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.

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