Mexico - Wind parks - EDF

Wind park in Mexico: French firm disregards indigenous rights

Mexico - Wind parks - EDF

Wind park in Mexico: French firm disregards indigenous rights

The extraction and use of coal, crude oil and natural gas negatively affect people and the environment. This is well-known. But renewable energy projects must also adhere to human rights standards. Nevertheless, big energy companies disrespect human rights and environmental protection time and again – as in the case of Électricité de France in Oaxaca, Mexico.

French energy giant EDF has been working on the Gunaa Sicarú wind park project since 2015. The problem: wind power stations are planned on the territory of the indigenous Unión Hidalgo community. EDF is trying to secure a construction authorization from the Mexican state – but until now, the indigenous group was not effectively consulted.

Case

ECCHR and its Mexican partner ProDESC support the Unión Hidalgo community. Indigenous peoples have the right, as recognized in international human rights conventions, to free, prior and informed consent if an infrastructure or similar project is planned on their territory – a human right that EDF is obliged to respect.

This is exactly the problem in Mexico: the community so far was not effectively included in the decision-making process concerning the project. Some of the project’s critics are stigmatized, threatened and even physically attacked. EDF does not intervene and is said to have offered benefits to project supporters one-sidedly. The company thereby ignores the community’s right to free, prior and informed consultation and consent.

Proceedings initiated by Unión Hidalgo and ProDESC before the OECD National Contact Point in France were unsuccessful. For this reason, indigenous representatives, ProDESC and ECCHR approached EDF through a formal notification. The demand: the company improves its human rights due diligence measures (according to the 2017 French Duty of Vigilance law). Should EDF fail to do so, ECCHR and its partners will intervene again – in court, if necessary.

Context

Indigenous peoples have a special historic and cultural connection to their land. At the same time, they have often been discriminated against, oppressed and denied their rights since colonialism. This is why international law – like the UN Declaration on the Rights of Indigenous Peoples – regards them as especially vulnerable. This, for example, manifests in their right to free, prior and informed consent – which can even become a veto right if indigenous territories are directly concerned.

In addition to the case against EDF, ECCHR supports the indigenous population in Western Sahara, whose right to self-determination has been repeatedly violated by Morocco, with the help of European companies. ECCHR also worked with indigenous communities in Zimbabwe to defend their land rights against European investors.

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glossary

Any natural or legal person can lodge a complaint at one of the OECD's National Contact Points regarding the breach of the Guidelines for Multinational Enterprises, regardless of whether the complainant has been personally affected.
The OECD Guidelines for Multinational Enterprises promote responsible and sustainable corporate conduct globally.
The UN Declaration on the Rights of Indigenous Peoples affirms that indigenous peoples are equal to all other peoples. The resolution also affirms that indigenous peoples contribute to the diversity of cultures and that they must not to be discriminated against due to their traditions and the exercise thereof.

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