COPAE  2006-09-13 15:13   

In the past years several community consultations regarding mining explotation had been held in different municipalities of Guatemala. A lot of people had been trying to delegitimize this events due to the lack of a voting code by the Electoral Supreme Tribunal. However all the community consultations regarding the mining activity that had been held until today, were based on the following legal articles:

Municipal Code .
Applicable Articles:

Article 63. Community Consultation. When the importance of a matter shows that it will be convenient to consult the opinion of the citizens, the Municipal Council, with the vote of two thirds (2/3) of its members, can call for a Consultation taking into consideration the particularities that are in the following articles.

Article 65. Community Consultations or Indigenous Authorities Consultation. When the nature of an event affects specifically the rights or interests of the indigenous communities of the municipality or their own authorities, the Municipal Council will make consultations at the request of the communities or indigenous authorities, even applying criteria from the local costumes and traditions of the indigenous communities.

Article 66. Modalities of these Community Consultations. The modalities of the consultations referred in the articles 64 and 65 of this Code, and others, could take place on the following ways:

1.Consultation with a ballot designed technically and specifically for this event, explaining in the notification the matter to deal with, the date and places where the consultation will be held.

2.Application of the own community legal system for the case.

Convention 169 of the International Labour Organization

Article 15

1. The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially safeguarded. These rights include the right of these peoples to participate in the use, management and conservation of these resources.

2. In cases in which the State retains the ownership of mineral or sub-surface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures through which they shall consult these peoples, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programs for the exploration or exploitation of such resources pertaining to their lands. The peoples concerned shall wherever possible participate in the benefits of such activities, and shall receive fair compensation for any damages which they may sustain as a result of such activities.

Guatemalan Political Constitution.

Article 66. Protection to Ethnic Groups.
Guatemala is conformed by diverse ethnic groups among whom we have the indigenous groups of Mayan ascendency. The State recognize, respect and promote their ways of life, costumes, traditions, social organizations forms, use of indigenous dress in men and women, languages and dialects.

This article distinguishes the Guatemalan State and shows the multi
ethnicity as essential for the life of the State. It also establishes that Mayans do exist, as well as their legal and political system and its way to look for and implement their development. It´s not only limited to acknowledge it but it also recognize the compulsoriness of respect and promote.