In Nicaragua, following the arrests of political and business leaders, uncertainty has increased after local authorities arrested Luis Alberto Rivas Anduray, Executive President of Banpro.
In the last weeks Cristiana Chamorro, Arturo Cruz, Felix Maradiaga Blandon and Juan Sebastian Chamorro have been arrested, these people were presidential pre-candidates and are accused of multiple crimes.
A few weeks before the new magistrates of the Constitutional Court take office in Guatemala, the business sector is asking that the new members of the highest court advocate for a real rule of law and provide legal certainty to investments.
In recent years, Guatemala's Constitutional Court (CC) has gained prominence in the country's economic sphere, as its rulings have affected different investments that were already operating locally.
After the Municipality of the head of the province of San Marcos, in Guatemala, decreed several trade restrictions to contain the advance of covid-19, the Constitutional Court decided to suspend them.
The country's highest court in constitutional matters heard the case after the Chamber of Commerce filed an action for protection against the provisions of the municipal corporation of the capital city of San Marcos, which were published on August 11 and are contained in Act 73-2020.
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.
With regard to the discussion of an initiative which aims to modify the Trademark Law in Nicaragua, the business sector believes that relevant changes are being considered in the area of legal security, as far as the protection of trade names is concerned.
Regarding the subject, the National Assembly reported that on February 27, "... the consultation process for the initiatives to reform the Trademark Law and the Patent Law was successfully concluded, with the participation of economic and academic agents directly linked to the subject, who provided important contributions."
Because the current legal framework is ineffective, Guatemalan entrepreneurs in the food sector are asking the government to draft a new law that would criminalize smuggling and also consider it a matter of national security.
Directives of the Guatemalan Chamber of Food and Beverages (CGAB) assure that the current Decree 58-90 "Law Against Fraud and Contraband" is obsolete and does not allow for direct and frontal combat against contraband.
Arguing that the requirements established by law to issue a license were not met, the authorities in Guatemala decided to suspend the environmental permit for the Rocja Pontila Central hydroelectric project.
In Guatemala, a group of deputies filed an unconstitutionality action against the ministerial agreement approving the Rocja Pontila hydroelectric project.
The authorization for the hydroelectric plant, owned by the Pontila Integrated Development Project and planned to be built on the Icbolay River in Alta Verapaz, was issued on January 13, 2020.
The legal appeal that the congressmen who make up the National Unity of Hope (Une) party presented to the Constitutional Court (CC), argues that Ministerial Agreement 019-2020 of the Ministry of Energy and Mines (MEM) violates seven articles of the Constitution, including 1, 3, 12, 44, 66, 97 and 154.
After the approval in second legislative debate of the law authorizing employers to suspend, from the first day of demonstration, the payment of wages to public servants who go on strike, the file will go to the President, Carlos Alvarado.
The Plenary Session of the Legislative Assembly approved, with 35 deputies in favor and 13 against, in its second and final debate, Bill 21,049, which will regulate strikes by establishing new rules so that workers can exercise this right, the Legislative Assembly reported.
After listening to the observations made by Chamber IV, the deputies approved in first debate the law authorizing employers to suspend, from the first day of demonstration, the payment of wages to civil servants who go on strike.
In Guatemala, a group of residents of San Pedro Carchá asked the Constitutional Court to suspend Renace's operations, arguing that there was no community consultation prior to the development of the project.
On October 23, a public hearing was held in the country's capital in which the Constitutional Court heard the positions of the interested parties.
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.
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.