Guatemala News Update: December 7-13

Court endorses community referendums on mining

The Constitutional Court ruled that municipal governments must respect the results of consultas comunitarias (community referendums) on whether mining projects can be developed in their towns. The court also affirmed that the results of community referendums should be submitted to the national authorities who grant mining licenses.

The court’s ruling rejected the appeal of unconstitutionality regarding a November 2012 community referendum concerning Tahoe Resource’s San Rafael Mine in the municipality of La Villa de Mataquescuintla, Jalapa. The results of this vote revealed that 10,000 people opposed the mine, while only 100 people supported it. The court based its ruling on the ILO Convention 169, which guarantees indigenous communities the right to consultation. In response to the court’s decision, the Guatemalan Chamber of Industry (CIG) and the Union of Extractive Industries (GEE) maintained that community referendums should be used as an indicator to inform decision makers, but not a binding determinant in approving mining projects.

Communities protest Marlin Mine

Beginning last Friday, members from various communities demonstrated against Goldcorp’s mining in Sipacapa, San Marcos by blocking the highway at two different points. This protest came in response to the granting of new licenses for exploration in San Carlos Sija. According to the company, protesters held 35 workers from the Marlin Mine to demand that company authorities provide them a new water source, as mining in the area has contaminated and dried up their water source. Community member Basilio Bámaca assured that no person was being held; rather, the community was just warning miners that from now on they would take action. Representatives of the Marlin Mine said they will help the community access safe water, but added that the disturbances were provoked by outsiders and accused residents of violating the right to free movement and commerce.

Community of Monte Olivo attacked

On Sunday, individuals connected to the Israeli company Energía Limpia de Guatemala (ELG) attacked residents of the Maya Q’eachi’ community Monte Olivo with machetes. Four community members were gravely wounded. The community has been in opposition to the company’s construction of the Santa Rita hydroelectric dam.

Guatemala News Update: November 23 – December 6

INDE secretly approves company for hydroelectric dam

News came through international sources this week that the National Institute for Electricity (INDE) secretly granted the Brazilian company  Intertechne Consultores rights to the Xalalá hydroelectric project. In January of this year, INDE requested bids for the project, but in April they declared to have deserted the request. The proposed Xalalá hydroelectric dam on the Chixoy River, along the border of the departments Quiché and Alta Verapaz, has been contentious since the plan was first proposed in 2004. It would affect more than 50 communities, and approximately 18,000 residents said no to the project in a community consultation in 2007. In the last few months, state institutions, especially those involved in energy, have been active in Xalalá. For example, some testified that INDE representatives attempted to bribe leaders for the support of the community. The presence of the army has also increased.

Guatemala News Update: November 9-15

Peasant farmers march for major reforms

On Wednesday, thousands of people from 20 departments marched for reforms concerning land and energy in Guatemala. Organized by the National Committee of Peasant Farmers, the marchers demanded land reform, nationalization of electricity, and a halt to mineral exploitation in their communities. In total, about 40,000 people participated, and the march lasted for seven hours. Smaller protests were also registered in other parts of the country.

Further delay in Ríos Montt trial

The First Board of Appeals’ Penal Branch cannot yet determine the merits of the final judgment made by the Constitutional Court regarding whether Decree Law 8-86 for amnesty applies to Efrain Ríos Montt. The Constitutional Court must send the document to the Supreme Court of Justice, which will then be sent on to the First Board. After the First Board receives the document, it will have five days to answer the Constitutional Court’s question on amnesty.

In an opinion piece for Al Jazeera, Lauren Carasik expresses concern for the likelihood that these delays will allow Montt to avoid justice and incur financial and emotional costs for the victims, witnesses, and lawyers. She also discusses the illegitimacy of possible amnesty as well as the consequences that amnesty would have on Guatemala’s fragile justice system.