The missing consultation law as an investor risk
- Social license and prior consultation
- Social license and prior consultation
- Audited
With no law, every project is litigated case by case through amparo; the Constitutional Court (CC) orders consultations under rules it improvises judgment by judgment, and the same court holds that the consultations communities do organize are not binding. The result is a certain obligation with an uncertain procedure. Context that explains why the conflict is judicialized and runs hot: public distrust of the courts is estimated at 88-95% (CIIDH), and two of the dossier's cases unfolded under states of siege (Barillas 2012; El Estor, imposed on 24 October 2021). The dossier recommends monitoring consultation as a country risk: the pre-election year 2027 may revive attempts at regulation in either direction.
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
- Public distrust of the courts
- 88–95%
Sources
- CIIDH, Consultas comunitarias en Guatemala
- CIIDH, Consultas comunitarias en Guatemala: cuando la justicia constitucional silencia a los pueblos indígenas (19-may-2025)
- Soy502, Hidro Santa Cruz anuncia retiro de Guatemala
- Prensa Comunitaria, dic-2021, El Estor concluye consulta sobre proyecto Fénix; comunidades Q'eqchi' la invalidan
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 2005 Sipacapa consultation on the Marlin mine
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.