A/HRC/36/46
defenders were killed in Honduras, many of them from indigenous communities that
resisted development projects on their territory. 66
113. The Agua Zarca dam is a renewable energy project carried out on the Gualcarque
River by the Government of Honduras as part of its larger energy policy supporting the
implementation of hydroelectric and wind projects to reduce the use of fossil fuels. It is one
of about 40 hydroelectric projects. The project involves a 20-year concession in favour of
the Honduran company Desarrollo Energético S.A. and was initially funded by a private
equity fund whose main contributor was the International Finance Corporation, part of the
World Bank Group. In 2011, the company began to acquire lands that were part of the
ancestral territory of indigenous Lenca communities. The communities objected to the
project as it affected their lands, crops, water sources and habitat. In addition, they consider
the Gualcarque River sacred as it is home to female spiritual beings. The dam has resulted
in great community divisions, death threats, harassment, criminalization and the
extrajudicial executions of indigenous Lenca leaders opposed to the project.
114. Protests against the dam in 2013 led to the withdrawal of the private equity fund, so
the World Bank ceased active participation in the project. In March 2016, Lenca leaders
Berta Cáceres and Nelson García, who had both led protests against the Agua Zarca project,
were assassinated. Following their killings, the investors, the Netherlands Development
Finance Company-FMO, the Central American Bank for Economic Integration and
Finnfund, suspended funding for the project.
D.
Other related situations
115. There are numerous projects related to human rights violations against indigenous
peoples in the context of renewable energy projects but where the funding cannot be
certifiably linked to climate finance. A potential example includes the construction of the
Don Sahong dam in the Lao People’s Democratic Republic.67
116. The Don Sahong dam project is currently under construction, affecting indigenous
peoples living along the banks of the Lower Mekong River (which also spans Cambodia,
Thailand and Viet Nam). Mega First, a Malaysian company which is leading the
construction, manifests its intention to increase investments in clean, renewable sources of
energy.68
117. The company makes no references to respect for human rights in its reports. A
number of violations, including of the right to information and participation and the rights
to food, health, housing and culture of indigenous peoples, have occurred. No known
efforts have been made to obtain the free, prior and informed consent of the indigenous
peoples whose lands, territories and resources are affected.
IX. Conclusions and recommendations
A.
Conclusions
118. Indigenous peoples have been engaged with the climate change processes since
1992, when the United Nations Framework Convention on Climate Change was
opened for ratification, and have consistently advocated for respect and protection of
their rights. While there are no references to indigenous peoples in the Convention,
indigenous peoples’ rights have been recognized in subsequent decisions of the
Conferences of the Parties and in the Paris Agreement. Respect for human rights
66
67
68
20
See www.globalwitness.org/en/campaigns/environmental-activists/honduras-deadliest-country-worldenvironmental-activism/.
LAO1/2016.
See http://mega-first.com/pdf/ar_2016.pdf.