概要

This article focuses on the interaction between Guatemala's consultas comunitarias and socially responsible investment firms (SRIs). Consultas are referenedums led by Guatemala's Maya communities, asking whether they agree to mineral, hydroelectric, and/or other megaprojects in their traditional territory. SRIs are prominent in Canada, and promote corporate respect for Indigenous rights. For this study the researchers draw together data from interviews, secondary source analysis, and participant observation to present a case study from three communities in Guatemala's western highlands, none of whom were given the right to free, prior and informed consent to the granting of mineral rights in their traditional lands, and who have since undertaken consultas as a form of resistance to Canadian company Goldcorp's mining license. The authros argue that the consultas provide an opportunity to bridge 'governance gaps' between the home states of transnational corportations and the 'weak states' they invest in, as well as bridging 'CSR gaps' between what an SRI negotiates in a boardroom and the experience of affected communities on the ground. The paper concludes that for Guatemala's Maya communities to accept SRI legitimacy, respect for the right to free, prior, and informed consent is a minimum requirement.