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What does the Constitutional Court require in a prior consultation (the four stages)?

According to the cited documentsSocial licence

The doctrine consolidated in the Escobal judgment (Exp. 4785-2017, 3 September 2018): consultation is an obligation of the State (the Ministry of Energy and Mines, MEM), not of the company, and must follow four stages, (i) identification of the parties, understandable information, (iii) the consultation itself with the Human Rights Ombudsman (PDH) as observer, (iv) compliance with the agreements. Failure to comply voids licenses and triggers civil and criminal liability. The Constitutional Court (CC) framed it not as a barrier to industrial development but as a platform for equitable, intercultural, objective and transparent discussion.

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Sources

  • Observatorio Principio 10

    Sentencia CC Guatemala Ex

    observatoriop10.cepal.orgAccessed Aug 19, 2026Go to the source