According to international human rights conventions, indigenous peoples have the right to free, prior and informed consent before an infrastructural or similar project can be developed on their land – a human right that companies like EDF are obliged to respect.
This was precisely the problem in Mexico: the community was not sufficiently included in the decision-making process concerning the project. Those critical of the project were stigmatized, threatened and even physically attacked, while EDF did nothing to intervene and even allegedly offered benefits to supporters of the project. The company thereby neglected the community’s right to free, prior and informed consultation and consent.
Proceedings initiated by Unión Hidalgo and ProDESC at the OECD National Contact Point in France were unsuccessful. For this reason, indigenous representatives, ProDESC and ECCHR sent a formal letter to EDF, demanding that the company strengthen its efforts to carry out human rights due diligence. When the energy company did not comply, ECCHR and its partners filed the lawsuit at the Paris Civil Court in October 2020.