are waiting for the ruling to be be made firm in order to start a pre-consultation process.
After more than 300 days of waiting for a decision from the authorities, as a result of an appeal for legal protection filed by the environmental organization Calas, the Constitutional Court (CC) last week ordered a community consultation to be carried out, through the Ministry of Energy and Mines (MEM), into the operations area of the mine, in El Escobal, in the municipality of San Rafael Las Flores, department of Santa Rosa.
At last the Constitutional Court of Guatemala has spoken about the operation of Minera San Rafael, which has been paralyzed for more than a year, ordering a community consultation as a requirement to resume operations.
The project has been halted since mid-2017, when the environmental organization Calas filed an application for a declaration of fundamental rights against the mine, arguing that the Ministry of Energy and Mines had not carried out the community consultations before authorizing the operation licenses.
In Guatemala, the company Minera San Rafael, whose operations remain paralyzed pending a final decision by the Constitutional Court, announced the dismissal of another 200 employees.
The delay on the part of Constitutional Court of Guatemala continues to take its toll on the mining company, which has been unable to operate for more than 400 days.
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.