A/HRC/39/17/Add.2 consultation processes are seriously hindered by the lack of trust and mutual understanding between the parties, for example in cases where conflicts occurred during previous development projects as a result of inadequate consultation. 38. Under environmental and energy law, companies that develop projects are required to conduct social and environmental impact assessments, which must be approved by the environment authority and the Ministry of Energy. However, these assessments are approved before consultations are carried out and do not adequately identify the real impacts that projects will have on the rights of indigenous peoples. As noted by the Working Group on the issue of human rights and transnational corporations and other business enterprises in its report on its mission to Mexico, the competent authorities are limited in their capacity to examine the assessments submitted by companies and to ensure proper oversight of their activities. 9 39. The problems described above are reflected in the numerous complaints received by the Special Rapporteur about mining, hydropower, wind power, solar power, hydrocarbon, agro-industry, infrastructure and tourism projects and about the granting of forest exploitation permits, among other issues. 40. Consultations are sometimes carried out retrospectively. In the municipality of Muna in Yucatán, the ejido and environmental authorities authorized a solar power project that would involve the installation of over a million solar panels in indigenous territories, without prior consultation of the Maya communities that would be affected. It is claimed that the initial contracts signed by the ejido and the company undermined the freedom of the consultation process and caused divisions and tension within the community. Indigenous community members who raised questions about irregularities in the process were subjected to threats, defamation and attacks. 41. In Oaxaca, the federal and state authorities have promoted large-scale wind power projects without the participation or consultation of indigenous peoples, through contracts between companies and ejido authorities, which are not necessarily the authorities that represent indigenous communities; those contracts allegedly contain serious irregularities. This has had an impact on indigenous land tenure, the environment, traditional economic activities and community life, and opponents to the projects have suffered accusations and attacks. The Zapoteca community in Juchitán, which has been affected by the Eólica del Sur wind farm project, has brought amparo proceedings in the hope of obtaining a suspension order; a Supreme Court decision is pending. The consultations organized by the State were allegedly flawed because they were held too late and there was a lack of appropriate information about the project and its impacts. 42. There are serious concerns about the lack of prior consultation of indigenous peoples who could be affected by a second phase of expansion in wind power projects in the Isthmus of Tehuantepec, as well as by mining projects, a gas pipeline and the creation of special economic areas. It is claimed that the law establishing these areas should have been the subject of consultations, since it provides for the creation of areas governed by special development regimes covering issues such as transport, communications, energy and hydropower infrastructure, which will have social and environmental impacts on the region. The state authorities claim that the proposed areas in Oaxaca and Chiapas will not include indigenous lands. 43. The cultivation of genetically modified corn and soya affects the biocultural heritage, food security, traditional economy and territorial rights of indigenous peoples. The Maya communities in Campeche continue to be affected by the cultivation of genetically modified soya, which has expanded considerably in recent years, causing deforestation and other impacts on their water, health and traditional farming and beekeeping. Even though the Supreme Court ordered the suspension of such activities in Campeche while the Maya communities were consulted, deforestation and planting continued. It was also reported that, during the consultations carried out in 2016 and 2017, community members and their 9 8 See A/HRC/35/32/Add.2, paras. 58–62. GE.18-10617