Constitutional Court of Guatemala ordered immediate suspension of “Fenix” nickel mine operation in Mayan Q’eqchi’ territories

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Rights Action
March 22, 2021
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Constitutional Court of Guatemala ordered immediate suspension of “Fenix” nickel mine operation in Mayan Q’eqchi’ territories
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Will decision impact the Hudbay Minerals (Skye Resources) lawsuits in Canada, as decision puts into question the underlying legality of Hudbay/Skye’s years of mining in Guatemala (2005-2011), during which time the repression and harms linked to their mining operation occurred, including killings, gang-rapes, shootings, forced evictions and community destruction?

“Fenix” mountain-top removal nickel mine, Mayan Q’eqchi’ territories, eastern Guatemala
The mine is operated by the Guatemalan Nickel Company (CGN), owned since 2011 by the Swiss-based Solway Investment Group. Prior to that, the owner was Hudbay Minerals and Skye Resources, 2005-2011.

Ratifying its own June 19, 2020 ruling, Guatemala’s Constitutional Court concluded that CGN has been illegally operating the mine since 2005, that a legally required consultation process was never carried out with the impacted Q’eqchi’ peoples, and that a proper Environmental Impact Assessment was never carried out.

* The Ministry of Energy and Mines to limit the territorial space of the license to 6.29 Km-sq of the 247.9978 Km-sq originally authorized, as the Environmental Impact Assessment only covered this smaller portion;
* Pre-consultation and consultation processes provided for in ILO Convention 169, with the peoples settled in the area of impact of Fenix mining project;
* The complete suspension of all mining within the 6.29 Km-sq area, until the consultation process is concluded.

The Attorney General’s office and the Ministry of Energy and Mines are now obliged to enforce the suspension of the mine.

More information
* Guatemala: Licenciado Rafael Maldonado, Cel: (502) 5834-5834 / Email: [email protected] (mailto:[email protected])
* Canada: Grahame Russell, Rights Action, [email protected] (mailto:[email protected])

Background
MEM suspende licencia de explotación de Fénix, la última mina metálica activa en Guatemala
Por Rosa María Bolaños, 23 febrero 2021
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Hudbay Minerals head of security pleads guilty to killing and assaults near Guatemala mine
Rights Action, January 8, 2021
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Archives - Hudbay Minerals (INCO, Skye Resources, Solway Investment Group)
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