For the past twelve weeks, I had the opportunity to advocate for the rights of the indigenous Zapotec community as a Program on Human Rights and the Global Economy (PHRGE) Fellow in Proyecto de Derechos Económicos, Sociales y Culturales (ProDESC) in Mexico City. As a non-governmental organization, ProDESC’s mission is to defend the human rights of underrepresented workers and communities in Mexico so as to promote a higher quality of life and participation in their own development. It is this very mission combined with my interest in corporate accountability that attracted me to this organization. I contributed to ProDESC’s current work regarding human rights violations in the consultation process for the implementation of a wind energy project in Juchitán.
International Labour Organization Convention No. 169 provides that States are obligated to guarantee the indigenous peoples’ right to free, prior, and informed consultation when legislative or administrative decisions and actions could directly impact their lives. To comply with this, Mexico devised a Protocol for the development of wind energy projects. The State initiated the consultation process in November 2014. ProDESC formed an Observation Mission to ensure that the process was being conducted according to the highest standards of human rights. I was tasked with composing a report that compared the Protocol with (1) the reports published from the Observation Mission and (2) the standards established in Saramaka People v. Suriname and Kichwa Indigenous People of Sarayaku v. Ecuador, two court cases decided by the Inter-American Court of Human Rights.
I have identified that in the first two phases alone, most of the principles of the Protocol have not been followed. The Zapotec peoples are being coerced by authoritative representatives of the wind energy company, prevented from gathering to discuss their interests prior to sessions, limited by biased moderators from participating, and living in a hostile environment filled with threats and attacks of intimidation. Moreover, the community’s customs and way of life are not respected; for example, interpreters are unqualified and inconsistently translate pertinent information. Above all, the information provided is lacking and requests for further information are not met; therefore, they are unable to properly evaluate the project. Mexico has failed to ensure that the Zapotec peoples are properly consulted on the implementation of a wind energy park that could affect their cultural and social life. Subsequently, Mexico is also violating their fundamental right to cultural identity.
It is clear that simply having a written Protocol that incorporates international mechanisms is not enough; enforcement of said Protocol is essential. More often than not, such enforcement is lacking because corporations exploit the State’s need for economic development. States cannot fall prey to this. They must remain grounded and not allow the economic interests of corporations to take precedence over the human rights of the potentially affected community. In this case, the consultation process is one of the first Mexico has tried to conduct. Therefore, it is crucial that the violations already identified be addressed to prevent a bad precedent from being established.