Alta Verapaz Guatemala
Two Guatemalan companies, Oxec SA and Oxec II SA, oversaw a pair of hydroelectric dam projects planned for the Cahabón River. Both companies are owned by Energy Resources Capital Corporation, registered in Panama. Local Indigenous communities reported that they were not formally consulted and expressed concern that the dams would damage their environment and violate their rights.
In December 2015, a lawsuit was filed with the Supreme Court of Justice of Guatemala on behalf of the Q'eqchi ', Achi', and Pomcomchi' indigenous communities against the Ministry of Energy and Mines (MEM). The lawsuit alleged that the construction of the dams violated the community's rights to life, health, a healthy environment and ecological balance, access to water, and the principles of legality and consultation with indigenous peoples. Furthermore, the lawsuit argued that climate change was affecting their territory, damaging crops, and endangering their health.
The plaintiffs demanded that the Guatemalan Ministry of Energy and Mines, the company, and other government entities suspend licenses for hydroelectric projects until the indigenous community of the municipality of Santa María Cahabón was formally consulted, in accordance with the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, and provided with more information about the construction of the project.
On April 22, 2016, the Court accepted the case and issued a provisional suspension order for the construction work. On April 29, 2016, Oxec and the Ministry of Energy and Mines (MEM) submitted documents to the Court, purportedly confirming that the community consultation had taken place. As a result, the Court revoked the previous provisional order. Community members alleged that the consultation had not been held and scheduled their own consultation for July 31, 2016. The company requested the Cobán Civil Court to suspend the consultation just 48 hours before the scheduled date. The judge granted the request, preventing the consultation from taking place.
In January 2017, the Supreme Court of Justice issued a final ruling in favor of the plaintiff, halting construction until the community consultation took place.
In February 2017, the Constitutional Court confirmed the suspension of the construction of the Oxec hydroelectric plants due to irregularities in the community consultation process.
In May 2017, the Constitutional Court lifted the suspension and granted Oxec permission to resume construction, on the condition that it conduct an appropriate consultation within 12 months.
In August 2017, Indigenous communities held their own consultation in the municipality of Santa María de Cahabón, voting against the dam's construction by a wide majority. However, the authorities did not consider the results of this community consultation valid, as it did not comply with the procedure established in the Constitutional Court's ruling.
In December 2017, the Ministry of Energy and Mines (MEM) announced that a consultation with 11 Indigenous communities had been conducted in September 2017, resulting in five agreements submitted to the Supreme Court for approval. The agreements address the company's environmental obligations, develop a sustainable development plan for the communities, and establish a monitoring mechanism. Implementation of the agreements will be subject to periodic reviews by the authorities.
However, civil society organizations pointed out that the consultation process was inadequate because it violated the legal requirement of prior consultation and did not involve all affected communities. The Oxec hydroelectric plant is currently operational, while Oxec II remains under construction.
Furthermore, four employees of Netzone SA, the company in charge of the Oxec construction project, filed charges against the lead defender in this case, accusing him of illegal detention and theft. In February 2018, the Cobán Court ordered his pretrial detention. The defender claimed the accusations were false and an attempt to silence criticism. Alianza por la Solidaridad and Greenpeace Spain launched a campaign demanding the release of the imprisoned Indigenous leader; however, on November 9, 2018, the Alta Verapaz court sentenced him to 7 years and 4 months in prison. He was released in March 2022.
Implementation
The agreements address the company's environmental obligations, including its commitment to develop a sustainable development plan for the communities and establish a monitoring mechanism. Implementation of the agreements will be subject to periodic reviews by the authorities.
The modern expansion of energy generation in Guatemala is characterized by extreme cases of human rights violations. These include violations of the inhabitants' right to prior consultation and their right to their territory, as well as discrimination against Indigenous communities.
The lawsuit stated that the construction of the dams violated the rights of community members to life, health, the environment and ecological balance, access to water, as well as the principles of legality and consultation with indigenous peoples, and that climate change affected their territory, caused damage to crops and put their health at risk.
- Indigenous peoples
- Human Rights Defender
- Ministry of Energy and Mines (MEM).
- Energy Resources Capital Corporation.
Guatemala is vulnerable to climate change due to its geographic location, topography, and the influence of the oceans. Climate change has led to extreme weather events that have caused human and economic losses.
The country is on the list of nations at high risk from extreme weather events. Drought has primarily affected the country's semi-arid region, known as the "Dry Corridor." The average annual temperature has increased by at least one degree Celsius in the last 50 years, and the main crops, potatoes and corn, have been under increasing pressure due to severe frosts. Adding to the concern is the growing proliferation of new pests in the lower-lying areas.
The Q'eqch'i Maya people possess invaluable knowledge - as do other Indigenous Peoples - to fight against climate change; day by day they fight to maintain their ancestral lifestyles, thus contributing to preserving the earth.
International agreements/treaties
- International Labour Organization Convention 169.
- United Nations General Assembly Resolution 64/292.
- American Convention on Human Rights.
- United Nations Declaration on the Rights of Indigenous Peoples.
National laws
- Political Constitution of the Republic of Guatemala.
Beginning
- Prevention principle.
- Principle of Legality.
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