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In depth

The Fénix mine (CGN-Pronico) consultation in El Estor

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

The Constitutional Court (CC) (Exp. 697-2019, 18 June 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 (3 pre-consultation meetings and 7 consultation meetings; 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.

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 Fénix judgmenttexto de la sentencia
18 Jun 2020 (File 697-2019); consultation within 18 months with extraction suspended2020
Close of the MEM consultationLa Hora
10 Dec 2021; restart Jan 20222021

Sources

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