March 7, 2018 Jerson Ramos
The Constitutional Court (CC) required a series of reports to continue with the analysis of the legal actions taken by the suspension of operations of the San Rafael Minera in Santa Rosa.
In a press conference, the secretary of the constitutional court, Martn Guzmn, explained that this is an extensive case, for which it was determined to request additional documentation on these specific points:
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Studies to determine the situation of the exploitation of natural resources in the area, and damage to the environment.
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Studies to determine the existence of Xinca communities in the sector where extractive activities take place.
The reports must be submitted within 15 days by the Ministry of Energy and Mines (MEM), Ministry of Culture and Sports, Institute of Inter-ethnic Studies of the University of San Carlos de Guatemala and Center for Archaeological and Anthropological Research of the University from the valley.
The University of San Carlos of Guatemala is one of the instances that must issue reports on the case of the San Rafael Minera, as ordered by the Constitutional Court. Photo: Santiago Billy / Digital Diary MEM authorized exploitation
Minera San Rafael requested the MEM to license operations in September 2011, which thereafter experienced favorable and adverse actions:
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On April 3, 2013 , the mining exploitation license is granted.
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In January 2014 , operations begin.
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On July 5, 2017, the Supreme Court of Justice (SCJ) provisionally suspends extractive activities.
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Five months later, on December 8 of that year , the CSJ revoked the previous ruling and allowed to operate. On that occasion, the obligation is ordered that the State call a dialogue with communities near the project to inform them of the mining activity, according to Andrs Dvila, spokesperson for the San Rafael Mining Company.
Dvila stressed that 168 days have passed since the public hearing was held in the CC to issue a final ruling on the case, and there is still no clear answer.
The institutions to which the reports were requested are serious, but we hope that they will stay that way when the requested studies are carried out. Although we do not understand why these documents are requested, because they are in the file, " said Dvila.
On February 15, four workers of the mining company were detained, including two managers, but after a negotiation they were released.
Two managers of the San Rafael mine are retained by residents of Casillas, Santa Rosa. Photo: San Rafael Mine / Diario Digital