HomeAbout UsGet InvolvedThemes & CampaignsNews and AnalysisActivist ToolsResourcesSupport NISGUA  
Themes & Campaigns
Network in Solidarity with the People of GuatemalaTell-A-Friend
 
News

search


Support NISGUA
 Take Action! 
99% of the crimes committed during Guatemala's war have not been brought to justice. 
 Did You Know? 

 > Former dictator Efrain Rios Montt, who ruled during the bloodiest period of the war, was found guilty for genocide and crimes against humanity and crimes against humanity. While the verdict was later annulled, the sentence lives on in the hearts of the genocide survivors.

>
The Xalalá hydro-electric dam was rejected by 89% of participants in a local referendum because it could displace thousands of indigenous people and damage farmlands and forests. 

Almost 400 mining concessions have been granted to transnational gold, silver, nickel, and zinc companies in Guatemala, posing severe threats to rural communities' social and environmental well-being. 


News
.............................................................................................

Legal municipal authorization and explanation of the consultations
MUNICIPALITY OF PLAYA GRANDE, IXCAN (QUICHE)
4/9/2007

Department Quiche, Guatemala, Central America

Tel. 502-7783-2305 * 502-7783-2306 * 502-7783-2307 * 502-7783-2308

 

(Unofficial translation)

THE AUTHORIZED MUNICIPAL SECRETARY OF IXCAN, DEPARTMENT EL QUICHE, CERTIFIES: THAT FOR THESE PURPOSES HE HAS IN HIS VIEW THE BOOK OF ACTS OF THE MUNICIPAL COUNCIL FOR THE YEAR 2007, WHICH INCLUDES:

 

ACT NUMBER: 013-2.007 -

 

In the population of Playa Grande, municipal capital of Ixcan, department of El Quiche, on March 5th of 2007 at 5:20 pm, set up in the meeting room of the Municipal building, the senior members of the Municipal Council: Marcos Ramirez Vargas, Municipal Mayor; Felina Candelaria Montejo Silvestre, Trustee II; Engracia Regyna Caba Solano; Jimenez Pascual Jose Jimenez, Jeronimo Osorio Chen, Rafael Garcia Ortiz, Edrilch Alexander Figueroa Pereira, Gorgonio de Jesus Garcia Carias (Councilers 1, 2, 3, 4, 5, and 7 respectively), with the attendance of Ruben Francisco Santa Cruz Alonzo, Municipal Secretary, hereby certify the following:

 

FIRST: ----------- SECOND: --------------

 

THIRD: The Municipal Council, CONSIDERING: That the honorable Municipal Council in act number 12-2007 Third Point, approved the realization of the Community Consultation in good faith for: those community members 18 years of age or older, with certificate of residency, duly registered to vote; those with certificate of residency not registered to vote; those that do not have certificate of residency and are not registered to vote; also the Municipal Advisory approves the participation of children and adolescents between 7 and 17 years of age, of the municipality of Ixcan, department Quiche for the construction of the mega-project hydroelectric dam of Xalala and other dams, also for the exploration and exploitation of petroleum and its derivatives, and also underground resources, in our municipality.

 

CONSIDERING: That the community consultation of good faith will be realized in the municipality of Ixcan, department Quiche, guided by conformity to the special regulations of the consultation, based on the respective Municipal Accord. AS SUCH: This honorable Municipal Council, AGREES: To approve the following methodological guide OF THE COMMUNITY CONSULATION OF GOOD FAITH FOR THE COMMUNITY MEMBERS OF 18 YEARS OF AGE OR OLDER, WITH CERTIFICATE OF RESIDENCY, DULY REGISTERED TO VOTE; THOSE WITH CERTIFICATE OF RESIDENCE NOT REGISTERED TO VOTE; THOSE THAT DO NOT HAVE CERTIFICATE OF RESIDENCY AND ARE NOT REGISTERED TO VOTE; ALSO THE MUNICIPALITY APPROVES THE PARTICIPATION OF CHILDREN AND ADOLESCENTS BETEEN 7 AND 17 YEARS OF AGE, OF THE MUNICIPALITY OF IXCAN, DEPARTMENT QUICHE.

 

METHODOLOGICAL GUIDE:

This methodological guide will be used in the development of the community consultation of good faith to those community members 18 years of age or older, with certificate of residency, duly registered to vote; those with certificate of residency not registered to vote; those that do not have certificate of residency and are not registered to vote; also the Municipal Advisory approves the participation of children and adolescents between 7 and 17 years of age, of the municipality of Ixcan, department Quiche, to declare their stance on the construction of the mega-project hydroelectric dam of Xalala and other dams of the rivers in the regional district of the municipality of Ixcan, as well as for the exploration and exploitation of petroleum and its derivatives and, other underground resources, in our municipality.

 

WHAT IS A COMMUNITY CONSULTATION OF GOOD FAITH?

It is space for democratic community participation that permits the consulted parties to express in free form, in equal conditions and opportunities, their sovereign will regarding the construction of the mega-project hydroelectric dam of Xalala and other dams of the rivers in the regional district of the municipality of Ixcan, as well as for the exploration and exploitation of petroleum and its derivatives and, other underground resources in our municipality.

 

The community consultation will be of good faith, of conformity with the uses and customs of each of the consulted communities and in concordance with the International Labor Organization Convention 169.

 

The Municipal Council of the municipality of Ixcan, department El Quiche, will be the administrator of the process of the Community Consultation of good faith. The Municipal Council will support the existing Community Mayors for the operation of the distinct phases of the Community Consultation process.

 

WHO PARTICIPATES IN THE COMMUNITY CONSULATION OF GOOD FAITH?

The Community Consultation of good faith will establish the opinion of the indigenous and non-indigenous population, 18 years of age or older, with certificate of residency, duly registered to vote; with certificate of residency not registered to vote; without certificate of residency and without voter registration; the Municipal Advisory also approves the participation of children and adolescents between 7 and 17 years of age, of the municipality of Ixcan, department El Quiche.

 

ORGANIZATIONAL COMMISSION OF THE COMMUNITY CONSULTATION OF GOOD FAITH:

The Organizational Commission will have active participation within the COMUDE and to be members of this, must meet the following requirements:

 

1. To be a resident of the municipality of Ixcan, of the department of El Quiche.

2. To fully exercise civil rights and political rights.

3. To not be involved with, or to have personal interests in, the construction of the mega-project hydroelectric dam Xalala, or other dams of the rivers in the regional district of the municipality of Ixcan, or for the exploration and exploitation of petroleum and its derivatives or other underground resources in our municipality.

4. To be a second level member of the Community Development Council. The Organizational Commission will have an exclusive characteristics and its mandate will be to do continuous follow up on the subsequent conclusions of the community consultations and to monitor all that is related, also to see that the results of the community consultation are institutionalized.

 

FUNCTIONS OF THE ORGANIZATIONAL COMMISSION ARE:

1. To act in good faith in the preparation, development and verification of the process of the Community Consultation.

2. To review and approve the materials and documents used in the Community Consultation of good faith.

3. To indicate the places where the Community Consultation of good faith will be held, which must meet the necessary conditions. To state publicly their location through the community Mayors and to reach other communities in anticipated modes of communication.

4. To hold necessary meetings to guarantee good workings of the process of the Community Consultation of good faith.

5. To organize necessary operating commissions to facilitate the process of the Community Consultation of good faith.

6. To denounce by whatever means all anomalous actions that could compromise the Community Consultation.

7. To abide by, and create abidance by the present methodological guide.

 

SUB-COMMISSION OF THE TECHNICAL SUPPORT FOR THE COMMUNITY CONSULTATION OF GOOD FAITH:

The Sub-Commission of Technical Support will be an integration of delegates of the present organizations and institutions who have a widely known track record within the municipality of Ixcan, department El Quiche.

 

It will have exclusive characteristics, will finalize its mandate at the conclusion of the process, and will institutionalize the results of the Community Consultation of good faith.

 

FUNCTIONS OF THE TECHNICAL SUPPORT SUB-COMMITTEE:

1. To support the Organizational Commission and the senior Community Mayors in the entire process of the Community Consultation of good faith.

2. To offer technical advising in the entire process of the Community Consultation of good faith.

3. To cooperate in all of the operational and logistical work required by the Organizational Commission and the senior Community Mayors.

4. To provide technical support to the Municipal Council.

5. To bring all anomalous activities that could compromise the integrity of the Community Consultation to the attention of the Organizational Committee.

6. To abide by, and create abidance by, the present methodological guide.

 

LEGAL BASE OF THE COMMUNITY CONSULTATION OF GOOD FAITH:

The Community Consultation of good faith is indicated in ILO Convention 169 Concerning Indigenous and Tribal Peoples in Independent Countries articles 6, 7, 14, and 15, and in the Municipal Code articles 61, 64, 65, and 66 where it is directed toward indigenous populations but does not exclude the non-indigenous populations who are by nature included.

 

THE DATE OF THE COMMUNITY CONSULTATION:

The Community Consultation of good faith will be held on Friday, the 20th of April 2007. It will be held simultaneously in all of the communities within the municipality and the municipal capital. This date was declared by the Municipal Council as a holiday in all of the municipality of Ixcan, department El Quiche.

 

THE TIME OF THE CONSULTA:

The established hour to begin the Community Consultation of good faith is 7:00 am and the established hour to end is at 6:00 pm on the 20th of April 2007, with the exception that if some communities conclude the consultation before the pre-determined hour, they may close by noting the hour of termination in their respective act.

 

PLACE WHERE THE COMMUNITY CONSULTATION WILL BE CARRIED OUT:

The Community Consultation of good faith can be carried out in a place that is convenient for the community, in Zones 2, 3, 4, and 5 of the Auxiliary Mayoral Offices, community buildings, and public schools in the zone one of the municipal room number two.

 

OBJECTIVE OF THE CONSULTATION:

The consulted population must state their opinion to determine, in effect, the acceptance or non-acceptance of the construction of the hydroelectric dam of Xalala and other dams of the rivers in the regional district of the municipality of Ixcan, as well as for the exploration and exploitation of petroleum and its derivatives and, other underground resources in our municipality.

 

REGISTER OF THE RESULTS OF THE COMMUNITY CONSULTATION OF GOOD FAITH:

The results of the Community Consultation of good faith will be on record in the book of acts of the Community Mayor within each community. The Community Mayor must take the book of acts to the Organizational Commission the same day to make an authentic copy of the respective act, which will be turned in to the center where the Municipal Cultural Center is located.

 

CONTENTS OF THE ACT:

The act put up in each community must have the principal parts:

1. Name of the each community where the Community Consultation was held.

2. Time, day and date.

3. Location of the establishment where the Community Consultation was carried out.

4. Name and title of the coordinators of the Community Consultation.

5. Results of the Community Consultation.

6. Hour of termination of the Community Consultation.

7. Signature and identification number (cedula number) of all the participants.

 

FINAL CONTENT OF THE RESULTS OF THE COMMUNITY CONSULTATION:

The Municipal Council, the Organizational Committee or the Technical Sub-Committee will verify the counts done by the Community Mayors. The results of the Community Consultation of good faith will be included in the book of acts of the Municipality of Ixcan, department El Quiche.

 

INTERPRETATION OF THE RESULTS:

The results of the Community Consultation of good faith are the sovereign will of the indigenous and non-indigenous population which will be generally observed and obliged by the municipality of Ixcan. On Tuesday, the 24th of April 2007 the Municipal Council will express in full the Municipal Accord to declare the validity of the sovereign will.

 

HONORABLE WITNESSES:

On Friday the 20th of April 2007, the Organizational Commission will invite as witnesses of honor: representatives of the Superior Advisory of the Mayan Language Academy, representative of the Procuraderia of Human Rights in Guatemala, the Governor of the department El Quiche, representatives of the company Petrolatina, representatives of the Ministry of Energy and Mines, representatives of the President of the Republic, representatives of the Ministry of Environment and Natural Resources, the President of the Commission of Indigenous Communities, and others.

 

OBSERVERS:

The Organizational Committee will invite: representatives of Indigenous Organizations, NGOs, Organizations of Cooperation and Methods of Communication, to observe the process of the Community Consultation of good faith. All observers must register and identify themselves before the Sub-Commission of Technical Support who will provide corresponding accreditation. The observers cannot intervene or influence the process of the Community Consultation or in the consultations of sovereign will.

 

DISTRIBUTION OF THE OBSERVERS:

The Organizational Commission will distribute the observers in the communities of the municipality Ixcan, department El Quiche, summoned to the Community Consultation of good faith. The corresponding Community Mayor will receive the names and identification of the observers in his or her community.

 

MANAGEMENT OF RESOURCES:

The Organizational Commission will be responsible for the management of financial and human resources, as well as procedural logistics, for the Community Consultation.

 

DISCLOSURE:

The Municipal Council is obligated to publish through all reachable modes of communication the necessary information for the people of Ixcan, department of El Quiche. This publication must represent the final results of the Community Consultation of good faith.

 

HEADQUARTERS:

The headquarters of the Organizational Commission for the Community Consultation of good faith is located in the Municipal Cultural Center; zone one of the municipal capital.

 

UNFORSEEN CASES:

Any case unforeseen by the present methodological guide will be resolved by the Municipal Council, the Organizational Commission and the Sub-Commission of Technical Support. If for whatever cause of force or emergency it is not possible to develop the process of the Community Consultation of good faith the Municipal Council will decide what is appropriate. The said methodological guide will come into effect the same day it is approved by the Municipal Council.

 

FOURTH-----FIFTH-----SIXTH------SEVENTH------EIGHTH-----NINTH----

 

TENTH: As there is not more to be made known the present act is finished, in the same place and date as it was initiated, at 8:00 pm, the previous declaration being accepted, ratified, and signed.

 

Home | About Us | Get Involved | Themes & Campaigns | News & Analysis | Activist Tools | Resources | Support NISGUA
Site Map | Tell-A-Friend | Privacy Policy | Copyright Policy

© 2009 Network in Solidarity with the People of Guatemala