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
Guatemala: Licenciado Rafael Maldonado, Cel: (502) 5834-5834 / Email: areapoliticalegal@gmail.com
Canada: Grahame Russell, Rights Action, info@rightsaction.org
Background
MEM suspende licencia de explotación de Fénix, la última mina metálica activa en Guatemala
Por Rosa María Bolaños, 23 febrero 2021
https://www.prensalibre.com/economia/mem-suspende-licencia-de-explotacion-de-fenix-la-ultima-mina-metalica-activa-en-guatemala/
Hudbay Minerals head of security pleads guilty to killing and assaults near Guatemala mine
Rights Action, January 8, 2021
https://mailchi.mp/rightsaction/hudbay-minerals-head-of-security-pleads-guilty-to-killing-and-assaults-near-guatemala-mine
Archives - Hudbay Minerals (INCO, Skye Resources, Solway Investment Group)
https://rightsaction.org/hudbay-minerals-archives
