The indigenous community must be consulted about me

The The Inter-American Court of Human Rights (IDC Court) condemned Guatemala for a series of violations of the rights of the Maya Q’eqchi’ indigenous community of Agua Caliente, and ordered it to determine the ownership and demarcation of its lands, as well as to carry out a consultation process with the indigenous population on the open pit mine.

The President of the Inter-American Court, Ricardo Pérez Manrique, read out the ruling against Guatemala, which gives the Central American country 6 months to “start adopting the measures necessary to offer Q’eqchi’ Mayan Indigenous Community Agua Caliente Lot 9 collective ownership of the community over their land and adopt measures for appropriate demarcation and demarcation of property.”

The Inter-American Court also ordered Guatemala to execute a “adequate consultation process” with the community about the nickel open pit mine which is located in an influential area of ​​the city, and which received its work permit in 2006.

This one the consultation must allow the participation of all members of the Agua Caliente Lote 9 communityand as a prerequisite, the Inter-American Court ordered “that technically trained and independent entities conduct a new environmental and social impact study,” so that residents would have information before making a statement.

The court established that Guatemala must “refrain from carrying out actions in which representatives of the State or third parties may affect the existence, value, use or enjoyment of the territory” indigenous communities, and that the state must take “legislative measures to make the right to prior consultation with indigenous peoples effective” in the country.

The case concerns the international responsibility of the State of Guatemala to the detriment of the Mayan Q”eqchi” community of Agua Caliente due to the lack of domestic legislation guaranteeing their right to collective property after 40 years of requests.

The case also covers establishment an open-cast nickel mine project in the area of ​​influence of the autochthonous territory.

The The IACHR Court found Guatemala responsible for violating the right to recognition of legal personalitypersonal integrity, judicial guarantees, ownership, access to information, political rights and judicial protection of indigenous peoples.

Mayan Q’eqchi’ Agua Caliente Indigenous Community Lot 9, It is located in the municipality of El Estor, department of Izabalit has about 400 people and covers more than 1353 hectares.

It has traditional authorities and its own community organizationand maintains a strong spiritual connection with his country, considering it a sacred space, the Inter-American Court explained in the verdict.

In 2006, the Guatemalan authorities issued a license for the exploitation of the mineIn 2018, amparo proceedings challenged the license, and in June 2020, the Constitutional Court ordered that the previous consultations be respected and the exploitation of the mine be suspended.

During 2021, a consultation process was carried out with indigenous communities, with the participation of the Council of Maya Q’eqchi’ Indigenous Communities. Despite the opposition, an agreement was signed to continue the mining project.

The CorteIDH found that the consultation process “was not carried out in an adequate manner”.lack of respect for customs and forms of organization of communities.”

The verdict also considers that ” Non-recognition of common property and mining activities affected the life of the community and were associated with various acts of violence and harassment.”