Consultas and Socially Responsible Investing in Guatemala: A Case Study Examining Maya Perspectives on the Indigenous Right to Free, Prior, and Informed Consent

Abstract

Since 2005, more than 78 Maya communities representing approximately one million Guatemalans have held referendums called consultas comunitarias, which ask the community whether they are in agreement with mineral, hydroelectric, and/or other megaprojects in their traditional territory. Participation in the consultas is a form of resistance to the granting of mineral rights to corporate interests. In Canada, where much of the Guatemalan mining investment is based, “socially responsible investment firms” (SRIs) promote corporate respect for Indigenous rights. Based on interviews and participant observation, we highlight the perspectives of Maya consulta organizers in three communities that have undertaken consultas to resist the mining licenses of the Canadian mining company Goldcorp, Inc. We argue that a strict policy of corporate respect for the right to free, prior, and informed consent of affected communities is a minimum requirement for Maya acceptance of SRI legitimacy.