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| The Council presents their demand on September 3, 2013. Photo: CPO |
On February 28, 2013, the Guatemalan Constitutional Court dismissed the Council’s challenge of unconstitutionality filed against the mining law on March 12, 2012.
As a result of leaving the current Mining Law in force, the State of Guatemala violates its responsibilities under international law, under which it is obliged to guarantee the effective exercise of our rights to political participation, consultation and consent regarding such legislation.
The collective and individual human rights that have been violated by the State of Guatemala are:
a. Political Rights – the rights to participation, consultation and consent as recognized in article 23.1 of the American Convention on Human Rights (The Convention).
b. Right to equality under the law as recognized in article 24 of the Convention.
c. Right to legal guarantees and judicial protection – right to access to justice – as per articles 8.1 and 25.1 of the Convention, in relation to articles 1.1 and 2 of the Convention.
Based on the description of the facts and declaration of the rights that have been violated; we request that the Inter-American Commission on Human Rights:
a. Proceed with the analysis of our case and request the relevant observations from the state of Guatemala;
b. Emit the pertinent report regarding admissibility of the case;
c. Determine the responsibility of the state of Guatemala for violation of articles 23.1.a., 24, 8.1, and 25.1, related to articles 1.1 y 2 of the Convention through the elaboration of an in-depth report.
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