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In depth

Absence of a prior consultation law and Initiative 5450

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

No. 'Guatemala lacks a general consultation law' (CIIDH, analysis of 19 May 2025, the most recent retrieved); the vacuum persists despite judicial urgings. The Constitutional Court (CC) urged Congress in the Oxec judgment (May 2017) to legislate on consultation within one year — never done. The most serious legislative attempt was Initiative 5450 (the Consultation Law), tabled on 7 August 2018 by deputies Amílcar Pop and Orlando Blanco, given an unfavorable opinion by the Indigenous Peoples Committee on 4 December 2018 and stalled since.

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

Initiative 5450CIIDH
introduced 7 Aug 2018; unfavorable committee report 4 Dec 20182018

Caveat

status as of May 2025

Sources

Organizations named in the answer

  • CIIDHThe baseline for the more than 100 community consultations held since 2005 (~90% against) and analysis of the CC's case law and of the legislative vacuum (analysis of 19 May 2025).Other

Directory of organizations

Related records

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