As authorities and representatives of the Xinka Communities, we publicly denounce that the Supreme Court of Justice has committed malicious delay and has not acted with due diligence to resolve the various complaints and petitions that we have presented in relation to the proper execution of the sentence as ordered by the Constitutional Court in the case file 4785-2017. The Ministry of the Environmental and Natural Resources and the Ministry of Energy and Mines have deliberately violated the decision of the Constitutional Court in a totally arbitrary manner, which could mean they are openly engaging in crimes given the [Supreme Court] has not issued a response to communities’ petitions. Similarly, it is relevant to highlight that the Ministry of Energy and Mines (MEM) and the Ministry of the Environment and Natural Resources (MARN) have breached the Constitutional Court order. [These institutions] have openly committed the crime of disobedience because they have not complied with the Constitutional Court order in relation to Consultation with the Xinka People within case file 4785-2017.
Similarly, on various opportunities we have denounced Minera San Rafael’s violation of the Constitutional Court order given that despite the suspension of operations, [the company] continues carrying out community-relations work as well as publicity, which goes against and is a violation of the Free character of the consultation and the principle of Good Faith. For this reason, we have asked this court to order Minera San Rafael to strictly fulfil the Constitutional Court order.
Notwithstanding the above, as of today these complaints [to the Supreme Court of Justice] have not been resolved, which is why we are here today demanding it strictly uphold the Constitutional Court order. [The Supreme Court’s] inaction incurs responsibilities as set out in the appeal law. In the absence of a timely response, we will need to return to the streets to demonstrate and protest, massively and peacefully, as we have done before. We are not willing to allow [ministries or the Supreme Court] to flout the law and violate the decisions of the Honorable Constitutional Court.
Also, the Xinka People want to express our full support for the Magistrates of the Constitutional Court and demand the government of Jimmy Morales and the representatives of the Congress of the Republic and all other officials of the current government to immediately uphold the full power of the Constitutional Court because we, as Xinka People, are vigilant and demand that constitutional order be respected.
To the Ministry of Energy and Mines, we demand respect for our own forms of organization that do not attempt to limit our rights as Indigenous Peoples. [We demand the Ministry of Energy and Mines] act in an objective and impartial way given that during this process and over all of these years, it has been shown that its actions have only sought to benefit the entity Minera San Rafael, Sociedad Anónima. It would appear that the government, specifically the Ministry of Energy and Mines, has been Minera San Rafael’s most important public relations officer, and it is for this reason that we demand the Ministry of Energy and Mines (MEM) act in an ‘objective and impartial’ manner, that strictly fulfills the Constitutional Court decision.
Finally, we request respect and acceptance of the community representatives affected by the El Escobal mining project so that they can represent us in the consultation process by virtue of the sentence dated September 3, 2018 within the case file 4785-2017. Our rights should be respected according to international standards set out in international instruments related to Indigenous people, the Interamerican Human Rights System, as well as the observations and recommendations of the distinct international bodies related to the Rights of Indigenous People. As Xinka people, we are vigilant, and we are not going to permit any noncompliance with the Constitutional Court order.
February 26, 2019