Statement from the Peaceful Resistance La Puya to the Guatemalan and International Community in response to the decision of the International Arbitration Tribunal (CIADI) in KCA v. Guatemala
The Network in Solidarity with the People of Guatemala (NISGUA) has posted a statement from La Resistencia Pacifica La Puya regarding a decision of the International Arbitration Tribunal in favour of Guatemala. This is a positive result for Guatemala and La Puya but does not mean the La Resistencia is over. It also should give hope for other community struggles within the ICSID process.
In response to the decision in favor of Guatemala in the international arbitration case brought by Kappes, Cassiday & Associates (KCA) before the International Centre for Settlement of Investment Disputes (ICSID) over the court-ordered suspension of the mining project Progreso VII Derivada for lack of free, prior and informed consultation, the Maya Kaqchikel and Xinka peoples who form part of the Peaceful Resistance La Puya recall that:
This arbitration began in 2018 because the company and previous Guatemalan government administrations failed to respect the will of the population and their rejection of precious metal mining in defense of life, water, and territory. The result of this violation by the State in collusion with KCA has been conflict, local discord, intimidation, repression, and criminalization of the communities in resistance, and, finally, this international arbitration process that lasted seven years.
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The Peaceful Resistance La Puya began defending its rights and the communities’ rights against the imposition of this project in 2011. Today, this is a struggle that transcends La Puya because of the vital importance of defending life, water, and territory in the face of the climate crisis and for the well-being of communities throughout Guatemala.
La Puya built solid and well-founded arguments over the years showing that the company did not comply with Guatemalan regulations and that its project should have never been approved. These same arguments contributed to the State’s defense in the arbitration process, which expressly recognized the legitimacy of the Peaceful Resistance La Puya for its ongoing efforts and its strong organization. In addition, as part of its defense, Guatemala quantified the environmental damage caused by the mining project, confirming the concerns that the Resistance has always raised.
The decision in favor of the state announced by the National Comptroller’s Office (PGN by its initials in Spanish) is testimony to the strength of the documentation that the resistance has built up regarding the illegality and indefensibility of this project. For this reason, even without having seen the final award in detail, we are not surprised that KCA was unable to substantiate its claims before the arbitration tribunal.
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The Peaceful Resistance La Puya reaffirms its commitment to its dignified struggle for life, water, and territory until the Progreso VII Derivado project has been canceled and to ensure that no further mining licenses are granted in the region.
You can read the full statement, in English and Spanish, here, Statement from the Peaceful Resistance La Puya on the ICSID Decision in KCA v. Guatemala.
You can read more on our website about La Resistencia Pacifica La Puya, here La Puya.
Categories: Accompaniment, Corruption, Criminalisation, Criminalization, Environment, Guatemala, Human Rights, Impunity, Indigenous peoples, Justice, Land, Legal, Resource Extraction, Solidarity in Action, Violence
Guatemala Solidarity Network 
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