GHRC applauds the July 15 resolution by a Guatemalan appeals court which ruled in favor of the right of residents to be consulted about projects that affect them and ordered the suspension of construction activities at the mine.
The ruling is a positive sign for community members from San Pedro Ayampuc and San Jose del Golfo who have joined together in non-violent resistance to oppose what they see as a deeply harmful mining project.
The movement, known as ‘La Puya,’ has maintained a 24-hour presence at the entrance to the site for over three years. During that time, La Puya has denounced intimidating or illegal actions on the part of the Guatemalan company that holds the mining license, EXMINGUA, as well as by its parent company, Reno-based Kappes, Cassiday & Associates.
This legal complaint, however, filed in October 2014 by authorities from two of the affected communities, El Carrizal and El Guapinol, targets the government for its failure to act on behalf of its citizens.
The complaint accuses the Municipal Advisory Council of San Pedro Ayampuc – where the mine site is located – of failing to act to stop construction activity at the mine site and for its failure to defend the interests of the affected communities. They argue the Council had the responsibility to act given their knowledge that the company had broken the law by operating without a construction permit, having documentation regarding concerns about water quality and contamination, and not carrying out valid prior community consultation.
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