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One year ago, hundreds of Xinka People gathered in Guatemala City’s central park to announce their decision to deny consent for Pan American Silver’s Escobal mine in their territory.
The announcement was the culmination of a more than eight-year long consultation process ordered by Guatemala’s Supreme Court in 2017. The consultation has been led by the Guatemalan Ministry of Energy and Mines, and according to the company’s website, the company “fully respect(s) this process.”
While administrative aspects of the consultation are still ongoing, the Xinka People’s decision marked an important milestone in the process, making it impossible for Pan American Silver to re-open the mine and respect its commitments to human rights and Indigenous People’s rights.
Silence from Pan American Silver
Pan American Silver has still not publicly recognized or adequately disclosed the Xinka Peoples’ decision to deny consent. It has not explained how the decision will impact its investment or the financial costs of adequately closing the Escobal mine.
Saying One Thing, Doing Another
That silence is inconsistent with the company’s Global Human Rights Policy, which states that it will “recognize and respect cultural values, beliefs and traditions of people in the countries and communities in which we operate and the rights of indigenous peoples.”
The Xinka People’s May 2025 decision is the culmination of a rigorous process that included in-depth information gathering and analysis of the environmental and cultural impacts of the mine by Xinka authorities with the support of technical experts.
The company’s Global Human Rights Policy also includes a commitment to “act with transparency and avoid knowingly being complicit in activities that cause, or are likely to cause, adverse human rights impacts.” This is important given the Escobal mine has been marred in controversy and marked by violence. The mine was the subject of a civil suit filed in British Columbia by shooting victims against the previous mine owner.
Throughout the consultation process, Xinka and other community leaders have pointed to Pan American’s community engagement programs and communication efforts, like mine visits and social media campaigns, as a problem. They said these public relations efforts spread misinformation and undermined the possibility of a good faith process. And yet the company persists with these types of community relations activities.
Strong Opposition to the Mine
The widespread opposition to this mine since 2011 is well documented. On more than 16 occasions in the last 15 years, Xinka people and other local residents have voted overwhelmingly against the mine in municipal and community level referendums.
There is also an around-the-clock encampment that has remained in the town of Casillas, 15 km from the mine, for nearly nine years to monitor mine-related traffic. This enables the community to make sure the company did not resume mining.
Bringing the Message Home to Pan American Silver
Xinka leaders and allies have brought the message to Pan American Silver’s home country of Canada. On May 4, Canadian Member of Parliament and Green Party leader, Elizabeth May, formally tabled a petition in the House of Commons demanding respect for the Xinka People’s decision. With over 700 signatures from 12 provinces across the country, the petition urges the Government of Canada to reaffirm the Xinka People’s right to free, prior and informed consent and self-determination, and to support the safety and security of Xinka defenders.
The Canadian government has 45 days from the tabling of the petition to respond. The petition also urges Pan American Silver and Guatemalan authorities to respect the results of the consultation. In November 2025, concerned citizens in Vancouver delivered another petition with over 6,000 signatures to Pan American Silver’s office, demanding respect for Xinka People’s self-determination. This petition was the culmination of the second visit of Xinka leaders to Canada in 2025, to demand the company respect their decision in the consultation process.
Standing in Solidarity
Earthworks is proud to amplify the decision of the Xinka People, to reinforce their efforts, and to stand in solidarity with the larger movement in Guatemala that is defending land, water and the right to a clean and healthy environment.
Like Indigenous Peoples everywhere, the Xinka People have a right to decide their own future. They have a right to say yes, yes with conditions, or no to mining. Now that the Xinka People have formally denied consent for the Escobal Mine, we continue to join partners in Canada, Guatemala, and around the globe who are lifting up their urgent message.
We know Pan American Silver can hear us. The question is — will they take action?