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Lawsuit

7 Aug 2020

Government of Guatemala IACHR lawsuit (re Indigenous rights violations by permitting Fenix nickel mine)

Status: CLOSED

Date lawsuit was filed
7 Aug 2020
Not applicable
Indigenous peoples, NGO, Human Rights Defender, Individual
Location of Filing: Costa Rica
Location of Incident: Guatemala
Type of Litigation: International body

Companies

Solway Group Switzerland Chemical: General, Diversified/Conglomerates, Cement, Metals & steel, Mining

Against other:

Government

Sources

Snapshot: On 7 August 2020, the Indian Law Resource Center, the Maya Q'eqchi' Agua Caliente Community and Mr Rodrigo Tot filed a petition with the Inter-American Court for Human Rights (IACHR). They argued that the Guatemalan Government violated their rights by permitting mining activities on their tribal land without proper consultation and recognition of their property rights. On 16 May 2023, the IACHR ruled that Guatemala violated the rights of the Q’eqchi people to property and adequate consultation by permitting the Fenix nickel mine on their tribal land. The court also ordered an immediate stop to all mining activities, gave the government six months to award a land title to the community, and ordered the creation of a development fund. Solway saidthat it agreed with the decision. The case is closed.