Access to justice and corporate accountability: a legal case study of HudBay in Guatemala

Abstract

This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company, HudBay Minerals. While first-generation legal and development policy reforms have facilitated foreign mining in Guatemala, second-generation reforms have failed to address effectively conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. Relevant corporate social responsibility policies and mechanisms lack the necessary enforcement powers. Canadian courts have been reluctant to permit lawsuits against Canadian parent companies; however, in Choc v. HudBay and Yaiguaje v. Chevron Corporation, Ontario judges have allowed cases to proceed on the merits of the case, providing an important, if limited, avenue toward corporate accountability.