Subject to a new law: historicizing rights and resistance in Maya anti-mining activism

Abstract

ABSTRACTSince 2004, the Marlin Mine, located in North-west Guatemala, has produced conflict between Goldcorp, the Guatemalan state and the primarily indigenous Mayan communities affected by the mine. This conflict has generated local anti-mining movements that organized community consultations which, grounded in indigenous rights law and Mayan decision-making practices, allow affected communities to decide whether or not to permit mining in the region. While communities resoundingly rejected open-pit mining, and while this decision received international support, the Marlin Mine continues operations. Drawing on field research and new developments in philosophies of rights, this paper makes two related arguments. First, Mayan anti-mining resistance must be situated within a broader colonial history defined by exploitation and primitive accumulation. Second, Mayan activism challenges current conceptions of the relationship between rights, cultural identity and political agency; most significantly, Mayans do not only claim rights on the basis of identity, they enact and politicize the form in which these rights potentially take place.