The Constitutional Court's Escobal ruling (Exp. 4785-2017) and the suspension
- Social license and prior consultation
- Social license and prior consultation
- Audited
Escobal's license (silver; San Rafael Las Flores, Santa Rosa–Jalapa) was suspended by the courts in 2017 — the Supreme Court (CSJ), in an amparo by CALAS against the Ministry of Energy and Mines (MEM) for discrimination and failure to consult the Xinka people — and confirmed by the Constitutional Court (CC) on 3 September 2018 (Exp. 4785-2017): it orders a C169 consultation of the Xinka in 4 stages, recognizes them as an indigenous people under C169's objective and subjective tests, orders review of the environmental impact assessment (EIA) area of influence, quarterly water monitoring and a health baseline, with the license suspended meanwhile. It is the 'suspend until consulted' precedent, and the mine has been in care and maintenance since 2017.
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.
Figures
- CC Escobal judgment
- 3 Sep 2018 (File 4785-2017)
- Mine suspension
- since 2017 (care & maintenance)
Sources
Organizations named in the answer
Related records
- The death of State-licensed projects in Guatemala
- Guatemala's ratification of ILO Convention 169 and its obligations
- Absence of a prior consultation law and Initiative 5450
- Over 100 community consultations without binding force
- The Constitutional Court's four stages of prior consultation
- The missing consultation law as an investor risk
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.