Progress

938 signed
62 more needed

Sign the Petition to

Daniel Kappes, President of KCA

KCA President Daniel Kappes,

I call on Kappes, Cassiday & Associates to take all steps necessary to ensure that your subsidiary, Exploraciones Mineras de Guatemala (EXMINGUA), complies with the recent Guatemalan court ruling ordering the company to suspend construction activity at the El Tambor mine.

The July 15 preliminary injunction (Amparo 01050-2014-00871) clearly states that EXMINGUA has been operating without valid permits from the municipal government. In its defense, EXMINGUA presented alleged permits to the court whose dates and content did not match municipal records. The court concluded that EXMINGUA is operating illegally, “without permit, authorization or approval from the Municipality of San Pedro Ayampuc… to carry out its mining project.”

The ruling also states emphatically that EXIMNGUA’s “consultation” with residents was not valid. The court reiterated the rights of affected communities to be properly consulted through a formal referendum. Residents’ approval is required of any project that affects them before the project can move forward. All construction must stop at El Tambor until a valid consultation is carried out.

Moreover, your mine presents serious health and environmental concerns. The Guatemalan Ministry of Energy and Mines, for example, found “a series of deficiencies” in your company’s Environment Impact Assessment. US experts have also carried out independent evaluations of the EIA and found it contained misleading information, faulty or absent data, and concerning omissions. This not only reflects poorly on your company, but it presents a real and immediate threat for thousands of families who rely on the local water supply to drink and for their economic livelihoods.

These concerns are significant enough for the court to conclude that the municipality’s inaction “violates the constitutional right to life, justice and sustainable development.” It has also ordered Guatemalan public prosecutors to investigate whether there has been any criminal misconduct.

In response to the ruling, the municipality of San Pedro Ayampuc has already ordered construction to be halted. While it is the responsibility of the municipality of San Pedro Ayampuc to apply the law and remedy this situation, it cannot do so without the full cooperation of EXMINGUA and KCA.

I call on KCA to ensure its subsidiary complies with this ruling fully and in good faith and that it suspend all construction operations at the El Tambor mine within the 15-day period established by the court.

Signed,

Guatemala Human Rights Commission/USA

This petition closed almost 4 years ago

How this will help

On July 15, a Guatemalan court ruled in favor of local residents by ordering the suspension of KCA's construction activity at the El Tambor gold mine until a community consultation is held and...

On July 15, a Guatemalan court ruled in favor of local residents by ordering the suspension of KCA's construction activity at the El Tambor gold mine until a community consultation is held and residents approve the project. The imposition of KCA's project has led to violent conflict and abuses, and we're calling on the company to simply comply with the court's ruling.

This is an important opportunity to support community rights over corporate interests. The company is likely to appeal the decision. Please sign our petition now to urge KCA to abide by the law and to halt construction on the El Tambor mine.

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