The landmark verdict marks a monumental step in a four-decade struggle for Indigenous land rights and a long, bitter legal battle, which has at times spilled into the streets of northern Guatemala.
According to a verdict read from Costa Rica in the early hours of the morning, the Guatemalan government violated the rights of the Indigenous Q’eqchi’ people to property and consultation by permitting mining on land where members of the community have lived at least since the 1800s.
In its written sentence, the court linked the human rights violations to “inadequacies in domestic law,” which fail to recognize Indigenous property and ordered the state to adopt new laws.
Guatemala first granted massive exploratory permits at the Fenix mine in eastern Guatemala to Canadian company Hudbay just under two decades ago. In 2009, the mine’s head of security shot Tot’s son dead. Hudbay sold the site to a local subsidiary of Swiss-based Solway Investment Group two years later.
“Losing your life doesn’t matter, but only for something important,” Tot said. “Within our anthem there is a part where it says ‘overcome or die.’ If I die defending my land, then I believe it is something that will remain as the history of our struggle.”
That’s great and all, but the problem is you’re punishing already poor underdeveloped countries instead of the developed countries like Canada and Switzerland who are the real cause of these problems. It’s unjust. Countries like Canada only exist because of the very thing other countries are getting punished for
Yup. Canada has a gd dismal record of doing shitty things in poorer nations while mining. And NOBODY is held to account for it.
New rule = if you murder someone while you’re in their nation working, you get charged, sentenced and jailed just like anyone else would.