According to the cited documentsCase number of the 2007 judgment: to be confirmedTo be confirmedSocial licence
In June 2005 the municipal consultation in Sipacapa on the Marlin mine produced an almost unanimous vote against and the Ministry of Energy and Mines (MEM) challenged its validity; that is where the wave of community consultations as a territorial tool begins. In 2007 the Constitutional Court (CC) declared the plebiscite non-binding and insufficient to halt operations: municipal consultations are a valid expression but carry no veto, and the decision on extractive projects stays with MEM.
