Reaffirm Xinka consent rights

AI summary

Petitioners ask the Government of Canada to reaffirm Xinka free, prior and informed consent and direct consular officials to implement Voices at Risk. The government responds that it recognizes Indigenous rights and respects Guatemala’s authority.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the Government of Canada Whereas: Since 2011, Xinka Indigenous and farming communities in Guatemala have peacefully opposed the Escobal mine owned by Vancouverbased Pan American Silver since 2019-due to concerns about water contamination and depletion in a largely agricultural region, as well as serious social, cultural, and spiritual impacts and the denial of their right to selfdetermination; As a result of their resistance, Xinka people have faced harassment, threats, attacks, defamation, persecution, police repression, a military state of siege, and the denial of their cultural existence; On April 13, 2014, 16 year old Xinka environmental activist Merilyn Topacio Reynoso Pacheco was murdered in Mataquescuintla, Jalapa, and her father, community leader Alexander Reynoso, was injured in the same attack; In 2017, Guatemala's Supreme Court ordered the suspension of the Escobal project for lack of prior consultation and discrimination, a decision upheld in 2018 by the Constitutional Court, which established the terms of the consultation process; In May 2025, after nearly seven years of courtmandated consultation, the Xinka Indigenous People of Guatemala denied consent for the restart of the Escobal mine; Despite this clear rejection, Pan American Silver continues to promote the mine's reopening; Canada has international obligations to uphold Indigenous peoples' right to free, prior, and informed consent and to protect environmental and human rights defenders; and Canadian mining companies must not violate Indigenous peoples' rights. We, the undersigned citizens and residents of Canada call upon the Government of Canada to: 1. Publicly reaffirm the Xinka people's right to free, prior and informed consent and selfdetermination, and call upon Pan American Silver and Guatemalan authorities to respect the results of the consultation process; and 2. Direct Canada consular officials to protect Xinka defenders by fully implementing Voices at Risk: Canada's guidelines on Supporting Human Rights Defenders to ensure their safety and security.

Government response

Response by the Minister of Foreign Affairs Signed by Rob Oliphant Canada recognizes the rights of Indigenous Peoples and remains committed to advancing respect for human rights, the rule of law, inclusive governance, and responsible business conduct globally. These principles underpin Canada’s foreign policy and guide engagement with international partners, including in contexts involving natural resource development and Indigenous Peoples’ rights. Reprisal against individuals who peacefully promote respect for their human rights, or the human rights of others, is never acceptable. Canadian companies operating abroad are expected to abide by all relevant laws, to respect human rights in their operations and adopt international guidelines on responsible business conduct, such as the United Nations Guiding Principles on Business and Human Rights and the Organisation for Economic Cooperation and Development Guidelines for Multinational Enterprises on Responsible Business Conduct. Canada has committed to responsible business conduct on the global stage, through joining or endorsing several international instruments and declarations that promote responsible business conduct, including the United Nations Declaration on the Rights of Indigenous Peoples. Canada’s approach to mining and Indigenous peoples is built on a commitment to sustainable development with meaningful consultation and engagement as explained in key documents from the Impact Assessment Agency of Canada (such as the Guidance on the Assessment of Potential Impacts on the Rights of Indigenous Peoples, or the Exploration and Mining Guide for Aboriginal Communities) which have been used and adapted to a variety of country contexts. Canadian companies are expected to develop constructive, mutually beneficial relationships with Indigenous Peoples in their countries of operation, informed by the United Nations Declaration on the Rights of Indigenous Peoples, principles of equality, partnership, good faith and mutual respect, and in line with international responsible business conduct standards and best practices. Consultation and cooperation are key to the right to participate in decision-making and, where relevant, to seeking free, prior and informed consent. Ensuring that there is effective and meaningful participation of Indigenous peoples in decisions that affect them, their communities and territories is not an obstacle but rather a necessary pathway to development. In the context of the Escobal mine, the Guatemalan Constitutional Court has outlined a legal framework for conducting consultations with Indigenous Peoples, in accordance with Convention 169 of the International Labour Organization. The Government of Guatemala holds the sovereign responsibility to lead the consultation process and to make decisions regarding the issuance of permits. Canada fully respects Guatemala’s authority and decisions in this regard. Canada encourages all stakeholders to adhere to this consultation framework, which is firmly rooted in the principles of the rule of law, and remains hopeful that through dialogue a mutually beneficial outcome can be reached. Canada recognizes the key role played by human rights defenders in protecting and promoting human rights and strengthening the rule of law. While Canada does not provide consular services or protection to non-Canadians, including in Guatemala, Canadian officials engage with a range of stakeholders, as appropriate, to promote respect for human rights and the safety of those who defend them. In this context, Canada maintains ongoing dialogue with Guatemalan authorities, civil society, and Indigenous representatives, including the Xinka people, and the Canadian Embassy in Guatemala has engaged directly with land and environmental defenders, as well as provided financial support for protection initiatives. Canada will continue to advocate internationally for the protection of human rights defenders and for safe and enabling environments in which they can carry out their work.