The community consultation process is one of the forms of resistance of indigenous peoples in terms of territorial defense. On 28 January, ACOGUATE accompanied by representatives of eight municipalities in Huehuetenango and the Departmental Assembly by the Natural Resources Defense of Huehuetenango who came to the capital to deliver the "Declaration peoples of North and Mining Free Huehuetenango of Megaprojects "Congress, the Ministry of Energy and Mines (MEM) and the Human Rights Ombudsman (PDH). The department of Huehuetenango is the major metallic mineral reserves of the country and at the same time, is where most community opposition has spoken out against the mining industry (1).
The November 24, 2009, members of eight municipalities of Huehuetenango met in the framework of the "Declaration of the People Northern Huehuetenango Free mining megaprojects" in San Sebastian Coates. The event was organized by municipal and community authorities, local organizations of the Mayan peoples Qanjobal, Chuj and Acateco, Huehuetenango Departmental Assembly of Natural Resources Defense Council and the Peoples of the West (2). This statement welcomes the EU consultations in the eight municipalities of the northern department (3). In these municipalities, the population voted against the mega projects and mining exploitation in its territory. It is the second region of the department who holds a statement of this kind since September 2008, five municipalities in the region were declared free Huista mining megaprojects. Since 2006, the department of Huehuetenango has consulted in 28 of the 32 municipalities in the department became the most high query rates. On 18 January this year, held the final consultation Cantinil Union. In this first visit of 2010, 6, 879 inhabitants of the 17.540 inhabitants of the municipality rejected mining exploration and exploitation in their territories (4).
Consultation is a right granted to indigenous people supported by various national and international legal instruments. This law allows indigenous peoples to decide when they national or international projects that may affect their territory and their way of life. It is also a tool to inform, raise awareness and give voice to these communities (5). However, as indicated by the Constitutional Court in its decision of May 8, 2007, the outcome of the consultations is not binding on the State (6). Nationally, the right to consultation is backed by the Constitution of the Republic and the Municipal Code. The Constitution states in Article 66 which refers to ethnic groups in Guatemala, including the Maya people, who " The State recognizes, respects and promotes their ways of life, customs, traditions, forms of social organization, use of traditional dress for men and women, languages \u200b\u200band dialects "(7). For its part, the Municipal Code states in its Article 65 that " where the nature of a matter affecting in particular the rights and interests of indigenous communities in the municipality or of its own authorities, the City Council will hold consultations at the request of indigenous communities or authorities applying their own criteria including the customs and traditions indigenous communities "(8).
addition, at the international level, Convention 169 of the International Labour Organization (ILO) governing consultations in good faith, which is the proper way of doing consultation of indigenous peoples (9). Article 6.1 states that " to implement the provisions of this Convention, governments shall: a) consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly "(10). In addition, consultations in good faith is an ancient practice of customary law of the Mayan communities. Carlos Loarca confirms that " according to Guatemalan legal pluralism, consultations have always been in force in the communities. Its decisions are legitimized through sharing of information, dialogue and consensus. What human rights instruments call the free, prior and informed "(11).
Based on this national and international legal framework, mayors of five of the eight municipalities that make up the northern region of Huehuetenango, community and leaders of the Departmental Assembly of Huehuetenango by the Natural Resources Defense came to the capital Jan. 28 to deliver the declaration. His intention was to reaffirm the opposition of the people to mega-projects. Delivery is also part of a strategy to monitor democratic processes with the relevant authorities. According to the Departmental Assembly, " [t] his statement is part of the participatory process and decision making of people in defense of territory and follow up community consultations, the social structure from the territories as a legitimate and peaceful mechanisms, compared to today's threats of mega-projects as part of the neoliberal agenda and the model false development that successive governments have been promoting "(12). Huehuetenago delegation came to Congress to give a press conference and deliver the statement to members of the department. Then, they were received at the offices of the Ministry of Energy and Mines (MEM). They ended their tour of the capital with the delivery of a copy of the document at the offices of the Office of Rights Human.
expression of opposition to mining communities, through community consultations, has failed to stop the grant of licenses or the continuation of projects already having a license. Firestone Ventures The company said in January that it had completed the first phase of its exploration program of zinc, lead and silver for the Torlon Hill project in the municipality of Chiantla, Huehuetenango, despite the results of the consultation carried out in the same municipality in 2008 that showed 32.971 people against mining and 27 in favor. "(13) Meanwhile, in March 2010, the Labor Movement in Guatemala Indigenous and Campesino (MSICG) released a report on the right to consultation of indigenous peoples in Guatemala (14) in which he concludes that the Government has not yet fulfilled its commitment reiterated by several international and national instruments to respect the rights of indigenous peoples. The statements and demands of the mayors expressed Huehuetengo on January 28 resonates in a report just published by the International Labour Office recommends that the Guatemalan State " [a suspension] immediately the alleged activities as are carried out and evaluate, with the participation of the peoples concerned, the social, spiritual, cultural and environment of planned activities and the extent to which the interests of indigenous peoples would be harmed ... "(14) now have to await the response of government and monitoring by Huehuetengo peoples in their struggle to defend its territory .
............................ Footnotes The November 24, 2009, members of eight municipalities of Huehuetenango met in the framework of the "Declaration of the People Northern Huehuetenango Free mining megaprojects" in San Sebastian Coates. The event was organized by municipal and community authorities, local organizations of the Mayan peoples Qanjobal, Chuj and Acateco, Huehuetenango Departmental Assembly of Natural Resources Defense Council and the Peoples of the West (2). This statement welcomes the EU consultations in the eight municipalities of the northern department (3). In these municipalities, the population voted against the mega projects and mining exploitation in its territory. It is the second region of the department who holds a statement of this kind since September 2008, five municipalities in the region were declared free Huista mining megaprojects. Since 2006, the department of Huehuetenango has consulted in 28 of the 32 municipalities in the department became the most high query rates. On 18 January this year, held the final consultation Cantinil Union. In this first visit of 2010, 6, 879 inhabitants of the 17.540 inhabitants of the municipality rejected mining exploration and exploitation in their territories (4).
Consultation is a right granted to indigenous people supported by various national and international legal instruments. This law allows indigenous peoples to decide when they national or international projects that may affect their territory and their way of life. It is also a tool to inform, raise awareness and give voice to these communities (5). However, as indicated by the Constitutional Court in its decision of May 8, 2007, the outcome of the consultations is not binding on the State (6). Nationally, the right to consultation is backed by the Constitution of the Republic and the Municipal Code. The Constitution states in Article 66 which refers to ethnic groups in Guatemala, including the Maya people, who " The State recognizes, respects and promotes their ways of life, customs, traditions, forms of social organization, use of traditional dress for men and women, languages \u200b\u200band dialects "(7). For its part, the Municipal Code states in its Article 65 that " where the nature of a matter affecting in particular the rights and interests of indigenous communities in the municipality or of its own authorities, the City Council will hold consultations at the request of indigenous communities or authorities applying their own criteria including the customs and traditions indigenous communities "(8).
addition, at the international level, Convention 169 of the International Labour Organization (ILO) governing consultations in good faith, which is the proper way of doing consultation of indigenous peoples (9). Article 6.1 states that " to implement the provisions of this Convention, governments shall: a) consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly "(10). In addition, consultations in good faith is an ancient practice of customary law of the Mayan communities. Carlos Loarca confirms that " according to Guatemalan legal pluralism, consultations have always been in force in the communities. Its decisions are legitimized through sharing of information, dialogue and consensus. What human rights instruments call the free, prior and informed "(11).
Based on this national and international legal framework, mayors of five of the eight municipalities that make up the northern region of Huehuetenango, community and leaders of the Departmental Assembly of Huehuetenango by the Natural Resources Defense came to the capital Jan. 28 to deliver the declaration. His intention was to reaffirm the opposition of the people to mega-projects. Delivery is also part of a strategy to monitor democratic processes with the relevant authorities. According to the Departmental Assembly, " [t] his statement is part of the participatory process and decision making of people in defense of territory and follow up community consultations, the social structure from the territories as a legitimate and peaceful mechanisms, compared to today's threats of mega-projects as part of the neoliberal agenda and the model false development that successive governments have been promoting "(12). Huehuetenago delegation came to Congress to give a press conference and deliver the statement to members of the department. Then, they were received at the offices of the Ministry of Energy and Mines (MEM). They ended their tour of the capital with the delivery of a copy of the document at the offices of the Office of Rights Human.
expression of opposition to mining communities, through community consultations, has failed to stop the grant of licenses or the continuation of projects already having a license. Firestone Ventures The company said in January that it had completed the first phase of its exploration program of zinc, lead and silver for the Torlon Hill project in the municipality of Chiantla, Huehuetenango, despite the results of the consultation carried out in the same municipality in 2008 that showed 32.971 people against mining and 27 in favor. "(13) Meanwhile, in March 2010, the Labor Movement in Guatemala Indigenous and Campesino (MSICG) released a report on the right to consultation of indigenous peoples in Guatemala (14) in which he concludes that the Government has not yet fulfilled its commitment reiterated by several international and national instruments to respect the rights of indigenous peoples. The statements and demands of the mayors expressed Huehuetengo on January 28 resonates in a report just published by the International Labour Office recommends that the Guatemalan State " [a suspension] immediately the alleged activities as are carried out and evaluate, with the participation of the peoples concerned, the social, spiritual, cultural and environment of planned activities and the extent to which the interests of indigenous peoples would be harmed ... "(14) now have to await the response of government and monitoring by Huehuetengo peoples in their struggle to defend its territory .
1.Luis Solano, The transnationalization of the extractive industry: The capture of mineral and hydrocarbon resources, The Observer No 19, June-July 2009, p. 9. 2.Comunicado
press statement Qanjobal peoples, Chuj and Acateco "Free Mining and Megaprojects", 28/01/10, mayors of the municipalities of San Juan Ixcoy, San Pedro Soloma Santa Eulalia, San Mateo Ixtatán, Barillas, San Sebastian Coates, San Rafael and San Miguel Independence Acatán, Assembly for the Defense Department of Natural Resources.
Ixcoy 3.San Juan, San Pedro Soloma, Santa Eulalia, San Mateo Ixtatán, Barillas, San Sebastian Coates, San Rafael and San Miguel Independence Acatan. 4.Comunicado
press Cantinil Union Says No to Mining, 01/19/1910, municipal coordination of the Community Consultation Cantinil Union, Huista Network Members of the Assembly of Huehuetenango by the Natural Resources Defense and Council of Peoples of the West. 5.Territorios
indigenous Guatemalan democracy under pressure " Collectif Guatemala, The Network in Solidarity with the People of Guatemala (NISGUA), Rompiendo el Silencio, Peace Watch Switzerland, Movimiento Sueco por la Reconciliación (SWEFOR), Guatemala Solidarity Network, Cadena por un Retorno Acompañado (CAREA) y Solidaridad con Guatemala de Austria, Junio de 2009, p. 9. [http://www.guatemala.at/ido%20smi/ido_sanmiguel.pdf]
6.Decisión de la Corte de Constitucionalidad de Guatemala del 8 de mayo de 2007, en la cual calificó de legal y legítima la consulta de Sipakapa (San Marcos) del 18 de junio de 2005, pero no vinculante. (Expediente 1179-2005).
7.Artículo 66, Constitución Política de la República de Guatemala, reformada por Acuerdo legislative No. 1918-1993 of 17 November 1993 (http://www.oas.org/Juridico/MLA/sp/gtm/sp_gtm-int-text-const.pdf). 8.Artículo
65, Municipal Code (http://www.congreso.gob.gt/archivos/decretos/2002/gtdcx12-2002.pdf). See also Articles 63 and 66. 9.Territorios
indigenous Guatemalan democracy under pressure ", op.cit. 10.Artículo
6.1, Convention Concerning Indigenous and Tribal Peoples, ILO, 1989 (http://www.ilo.org/ilolex/spanish/convdisp1.htm). See also Articles 6.2, 7 and 15. 11.Carlos
Loarca, community consultation and democratic participation, The Observer No 19, June-July 2009, p. 59. 12.Campo
paid Peoples Declaration Qanjobal, Chuj and Akateko "Free Mining and Megaprojects" Huehuetenango Assembly by the Natural Resources Defense Council and the People of the West, 29/12/1910, Prensa Libre (http://www .fundacioncedim.org/portal2/index2.php? option = com_content & do_pdf = 1 & id = 458). 13.Territorios
indigenous Guatemalan democracy under pressure ", op.cit.
14.MSICG, The Right of Indigenous Peoples' Consultation in Guatemala: The break between the discourse and practice (Period 1996 - March 2010) in March 2010. International Labour 15.Oficina
. 2010. "Report of the Committee of Experts on the Application of Conventions and Recommendations. "
