OPEN LETTER TO GOVERNMENT OF GUATEMALA

On the precautionary measures granted by the Inter American Commission on Human Rights to communities of the Maya indigenous peoples of the Sipacapa and San Miguel Ixtahuacán Municipalities in the Department of San Marcos, Guatemala

Brussels, October 2010.

OPEN LETTER TO GOVERNMENT OF GUATEMALA

On the precautionary measures granted by the Inter American Commission on Human Rights to communities of the Maya indigenous peoples of the Sipacapa and San Miguel Ixtahuacán Municipalities in the Department of San Marcos, Guatemala

Mr. Alvaro Colom President of the Republic of Guatemala.

We, the undersigned members of the European Parliament express our concern regarding the information received about the alleged violations of human rights of the Maya peoples (Sipakapense and Mam) of the Sipacapa and San Miguel Ixtahuacán Municipalities in the Department of San Marcos, in the framework of the mining of the Marlin I project and other activities related to the concession granted to the company Goldcorp/Montana Exploradora de Guatemala S.A. These alleged violations led the Inter American Commission of Human Rights (henceforth “the IACHR”) to grant precautionary measures for the members of these communities on May 20, 2010.

These precautionary measures, which respond to the same concerns we express, aim to avoid serious and irreparable harm to the human rights of these communities.We urge the State of Guatemala to carry out efficient implementation of these measures, whichrequest, interalia: “the suspension of mining of the Marlin I project and other activities related to the concession granted […]; adoption of the necessary decontamination measures […] assurance of [community] members’ access to water fit for human consumption; addressing health problems […]; adoption of any other necessary measures to guarantee the life and physical integrity of the members of the 18 aforementioned Maya communities; and planning and implemention of the protection measures with the participation of the beneficiaries and/or their representatives”.

We appreciate that the State of Guatemala, on the initiative of the Prosecutor General (Procurador General de la Nación), began the administrative process to suspend operations of the Mining Law Marlin I on August 10, in order to comply with the commitments made under International Human Rights Law. We ask the Government to keep us informed on progress and results in the implementation of this process, to report to us on the extent to which precautionary measures are being implemented, and to inform us about the participation of the representatives of the communities in the planning and implementation of these measures.

We further voice our concern in relation to the growing climate of conflict in the villages surrounding the mine, the attracks against individuals opposed to mining, as well as alleged arrest warrants against leaders and spokepersons for the affected communities. We ask the government to keep us informed on the specific actions taken to protect the life and physical integrity of the members of the 18 communities, until the IACHR adopts a decision on the merits of the petition associated with this request for precautionary measures.

The strengh of the Inter American human rights system and compliance with the obligations undertaken through the Inter American Convention on Human Rights are essential for strengthening the political, economic and social development of the region, and represent the basis of the European Union’s relations with Central America. The Partnership and Cooperation Agreement in force and the recently signed Association Agreement have at their foundation the democratic and human rights clause. This clause gives us confidence that the State of Guatemala will comply with the precautionary measures granted by the IACHR.