A French court has given the greenlight to a lawsuit filed by Indigenous communities in Mexico against French energy giant EDF over its Gunaa Sicarú wind farm project. The case was filed under France’s Corporate Duty of Vigilance Law, which aims to hold French companies accountable for abuses overseas.
The lawsuit alleges that EDF failed to properly consult with local communities and respect their land rights, leading to violence and intimidation against residents who opposed the project. The Zapotec communities in Oaxaca state claim that the wind farm has caused environmental damage, disrupted traditional ways of life, and divided the community.
Despite EDF’s efforts to build relationships with local communities through assemblies and consultations, opponents of the project, such as longtime resident Pedro Matus, argue that these meetings were often attended by hundreds of people, and harassment and threats against opponents were common.
The French court’s decision allows the lawsuit to proceed, despite EDF’s initial attempts to stall the litigation on procedural grounds. The case highlights the challenges faced by Indigenous communities in defending their rights and protecting their lands from large-scale development projects aimed at mitigating climate change.
Experts warn that megaprojects associated with the energy transition can produce local conflicts similar to those triggered by fossil fuels if adequate safeguards are not put in place. “If this energy transition is only being focused on the economic lens, and not on the impact of climate change on human rights, then these projects are destined to keep perpetuating those abuses,” said Guillermo Torres, a senior lawyer with the Mexican campaign group ProDESC.
The case has significant implications for EDF and other French companies operating abroad. It marks the first time that an Indigenous community in Mexico has invoked its collective land rights under France’s Corporate Duty of Vigilance Law.
The dispute surrounding Gunaa Sicarú highlights the need for more effective consultation with local communities, greater transparency, and stronger safeguards to protect human rights and the environment. As the world transitions to cleaner energy sources, it is crucial that these megaprojects are designed and implemented in a way that respects the rights and interests of all stakeholders involved.
As EDF made payments and prepared to build its Gunaa Sicarú wind farm project in Mexico, an outside civil society group arrived on the scene, sparking tension and controversy. According to Juan Tamayo, a former top official at EDF, this group held assemblies with only 40-50 people, claiming to represent the entire community.
Tamayo alleged that these meetings were not representative of the community’s views, leading to agitation and ultimately, Mexico’s Federal Electricity Commission (CFE) cancelling its power supply contract with EDF in 2022. This move effectively halted a multimillion-dollar project, as there was no longer a buyer for the electricity generated by the wind farm.
However, analysts point out that the CFE’s decision may have been influenced by a federal court ruling in Oaxaca from 2021, which suspended EDF’s project due to violations of Indigenous rights and issues with the company’s consultations.
When asked for comment, an EDF spokesperson declined to provide any statement on the situation. Meanwhile, the Ecological Forum, an environmental organization based in Juchitán, has raised concerns about the impact of windmills on local wildlife and agriculture. Gonzalo Bustillo, the group’s legal representative, noted that migratory birds have changed their routes since the installation of the wind turbines and that large swaths of farmland have been disrupted.
On the streets of Union Hidalgo, locals expressed mixed opinions about the wind projects. While some benefited from reduced energy bills or rental income, others worried about the impact on local food production and community divisions.
“This energy doesn’t have a social vision; it’s a vision for the big companies,” said Bustillo, echoing concerns that large-scale development projects often prioritize profits over people and the environment.
As the EDF case in France continues to unfold, campaigners warn that litigation around land rights and community divisions may intens beyond Mexico.
Source: Mongabay
