This document provides context on Guatemala and summarizes its mining sector, legal framework, citizen participation, and mining conflicts. Specifically, it notes that Guatemala has a diverse population including over half indigenous peoples, with mining being an important economic sector regulated under the Mining Law of 1997. It describes requirements for citizen consultation on mining projects under domestic and international law, but notes indigenous participation in politics remains low. One of the most notable mining conflicts has been ongoing protests against the Marlin Gold Mine operated by Goldcorp.
Alberta has no restrictions on institutional or foreign ownership of farmland. It has 52 million acres of arable land, comprising 31% of Canadian farmland. Major crops include wheat (48%), canola (23%), and barley (23%). The average farm size is 23 acres.
The document is a report by an International Fact-Finding Mission to Guatemala that investigated 12 cases of potential violations of the right to food and attacks on human rights defenders. The Mission visited communities, interviewed victims, and met with government authorities and organizations. The report documents the cases studied and presents the Mission's findings and recommendations. Guatemala has high rates of malnutrition and poverty despite laws protecting the right to food. The cases suggest ongoing pressure on indigenous communities' land and resources, threatening their access to food.
The document provides information about tourism in Guatemala. It discusses several of the main areas for tourism development in the country, including Antigua Guatemala, Peten and the Mayan world, the Caribbean coast of Izabal, Lake Atitlan, and Guatemala City. It notes that tourism has become the main source of foreign exchange for Guatemala's economy, surpassing traditional exports like coffee and sugar. The diverse tourism offerings include archaeology, colonial history, indigenous culture, volcanoes, fishing and ecotourism.
La Isla Foundation Human Rights Advocacy Brief.
Multi-media version available at: https://laislafoundation.org/epidemic/anatomy-riot-page/
Personal Contributions: Team authorship, desk research, citations, editing.
This document discusses issues around transparency and corruption in the allocation of oil contracts and licenses in Africa. It finds that governments in Angola and Nigeria often lack transparency in how they choose companies for oil contracts and licenses. In some cases it appears companies have been given special access, raising doubts about the integrity of the process. It also notes that governments sometimes award licenses to companies whose true owners, or beneficial owners, are hidden, raising suspicions that government officials or their proxies may own some companies. The document recommends measures like public disclosure of license allocation rationales and beneficial ownership to increase transparency and reduce corruption.
The document discusses how oil has negatively impacted many countries and harmed the environment. While oil provides fuel and energy, it undermines most oil-producing nations by weakening democracy and encouraging corruption. It also pollutes the environment through emissions and oil spills. The example of Nigeria is provided, where oil production in the Niger Delta region has led to widespread pollution and many oil spills dating back decades. This pollution has severely damaged the region's environment and harmed the livelihoods of local communities, yet most see little success in obtaining justice or compensation due to barriers like poverty, lack of legal resources, and corruption.
The document discusses mining in the Philippines. It provides background on the organization PIPLinks and its mission to support indigenous peoples' rights in relation to mining. It then discusses the scope and impacts of mining in the country, including environmental issues, conflicts with communities, and the government's policies to promote mining despite concerns.
Alberta has no restrictions on institutional or foreign ownership of farmland. It has 52 million acres of arable land, comprising 31% of Canadian farmland. Major crops include wheat (48%), canola (23%), and barley (23%). The average farm size is 23 acres.
The document is a report by an International Fact-Finding Mission to Guatemala that investigated 12 cases of potential violations of the right to food and attacks on human rights defenders. The Mission visited communities, interviewed victims, and met with government authorities and organizations. The report documents the cases studied and presents the Mission's findings and recommendations. Guatemala has high rates of malnutrition and poverty despite laws protecting the right to food. The cases suggest ongoing pressure on indigenous communities' land and resources, threatening their access to food.
The document provides information about tourism in Guatemala. It discusses several of the main areas for tourism development in the country, including Antigua Guatemala, Peten and the Mayan world, the Caribbean coast of Izabal, Lake Atitlan, and Guatemala City. It notes that tourism has become the main source of foreign exchange for Guatemala's economy, surpassing traditional exports like coffee and sugar. The diverse tourism offerings include archaeology, colonial history, indigenous culture, volcanoes, fishing and ecotourism.
La Isla Foundation Human Rights Advocacy Brief.
Multi-media version available at: https://laislafoundation.org/epidemic/anatomy-riot-page/
Personal Contributions: Team authorship, desk research, citations, editing.
This document discusses issues around transparency and corruption in the allocation of oil contracts and licenses in Africa. It finds that governments in Angola and Nigeria often lack transparency in how they choose companies for oil contracts and licenses. In some cases it appears companies have been given special access, raising doubts about the integrity of the process. It also notes that governments sometimes award licenses to companies whose true owners, or beneficial owners, are hidden, raising suspicions that government officials or their proxies may own some companies. The document recommends measures like public disclosure of license allocation rationales and beneficial ownership to increase transparency and reduce corruption.
The document discusses how oil has negatively impacted many countries and harmed the environment. While oil provides fuel and energy, it undermines most oil-producing nations by weakening democracy and encouraging corruption. It also pollutes the environment through emissions and oil spills. The example of Nigeria is provided, where oil production in the Niger Delta region has led to widespread pollution and many oil spills dating back decades. This pollution has severely damaged the region's environment and harmed the livelihoods of local communities, yet most see little success in obtaining justice or compensation due to barriers like poverty, lack of legal resources, and corruption.
The document discusses mining in the Philippines. It provides background on the organization PIPLinks and its mission to support indigenous peoples' rights in relation to mining. It then discusses the scope and impacts of mining in the country, including environmental issues, conflicts with communities, and the government's policies to promote mining despite concerns.
Alernative Policy Solutions for the Mining Issue in the PhilippinesLawrence Lerias
The document summarizes policy alternatives for addressing mining issues in the Philippines. It analyzes the situation, stakeholders, and 3 potential policy solutions: a total ban on mining, enacting a new mining law, or maintaining the status quo. Each alternative is evaluated based on efficiency, costs, and benefits. Based on past environmental disasters and corruption concerns, maintaining the status quo by extending the mining suspension is recommended until leadership and regulation improve to allow responsible and compliant mining.
The Maasai people in Kenya have faced human rights violations due to the Olkaria geothermal power project on their ancestral lands. While the project provides electricity, the Maasai have been forced to relocate to a smaller area of land without proper consultation or compensation. Their homes and livestock were destroyed by armed thugs in 2013. The geothermal project and relocation have threatened the Maasai's livelihoods and culture by reducing their land and forcing a change to their pastoralist way of life. A human rights-based approach is needed that recognizes the Maasai's land rights, ensures meaningful consultation, and establishes sustainable benefit-sharing arrangements to compensate for loss of livelihood and culture.
A presentation by Global Justice for Animals and the Environment on free trade agreements -- NAFTA, CAFTA, and the US' free trade agreements with Oman, Peru, Panama, Colombia, and South Korea-- and the threat they post to our food, animals, the environment, and the human rights of communities fighting to defend the environment.
The document provides information about Alberta, Canada's oil sands:
- Alberta has the third largest oil reserves in the world, with 98% located in the oil sands.
- The oil sands have significantly impacted Alberta's and Canada's economies, though they also cause environmental damage.
- Debate surrounds the oil sands, as supporters argue it benefits economic growth and employment, while opponents cite environmental concerns.
The document discusses gold mining in Ecuador. It provides information on key gold mining projects and companies operating in Ecuador. It also summarizes Ecuador's previous mining law and highlights changes in the new mining law, including establishing a national mining company, recognizing artisanal mining, and increasing environmental regulations and penalties. The document concludes that Ecuador has historically exported raw materials and imported finished goods due to a lack of technology and knowledge, and that changing the productive matrix involves diversifying exports through greater innovation and use of technology across multiple industries.
The document summarizes corruption and its consequences in Equatorial Guinea. It describes how despite the country's wealth from natural resources like oil and gas, most citizens live in poverty. This is due to massive corruption where President Obiang and his inner circle divert wealth from these resources for their own benefit. They have established a system to launder money and purchase extravagant personal items abroad. As a result, social indicators in Equatorial Guinea like healthcare and education are very poor, showing that the government prioritizes self-enrichment over citizen welfare.
The Extractive Industries Transparency Initiative (EITI): Voluntary Codes of ...Dr Lendy Spires
The document discusses the Extractive Industries Transparency Initiative (EITI), a voluntary code of conduct that aims to promote transparency in how revenues from extractive industries like oil, gas and mining are collected and used in developing countries. It examines Nigeria's implementation of the EITI to assess if it meaningfully increases transparency and accountability or just deflects criticism. The EITI seeks to encourage resource-rich developing nations to use extractive revenues to reduce poverty rather than enrich corrupt officials, but codes of conduct have limitations and don't replace the need for legislation and regulation.
International organizations respond to statements made by the Chamber of Mines and Chamber of Commerce and Industry regarding a leaked draft executive order on mining reforms in the Philippines. The organizations argue that the mining industry's claims that the reforms will negatively impact investments and projects are unfounded. They believe the reforms are needed to ensure responsible mining and adequate returns to the Filipino people. The response criticizes the mining industry's opposition to proposals that would increase taxes and conduct total economic valuations of mining projects.
Leaving FF under the ground - Murmis & Larrea v0-2Maria R. Murmis
This document discusses Ecuador's Yasuní-ITT Initiative from 2007-2013, which proposed leaving oil deposits unextracted in the Yasuní National Park in exchange for payments. It aimed to establish a model for keeping fossil fuels in the ground to mitigate climate change. The initiative would have created a UN-administered trust fund to compensate Ecuador from contributions by other nations. While the initiative ultimately failed due to lack of funding, the document argues its mechanisms could still be adopted to responsibly allocate extraction rights and emissions allowances globally, as nations prepare agreements for the 2015 Paris climate conference.
English Version - International Declaration against Round Table on Sustainable Palm Oil RSPO / Declaración Internacional contra la Mesa Redonda de Aceite de Palma Sostenible
.
2015 has been an amazing year for Global Witness. I feel enormously proud to work for an organisation that is currently deeply engaged in 19 campaigns across 29 countries–investigating and exposing injustice, and advocating for systemic change to end corruption, conflict, human rights abuse and environmental destruction. The team has had many great campaign successes throughout the year and I wanted to share just a few of them with you:
For over 20 years, Global Witness has exposed how many of the world’s worst environmental and human rights abuses are driven by the exploitation of natural resources, and corruption in the global political and economic system. We have only been able to achieve change on these issues because of the generous support of our donors and other supporters. Next year we will continue to work towards a better world: a world where corruption is challenged and accountability prevails, so that all can thrive within the planet’s boundaries and governments act in the public interest.
Article 12 national economy and patrimonyJudithFtlvr
The document discusses key aspects of the national economy and patrimony according to the Philippines' constitution. It defines the national economy and patrimony, outlines three goals of the national economy (equity, growth, and productivity), and describes strategies and guidelines to accomplish these goals, including developing a self-reliant economy, promoting industrialization and full employment, and protecting Filipino enterprises. It also covers classifications of public lands, exploration and development of natural resources, ownership and transfer of private lands, and protection of indigenous communities' ancestral lands.
This document provides an overview of the Extractive Industries Transparency Initiative (EITI). It discusses how EITI emerged to address issues of corruption and lack of transparency related to revenues from natural resource extraction. The document outlines the key principles of EITI, including requiring extractive companies to publicly disclose their payments to governments and for governments to disclose revenues received. It also discusses stakeholders involved in EITI and provides details on Ghana's involvement with EITI.
The document summarizes information about Shell's operations in Nigeria. It discusses Nigeria's dependence on oil revenues yet widespread poverty. It describes the Niger Delta region, where Shell extracts most of Nigeria's oil, as being heavily polluted and underdeveloped despite its wealth of natural resources. It provides timelines of Shell's concessions and operations in Nigeria and discusses controversies, including protests and executions of activists demanding better compensation and environmental protections.
Costa Rica has historically taken a leading role in international environmental negotiations to help preserve its highly biodiverse environment. This is evidenced by Costa Rica's involvement in numerous international agreements and treaties regarding biodiversity, forests, endangered species, and more. Costa Rica works with international organizations to develop domestic environmental laws and policies, receive funding and technical assistance for conservation projects, and advocate for environmental protection globally. However, Costa Rica has been less active internationally regarding some issues like fisheries and water regulation, where it has not sought significant support to address problems within its own borders.
MW Petroleum Corporation is evaluating an opportunity to acquire oil and gas assets from Amoco Corporation and Apache Corporation. The assets include proved reserves of 30 million barrels of oil equivalent located offshore in the Gulf of Mexico. However, the assets are in deep water and will require significant capital expenditures to develop. MW's management must determine if acquiring the assets aligns with their strategic objectives and makes financial sense.
While the reserves would significantly increase MW's overall reserves, developing them presents technical and financial challenges. Initial estimates indicate development costs of $450 million, with first production not expected for 4 years. Ongoing operating costs are also
This document provides background information on natural resource governance and politics in Peru. It discusses Peru's heavy dependence on mining, the democratic transition and decentralization process, and the regulatory framework around mining. It analyzes the roots of conflict, including environmental problems, unmet expectations, and weak governance. It also evaluates dialogue processes that have taken place in Peru to address mining conflicts and tensions between communities and extractive companies. Key points include Peru's economic dependence on mining, challenges from rapid decentralization, issues with benefit sharing from mining revenues, and the need to build trust between citizens and the government.
Alernative Policy Solutions for the Mining Issue in the PhilippinesLawrence Lerias
The document summarizes policy alternatives for addressing mining issues in the Philippines. It analyzes the situation, stakeholders, and 3 potential policy solutions: a total ban on mining, enacting a new mining law, or maintaining the status quo. Each alternative is evaluated based on efficiency, costs, and benefits. Based on past environmental disasters and corruption concerns, maintaining the status quo by extending the mining suspension is recommended until leadership and regulation improve to allow responsible and compliant mining.
The Maasai people in Kenya have faced human rights violations due to the Olkaria geothermal power project on their ancestral lands. While the project provides electricity, the Maasai have been forced to relocate to a smaller area of land without proper consultation or compensation. Their homes and livestock were destroyed by armed thugs in 2013. The geothermal project and relocation have threatened the Maasai's livelihoods and culture by reducing their land and forcing a change to their pastoralist way of life. A human rights-based approach is needed that recognizes the Maasai's land rights, ensures meaningful consultation, and establishes sustainable benefit-sharing arrangements to compensate for loss of livelihood and culture.
A presentation by Global Justice for Animals and the Environment on free trade agreements -- NAFTA, CAFTA, and the US' free trade agreements with Oman, Peru, Panama, Colombia, and South Korea-- and the threat they post to our food, animals, the environment, and the human rights of communities fighting to defend the environment.
The document provides information about Alberta, Canada's oil sands:
- Alberta has the third largest oil reserves in the world, with 98% located in the oil sands.
- The oil sands have significantly impacted Alberta's and Canada's economies, though they also cause environmental damage.
- Debate surrounds the oil sands, as supporters argue it benefits economic growth and employment, while opponents cite environmental concerns.
The document discusses gold mining in Ecuador. It provides information on key gold mining projects and companies operating in Ecuador. It also summarizes Ecuador's previous mining law and highlights changes in the new mining law, including establishing a national mining company, recognizing artisanal mining, and increasing environmental regulations and penalties. The document concludes that Ecuador has historically exported raw materials and imported finished goods due to a lack of technology and knowledge, and that changing the productive matrix involves diversifying exports through greater innovation and use of technology across multiple industries.
The document summarizes corruption and its consequences in Equatorial Guinea. It describes how despite the country's wealth from natural resources like oil and gas, most citizens live in poverty. This is due to massive corruption where President Obiang and his inner circle divert wealth from these resources for their own benefit. They have established a system to launder money and purchase extravagant personal items abroad. As a result, social indicators in Equatorial Guinea like healthcare and education are very poor, showing that the government prioritizes self-enrichment over citizen welfare.
The Extractive Industries Transparency Initiative (EITI): Voluntary Codes of ...Dr Lendy Spires
The document discusses the Extractive Industries Transparency Initiative (EITI), a voluntary code of conduct that aims to promote transparency in how revenues from extractive industries like oil, gas and mining are collected and used in developing countries. It examines Nigeria's implementation of the EITI to assess if it meaningfully increases transparency and accountability or just deflects criticism. The EITI seeks to encourage resource-rich developing nations to use extractive revenues to reduce poverty rather than enrich corrupt officials, but codes of conduct have limitations and don't replace the need for legislation and regulation.
International organizations respond to statements made by the Chamber of Mines and Chamber of Commerce and Industry regarding a leaked draft executive order on mining reforms in the Philippines. The organizations argue that the mining industry's claims that the reforms will negatively impact investments and projects are unfounded. They believe the reforms are needed to ensure responsible mining and adequate returns to the Filipino people. The response criticizes the mining industry's opposition to proposals that would increase taxes and conduct total economic valuations of mining projects.
Leaving FF under the ground - Murmis & Larrea v0-2Maria R. Murmis
This document discusses Ecuador's Yasuní-ITT Initiative from 2007-2013, which proposed leaving oil deposits unextracted in the Yasuní National Park in exchange for payments. It aimed to establish a model for keeping fossil fuels in the ground to mitigate climate change. The initiative would have created a UN-administered trust fund to compensate Ecuador from contributions by other nations. While the initiative ultimately failed due to lack of funding, the document argues its mechanisms could still be adopted to responsibly allocate extraction rights and emissions allowances globally, as nations prepare agreements for the 2015 Paris climate conference.
English Version - International Declaration against Round Table on Sustainable Palm Oil RSPO / Declaración Internacional contra la Mesa Redonda de Aceite de Palma Sostenible
.
2015 has been an amazing year for Global Witness. I feel enormously proud to work for an organisation that is currently deeply engaged in 19 campaigns across 29 countries–investigating and exposing injustice, and advocating for systemic change to end corruption, conflict, human rights abuse and environmental destruction. The team has had many great campaign successes throughout the year and I wanted to share just a few of them with you:
For over 20 years, Global Witness has exposed how many of the world’s worst environmental and human rights abuses are driven by the exploitation of natural resources, and corruption in the global political and economic system. We have only been able to achieve change on these issues because of the generous support of our donors and other supporters. Next year we will continue to work towards a better world: a world where corruption is challenged and accountability prevails, so that all can thrive within the planet’s boundaries and governments act in the public interest.
Article 12 national economy and patrimonyJudithFtlvr
The document discusses key aspects of the national economy and patrimony according to the Philippines' constitution. It defines the national economy and patrimony, outlines three goals of the national economy (equity, growth, and productivity), and describes strategies and guidelines to accomplish these goals, including developing a self-reliant economy, promoting industrialization and full employment, and protecting Filipino enterprises. It also covers classifications of public lands, exploration and development of natural resources, ownership and transfer of private lands, and protection of indigenous communities' ancestral lands.
This document provides an overview of the Extractive Industries Transparency Initiative (EITI). It discusses how EITI emerged to address issues of corruption and lack of transparency related to revenues from natural resource extraction. The document outlines the key principles of EITI, including requiring extractive companies to publicly disclose their payments to governments and for governments to disclose revenues received. It also discusses stakeholders involved in EITI and provides details on Ghana's involvement with EITI.
The document summarizes information about Shell's operations in Nigeria. It discusses Nigeria's dependence on oil revenues yet widespread poverty. It describes the Niger Delta region, where Shell extracts most of Nigeria's oil, as being heavily polluted and underdeveloped despite its wealth of natural resources. It provides timelines of Shell's concessions and operations in Nigeria and discusses controversies, including protests and executions of activists demanding better compensation and environmental protections.
Costa Rica has historically taken a leading role in international environmental negotiations to help preserve its highly biodiverse environment. This is evidenced by Costa Rica's involvement in numerous international agreements and treaties regarding biodiversity, forests, endangered species, and more. Costa Rica works with international organizations to develop domestic environmental laws and policies, receive funding and technical assistance for conservation projects, and advocate for environmental protection globally. However, Costa Rica has been less active internationally regarding some issues like fisheries and water regulation, where it has not sought significant support to address problems within its own borders.
MW Petroleum Corporation is evaluating an opportunity to acquire oil and gas assets from Amoco Corporation and Apache Corporation. The assets include proved reserves of 30 million barrels of oil equivalent located offshore in the Gulf of Mexico. However, the assets are in deep water and will require significant capital expenditures to develop. MW's management must determine if acquiring the assets aligns with their strategic objectives and makes financial sense.
While the reserves would significantly increase MW's overall reserves, developing them presents technical and financial challenges. Initial estimates indicate development costs of $450 million, with first production not expected for 4 years. Ongoing operating costs are also
This document provides background information on natural resource governance and politics in Peru. It discusses Peru's heavy dependence on mining, the democratic transition and decentralization process, and the regulatory framework around mining. It analyzes the roots of conflict, including environmental problems, unmet expectations, and weak governance. It also evaluates dialogue processes that have taken place in Peru to address mining conflicts and tensions between communities and extractive companies. Key points include Peru's economic dependence on mining, challenges from rapid decentralization, issues with benefit sharing from mining revenues, and the need to build trust between citizens and the government.
Dialogue Processes in Peru. Challenges and Opportunities
2FINAL RTC GUATEMALA
1. RTC GUATEMALA REPORT
I. Context
Guatemala is an ethnically and culturally diverse country bordered by Mexico to the north,
Honduras to the east, and El Salvador to the southeast. Commonly referred to as “the land of the
eternal spring,” Guatemala is characterized by its natural beauty and is home to the Maya
Biosphere Reserve and Tikal National Park, a UNESCO World Heritage Site. The country has a
population of approximately 15.83 million people.1
The total land area in Guatemala is 108, 889
square kilometers.2
Indigenous people comprise an estimated 51% of the overall population, the
majority being of Mayan descent.3
The main indigenous groups in the country include the Achi’,
Akateco, Awakateco, Chalchiteco, Ch’orti’, Chuj, Itza’, Ixil, Jacalteco, Kaqchikel, K’iche, Mam,
Mopan, Poqomam, Poqomchi’, Q’anjob’al, Q’eqchi’, Sakapulteco, Sipakapense, Tektiteko,
Tz’utujil, Uspanteko, Xinka and Garífuna.4
The government of Guatemala is a multiparty and democratic republic. The country’s executive
branch is currently led by President Otto Perez Molina and Vice President Roxana Baldetti.
Major landholders remain politically powerful in Guatemala. Economically, Guatemala has
experienced steady growth, particularly after signing the 1996 Peace Accords which has allowed
for the opening of international markets through a number of free trade agreements.5
In 2006,
Guatemala adopted the Central American Free Trade Agreement (CAFTA) which led to an
increase in investments in the export sector.6
In 2013, mine output reached $993.9 million.7
It is
estimated that mining in Guatemala supports the economic development of the country by
bringing in more than $7 million a year in royalties and taxes to the State.8
Finally, it is estimated
that more than $3.8 billion in investments in the mining sector are expected to be made in the
period of 2013- 2015.9
While the country has experienced considerable economic growth, the distribution of income
remains highly inequitable.10
Poverty rates for Guatemala remain high. It is estimated that 54%
of the population lives below the national poverty line.11
The illiteracy rate in Guatemala is
75.9%.12
In terms of health, while Guatemala has made quite some progress in the health of its
1
UN Data. https://data.un.org/CountryProfile.aspx?crName=Guatemala (retrieved on November 4, 2014).
2
CIA. “Guatemala” www.cia.gov/library/publications/the-world-factbook/geos/gt.gtml.
(retrieved on January 5, 2015).
3
World Directory of Minorities and Indigenous Peoples- Guatemala, Minority Rights Group International, July 2008,
http://www.refworld.org/docid/49749d163c.html (retrieved on November 4, 2014).
4
Ibid.
5
The World Bank. “Guatemala Overview,” http://www.worldbank.org/en/country/guatemala/overview (retrieved on November
24, 2014).
6
Princeton University. “The Economy of Guatemala,” http://www.princeton.edu (retrieved on November 24, 2014).
7
Invest in Guatemala. “Mining,” http://www.investinguatemala.org/en/areas-de-inversion/mining (retrieved on January 5, 2014).
8
Ibid.
9
Ibid.
10
UNICEF. “Guatemala,” http://www.unicef.org/infobycountry/guatemala_statistics.html (retrieved on November 24, 2014).
11
CIA. “Guatemala, https://www.cia.gov/library/publications/the-world-factbook/geos/gt.html (retrieved on January 4, 2014).
12
Human Development Reports. “Guatemala,” www.hdr.undp.org/en/countries/profiles/GTM (retrieved on January 5, 2015).
1
2. population, the country’s population is still experiencing numerous health-related problems such
as communicable diseases, malnutrition, maternal mortality, along with an increase in non-
communicable diseases and injuries due to external causes such as road traffic or violence.13
The
Guatemalan government invests only 2.8% of its GDP on education programs in the country.14
II. The Mining Sector and its Legal and Regulatory Framework:
Guatemala possesses vast and untapped mineral deposits, principally gold, silver, and nickel. The
Ministry of Energy and Mines is responsible for the formulation of the country’s mining policies
and programs. The Ministry grants mining licenses for three types of activities: 1)
reconnaissance, 2) exploration, and 3) exploitation.15
Guatemala experienced an upsurge in
mining activities after the signing of the Peace Accords in 1996 and with the introduction of the
Mining Law in 1997. In fact, metal exploration has grown by 1,000 % since the year 1998.16
In
2014, the Ministry of Energy and Mines issued a total of 359 mining licenses for exploration and
exploitation.17
And, there are more than 592 mining licenses currently under consideration.18
The
main mining companies in Guatemala are Goldcorp Inc., Nichromet Extractions, Hud Bay
Minerals, CGN/Canada, and BHP/Billiton. The companies of Goldcorp, Nichromet, Extractions,
Hud Bay Minerals, and CGN are Canadian companies, while the BHP/Billiton is an Australian
company.
References to mining are found in the Constitution with Article 125, which declares that “the
technical and rational exploitation of minerals to be useful and a public necessity.”19
Article 121
says that the State must establish “the appropriate conditions for its exploration, use and sale.”20
The legal framework is complemented by the Mining Law, Decree No. 48-97, which was
approved on January 7, 1997, and its implementing regulations were issued on January 12, 1998
under Government Regulation No. 8-98.21
The Mining Law (1997), which is implemented by the
Ministry of Energy and Mines, aims to create favorable investment and business conditions for
mining exploration and exploitation in Guatemala. It should be noted that the Mining Law
includes language which aims to provide an opportunity for citizens to express their opposition
to any mining activities.
13
World Health Organization (WHO). “Guatemala,” http://www.who.int/countries/gtm/en/ (retrieved on
14
Ibid.
15
The Ministry of Energy and Mining, the Republic of Guatemala. http://www.mem.gob.gt/quienes-somos/marco-legal/
(retrieved on December 1, 2014).
16
Doughtery, Michael. “The Global Gold Mining Industry, Junior Firms, and Civil Society Resistance in Guatemala,” Bulletin of
Latin American Research, October 2011.
17
Invest in Guatemala. “Mining,” http://www.investinguatemala.org/en/areas-de-inversion/mining (retrieved on January 5, 2014)
18
The Ministry of Energy and Mining, the Republic of Guatemala. http://www.mem.gob.gt/quienes-somos/marco-legal/
(retrieved on December 1, 2014).
19
“The Political Constitution of the Republic of Guatemala,” As amended by legislative decree no. 18-93 of November 1993.
http://www.right2info.org/resources/publications/laws-1/guatemala_constitution_eng. (retrieved on December 1, 2014).
20
Ibid.
21
International Business Publications. “Guatemala Mining Laws and Regulations Handbook,” 2013.
2
3. According to the mining law, the holders of licenses must pay annual royalties for the extraction
of minerals. The royalties are based on the volume of the mining products which are sold, based
on the market value of the product sold in the market place.
In December 2014, President Otto Perez Molina approved the increase in mining royalties from
1% to 10%.22
The Ministry of Energy and Mines has also introduced amendments of the
country’s Mining Act which would require 147 companies with operating licenses to pay new
royalty rates.23
One of the amendments aims to establish a mining fund which would distribute
incomes from royalties, such as 35% to the community where the mine is located and 20% to
communities located in the department in which the mines operate.24
In addition, Guatemala’s
Ministry of Social Development will receive 20% of the royalties, while the Ministry of
Environment and Natural Resources will receive 3% respectively.25
Additional legislation relevant to mining in Guatemala includes the Law on the Protection and
the Improvement of the Environment (Decree 68-86), the Protected Areas Law (Decree 4-89 as
amended Decree 110- 96), the Law for the Protection of Cultural Heritage of the Nation (Decree
26-97), and the Health Code (Decree 90-97).26
In the oil and gas sector, Guatemala approved the Law of the Fund for Economic Development
of the Nation in 2008—better known as Fonpetrol—which stipulates that a part of all funds from
royalties on petroleum should benefit local communities by being channeled into Community
Councils of Development (COCODES).27
In specific, the law established a 5% royalty on
petroleum to be distributed to COCODES along with a 3% royalty designated for environmental
protection projects.28
The law also allows for the extension, for up to 15 years, of current
petroleum contracts.29
In 2013, Guatemala joined the Extractive Industries Transparency Initiative (EITI), as part of a
larger global program aimed at setting standards to promote transparency within the natural
resources sector. Each implementing country, under the EITI Umbrella, aims to support a
coalition of companies and civil society working together to ensure the proper management of
their natural resources.30
As part of EITI compliance guidelines, Guatemala must regularly
22
Sean Taggart and Kenneth Green, “Guatemala Increases Mining Royalties to All Time High,”
http://www.miningfacts.org/Blog/Mining-News/Guatemala-Increases-Mining-Royalties-to-All-Time-High (retrieved on
December 2014).
23
Mineweb. “Guatemala Introduces Sweeping Mining Law Reforms,” June 25, 2012.
24
Ibid.
25
Ibid.
26
International Business Publications. “Guatemala Mining Laws and Regulations Handbook,” 2013.
27
Central American Data. “Petroleum Contracts in Guatemala Extended for 15 Years,”
http://www.centralamericadata.com/en/article/home/Petroleum_contracts_in_Guatemala_extended_for_15_years (retrieved on
January 5, 2014).
28
Ibid.
29
Ibid.
30
Extractive Industries Transparency Initiative. “Guatemala Recognized as EITI Compliant,” https://eiti.org/news/guatemala-
recognised-eiti-compliant (retrieved on January 5, 2014).
3
4. disclose the government’s earnings from the natural resource sector.31
On March 19, 2014,
Guatemala was found to be EITI Compliant by the international EITI Board.32
III. Citizen Participation
Civil society participation is recognized in the Constitution, Guatemala’s laws, and in the 1996
Peace Accords. In terms of the Guatemalan constitution, requirements are that reforms to the
constitution be approved by a popular referendum.33
Reference to participation is also found in
the 1996 Peace Accords. The Accords called for the creation of mechanisms for public
participation in policy-making, as well as the establishment of new institutions aimed to increase
the visibility of citizens in politics.34
In 1996, the constitutional court of Guatemala adopted ILO
Convention 169 on indigenous peoples into the country’s Constitution.35
In sum, ILO
Convention 169 states that indigenous peoples should be consulted prior to the approval of any
development projects on their lands. Articles 6 and 15 of the Convention state that national
governments must consult with indigenous peoples before undertaking any exploration and
exploitation of minerals,36
while Article 7 says that “the peoples concerned shall have the right to
decide their own priorities for the process of development as it affects their lives, beliefs,
institutions, and spiritual well-being and the lands they occupy.”37
Guatemala has a relatively robust legal framework for citizen participation, with specific
reference to the engagement of indigenous peoples. For example, there is the Municipal Code
(Decree 12- 2002), which proposes referendums at the request of indigenous communities who
would like to discuss issues that affect the rights and interests of their communities.38
The Urban
and Rural Development Councils Act (Decree II- 2002) states that there should be citizen
participation in local development, respectful of the different indigenous cultures in Guatemala.39
Finally, the Decentralization Act (Decree 14- 2002) seeks to promote citizen participation in
local and regional policy-making.40
However, research studies find that although these laws are
in place, the participation of indigenous peoples in municipal/national politics remains quite
low.41
For example, of the 158 deputies elected to Congress, only 18 were indigenous, while of
the 333 mayoral races, there was no representation from indigenous communities.42
31
Extractive Industries Transparency Initiative. “Guatemala Recognized as EITI Compliant,” https://eiti.org/news/guatemala-
recognised-eiti-compliant (retrieved on January 5, 2014).
32
Ibid.
33
William Stanley and David Holiday. “Broad Participation, Diffuse Responsibility: Peace Implementation in Guatemala,” from
Ending Civil Wars the Implementation of Peace Agreements,” Edited by Stephen Stedman, Donald Rothchild, and Elizabeth
Conseneus, Lynne Rienner Publishers 2002.
34
Ibid.
35
Survival International. “Guatemala Adopts Indigenous Rights into the Constitution,”
http://www.survivalinternational.org/news/5613 (retrieved on December 3, 2014).
36
Ibid.
37
Ibid.
38
Peace Brigades International. “Metal Mining and Human Rights in Guatemala: The Marlin Mine in Guatemala,” September
2006, http://www.pbi-ee.org/fileadmin/user_files/projects/guatemala/files/english/PBI-mining-human-rights-guate.pdf (retrieved
on November 25, 2014).
39
Ibid.
40
Ibid.
41
U.S. AID. “Guatemala Country Report: Trends in Decentralization, Municipal Strengthening, and Citizen Participation in
Central America: 1995- 2003,” August 2004.
42
The National Democratic Institute (NDI). “Guatemala,” https://www.ndi.org/guatemala (retrieved on December 2, 2014).
4
5. The main international institutions providing financial support for sustainable development
projects in Guatemala include the World Bank, the European Parliament, U.S. AID, the United
Nations Development Programme (UNDP), and the Inter-American Development Bank. UNDP
provides a significant amount of funding for projects in Guatemala, particularly for peace-
building and public participation activities. For example, UNDP introduced a program called
“Strengthening of Civilian Power and the Role of the Armed Forces in a Democratic Society
(1996)” which acts as a bridge between civil society and the Guatemalan government.43
UNDP
also provides funds and support for community mobilizations with the aim to influence
government events.44
The German organization GIZ has also introduced a number of programs in
Guatemala with the aim to institutionalize forms of non-violent conflict management, improve
local government services, and to support climate adaptation initiatives.45
There are also a number of non-governmental organizations that have been involved in
promoting public participation in Guatemalan policy-making. These include the Association of
Investigation and Social Studies, Citizen Action, the Guatemalan Association of Indigenous
Mayors and Authorities, and the National Association of Municipalities of Guatemala.46
Civil
society organizations monitoring mining activities in Guatemala include Cordaid, Oxfam,
Friends of the Earth International, Mining watch Canada, and Amnesty International.
IV. Mining Conflicts
Over the years, Guatemala has experienced a growing number of disputes between indigenous
communities and mining corporations. One of the most notable disputes has been an ongoing
campaign against the Glamis Gold (now Gold Corp) Marlin Gold Mine, a $250 million dollar
mining project which was the first project authorized by the Guatemalan government after the
adoption of the 1997 Mining Law.47
In 1999, Glamis Gold, a Canadian owned mining company,
collaborated with its subsidiary Montana Exploradora to develop the Marlin gold mine. In
November 2006, Goldcorp Inc. merged with Glamis in a 21.3 billion transaction, with Glamis
Gold changing its name to Gold Corp.48
Public protests against the Glamis Gold mine first took place in 2004, in the municipality of
Sipacapa. Many of the protesters received death threats from Glamis Gold.49
According to the
residents of Sipacapa: “We publicly declare at the national and international level, that the
granting of the license for open pit metal mining violates the collective rights of the indigenous
43
United Nations Development Program (UNDP). “A Case Study in Guatemala: Evaluation of UNDP Assistance to Conflict
Affected Communities,” http://web.undp.org/evaluation/documents/thematic/conflict/Guatemala.pdf (retrieved on November 28,
2014.
44
Ibid.
45
German GIZ. “Guatemala,” http://www.giz.de/en/worldwide/395.html (retrieved on January 14, 2014).
46
Ibid.
47
Ibid.
48
Shina Amai and Jennifer Sander, “Breaching Indigenous Law: Canadian Mining,” Indigenous Law Journal, Volume 6, Issue 1,
2007.
49
Shina Amai and Jennifer Sander, “Breaching Indigenous Law: Canadian Mining,” Indigenous Law Journal, Volume 6, Issue 1,
2007.
5
6. peoples who inhabit our territories.50
In 2005, the campaign escalated with thousands of
indigenous peasants blocking a crossroads of the Pan-American Highway with the aim to stop a
milling cylinder for use in the Marlin Mine.51
Also, in March of 2005, Sipacapa residents filed a
complaint to the Office of Compliance and Advisor (CAO) of the World Bank, claiming that the
Marlin mine project was developed “without adequate consultation and in violation of the rights
of indigenous peoples.”52
In June of 2005, the community of Sipacapa unanimously voted to
reject mining in their area.53
Despite years of protest, the Marlin mine continues to operate. In
2012, open pit operations at the Marlin mine ceased and the mine is an underground operation
only.54
In addition to these protests, civil society groups have taken legal action against mining
companies. In 2006, the Center for Legal Environment and Social Action launched a court
challenge against the existing mining law, claiming that it did not provide sufficient protection to
indigenous communities living in close proximity to mining operations.55
In addition, the group
claimed that the government did not abide by Convention 169 of the International Labour
Organization (ILO).56
In 2007, the community of Sipacapa, with assistance from local NGO’s, filed a petition with the
Inter-American Commission on Human Rights. In sum, the petition states that the Guatemalan
government has not lived up to its obligation to consultant with the Mayan communities of the
municipality of Sipacapa regarding the grant mining licenses to the Montana Exploradora.57
Indigenous communities claim that the Guatemala government violated various articles in the
Constitution, ILO 169, and the Municipal Code, Decree 12 of 2002. The petition is still
pending.58
In 2013, the Western People’s Council filed a petition with the Inter-American Commission on
Human Rights alleging that the country’s mining law was approved without their prior
consultation. They challenged the constitutionality of the 1997 Mining Law in a July 2012 law
suit filed with Guatemala’s constitutional court. In March 2013, the Constitutional Court upheld
the mining law, contradicting Guatemala’s legal obligations to consult with indigenous peoples
before the approval of policies that will significantly impact their territories.59
50
Amanda Fulmer, Angelina Snodgrass Godoy, and Philip Neff. “Indigenous Rights, Resistance, and the Law: Lessons from a
Guatemalan Mine,” University of Miami, 2008.
51
Ibid.
52
Office of the Compliance Advisor, International Finance Corporation. “Assessment of a Complaint Submitted to CAO in
relation to the Marlin Mine in Guatemala,” September 7, 2005.
53
Shina Amai and Jennifer Sander. “Breaching Indigenous Law: Canadian Mining,” Indigenous Law Journal, Volume 6, Issue 1,
2007.
54
Be Mining. “Gold Corp – Marlin Mine: Guatemala’s Gold Standard,” March 26, 2014.
55
The Center for Excellence on Corporate Social Responsibility. “Corporate Social Responsibility,”
http://web.cim.org/csr/menuPage.cfm?menu=67 (retrieved on November 24, 2014).
56
Ibid.
57
Cordaid. “Mining Conflicts and Indigenous Peoples in Guatemala,” September 2009,
https://www.cordaid.org/media/publications/Mining_Conflicts_and_Indigenous_Peoples_in_Guatemala.pdf (retrieved on
January 14, 2015).
58
Ibid.
59
Mining Watch Canada. “Guatemalan Indigenous Organizations File Complaint over Mining Law with Inter-American
Commission on Human Rights,” http://www.miningwatch.ca/news/guatemalan-indigenous-organizations-file-complaint-over-
mining-law-inter-american-commission, September 3, 2013
6
7. V. Does the Legal Framework Recognize the Right of Communities to
be Consulted in the Evaluation or Approval of Mining Projects
Overall, the Guatemalan state is considered to be weak.60
Guatemala is categorized as a country
of “very high warning” on the fragile states index, with a ranking of 80.3.61
The Fragile States
Index is an annual report published by Fund for Peace which uses 12 factors to determine the
rating for each nation including indicators such as security threats, human rights violations, and
refugee flows.62
In terms of political participation, vast numbers of Guatemalans do not
participate in the formal political system.63
Taxation in Guatemala is low and as a result, the state
is underfunded with little capacity to carry out poverty alleviation and environmental protection
programs.64
Municipal governments are also under-funded, given that much of their funding
comes from the state.65
It is estimated that only 10% of revenue from the state is transferred to
municipalities.66
Additional challenges which weaken the country’s institutional capacity include
mistrust between political parties, crime, and corruption.67
Guatemala’s Mining Law (1997), which is implemented by the Ministry of Mines and Energy,
includes language which aims to provide citizens with an opportunity to express their opposition
to any mining activities. However, it should be noted that overall, the main goal of the Mining
Law has been to create more favorable conditions for mining exploitation in Guatemala. For
example, the new law reduced the percentage of royalties that mining companies are required to
pay to the government while removing limits on the foreign ownership of mines.
There are also a number of laws, such as the Municipal Code (Decree 12- 2002), the Rural
Development Councils Act, and the Decentralization Act (Decree 14- 2002), which recognize the
importance of including indigenous peoples in decision making processes on projects which
affect the interests of their communities. While these laws do not specifically refer to
consultations related to the approval and evaluation of mining projects, they do recognize the
importance of engaging indigenous peoples in local and national policy processes in Guatemala.
Finally, in 1996, Guatemala adopted ILO Convention 169 on indigenous peoples into the
country’s Constitution. ILO Convention 169 says that indigenous peoples should be consulted
prior to the approval of any development projects on their lands. In specific, Articles 6 and 15 of
the Convention state that indigenous peoples should be consulted prior to the undertaking of any
exploration and exploitation of minerals.
60
William Stanley and David Holiday. “Broad Participation, Diffuse Responsibility: Peace Implementation in Guatemala,” from
Ending Civil Wars the Implementation of Peace Agreements,” Edited by Stephen Stedman, Donald Rothchild, and Elizabeth
Conseneus, Lynne Rienner Publishers 2002.
61
Fragile States Index. http://ffp.statesindex.org/rankings-2014 (retrieved on January 7, 2014).
62
Ibid.
63
United Nations Development Program (UNDP). “A Case Study in Guatemala: Evaluation of UNDP Assistance to Conflict
Affected Communities,” http://web.undp.org/evaluation/documents/thematic/conflict/Guatemala.pdf (retrieved on November 28,
2014.
64
The Hunger Project: Participatory Local Democracy. “Guatemala,” http://localdemocracy.net/countries/south-
america/guatemala/ (retrieved on November 28, 2014).
65
The World Bank. “Towards Better Expenditure Quality: Guatemala Public Expenditure Review,” 2013.
66
The Hunger Project: Participatory Local Democracy. “Guatemala,” http://localdemocracy.net/countries/south-
america/guatemala/ (retrieved on November 28, 2014).
67
Ibid.
7
8. Overall, Guatemala has not recognized the right of their indigenous communities to give Free,
Prior, and Informed Consent (FPIC) to mining development projects. This is particularly evident
in the case of the Marlin Mine conflict. At the heart of this conflict was the fact that the
Guatemalan government did not consult with indigenous communities before the granting of the
exploration and exploitation licenses for the Marlin Mine.
In 2012, Guatemala introduced a series of reforms to the country’s legal framework. During this
time, the Ministry of Energy and Mines introduced amendments to the country’s Mining Act.
One of the amendments aims to establish a mining fund which would distribute incomes from
royalties, such as 35% to the community where the mine is located and 20% to communities
located in the department where the mines operate.
While civil society organizations such as Friends of the Earth International and Mining Watch
Canada provide support to anti-mining campaign groups in Guatemala, they do not directly
support community consultations and negotiations related to mining developments. I also found
that organizations such as UNDP, German GIZ, the World Bank, U.S. AID, and the Inter-
American Development Bank provided financial support for environment/development/public
participation projects in Guatemala. However, these are not targeted to projects in the mining
sector.
Thus, there is certainly a need for a funding mechanism which would support local communities
to negotiate on their behalf of their needs. The Guatemalan state is weak and underfunded and
does not have the ability to fund social development/environmental protection programs for local
communities affected by mining projects. Municipalities are equally as underfunded and
Guatemala’s institutional capacity is considered to be weak. Finally, research studies have found
that the participation of indigenous peoples in municipal/national politics remains quite low.68
For example, of the 158 deputies elected to Congress, only 18 were indigenous, while of the 333
mayoral races, there was no representation from indigenous communities.69
Thus, there is a need
for communities to negotiate directly with mining companies to ensure that these companies
integrate sustainable development provisions into company policies and practices.
68
U.S. AID. “Guatemala Country Report: Trends in Decentralization, Municipal Strengthening, and Citizen Participation in
Central America: 1995- 2003,” August 2004.
69
The National Democratic Institute (NDI). “Guatemala,” https://www.ndi.org/guatemala (retrieved on December 2, 2014).
8