REPORT: Guatemalan government discriminates against Xinka, puts Escobal mine consultation at risk

One year after the Constitutional Court ordered the Ministry of Energy and Mines to consult with the Xinka, over a thousand people mobilize to denounce illegalities and discrimination in the process.

SUMMARY

• The consultation process led by the Ministry of Energy and Mines (MEM) currently relies on a decision over the company’s area of influence that was made before the consultation had officially begun, putting the legality of the current process in question.
• MEM continues exclusionary and discriminatory practices that first led to the Constitutional Court’s suspension of the Escobal project, including failing to respect the rights of the Xinka to determine how they will be represented in the process and holding meetings without their participation.
• The Supreme Court has failed to respond to repeat complaints the Xinka Parliament has filed since November 2018 about lack of due process, Indigenous participation and discrimination.
• Complaints also include accusations of influence-peddling against the government, given that the company announced advances in the process before the Xinka Parliament was notified it had begun.
• Concurrently, the Xinka Parliament has faced a sharp increase in threats against its leadership and members of the resistance, undermining their security and the ‘free’ nature of the process.
• In August 2019, the Xinka Parliament appealed directly to the Constitutional Court due to the Supreme Court’s lack of response to their complaints.
• On September 3^rd, 2019, the first anniversary of the Constitutional Court decision, over a thousand people marched in Guatemala City to demand that the high court defend Xinka people’s rights.
• Continuing the consultation without due process or full respect and inclusion of the Xinka and their representative organization jeopardizes its legality and legitimacy.
• Unless the process is reset to stage one – review of the mine’s area of influence – with robust inclusion of and respect for the Xinka people and the Xinka Parliament, it is at risk of losing all social support.