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
https://mailchi.mp/rightsaction/guatemalan-court-ordered-suspension-of-fenix-mine
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 Court ordered:
- 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
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Tax-Deductible Donations (Canada & U.S.)
To support the work and struggle of the Mayan Q’eqchi’ people in defense of their lands, human rights and environment, and for their justice struggles in Guatemala and Canada, make check payable to "Rights Action" and mail to:
- U.S.: Box 50887, Washington DC, 20091-0887
- Canada: (Box 552) 351 Queen St. E, Toronto ON, M5A-1T8
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