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The Climate Litigation Database

Bernardo Caal Xol et al. v. Ministry of Energy and Mines (Oxec I and Oxec II Hydroelectric Projects)

Geography
Year
2015
Document Type
Litigation

About this case

Filing year
2015
Status
Decided
Court/admin entity
GuatemalaConstitutional Court
Case category
Suits against governments (Global)Human Rights (Global)Indigenous Groups (Global)
Principal law
GuatemalaPolitical ConstitutionInternational LawILO Indigenous and Tribal Peoples Convention 169
At issue
Whether the State of Guatemala violated Indigenous consultation rights by authorizing hydroelectric projects without conducting adequate free, prior, and informed consultation.
Topics
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Documents

Summary

Indigenous Q’eqchi’ community members challenged the authorization of two hydroelectric projects on the Cahabón River, alleging that the State approved the projects without conducting free, prior, and informed consultation. The Constitutional Court identified deficiencies in the consultation process but allowed the project licenses to remain in force subject to remedial consultation measures.

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Group
Topics
Impacted group
Just transition
Renewable energy
Economic sector
Finance