Draft:Angélica Choc
Human rights activist in Guatemala
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Angélica Choc is a Guatemalan Maya-Q’eqchi human and indigenous rights activist. She is known for her legal battles with Hudbay Minerals regarding the usage of indigenous land in Guatemala. Through her case, Choc and the other plaintiffs showed that Canadian corporations can be held legally responsible in Canadian courts for actions occurring outside of Canada.[1]
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Background
Angélica Choc is a member of the Maya Q’eqchi’ Indigenous community from the El Estor region in eastern Guatemala. Her community has been affected by mining operations in the area, particularly the Fénix nickel mine, originally developed by the International Nickel Company (INCO) in 1971. The project has been associated with longstanding land disputes and protests, as local communities have asserted ancestral claims to the territory.[2]
Involvement with Hubby
Killing of Adolfo Ich
On September 27, 2009, Choc’s husband, Adolfo Ich Chaman, a community leader, schoolteacher, and outspoken critic of mining activities, was killed during a confrontation between local residents and security personnel associated with the Fénix mine.[3]
According to allegations presented in court filings, Ich was attacked by mine security personnel led by Mynor Padilla, the head of security for the mine. Witnesses stated that Ich had approached the scene to de-escalate tensions and assist vulnerable community members. Ich attempted to calm people down following the protest due to the presence of Hudbay–CGN guards in their community. Padilla’s guards recognized how Ich was respected by community members and asked him to identify himself. Witnesses report that security responded by stating, “Oh, we have been looking for you,” and he was reportedly beaten and fatally shot. [3]
During the same incident, another community member, German Chub Choc, was shot and left paralyzed. Chub, a 21-year-old Q’eqchi campesino, was at the La Union community to watch local soccer games and was targeted by Padilla’s guards.[4]
Lote Ocho evictions and abuses
On January 9 and 17, 2007, prior to Hudbay Minerals’ ownership of the mine, a series of forced evictions took place in the village of Lote Ocho, located within the concession area. The company that led these evictions was Skye Resources, which was headed by Mynor Padilla. These evictions were carried out by security personnel, police, and military forces.
According to later legal claims, approximately 100 homes were destroyed, property was looted, and livestock was killed or taken. During one of the raids on January 17, 2007, 11 women alleged that they were gang-raped by members of the security forces. Aside from the physical and mental impacts following the sexual violence, families were left homeless and subjected to poverty.[4]
Legal proceedings in Canada
Initiation of lawsuits
Following unsuccessful attempts to obtain justice through Guatemalan courts, Choc pursued legal action in Canada. Canadian lawyers Klippenstein and Wanless offered Choc the opportunity of filing a lawsuit in Canada. [4]
In 2010 and 2011, three civil lawsuits were filed in Ontario against Hudbay Minerals Inc.:
Choc v. Hudbay Minerals Inc.—concerning the killing of Adolfo Ich Chub v. Hudbay Minerals Inc.—concerning the shooting and paralysis of German Chub Caal Caal v. Hudbay minerals Inc.—concerning the gang rapes during the Lote Ocho evictions. [4]
The plaintiffs alleged that Hudbay was negligent in failing to prevent human rights abuses committed by security personnel associated with the Guatemalan subsidiary. [4]
Jurisdictional challenge
Hudbay Minerals sought to have the cases dismissed. They argued that: [5]
- The claims should be heard in Guatemala rather than Canada.
- The company could not be held liable for the actions of its subsidiary.
- Recognizing such liability would undermine established principles of corporate law.
In a 2013 decision, Justice Carole Brown of the Ontario Superior Court dismissed Hudbay’s motion to strike. The court held that it was not "plain and obvious" that the claims would fail and found that it was possible that Hudbay was responsible for the alleged atrocities.[5]
This ruling marked the first time a Canadian court allowed a lawsuit to proceed against a Canadian parent company for alleged human rights abuses linked to its foreign operations.[5]
Proceeds and testimony
Pre-trial proceedings included examinations for discovery in Toronto. Several plaintiffs travelled from Guatemala to Canada to provide testimony, many of which required interpretation from Q’eqchi’ into Spanish and English.[4]
Settlement
On October 7, 2024, Hudbay Minerals announced that it had reached a confidential settlement with all 13 plaintiffs in the three lawsuits. The terms of the settlement, including financial compensation, were not publicly disclosed.[6]
In a public statement, a company representative noted that the parties continued to hold "fundamentally differing views" regarding the underlying facts of the allegations. Hudbay claims that it is a "responsible member of the communities in which its people work and live and seeks ways to play a constructive role through its operations." Hudbay, which divested itself of its holdings in Guatemala in 2011, continues to operate mining pipelines and copper projects in Peru, Canada, and the United States. [7]
The lawsuits brought by Angélica Choc and other plaintiffs are widely regarded as a milestone in transnational human rights litigation. The case established that Canadian courts may hear claims against Canadian corporations for alleged misconduct abroad, particularly where plaintiffs argue that the parent company was directly negligent.[7]
The case has also drawn attention to the broader impacts of extractive industries on Indigenous communities in Latin America, including issues of land rights, environmental harm, and violence.[7]
Criminal proceedings in Guatemala
Mynor Padilla, the former head of security at the Fénix mine, was charged in Guatemala with the murder of Adolfo Ich and the shooting of German Chub. Padilla was initially acquitted in 2017. However, a Guatemalan appellate court overturned the acquittal and ordered a retrial. In January 2021, Padilla pleaded guilty to the killing of Ich and to the shooting of Chub.[5] [8]
Advocacy
Beyond the legal case, Choc has been involved in advocacy efforts to raise awareness of the impacts of mining in Q’eqchi territory. Despite facing threats and intimidation, she has continued to speak publicly about the need for accountability and the protection of Indigenous land rights. Angélica is featured in the film, Defensora, where she explains the impact of environmental destruction caused by international mining.[5]
Organizations such as Rights Action got involved after becoming aware of what was happening at the Fenix mine. Solidarity groups, U.S. activists, and independent journalists became aware of how the Canadian government was priming the "development" that mining brings to communities, while simultaneously lying about human rights violations and corruption.[4]