Mine on Mayan territory in Guatemala: Court condemns state
Published: Friday, Dec 15th 2023, 23:20
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An international court has condemned Guatemala for violating the rights of an indigenous community by allowing a nickel mine on their territory. The Inter-American Court of Human Rights (IACHR) in Costa Rica called on Guatemala on Friday to transfer a land title to the Maya Q'eqchi' community of Agua Caliente and to compensate them for violating a number of rights. The Central American state must commission a study to clarify the ecological and social consequences and consult the community on the operation of the mine.
According to the court, the mining activities and the lack of recognition of the collective property of the Maya Q'eqchi' impaired their community life and led to violence and harassment against them. The court held the state responsible for this.
The Fénix open-cast nickel mine, which is also controversial for environmental reasons, is operated by a subsidiary of the Swiss mining company Solway. The concession was first awarded to a previous operator in 2006. In 2020, Guatemala's Constitutional Court ordered a suspension of mining and a consultation with the Mayan community of around 400 members. This took place in 2021 - but under inappropriate conditions according to the IAGMR ruling - and the mine was allowed to continue operating.
After 40 years of struggle, the Maya Q'eqchi' have won a victory against powerful mining interests and a state known for violence against indigenous protests, according to the organization Indian Law Resource Center, which supported the community in their lawsuit. This could set an example for indigenous communities throughout Latin America.
©Keystone/SDA
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