The Constitutional Court (CC) suspended an agreement of the Ministry of Energy and Mines (MEM) that called for a community consultation with the Mayan – Ixil people of San Juan Cotzal, Quiché, on the Palo Viejo hydroelectric plant.
The decision comes after the CC decided, by majority, to issue a provisional protection to the San Francisco Cotzal Agricultural Company, Sociedad Anónima; Agricola Cafetalera Palo Viejo, Sociedad Anónima; and José Antonio Sánchez Boche.
For now, ministerial agreement 145-2026, of the MEM, which was published in the Official Gazette on April 27, which called for a community consultation for the hydroelectric plant in question, is suspended.
“The purpose of the consultation is to restore the right of the Mayan-Ixil people to express their opinion and reach binding agreements on the consequences, risks, mitigation, repair, compensation or participation in benefits derived from the installation and operation of the Palo Viejo hydroelectric project,” says article 2 of the now suspended agreement.
The Palo Viejo hydroelectric plant began operations in 2012.
The consultation was born as a result of Convention 169 of the International Labor Organization, which contemplates consulting indigenous peoples on projects that take advantage of the natural resources of their territory.
Among the votes in favor are those of the titular magistrates Roberto Molina Barreto; Dina Ochoa and Julia Rivera. The titular magistrate, Astrid Lemus, acting president for this case, voted against, as did María Jocholá, substitute.
In this case, Judge Annabella Morfín, president of the CC, who was appointed by the Executive Branch, the State power that supported and promoted the popular consultation that is now suspended, did not participate.
The CC is aware of another similar action presented by the Association of Renewable Energy Generators, which in addition to questioning the MEM also questions the president, Bernardo Arévalo.
That case, despite the fact that the plenary session agreed by majority to resolve in favor of the amparo, was removed from the agenda, pending this file receiving the corresponding signatures.
The @CC_Guatemala suspends ministerial agreement 145-2026, of the Ministry of Energy and Mines, which called for a consultation with the Ixil Mayan people of San Juan Cotzal on the Palo Viejo hydroelectric project. Votes in favor Molina Barreto, Dina Ochoa and Julia Rivera; Morfin was absent pic.twitter.com/oeBSOWInpU
—Douglas Cuevas (@dcuevas_pl) July 8, 2026
Reasoned vote
The titular magistrate Roberto Molina Barreto, due to the type of case, reasoned his vote, explaining the reasons that led him to vote in favor of provisional protection.
The magistrate explained that there is no opposition to the consultation process, but that due to the agreements and the history of the CC itself, this type of consultation must take a series of steps.
“The consultation must be prior, that is, carried out before the adoption or execution of the measure that may affect
directly to indigenous peoples; informed, so that the communities have the necessary elements to participate effectively,” he explains in his vote.
He also clarifies that the case has not been definitively resolved, so the merits of the case must still be studied by the constitutional plenary session.
“I considered it feasible to decree the provisional suspension as a precaution of the Ministerial Agreement indicated as the act complained of, since it will be upon resolving the merits of this matter that it will be necessary to determine, with greater elements of judgment, on the one hand, whether a Ministerial Agreement constitutes the legally suitable instrument to develop, with general effects, the consultation procedure,” he indicated.