Thousands protest against proposed regulation of community consultations

On April 29, 2011, more than 3,000 people, primarily representatives of indigenous organizations from rural areas of Guatemala, marched through the streets of the capital city to manifest once more their disapproval of current government’s attempt to regulate community referenda via a proposed law presented earlier the same year.  In meetings with state officials, the community delegates presented a position paper justifying the communities’ rejection of the proposed regulation and laying out a series of related demands, including the passage of the Law of Integral Rural Development and the carrying-out of a comprehensive land reform.  The document establishes a 30-day period for the authorities to disband the regulation process and respond to the demands of the signing organizations and communities.   On April 28, as documented on the website of the Comité de Unidad Campesina (CUC), organizations blocked key highways for hours in order to pressure the government to listen to the demands.

On April 11, according to the website of the Ministry of Work and Social Welfare (Ministerio de Trabajo y Previsión Social), “The Presidential Commission for the Redaction of the Regulation of Consultations of Indigenous Peoples of ILO Convention 169 extended until May 31 of the current year the period for receiving proposals and modifications regarding said regulation project.”  The period was extended, according to the website, “. . . so that the Guatemalan population is able to comment and take part in this important convention.”  Referring to the channels by which critiques regarding the proposed law might be submitted, the website states that “It should be indicated that all comments or suggestions can be submitted in writing to the High Dispatch of the Ministry of Work and Social Welfare.”

In an injunction filed at the Constitutional Court on March 23, representatives of 25 municipalities that have carried out community referenda in different parts of the country demanded the suspension of the government’s attempt to regulate community consultations, alleging that the mechanism established to receive comments and suggestions on the proposed law was inadequate and, thus, that the the push for the law’s approval, itself, violated indigenous peoples’ right to free, prior, informed consent as defined in ILO 169.  The Constitutional Court has not made any statements or issued any rulings on the issue.

Outside the Canadian Embassy, representatives of the municipality of San Miguel Ixtahuacán, San Marcos, spoke of the effects of gold mining in their communities.  Along with the neighboring municipality of Sipakapa, San Miguel Ixtahuacán is home to the Marlin I mine owned by Montana Exploradora, a subsidiary of the Canadian company Goldcorp.  More than one year ago, on May 20, 2010, the Interamerican Human Rights Commission, part of the Organization of American States, granted precautionary measures in favor of San Miguel Ixtahuacán and Sipakapa, ordering that the Guatemalan government suspend the activities of the Marlin I mine until it can be independently proven that the mine’s operations pose no significant risk to the local population.  To date, the mine’s operations continue.

Graham Hunt

The march also passed by the U.S. Embassy and the headquarters of Cementos Progreso, a Guatemalan company with a controversial cement production facility in San Juan Sacatepéquez, to the west of Guatemala City.