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In depth

The 2005 Sipacapa consultation on the Marlin mine

Dossier
Social license and prior consultation23-licencia-social.md
Domain
Social license and prior consultationlicencia-social
Room
Law/ley
Audited
Audited

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. The case number of that 2007 judgment (1179-2005?) remains to be confirmed.

The research is written in English; quoted figures, source names and the titles of legal instruments stay in the language their source published them in.

Caveat

case number of the 2007 judgment to be confirmed

Sources

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This layer is research: read from public sources by the archive's own team, every claim cited with the date it was consulted, and audited where it is marked so. It has not entered the verified store — no figure here was fetched back from its source or stamped with a retrieval time — so it wears no red provenance numeral and never mixes with the verified figures.