During the second pre-consultation meeting in Guatemala, the team and the proposed methodology to conduct the Cultural and Spiritual Impact Study of the "Escobal" mining right in the Xinka People was accepted.
As a result of 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.
In the context of the process of the resumption of operations of the San Rafael Mine, the first pre-consultation meeting was held and it was agreed to conduct a study of the spiritual and cultural impact of the mining right on the Xinka indigenous people.
Following 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.
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.
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.
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.
Following the Guatemalan Constitutional Court's order of a community consultation as a requirement to resume operations at the San Rafael Mine, the company is now claiming that the timelines for the process are not clear.
Given the doubts that exist about the term that the government has to complete the process of community consultation, the mining company has decided to make another staff cut, given that it is unknown how long it will be before they can resume mining operations, which were halted on July 3, 2017.
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 2017 the value of sales to Germany and Belgium fell by 6% and 29% respectively, which is explained in part by the suspension of operations at El Escobal mine.
According to figures from Banco de Guatemala, between 2016 and 2017 exports from Guatemala to Germany fell from $148 million to $139 million, and to Belgium they dropped from $128 million to $90 million.The decrease in sales to Belgium is explained by the decrease in the export of lead, as it went down from $70 million in 2016 to $17 million in 2017.
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.
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.
A ruling by the Guatemalan Supreme Court has granted an action for infringement of fundamental rights and freedoms in favor of the environmental group that claimed there was a lack of consultation with the local community, but the ruling does allow the mining company to resume work.
The condition is that the Ministry of Energy and Mines must carry out the community consultation established by ILO Convention 169 on Indigenous Peoples.Licenses to operate the mine were suspended in early July. See: "Another Mining Company Suspended in Guatemala"
The Constitutional Court has confirmed the decision of the Supreme Court of Justice, which last June suspended the operating licenses of the Escobal mine, run by Minera San Rafael.
In its resolution, the Constitutional Court argued that"... when the Ministry of Energy and Mines (MEM) authorized the operations, it denied the existence of the Xinca group and did not consult them about the work they would do."
The contribution of mining activities to GDP has reduced in recent years, and recent cases of suspension of operating permits are not helping to improve the sector's image.
In 2012 the contribution of mining activities represented 2.8% of the Gross Domestic Product (GDP), but this proportion has been decreasing in recent years, falling to 1.1% of GDP in 2015.On top of this are the recent cases of suspension of exploration permits, which have generated uncertainty among the sector's entrepreneurs.