A/HRC/33/42/Add.2
its reservoir has affected non-indigenous populations. This has resulted in the illegal
settlement of Tawahka lands because there is no proper plan for resettling these
populations. It is a matter of serious concern that the network of dams is affecting the water
level of the rivers used by the Tawahka and Miskito communities for their livelihood and as
a means of transport and that it is flooding their ancestral forests. The Special Rapporteur
was informed that no appropriate consultations with these indigenous peoples had been
held and that there had been no proper studies to assess the impact on their territorial rights.
50.
She also received information about the construction of the Cerro de Hula windfarm project in Santa Ana, Francisco Morazán Department, where it is claimed that the
municipal authorities and the environmental authority did not consult the local Lenca
communities. According to this information, the development company persuaded
indigenous individuals to sign agreements leasing their lands, warning them that, if they did
not, their plots of land would be expropriated. The indigenous communities have claimed
various forms of compensation from the company for environmental damage caused by the
project. Their claims have not been addressed and it is feared that further environmental
damage could be caused if the project is extended to neighbouring municipalities inhabited
by indigenous communities.
2.
Extractive, agro-industrial, tourism and infrastructure projects
51.
Complaints were also made about the increase in the number of mining concessions
in Honduras, including those for opencast mining. According to the information provided,
about 97 licences have been granted for the extraction of metals and 193 for the extraction
of non-metal products, while over 500 mining projects are awaiting approval or are at the
application stage.
52.
Government representatives stated that the granting of concessions or licences for
mining projects was dependent on consultations with and support from local communities.
The General Mining Act of 2013, however, provides that public consultations must be
conducted before mining permits are granted, which may take place after the granting of
prospecting and exploration rights, when there already exists a contractual relationship
between the Government and a company.
53.
Representatives of indigenous peoples said that mining projects had been carried out
without prior consultation, including the Cuaca I, II and III projects in Olancho, which
would affect the Nahua people, and the antimony mining operations in Locamapa, in Yoro,
which would affect the Tolupán people. They also mentioned the mining operations in the
basin of the Patuca river conducted by foreigners without government authorization or the
consent of the Tawakha people.
54.
Another concern is the contract signed in 2013 between the Government and British
Gas to explore and mine hydrocarbons in an area of more than 35,000 square kilometres on
the coast of La Mosquitia without consultation with the indigenous peoples of the region.
Following protests by the Miskito people, the Government and British Gas initiated a
consultation process with representatives of the Miskito people, who had drawn up a
“biocultural protocol” as a basis for the consultations. The focus of the consultations was
the conditions and guarantees demanded by the Miskito for the protection of their rights,
including impact studies, financial contributions during the exploration stage and another
round of consultations before any drilling work or mining operations started. The Special
Rapporteur was told that there had been no similar consultation procedures with other
indigenous peoples potentially affected by hydrocarbon operations. Government
representatives said that the experience acquired during the negotiations with the Miskito
people regarding oil production, which had not yet resulted in an agreement, would serve as
a basis for future consultations with indigenous peoples on mining projects.
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