A/HRC/39/17/Add.3 framework regulating such activities is not in conformity with international standards. No proper environmental impact studies are conducted and no attention is paid to the cumulative impact of the projects concerned. Nor are social and cultural impact studies conducted from a human rights perspective. 36. In addition to the question of territorial rights and consultation, projects that are imposed on indigenous peoples disregard their rights to their own development models and have a serious impact on other human rights. It has been pointed out that the areas in which foreign investment is most highly concentrated are also the areas with the worst human development indicators, which indicates that the indigenous communities affected do not benefit from such projects. It is telling that, in Alta Verapaz, in areas with a high number of hydroelectric power plants, the communities have no electricity. In San Pablo, in San Marcos department, there are serious problems with electricity costs and supplies. Departments where agro-industry is particularly active, such as Alta Verapaz, exhibit the highest levels of acute malnutrition. In cases where a single water source is used for both monoculture crops and hydroelectric power plants, there is a serious impact on the indigenous communities’ human right to water. 37. The Special Rapporteur is concerned about the countless statements that she received regarding hydroelectric, mining and agro-industrial projects, the licensing and operations of which have violated the rights of indigenous peoples. In the Q’eqchi’ community of Sepoc in Alta Verapaz, she heard complaints about the impact that dams across the Cahabón River have had on the local communities’ access to water and about the fact that the community leaders have been treated as criminals for their opposition. Permanent licences for the Oxec I and Oxec II hydroelectric power plants were issued without consultation with the communities. In April 2016, the Constitutional Court ruled in favour of an amparo plea submitted by a number of communities7 and ordered the Ministry of Energy and Mining to hold retrospective consultations but omitted to order a suspension of operations. This is not in conformity with international standards. There was also a failure to hold consultations on the Santa Rita hydroelectric power plant on the Icbolay/Dolores river or the Renace complex on the Cahabón river. 38. A similar scenario occurs when it comes to mining projects. Complaints were received about water use, threats, criminal activity and violence associated with the Los Manantiales mining project in Chiquimula and the lack of respect shown for the ownership titles of the various communities concerned. In San Juan Sacatepéquez, the communities are suffering similar problems caused by the operations of Cementos Progreso, despite their efforts to find a solution. The recommendations of the previous Special Rapporteur, Mr. Anaya, and the precautionary measures imposed by the Inter-American Commission on Human Rights in the case of the Marlin mine have not been implemented. The Special Rapporteur is concerned at the divisions within the communities and the deterioration in their own forms of social organization and authority caused by the mining activities. 39. The Constitutional Court has also ordered the suspension of mining projects because of the lack of consultation. In Casillas, in Santa Rosa, the Special Rapporteur met with mayors, women and members of Xinka communities affected by the San Rafael mine, whose operations are suspended pending a definitive ruling by the Court. In addition to the failure to consult, there were allegations that the Xinka identity was denied and that, in addition to criminalization, there had been an impact on livelihoods, water and housing. 40. The rights of indigenous people, including the right to water, are affected by the expansion and impact of monocultures, owing to the pollution and diversion of rivers and the alteration of their courses for irrigation purposes. This affects access to water for domestic use and the rights to health and food, especially food for children and pregnant women. There were also complaints about the impact of spraying and the use of dangerous pesticides. Three years ago, there was very serious pollution of the La Pasión river in Petén as a result of the activities of Reforestadora de Palmas del Petén S.A. (REPSA), an African palm grower, yet those responsible were not punished. On the Pacific coast, the south-west and the Northern Transversal Strip, the increasing appropriation of community land to 7 8 Consolidated files 90-2017, 91-2017 and 92-1027. GE.18-13268