The Constitutional Court's ruling in the Oxec case (2017)
- Social license and prior consultation
- Social license and prior consultation
- Audited
At the Oxec and Oxec II hydropower plants (Cahabón river, Alta Verapaz), after the amparo for failure to consult the Q'eqchi' people (admitted by the Supreme Court (CSJ) on 22 April 2016, CSJ judgment of 4 January 2017), the Constitutional Court (CC) ruled on 26 May 2017 (joined cases 90-2017, 91-2017 and 92-2017) that an omitted consultation can be cured after the fact: it let operations continue on condition the consultation be held within 12 months, and urged Congress to legislate within a year. It is the first CC ruling to order and structure a C169 consultation with a deadline — the 'operate while consulting' precedent.
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 Oxec judgment
- 26 May 2017; consultation within 12 months without suspending operation
Sources
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.