CC Fénix judgment
18 Jun 2020 (File 697-2019); consultation within 18 months with extraction suspended
2020texto de la sentenciaThe Constitutional Court (CC) (Exp. 697-2019, Jun 18, 2020, on appeal from the Supreme Court amparo of 9 January 2019 brought by artisanal fishermen) ordered a consultation of the Q'eqchi' people within 18 months with extraction suspended in the meantime, consolidating the Escobal line (suspend) over the Oxec line (operate), and on 1 March 2021 rejected clarifications and confirmed the suspension. A state of siege was imposed in El Estor on 24 October 2021 during protests ahead of the consultation. The Ministry of Energy and Mines (MEM) closed the consultation on 10 December 2021 (agreements on employment, environment and infrastructure) and authorized restart for early January 2022. The communities voided it: the process excluded 94 community representatives and the fishermen's guild (the original claimants), the government recognized a council not elected in assembly, and it was held under a state of siege.
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- Close of the MEM consultation10 Dec 2021; restart Jan 20222021La Hora
