2013 State of Siege and Criminalization of Protestors and Community Leaders

In May 2013, the government of Guatemala declared a temporary "state of siege", deploying 8,500 police and soldiers in the municipality of San Rafael Las Flores (where Escobal is located) and the surrounding municipalities of Mataquescuintla, Casillas, and Jalapa, each of which voted against mining in community consulations (consultas). The state of siege followed the arrest of 26 peaceful protesters in April 2013. This conduct was criticized by the United Nations High Commissioner on Human Rights (OHCHR), which noted that environmental protests in Guatemala had triggered criminal proceedings against protesters, including charges of terrorism and criminal conspiracy, adding that the charges were disproportionate to the gravity of the alleged offences and were often dismissed in court due to a lack of evidence (JCAP, 2017). 

In April 2013, the National Security Commission categorised Escobal mine as a “strategic natural resource”. This had the effect of converting the social unrest in communities around the mining project into a national security issue. This was used to justify the "state of siege", military deployments and also the creation of an Inter-institutional Commission for Integrated Development in San Rafael Las Flores. This merged security and development issues and was led by an army general. The Commission office reportedly carried out military intelligence activities in the region, particularly in relation to communities in opposition to the mine (Solano, 2015).