Mexico: Ministry of Energy Opposes Court Ruling Halting Wind Farm Project

RIO DE JANEIRO, BRAZIL – Indigenous co-owners (comuneros) of the land of Unión Hidalgo in the Mexican state of Oaxaca have been opposing the construction of the Gunaa Sicarú wind farm for over two years.

This project is being commissioned by the French energy company Electricité de France (EDF). The state and, in the case of the Gunaa Sicarú wind farm, the Ministry of Energy (Sener) and the state government of Oaxaca are in charge of granting land-use rights.

In a press release, opponents of the Unión Hidalgo construction project and a number of social organizations have now pointed out irregularities in the execution of the indigenous survey and “the structural disregard for indigenous land rights”.

In addition, “threats and harassment” by state government and Sener officials against the wind farm opposition have increased. These would limit civil rights and threaten the personal safety of protesters.

According to the constitution, a “Consulta Indígena” (“indigenous consultation”) must be carried out in order to obtain planning permission for large-scale projects on indigenous land. The affected population should be notified and asked for permission.

The lawsuit filed by the community from Unión Hidalgo against irregular consultation procedures in the case of the Gunaa Sicarú wind farm was already legally recognized in 2018 by the Chief Justice of the Regional Court of Oaxaca, Elizabeth Franco Cervantes.

Her ruling called on the company to suspend construction work until it was proven that the “right to prior, free and informed consultation” had been respected. The EDF Group, the second-largest electricity producer in the world, plans to build a wind farm with 115 wind turbines on the resource-rich land.

The non-governmental organization “Project for Economic, Social and Cultural Rights” and other organizations welcome this ruling. This is a “historic decision” in the Mexican context, as it is the first time that the position of the indigenous population has been confirmed in a legal dispute over a major project.

In addition, they complain that so far compliance with the ruling has not been guaranteed. Although state officials are required to conduct the survey impartially, the Sener and state government officials have worked in favor of the EDF project.

In solidarity with the company, they put pressure on the affected community. The opponents of the construction project reported that during the interviews in Unión Hidalgo (2018 and 2019) the population was deprived of the opportunity to defend themselves against the project.

Some people felt pressured to stop their protests and agree to the construction, in some cases through “aggressive harassment and violence”.

A report by the UN Human Rights Council had shown that indigenous land rights had also been disregarded in consultation procedures for other major projects. This would place the interests of transnational corporations above the right of indigenous people to freely decide how to use their land.

The development model in the country, which relies on foreign investment through the construction of large-scale projects, is also to blame for this discrimination, the wind farm opponents said.

They regret that the example of Unión Hidalgo shows once again that the legal system “structurally discriminates against indigenous peoples and communities, thus creating a context of stigmatization, criminalization, and violence against indigenous human rights activists”.

The protesters are calling on Judge Franco Cervantes to ensure that her ruling is enforced and to allow communities from Unión Hidalgo to take a fair part in the decision on the Gunaa Sicarú wind farm.

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