International court rules against Guatemala in landmark Indigenous and environmental rights case

MEXICO CITY (AP) — Guatemala violated Indigenous rights by permitting a huge nickel mine on tribal land almost two decades ago, according to a ruling from the Inter-American Court of Human Rights Friday.

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.

It also comes at the close of the United Nations climate summit COP28, which stressed the importance of renewables and energy transition minerals like nickel more than ever.

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.

Guatemala will have six months to begin the process of awarding a land title to the community, and was ordered to set up a development fund.

The Guatemalan environmental department did not immediately respond to an Associated Press request for comment.

“For us it is the most important development in a century, for a country which has no law recognizing indigenous land rights,” said Leonardo Crippa, an attorney with the Indian Law Resource Center who has been researching and representing the community since 2005.

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 a community leader dead. Hudbay sold the site to a local subsidiary of Swiss-based Solway Investment Group two years later.

After over a decade of national and now international litigation, leaked documents in 2022 appeared to...