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 and gave the government six months to award a land title to the community, also ordering the creation of a development fund. Concerning mining impacts, the court required the State to refrain from authorizing or continuing activities that affect the land until these rights are secured, and to conduct a prior, free and informed consultation with the community before any decision on mining operations is issued. Solway said that it agreed with the decision. The case is closed.

IACtHR judgement (in Spanish): accessible here