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November 2004

Lic. Oscar Berger, President of the Republic of Guatemala

Dear Mr President,

We write to you as friends of the Guatemalan people. We wish to express our support for the members of the "Frente por la Vida" Coalition[1], who have informed us about the arrival of a mining company, Montana Exploradora, a subsidiary of Glamis Gold and the start of the Marlin gold and silver mining project in the Department of San Marcos (municipalities of San Miguel Ixtahuacán and Sipacapa). We understand that the Government of Guatemala issued a permit for this open pit mine, without the prior and informed consent of the Mam and Sipacapense indigenous people who live in those municipalities.

The Frente has asked the international community for support in their demand that the Government of Guatemala fulfill its obligations according to Convention 169 of the International Labour Organization (ILO), which it has signed and ratified. Convention 169 states that Indigenous Peoples 'have the right to decide their own priorities for the process of development as it affects the lands they occupy or otherwise use'. It also says that 'they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.'

Based on the rights accorded to them by Convention 169, the Frente por la Vida coalition asks that your government:
  1. Halt further work on the Marlin mine pending the full and informed participation of local communities in the formulation, implementation and evaluation of the plans and programmes for this open pit gold mine.
  2. Change the Mining Law to include a prior and informed consent from the affected indigenous communities for any mining exploration and exploitation permit. The Mining Law should also ban the use of cyanide, which has been prohibited in the state of Montana in the USA. In addition, the royalties should be increased to at least 12% and designated for investments in the affected communities.
  3. Declare a moratorium on new mining permits until the Mining Law has been made congruent with all Guatemalan international commitments, especially Convention 169 of the ILO.
We believe that the Frente has legitimate reason to be concerned about open pit mining given the experience of people in other countries around the world.

A recent study has shown the presence of arsenic above the accepted limits in a similar mine in Honduras . Moreover, mining companies rarely budget enough for clean up and restoration after the mine is finished. This has been observed in developing countries as well as industrialized ones like Canada .

We understand that the Government of Guatemala's intention to attract mining companies is, among other things, to improve the economic situation of the poor. Unfortunately, this does not happen. According to the UN Conference on Trade and Development, poverty has deepened in mining–dependant countries in the last couple of decades. Not many jobs are created and they are short term, as in the case of the San Marcos' project, where the company forecasts only a 10–year long activity, after which the indigenous communities will be left with the destruction and contamination of their environment.

Mr. President, we respect your commitment to "work, in a decisive and transparent way, for the benefit of all Guatemalans".[2] We therefore request your immediate intervention. We, members of the international community, support the demands of the "Frente por la Vida" and will continue to monitor the developments of this case of a flagrant violation of indigenous rights.

Signing Organizations:

Signing Individuals:



[1]

Dialogue space made by civil society organizations who are concerned by the effects of open pit mining and committed to development from the communities.

[2] http://www.guatemala.gob.gt/presidente.htm web–page visited on 17 September 2004