Guatemala: Constitutional Court confirms suspension of Tahoe Resources' Escobal mine & orders consultation process with indigenous peoples

The Constitutional Court of Guatemala confirmed the suspension of Tahoe’s mine Escobal operated by their filial Minera San Rafael. They have a suspension since 2017, communities alleged that they were not consulted and that their rights were allegedly violated. Tahoe commented on the Court’s resolution.

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Article
10 October 2018

Guatemalan Constitutional Court Resolution Finalized, Allows Commencement of ILO 169 Consultation

Author: BusinessWire

...[T]he Guatemalan Constitutional Court responded to the requested clarifications regarding the Court’s final resolution on the Escobal mining license, dated September 3, 2018.  With this action, the Court’s resolution is now final. There is an administrative period during which the resolution will be sent to the Supreme Court and then to the Ministry of Energy and Mines (“MEM”).  Upon receipt of the resolution, MEM can then begin Stage 1 of the court-ordered ILO 169 consultation process.

The clarifications provided by the Court were predominantly administrative in nature...[T]he Court has now specified that Minera San Rafael (“MSR”) shall work with the EIS [Escobal’s Environmental Impact Study] consultant, or another qualified consultant, and experts at two Guatemalan universities – Universidad del Valle and Universidad de San Carlos – to review, define, and recommend the area of influence to MARN [Ministry of Environment]...The Court’s clarification also reconfirmed that the entire Stage 1 should be completed in one month...

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Item
4 September 2018

Guatemalan Constitutional Court reverses Supreme Court ruling to reinstate Escobal mining license

Author: Tahoe Resources

…Tahoe Resources Inc…reports that it has learned through a Guatemalan Constitutional Court Press Conference held today that the Constitutional Court reversed the Supreme Court’s decision to reinstate the Escobal mining license of Tahoe’s Guatemalan subsidiary, Minera San Rafael…We understand that the Constitutional Court’s resolution orders that the Escobal mining license will remain suspended until the Ministry of Energy and Mines (“MEM”) completes the ILO 169 consultation with the Xinka communities in the region of the Escobal mine. At this time, the Company does not have a timeline for completion of MEM's ILO 169 consultation. However, in the similar case of OXEC, MEM completed the consultation within 6 months. The Constitutional Court is expected to issue a formal resolution in the next several days. Upon review of the written ruling, the Company will provide further updates…

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Item
3 September 2018

Guatemala court confirms suspension of Tahoe mining licenses

Author: Reuters

…Guatemala’s highest court on Monday confirmed the suspension of mining operations at the San Rafael unit of Canadian miner Tahoe Resources Inc., and ordered the government to carry out an immediate consultation of the local indigenous population. The Constitutional Court upheld the suspension of licenses at Tahoe’s Escobal mine, one of the world’s biggest silver mines, and at the company’s smaller Juan Bosco mine. The licenses for the two mines were suspended in July 2017 on the grounds they violated the indigenous population’s rights to be consulted…

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Article
3 September 2018

Tahoe’s Escobal mine license to remain suspended — Guatemalan court

Author: Cecilia Jamasmie, mining.com (Canada)

Precious metals miner Tahoe Resources’...troubles with the communities in the countries in which operates seem far from over, especially after Guatemala's highest court confirmed Monday the suspension of the company’s mining license for its Escobal silver mine.  The Constitutional Court’s ruling ordered the Ministry of Energy and Mines (MEM) to carry out an immediate consultation of the local indigenous population, the Xinka communities, and it also upheld the license suspension for Tahoe’s smaller Juan Bosco mine.  The company said it was currently unable to provide a timeline for completion of the consultation...Escobal, the world's third largest silver mine, has been shut since July 2017 after the country’s Supreme Court provisionally ordered so following an appeal from environment and human rights organization CALAS.  That group alleged the MEM had not consulted with the local indigenous group before awarding the license to Tahoe’s local unit, Minera San Rafael.  The miner has noted the Guatemalan Constitutional Court heard appeals of the Supreme Court’s decision to reinstate the Escobal mining license on Oct. 25, but has yet to issue a verdict of its own despite being required to do so within five days of the public hearing...

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