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.
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Guatemalan Chamber of Food and Beverages (CGAB) assure that the current Decree 58-90 "Law Against Fraud and Contraband" is obsolete and does not allow for direct and frontal combat against contraband.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.
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.
Reducing trade barriers and procedures, increasing legal security and improving productive infrastructure are part of the changes required by the business sector for the region's economic development.
In Guatemala, the 12th Ibero-American Business Meeting is held, in which the private sector presents proposals to face the current challenges and generate opportunities for the countries of the region.
Due to a group of demonstrators who have taken over the Chixoy hydroelectric facility, there is a risk that in Guatemala electricity service rates will increase by up to 10%.
Since September 25th, a group of people claiming the payment of a complementary compensation has taken over the hydroelectric plant Chixoy, one of the most important in the country, and threatens to set it on fire.
Adverse court decisions against companies, social and political conflicts and fiscal issues are some of the factors that are impeding the development of productive projects in Central American countries.
One of the latest court decisions affecting companies with investments in the region was that of Minera Petaquilla, in Panama. The contract that this company had signed with the Panamanian State was declared unconstitutional last week.
Due to social conflicts and various legal processes, 16 hydroelectric projects have been halted in Guatemala, which together amount to an investment of close to $1.5 billion.
The Association of Generators of Renewable Energy (Ager) reported that power generation projects have been suspended because of conflicts with communities in the zones, consultation processes with indigenous peoples, and orders issued by the Constitutional Court, many of which which have been in response to claims raised by environmental organizations.These projects, for which no light can yet be seen at the end of the tunnel, represent an installed capacity of 460 MW.
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