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Specific Instance Complaint to the Canadian National Contact Point – Goldcorp Inc.

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A specific instance complaint submitted to the Canadian National Contact Point (NCP) by the Frente de Defensa San Miguelense (FREDEMI) and prepared by the Center for International Environmental Law (CIEL). The complaint alleges that Goldcorp Inc., through its subsidiary Montana Exploradora de Guatemala, S.A., violated OECD Guidelines for Multinational Enterprises in its operations at the Marlin Mine in Guatemala, specifically regarding indigenous land rights, environmental contamination, and the persecution of community protesters.

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  • Goldcorp is accused of violating communal property rights and the right to free, prior, and informed consent (FPIC) of the indigenous people of San Miguel Ixtahuacán. The complaint asserts that the company acquired land through individual sales sanctioned by a municipal mayor, despite international and national laws requiring the authorization of indigenous authorities for the sale of communal lands.
  • Mining activities have allegedly caused significant water contamination, with a 2008 study by the Comisión Pastoral Paz y Ecología (COPAE) finding arsenic levels in nearby rivers up to seven times higher than U.S. Environmental Protection Agency limits. The Latin American Water Tribunal found that the mine generates 170 barrels of waste monthly and warned of acid rock drainage risks during the rainy season.
  • The complaint alleges that Goldcorp's water consumption—estimated at 250,000 liters per hour—has led to water shortages and the drying up of wells in San Miguel Ixtahuacán, including one well that served 40 indigenous families.
  • Community members and leaders who protest the mine have reportedly faced retaliation, including false detentions, criminal prosecutions, and death threats. The complaint notes a disparity in legal treatment, where the state responds quickly to Goldcorp's complaints against protesters while community complaints against the company see little success.
  • The complainants argue that Goldcorp is operating in a 'weak governance zone' in Guatemala, characterized by government corruption, high levels of impunity for human rights abuses, and an inability to protect the rights of its citizens, which renders the company's defense of government sanctioning untenable.

Cite the original document

APA
Center for International Environmental Law (2009). Specific Instance Complaint to the Canadian National Contact Point – Goldcorp Inc. https://www.ciel.org/Publications/FREDEMI_SpecificInstanceComplaint_December%202009.pdf
Chicago
Center for International Environmental Law. Specific Instance Complaint to the Canadian National Contact Point – Goldcorp Inc. 2009. https://www.ciel.org/Publications/FREDEMI_SpecificInstanceComplaint_December%202009.pdf.
Wikipedia
{{cite report |author=Center for International Environmental Law |title=Specific Instance Complaint to the Canadian National Contact Point – Goldcorp Inc. |date=9 December 2009 |url=https://www.ciel.org/Publications/FREDEMI_SpecificInstanceComplaint_December%202009.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{centerforinternationalenvironmentallaw2009specific, author = {{Center for International Environmental Law}}, title = {{Specific Instance Complaint to the Canadian National Contact Point – Goldcorp Inc.}}, institution = {Center for International Environmental Law}, year = {2009}, month = dec, url = {https://www.ciel.org/Publications/FREDEMI_SpecificInstanceComplaint_December%202009.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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