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- Xinka Indigenous Parliament v. Ministry of Energy and Mines (Escobal Mine)
Xinka Indigenous Parliament v. Ministry of Energy and Mines (Escobal Mine)
About this case
Filing year
2017
Status
Pending
Geography
Court/admin entity
Guatemala → Constitutional Court
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Natural resource extraction (Global)Suits against governments (Global) → Human Rights (Global) → Indigenous Groups (Global)
Principal law
Guatemala → Political ConstitutionInternational Law → ILO Indigenous and Tribal Peoples Convention 169
At issue
Whether mining activities must be suspended until the State fulfills its obligation to conduct free, prior, and informed consultation.
Topics
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Documents
Filing Date
Document
Type
Topics 
Beta
Search results
09/03/2018
Other
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Summary
Xinka Indigenous communities challenged the Escobal silver mining license on the grounds that the State failed to conduct Indigenous consultation prior to approval. The Constitutional Court suspended the license and ordered the State to conduct a consultation process, which remains ongoing.
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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance