This is only the latest example of country’s pressuring—and even threatening—IACHR to weaken human rights decisions. Several months ago, under threat that Brazil would revoke its funding, the IACHR backed down from its order to Brazil to halt construction of the controversial Belo Monte dam based on allegations that the right of local indigenous communities to free, prior and informed consent had not been respected.

“Questions need to be asked about what kind of pressure the IACHR was under when it made this decision to modify the order,” says Jennifer Moore, Latin America Program Coordinator for MiningWatch Canada. “It is unconvincing that the IACHR would be satisfied with the evidence that the company-sponsored water committee and Guatemalan government have presented. The most recent hydro-geological study lauded by the government does not resolve the question of whether the mine is contaminating the local drinking water and its neutrality has been roundly criticized by local authorities. Furthermore, I’m surprised to see no mention of other independent studies that indicate depletion of surface water supplies, arsenic contamination and possible leakage from the tailings pond.”

The modification of the IACHR order does not affect the underlying petition, currently under consideration at the Commission, which alleges that failure of the government to obtain the free, prior, and informed, consent of the communities before developing the Marlin mine.   According to the precautionary measures that remain in place, Guatemala has an ongoing obligation to ensure the quality of water sources serving the communities is suitable for domestic and irrigation uses. The modified measures further request that the Government advise the IACHR as to the manner in which it is fulfilling this duty.

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