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Interview ENCA speaks with Hector Berríos Impacts of Hydro projects Report from Longo Maï in the south of Costa Rica. COPINH Persecuted Overview of the situation faced by opponants to the Agua Zarca Dam ENCA www.enca.org.uk Issue 59. October 2013 Environmental Network for Central America

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Page 1: ENCA · Violence against and Criminalization of Indigenous ommunities [. 2. ZHonduras: Amnesty International condemns the recent killings of people defending justice, equality and

InterviewENCA speaks with Hector Berríos

Impacts of Hydro projectsReport from Longo Maï in the south of Costa Rica.

COPINH Persecuted Overview of the situation facedby opponants to the Agua Zarca Dam

ENCAwww.enca.org.uk

Issue 59. October 2013

Environmental Network for Central America

Page 2: ENCA · Violence against and Criminalization of Indigenous ommunities [. 2. ZHonduras: Amnesty International condemns the recent killings of people defending justice, equality and

Printed on recycled paper by Newark Designer Print

ENCA aims to work directly with people in communities who are seeking to arrest environmental degradation and who are often struggling against the repression and violence of armies and police forces acting under the command of wealthy individuals, transnational corporations and corrupt politicians. We campaign with them to place environmentalrights within national constitutions and to ensure that all natural resources are made tobenefit the many and not the few.

Contact Details

Email: [email protected]: www.enca.org.uk

Chair: Nick Rau 0208 809 [email protected]

Secretary: Sheila Amoo-Gottfried0208 769 [email protected]

Treasurer: Janet Bye01473 [email protected]

Postal AddressENCA, c/o Janet Bye5 St Edmund's Place IpswichIP1 3RA

Editors:Martin MowforthDoug Specht

Cover Photo:Daniel Ortega meets Wang Jing of HKND

COPINH Persecuted for Opposition to Dam Project

Since 1 April 2013, inprotest at the violationof their land rights, theLenca community inRio Blanco has been

blocking the access road to the dam sitewith the support of COPINH. This hasplaced them in direct confrontation withthe authorities, who have reacted bymilitarising the area and unleashing acampaign of persecution againstCOPINH's members.

On 15 July, Tomás García, a Lenca leaderand member of COPINH, was murderedand his 17-year-old son, Allan GarcíaDomínguez, was seriously injured afterbeing shot without warning by themilitary as they were walking towardsthe site of the road block. The shootingswere strongly condemned by bothAmnesty International and the Inter-American Commission on Human Rights.A soldier has been arrested inconnection with the killing but accusedof murder in self-defence, a chargewhich allows him to be released on bailinstead of imprisoned pending trial, as isnormal for homicide cases. According toCOPINH, the bail has been paid by DESA.

As well as this direct attack on a keymember of COPINH, the movement isalso a victim of a more insidiouscampaign, of criminalisation. In the firstincident, Berta Cáceres, COPINH'sGeneral Coordinator, was arrested on 24May together with Tomás Gómez,another member of the COPINHleadership. Although he was releasedimmediately, Berta was jailed until thefollowing day, accused of “illegallycarrying weapons” after a gun was foundin their car by soldiers at a militarycheckpoint in Río Blanco. It is widelybelieved that the gun was planted tocriminalise COPINH and delegitimise thestruggle of the people in Río Blancoagainst the dam project. Thanks to hugesupport by national and internationalorganisations – over 40 representatives

In recent months there has been anescalation in the persecution ofHonduran human rights defenders actingto protect the environment againstmegaprojects. A particular target hasbeen COPINH (Civic Council of Popularand Indigenous Organisations ofHonduras) which for over two decadeshas worked to defend the territory,traditions and rights of the Lencaindigenous people in the west of thecountry (see ENCA Newsletters 50 and52).

This persecution of COPINH has includedcriminalisation, death threats andmurder, for its peaceful opposition tothe Agua Zarca hydroelectric damproject, in the Rio Blanco region, Intibucádepartment.

DESA, a Honduran company, contractedSINOHYDRO, the giant Chinesehydroelectric corporation that currentlycontrols half of all hydroelectricresources in the world outside of China,to construct the dam as part of SIEPAC(Central American Countries' EnergyInterconnection System), an initiativewhich is ultimately intended to form aregional grid.

For the Lenca people, however, the damrepresents the desecration of theirsacred Gualcarque River, and the theft oftheir ancestral land, to which they havelegal title and on which they depend fortheir livelihoods. This hydroelectricconcession is just one of a huge numbergranted since the 2009 coup – 40 underjust one law in September 2010 –without any consultation of theaffected communities and in violation ofHonduras' international obligationsunder ILO Convention 169 on the rightsof indigenous and tribal peoples.

PROAH give an overview of the situation faced by opponentsto the Agua Zarca Dam.

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were outside the courtroom during thehearing – on 13 June Berta Cáceres wasgranted a temporary stay in proceedingsagainst her due to lack of evidence, withthe version of events provided by thepolice (who had failed to investigate thealleged crime) and the armycontradicting each other. However, thePublic Prosecutor's Office (Fiscalía)succeeded in having the court's decisionoverturned on appeal.

The revival of this charge has beensignificant in the next set of proceedingsagainst Berta Cáceres, who has nowbeen accused, along with Tomás Gómezand Aureliano Molina, another memberof the COPINH leadership, of landusurpation, damage to private propertyand coercion. Following the initialhearing, in La Esperanza, Intibucá, thejudge issued a decision on 20 Septembersentencing Bertha Cáceres to prisonpending trial, and Tomás Gómez andAureliano Molina to alternativemeasures to prison – signing at a courtevery two weeks and a prohibition onvisiting the dam construction site.

At this latest hearing, which a PROAHmember attended as an observer, noevidence was provided linking the threeleaders of COPINH to the damage at thedam site. The 'coercion' appears toconsist of COPINH's support for thecommunities in the Rio Blanco regionwhich, over the past six or seven years,have consistently opposed a range ofconcessions in cabildos abiertos (formalcommunity debates).There was thesuggestion during the hearing thatCOPINH had incited the people of RioBlanco to damage the hydroelectriccompany's property – however, Bertaargued that COPINH has alwaysadvocated peaceful protest, and hasactually been praised by the authoritiesfor seeking to promote dialoguebetween the state and the community.The 'usurpation' is assumed to refer tothe road block preventing access to thedam site - organised by the communityon its own ancestral land.

Víctor Fernández, COPINH's lawyer, haspointed out that the formal chargeagainst the three issued by the PublicProsecutor's Office bears a remarkable

resemblance to the complaint lodged byDESA – the prosecution had reproducedit without, it appears, conducting its owninvestigation. It is obvious that thecharges are spurious and designed tostifle legitimate protest – AmnestyInternational has stated that it willconsider the three prisoners ofconscience if they are imprisoned.

The treatment of Berta, sentenced toprison pending trial, contrasts starklywith that of the soldier accused ofmurdering Tomás García – released onbail. COPINH has lodged an appealagainst these latest charges.

Víctor Fernández, COPINH's lawyer, hasrevealed that he could potentially facesimilar charges to those faced by theCOPINH leadership – of 'incitement' forhis support of the community of LaNueva Esperanza in its fight againstmining, in his capacity as Coordinator ofMADJ (Broad Movement for Dignity andJustice). The mining company, MineralesVictoria, has filed a complaint with thePublic Prosecution Service apparentlyaccusing the community of violating itsrights, an extraordinary charge given thepersecution suffered by the people of LaNueva Esperanza at the company'shands.

As well as the criminalisation of theleadership, Desiderio Méndez, a COPINHmember and a key witness to TomásGarcía's murder, is now also facingcriminal charges. He was taking part inthe same march as Tomás and his son,and was near them when they were shot– his neck was grazed by one of themilitary's bullets. At 3 am on 5September, policemen burst into thehouse in La Tejera, Rio Blanco, where he

was sleeping, firing shots andthreatening the 14 members of thefamily, including 6 children. They stolebelongings such as cell phones, andflashlights, and vandalised property,which include spilling the family's sacksof food, ruining it. Then, without anarrest warrant, they took DesiderioMéndez away, threatening to torturehim so that “he would talk,” and refusingto say where they were taking him. Theyheld him for 24 hours, and charged himwith allegedly having a gun in the house.It is significant that, of the 14 occupantsof the house, only he was accused ofpossession of a gun, suggesting that he isbeing persecuted for his role as awitness.

The Honduran government is relying onmegaprojects to balance its books, theclearest sign being the adoption on 22July 2013 of the Law for the Promotionof Development and the Restructuring ofthe National Debt which encourages theselling off of national assets, includingnatural resources. Given that thegovernment considers the stakes so high– and is prepared to use both the statesecurity forces and a corrupt justicesystem to impose its will – this can onlypoint to further persecution of thedefenders of the environment unlessthere is a radical change in the directionand implementation of national policy.Many in Honduras and the internationalcommunity consider that this and othercrucial issues are at stake in theforthcoming November elections.

Sources

1. For more background see Rights Action's report ‘The Agua Zarca Dam and Lenca Communities in Honduras: Transnational Investment Leads to Violence against and Criminalization of Indigenous Communities’.

2. ‘Honduras: Amnesty International condemns the recent killings of people defending justice, equality and human rights’ AMR 37/007/2013 of 29 July 2013 and ‘IACHR Condemns the Murder of Lencaindigenous leader and injuries to a child in Honduras Military operation’ Press release No. 52/13 of 19 July 2013. See also SOAWatch article ‘The Murder of Tomás García by the Honduran Military and translation of interview with Berta Cáceres “A Desperate and Criminal Act”’

3. https://www.frontlinedefenders.org/node/230764. See Amnesty International's press release Honduran

Indigenous leaders at risk of unfair imprisonment5. See MADJ alert Persecución a Lideres del MADJ6. See PROAH articles Mining project in La Nueva

Esperanza: Alarming escalation in intimidation of the community and La Nueva Esperanza: So far, a situation of flagrant impunity

ENCA 59. September 2013. Page 3

COPINH Persecuted

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In September 2012, ENCA memberJames Watson embarked upon an epicjourney from the UK to and aroundCentral America where he worked onnumerous projects run by ENCA’spartner organisations in the region. Itwas ‘epic’ not only in its length of time,but also for the fact that he undertookthe journey without flying. His blogentries have made fascinating readingand are all available onwww.enca.org.uk/flightlesstravel.htm .Most ENCA members will probablyalready be familiar with the blog, butENCA would like to thank James forraising sponsorship money for ENCAthrough his travels by producing a fewextracts from his final blog entry. Weurge everyone to visit and re-visit thetotal of 20 blog entries that he made.

I hope that my blog, or at least someparts of it, has been interesting tothose who've read it! Travelling as asponsored journey for ENCA – with anoverall purpose of avoiding planes andwith this blog to record the mostinteresting parts – has for me madethe whole year a lot more interesting,and given it a sense of purpose. Themost vivid memories have been fromhitch-hiking and couchsurfing,travelling by cargo ship, working withthe clinic in Nicaragua, and visiting allthe ENCA partners to see theirstruggles around the environment andjustice in Central America.

Across Europe and Turkey and much ofMexico, I hitch-hiked to get from A toB, and used Couchsurfing to find placesto stay wherever I ended up.Couchsurfing is a free website oronline community of people whoadvertise free bed space in theirhomes, for people to potentially stayover on their travels. Both involvethrowing yourself on chance and thekindness of complete strangers, andfor this reason both were incredibleexperiences for me. To be able to gethundreds of miles, across wholecountries and continents, with noformal travel companies was amazing.Just the rush of gratefulness everysingle time someone picks you up –chooses to take the risk and helpsomeone they've no knowledge of atall – opens you to the most stunningrealisation that the world is full ofgood people.

Then, you arrive in a new place – youmight have heard of it, or maybe it'slost in the back end of nowhere you'dever imagined you'd visit – and,through Couchsurfing, meet anotherstranger who lets you sleep in theirhome for free! But more than that,with Couchsurfing you meet someonelooking to welcome you as a newfriend – and prepared to be anamazing local guide to teach a bitabout the place you've found yourselfin.

Coming back to Europe, I have justcompleted my second journey as apassenger on a cargo ship. Earlierarticles cover the experience on theship on the way out, and the all-important relative carbon-emissionscaused by cargo ship travel as opposedto flying (the fundamental reasons whyI chose to do the whole year's travelwithout planes). My return trip was 14days, a little shorter than the outwardjourney, but even more enjoyable.

Within a day or two on the BFIpanema, and for the whole of myreturn on the Schubert, the fear ofisolation had given way to sheer aweat the huge, changing beauty of theocean. On one occasion on the returntrip I finally caught a shoal of dolphinplaying around the ship, and theamazing uniqueness of experienceslike that make the journey worth it.But even when only waves break thesurface of the empty ocean, you can'thelp but get lost in its simple beautyand inconceivable vastness – thisendless surface covers our planet andreminds you just how big Earth is, andhow small and reliant we are on it.

Most important on a 2 week voyagethough is to have something to do, andso I had armed myself with a computerfull of downloaded books and films forboth journeys. Between reading,staring at the sea, taking the sun (on

ENCA 59. September 2013. Page 4

Hitching across Central America for ENCA

Hitching Across Central America for ENCAJames Watson says a short goodbye: and gives us a last round-up of his low carbon trip visiting ENCA’s projects in Central America

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the Caribbean end of the journeys) andorganising my thoughts from mytravels, I found it extremely beneficialto have this empty time, remote fromdaily living, to fill with whateverthoughts I wanted.

The Clinica Xochil, NicaraguaHaving a chance to return to the clinicfor 2 weeks at the end of my time inCentral America was, it turned out, anessential part of my volunteering, thatmade the whole experience muchmore rewarding. When I arrived, theclinic was just in the process of movingsite, to a much better building on theother side of El Viejo. This had been apriority I identified with the clinic'sdoctors back in January, so it was greatto see this finally happen. Moreover, Ifound out on my return that some ofthe donor-relations I had been tryingto build for the clinic had finally beenpaying off – a US organisation calledWisconsin Nicaragua Partnership hadsent a huge donation of medicalsupplies and equipment, and theywere to send a second one before Ileft. Then, we received a visitor fromNorwich-El Viejo link, a UK basedcharity I had contacted in February.

Seeing all these changes, after theground-work I had helped to layearlier, was extremely gratifying. Inthese last 2 weeks I was able to usethe connections and Spanish skills Ihad established to arrange a solidperiod of shadowing with the doctorsin the government hospitals of thearea. This rounded off the experiences.The entire period spent at the clinichas given me the best foundation inwhat medicine means in CentralAmerica.

Getting Below the Surface of CentralAmerica with ENCAThe opportunities that ENCA'sconnections have given me whiletravelling through Central America –and even up into Mexico – made ahuge difference to the depth ofexperience I was able to havetravelling. I've been involved in ENCAsince 2007 and already had someknowledge of the environmental andsocial problems of the region, but Ilearnt a huge amount this year aboutjust how interconnected the issues inCentral America are. Environmentalissues tied to health problems aboundacross the region – chronic respiratoryproblems from firewood smoke, watercontamination from ineffectivelatrines, deforestation leading to lackof clean water and cancers and birth-defects from agrochemicals, to namejust a few. Behind all these problemslies the socio-economic disadvantageof the countries and marginalisedpeople within them. And behind thisrun the channels of corruption andexploitation that maintain it – thatconcentrate what wealth there is inthe country with tiny minorities withsupport from international trade andlocal politicians, and leave little extrafor meaningful development for theimpoverished majority. Countrieswhere the environment is exploited bybig businesses without any regard forthe locals who rely on it for theirsurvival, just as the scarcity of jobs

allows big business to exploit cheaplabour with bare safety regulations.

But what really amazed me on this tripwas how these common threads unitesuch a sheer diversity of differentpeople and social movements there.Each of the organisations I visitedshowed me a completely different wayof life, and each had their ownstruggles and ways of fighting – fromthe CMO in Nicaragua helping womenorganise small businesses to helpthemselves (see my article, p4-5 ofENCA newsletter 58 – May 2013), tothe demonstration plots of MOPAWIand IPES bringing innovativeagriculture to support marginalisedfarmers in Honduras and El Salvador.From, in Honduras, the dangeroussocial protest of COPINH and theinternational legal challenges ofOFRANEH, all the way up to theoutright rebellion and creation ofcompletely autonomous spaces of theZapatistas of Mexico (who are still – fortheir sheer determination of will not tobe victims any more – the group thatinspired me the most).

I hope my travels and blog have raisedyour interest in both Central Americaand the work of ENCA. If this articleand trip have inspired you, it ispossible to make a donation to supportENCA’s work via our websitewww.enca.org.uk

ENCA 59. September 2013. Page 5

Hitching Across Central America for ENCA

The sheer diversityof people and socialmovements workingtogether is amazing

Berta, coordinator of the Clinica Xochil, with some of the supplies from WisconsinNicaragua Partnership – More of James pictures can be seen at www.enca.org.uk

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The last 4 months have seen many ups anddowns in the struggles against large scalemineral extraction in Central America. As hasbeen reported many times before in ENCAnewsletters, the mining sector in CentralAmerica is responsible for majorenvironmental and human rights abuses, andmovements against the industry often facebrutal and sometimes fatal oppression.

In Guatemala these struggles have led to somesuccess in the last quarter. Hudbay Minerals,which has been at the centre of many articlesin ENCA newsletters about their human rightsand environmental abuses, will now facemultiple lawsuits in Canada. The lawsuitsrelate to allegations of shootings, beatingsmurder and rapes carried out by thecompany’s security personnel at the Fenixmine. Hudbay Minerals has previously foughthard to have the case tried in Guatemalawhere it may have more easily been able toinfluence the outcome. The moving of the trialto Canada may set a new precedent that willhelp developing nations to bring Canadianmining companies to account.

Further good news from Guatemala. TahoeResources’ Escobal mine licence has beenchallenged by the Guatemalan courts. Themine which is situated in San Rafael, Las Floreswas granted a licence without the

ENCA 59. September 2013. Page 6

Mining News Summary

Mining NewsDoug Specht examines the ups and downs of mining actions in Central America in the last quarter.

consideration of 250 oppositions filed againstthe project. Tahoe Resources has appealed thecase, and the mining permits have not yetbeen revoked. The recognition by theGuatemalan courts, however, is an importantstep forward in addressing the objections tothe mine and towards holding the Ministry ofEnergy and Mines to account over itsconcession granting policies.

Sadly news from Costa Rica is less cheerful. In2011 Costa Rica took the bold move to banopen-pit mining throughout the country. Whilethis step has been a great boon for theenvironment, it has caused a backlash frommining companies already invested in thecountry. As reported previously by ENCA, theCanadian mining company Infinito Gold hasbeen perusing legal action against the CostaRican government, after reportedly investingUS$92 million into the Las Crucitas concessionlocated near the border with Nicaragua. Aftermonths of negotiations, the lawsuit against thegovernment was made official on 4th Octobervia the company’s local subsidiary IndustriasInfinito. Infinito Gold now formally seeksUS$1bn in compensation. Hope may come inthe form of irregularities at the inception ofthe mining permit. As Infinito Gold pursuetheir claim, seven Costa Rican governmentofficials, including the former minister ofenvironment, await trial over alleged‘donations’ made by Infinito Gold just monthsbefore the original permit was granted.Former President Oscar Arias also facesinvestigation.

$1bnThe amount of

compensation

sought by Infinito

Gold from the

Costa Rican

government

250The number of

objections to

Tahoe Resources’

Escobal Mine

2001The year Costa

Rica banned

open-pit mining

75%Percentage of

world’s mining

companies

based in Canada

Marlin Mine, Guatemala

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MM: Can you describe the Mesa’scurrent programmes?

HB: Well, first, a greeting to ENCA andits magazine – for us, it’s veryimportant. We believe that we’vemanaged to get to this point thanks tointernational solidarity.

As regards your question, we haveseveral axes of work. In El Salvador,one of these is to bring about a lawwhich definitively prohibits mineralexploitation which today is threateningus via new public-private partnerships… which are neoliberal economicprogrammes which have the tendencyto privatise natural resources belongingto the people. That is one of the issueswe are pursuing.

Another issue which we are promotingis raising the resistance to the level ofthe whole region. We have to articulatethe resistance at national level, but alsoat the level of Central America. Andthere are some efforts which havebeen made internationally, such as thecase of the Cerro Blanco mines inJutiapa, Guatemala, which share aborder with the western zone of ElSalvador. We’ve managed to get thismining activity suspended throughactivism in both Guatemala and ElSalvador. We’ve managed to get boththe Presidents of Guatemala and ElSalvador to issue a declaration about it,and we’ve demonstrated thatscientifically mining activity will have anegative impact on the drainage andwater flow through El Salvador

The source of the Lempa River basin isin our neighbouring country, not inours. If mining activity is developed inour neighbouring countries, we will beseriously affected. So we are usingcommunity radio stations inGuatemala, Nicaragua and Hondurasto cover many mining issues. [Mining]concessions have increased, so weneed to increase awareness in ourcommunities throughout CentralAmerica by means of the radio. That’sone of our campaigns.

The National Roundtable Against MetalMining has other efforts, other spacesof joint consideration with the peopleof Guatemala and Honduras.Specifically, we are looking at the waysin which we can … provide proposalsand alternatives which explain whythese [mining] projects should not beallowed. To this end, we are workingon a presentation to promote … ourproposal for a special law. … Thisspecial law implies a prohibition ormoratorium on mining exploitation.

Our country’s environmental problemsand vulnerability lead to stress – 90-100 per cent of our waters arecontaminated. … We believe that wemust have a law here that definitivelyprohibits mining exploitation in thecountry, which guarantees the right toa future for our people, whichguarantees the right to health, to foodsovereignty, the human right to water.And that will start to be achieved inpart through a legal framework which

ENCA 59. September 2013. Page 7

Interview with Hector Berríos

Interview with Hector BerríosIn September, ENCA member Martin Mowforth visited El Salvador andcaught up with Hector Berríos of the National Roundtable AgainstMetal Mining in El Salvador, known simply as La Mesa. (See ENCANewsletters 52, 53 and 56.) To keep our members updated on thecampaigns of La Mesa, we include here some extracts from theinterview with Hector.

prohibits mining for a period and givesour people the chance to seek topreserve the environment.

Another issue which we are discussingis that of international intervention,and this implies that whatever thelevel of the claim made by thecompany internationally and imposedon El Salvador – and this is millions – itmust not be surrendered. … Themoney could be invested in health, inagricultural projects for our people. Sowe are currently suggesting that ElSalvador is a sovereign state whichmust not submit itself to this type ofarbitration conducted through the freetrade treaties which are instruments ofthe World Bank where the onlyconsideration is the economy. We areseeing the transnational companiesprofiting without seeing their impacton human rights. … We believe thatthere are already a number ofcountries in the South which havebegun to acknowledge this – that it[The World Bank’s International Courtfor the Settlement of InvestmentDisputes] is a legal instrument whichresponds only to the transnationalcorporations.

So, at the moment our struggle hasmanaged to prohibit miningexploitation, but we believe thatPresident Funes has an idea to approvea law which prohibits mining. Well, notall the candidates for the 2014presidential election are talking aboutthis, so we must start raisingawareness in the population.

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In June 2013, Nicaragua granted theChinese construction company HKNDGroup exclusive rights to build thegreatest feat of engineering Nicaraguawill ever have seen: a waterway to rivalthe Panama Canal. Passed throughgovernment in a 2-day “hurried andbreathless” session, the construction isproposed to drastically reduce shippingroutes between US and Asia and putNicaragua onto the global shipping stage.

A second canal in Central America hasbeen a dream of engineers; and as globalshipping trade continues to increase, thedesire for a shorter route from NorthAmerica to Asia has reignited this dream.According to Dr Paul Oquist (responsiblefor National Policies and Plans under theSandinistas), the canal will cut thejourney time between China and Europefrom 18 to 11 days shaving off 800 kmfrom trips which previously wentthrough Panama. Its construction is alsoseen as a Sandinista / Ortega legacy – toeradicate poverty in Nicaragua throughits delivery of 10 - 15% growth over thenext five years. Without its construction,growth is predicted to be half of thisfigure and Nicaragua will continue to bedependent on foreign aid – anotherrestriction Ortega is keen to be free of.The location of a canal to rival Panamahas always been Nicaragua due to thesize and location of Lake Nicaraguawhich will form a large section of thecanal. Until now projects have beenabandoned due to the impossiblelandscape; but in June 2013, the $40bnagreement granted HKND Group a 50year commission to design, build andmanage the canal megaproject.

HKND Group

The Hong Kong Nicaragua DevelopmentGroup (HKND Group) is headed by the“secretive” Chinese businessman WangJing (41) who also heads Beijing-basedXeiwin Telecoms which, in 2012, signed a$300 million telecommunications deal inNicaragua. Upon hearing of historicaldreams of breaking Panama’s monopolyon global shipping, Jing was enthused bythe possibility of building a canal joiningNicaragua’s Atlantic and Pacific coasts.The total project approved by the newlypassed ‘Law 840’ includes theconstruction of the canal, two deep-water ports, an international airport (inMarrito), an additional ‘dry canal’ freightrailroad, a series of Free-Trade Zones(FTZ), and an oil pipeline. It is indeed agrandiose proposal, which Daniel Ortegapromises will double the GDP and tripleemployment by 2018. The rapidity of thedecision and grounds on which theagreement was made, however, have ledto outrage as it is feared that the price tobe paid by Nicaragua is astronomical.

Impacts

Law 840 or ‘the Canal Agreement’ waspassed through government byPresident Ortega with a vote of 61 to 35.Tension levels were revealed whenXochilt Ocampo, the only Sandinistalawmaker who failed to support the law,was removed from office ten days laterwithout explanation. Since the clauses ofthe agreement have been publiclyrevealed, national and internationalcommunities are growing moreconcerned with the socio-economic,

political, environmental anddevelopmental implications of thismegaproject. Opposing Liberal Partycongressman Luis Callejas said his partyfears the law because it “violatesconstitutional guarantees to privateproperty, natural resources andindigenous lands ... the canal will carveup Nicaragua and leave our nationalsovereignty in pieces.”

Firstly, HKND’s offer to fund the canalmegaproject was agreed with repeal oflaws which defend the country’s “naturalresources and all bodies of water”including Lake Nicaragua, its tributaries,all drinking water and sanitation. Indoing so, the HKND Group has beengranted “access to and navigation rightson rivers, lakes, oceans and other bodiesof water in Nicaragua.”

The second issue is that the 50 yearrights for HKND to build the canal arenot currently tied to a legally definedroute. Numerous routes (see Figure 1)have been suggested and all will haveserious impacts upon the environmentand the people who live there. The canalaims to accommodate vessels of morethan 60m in width and 22m in depthwhich will need vast areas of clearance inforested areas populated by ruralindigenous communities. There is alsoscepticism at the suggested increase ofemployment. When questioned on thejob distribution, Jing revealed thatoverseas construction companies will bebrought in as the “Nicaragua[construction sector] has no technicalcapacity”. While employment will growin secondary jobs and labour, the safety

ENCA 59. September 2013. Page 8

El Gran Canal: Bring Nicaragua to the world

El Gran Canal: Bringing Nicaragua to the worldAs Nicaragua signs a deal with HKND, Amy Haworth Johns examines the true costs of developing El Gran Canal.

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At 8,254 sq km, Lake Nicaragua is thebiggest freshwater lake in CentralAmerica and the Isla de Ometepe is apopular tourist hotspot with thousandsof people visiting its two volcanoes.Recognised as a symbol of nationalidentity and pride, the fear is that thelake will be rendered unrecognisableunder the new laws, as they grant HKNDthe right to “extend, expand, dredge,divert or reduce” any body of water. As asource of drinking water, theconstruction process and presence offreight vessels will leave the waterundrinkable.

Any proposed route will also cut throughthe ‘Nicaraguan ecological corridor’which runs between the lakes and theCaribbean coast. This corridor provideshabitats for fragile species such asjaguars, pumas, tapir, and many speciesunique to this area. The forested area is

also inhabited bynumerous indigenouscommunities includingthe Rama people, wholive in rural subsistencecommunities. Untilrecently, thecommunities alongproposed routes havereceived noconsultation orwarning of theconstruction which willcut through land theyhave used forgenerations. Whenquestioned, HKNDassured that

and security of such jobs is a cause forconcern.

The lack of a confirmed route or thelocation of accompanying airports,seaports, pipelines and FTZs willjeopardise future investment as it will beuncertain that sites will not beexpropriated once HKND finalises theroute (at a price determined by HKND).Figure 1 shows six of the proposedroutes, all running through LakeNicaragua and cutting across the‘ecological corridor’ of easternNicaragua.

The third equally, if not more, damagingclause is the legal documentationcreated by HKND which protects thisagreement for 50 years (with possibilityfor extension to 100) from governmentalchanges and also removes theNicaraguan government’s right to sueHKND in national or international lawcourts for any environmental damage.

Alongside its political implications andsovereignty-damaging clauses, theenvironmental impacts will be huge. Thefavoured proposed route (Figure 2) has asuggested port in the Pacific coast portof Brito; the first stage of the canal willbe cut linking this to Lake Nicaraguawhere vessels will cross the lake toMorrito whence the canal will be cutthrough over 150km to the port ofBluefields across heavily forested landwhich is home to numerous rural,indigenous communities.

compensation will be granted to alllandowners who will have to berelocated; however this project talksabout expropriation of communalterritories of the indigenous populationwhich affects the existence and rights ofthe indigenous people. IndigenousCongressman Brooklyn Rivera stated“We can’t approve of this concessionwithout information about it, and thislaw can’t substitute the legallyestablished rights of the indigenousunder Law 445.”

As environmental assessments areunderway, the construction of the GrandInter-Oceanic Canal is becoming morerealistic every day. With a governmentdesperate to be independent fromforeign aid and to eradicate poverty, thegrowth needed to sustain such a boostcould only be achieved through a projectsuch as this. Nevertheless, when anentire country’s water resources andhuman and environmental rights are thecost, we have to ask if Nicaragua willfollow the Chinese path of stablepopulation but environmental disaster?

Sourceshttp://www.guardian.co.uk/world/2013/jun/12/nicaragua-canal-waterway-panama?INTCMP=SRCHhttp://www.guardian.co.uk/global-development/poverty-matters/2013/jul/10/china-development-banks-environment?CMP=twt_guhttp://www.guardian.co.uk/world/2013/jun/11/nicaragua-chinese-plan-canal-panama?INTCMP=SRCHhttp://www.guardian.co.uk/world/2013/jun/06/nicaragua-china-panama-canal?INTCMP=SRCHhttp://www.worldsmartcapital.net/ronald_macleanhttp://www.laprensa.com.ni/2013/06/11/poderes/150344-cosep-plantea-dudas-leyhttp://www.ibtimes.com/nicaragua-china-agree-build-canal-between-pacific-caribbean-similar-one-neighboring-panama-1301517http://www.ipsnews.net/2013/06/nicaragua-takes-decisive-step-towards-chinese-construction-of-canal/http://www.nicaraguadispatch.com/news/2013/06/cosep-concerned-about-expropriations-by-nicaragua-canal/7821http://www.nicaraguadispatch.com/news/2013/06/sandinistas-approve-nicaragua-canal-concession/7839http://www.nicaraguadispatch.com/news/2013/07/nicaragua-canal-bonanza-or-boondoggle/8152http://www.nicaraguadispatch.com/news/2013/06/ortega-nicaragua-canal-will-deliver-country-to-promised-land/7854http://walesnicaragua.wordpress.com/2013/06/28/mega-mega-mega-project/

ENCA 59. September 2013. Page 9

El Gran Canal: Bring Nicaragua to the world

Figure 1.

Figure 2.

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For the last two years, communities inand around sugar cane plantations inNicaragua and El Salvador havesuffered an abnormally high rate ofkidney disease. What was at firstlabeled as a mystery disease is nowbeing firmly linked to the use of toxicheavy metals contained in pesticidesused in the cane fields. Worldwide thedisease has killed thousands in SriLanka, India and Central America. Hitparticularly hard has been the Pacificcoastal zone of El Salvador.

For much of August, La Prensa Gráficareported on El Salvador’scatastrophically high levels of kidneydisease. The news stories in La Prensahave primarily centered on themunicipality of San Luis Talpa, locatedan hour east of El Salvador’s BajoLempa region, which since thebeginning of this year reports nearly 60deaths as a result of kidney failure. Soiland water-quality tests undertaken bythe regional Institute of Legal Medicine(the National Forensics Institute)confirmed the presence ofcontaminants in San Luis Talpa.

San Luis Talpa Mayor SalvadorMenéndez states that an average ofeight out of every ten families has amember suffering from kidney disease.“I’m not asking for anything drastic,”said Menéndez, “I’m just asking forhelp for my constituents.” A 2009 studyindicates that 18% of workers in thenearby Bajo Lempa region suffer fromchronic kidney disease. Kidney failure isalso currently the cause of admissionsat Rosales National Hospital, and is the

main cause of death among mennationwide.

The nearby Bajo Lempa region hashistorically been an area of highagricultural production, particularly ofcotton, and more recently, of sugarcane. Cotton cultivation requires use ofheavy pesticides, and many that havebeen used in El Salvador are highlytoxic and heavily regulated or bannedinternationally. In addition to pesticidecontamination in the soil due toagricultural production in neighboringregions, Menéndez also cites thepresence of 19 tons of an improperly-stored pesticide, Toxafeno, at a formerchemical plant as a major contributingfactor to his population’s ill health.

Environmental tests of soil and watersamples in Ciudad Romero, a villageheavily affected by chronic kidneydisease (CKD), found the presence ofhigh levels of cadmium and arsenic,heavy metals toxic to the kidneys.Among a sample of 42 residents ofCiudad Romero who suffer from CKD,all reported applying pesticideswithout protective equipment. DraMaría Isabel Rodríguez, El Salvador’shealth minister, described it as “adisease of poor people … a disease ofpeople who work in the fields and havevery bad living conditions.”

Though eager to sensationalize thedeaths, major news outlets paid muchless attention to a renewed effort tointroduce a pesticide regulation bill atthe National Assembly by the Ministryof Health. On September 6, however,.

.ENCA 59. September 2013. Page 10

Kidney Disease linked to Pesticides

Deaths from kidney disease linked to use of toxic pesticidesAs new legislation on the use of pesticides reaches the Salvadoran Legislative Assembly , Martin Mowforth explores their link to kidney disease in Central America.

deputies in the Legislative Assemblyfrom all parties except ARENA banned53 active pesticide ingredients. Theingredients must be taken off themarket in a set period of time, andimporters must ensure that theirclients understand how to usepermitted pesticides safely.

Alfredo Cristiani, president of the right-wing National Republican Alliance(ARENA), is one of El Salvador’s mainpesticide importers. Both ARENA andCAMAGRO, the Farming andAgribusiness Chamber of El Salvador,insist that there is no conclusiveevidence linking pesticide usage withkidney disease. While CAMAGROmaintains that the ruling willnegatively affect crop production,those most directly affected by kidneydisease celebrate this positive steptaken towards addressing El Salvador’smassive health crisis.

Chronic kidney disease and associated riskfactors in the Bajo Lempa region of ElSalvador: Nefrolempa study, 2009, OrantesC, Herrera R, Almaguer M, BrizuelaE, Hernández C, Bayarre H, Amaya J, CaleroD, Orellana P, Colindres R, VelázquezM, Núñez S, Contreras V, Castro B.Salvadoran National Health Institute, SanSalvador, El Salvador.

Rodríguez quoted by Sasha Chavkin (29 April2013) ‘New urgency targets mysteriouskidney disease in Central America’,www.publicintegrity.org

Other sources:CISPES Update, September 5, 2013.Laura Bernal (9 September 2013) ‘Arzobispoaplaude prohibición de 53 agroquímicos porcasos de IRC’, Diario CoLatino, El Salvador.Voices From El Salvador, 19 September 2013.

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The hydropower projects Monteverde1 (2800 KW) and Monteverde 2 (4966KW) which are located in the cantonsof Buenos Aires and Pérez Zeledón areplanned to exploit the rushing watersof Rio Sonador and Rio Convento.

The companies which are planning todevelop these projects claim toproduce "clean energy" based onrenewable resources. Yet in fact theseprojects will cause lots of negativeconsequences for the communities ofCristo Rey, Longo Maï and Conventoand their rich tropical environment.

Recently I participated in the publichearing of the hydropower projectMonteverde 2. If the project isrealised, our beautiful mountain RioConvento will be reduced to at best10% of its current flow for some 5 km,as the rest of the water would bediverted into a reservoir and thenthrough a pipe to the powerhouse.

One effect of this form of producingelectricity using small tropicalmountain streams like Rio Conventoand Rio Sonador would be that in thedry season the river would betransformed into a gully whose waterwould probably be absorbed by thesoil affecting various communitiesdownstream as a result.

ENCA 59. September 2013. Page 11

Hyrdopower threatens communities

Hydropower projects threaten communities. Anthropologist and resident of Longo Maï, Jiri Spendlingwimmer, outlines the projects threatening yet another community. In this case the community is Longo Maï in the south of Costa Rica.

The principle impacts for thecommunities of Cristo Rey, Longo Maiand Convento would include:

Impact on the Refugio Nacional deVida Silvestre Longo Maï (NatureReserve of Longo Maï) of 452 ha: Inthe forests on both banks of RioConvento and Rio Sonador there willbe effects on the flora and fauna,particularly water dwelling animals,and also on the water resources.Furthermore the ecosystem and thebiodiversity of the protected naturalarea will be damaged.

Impact on the water consumed byhumans: Various rural water supplysystems would in all likelihood be veryseriously affected and with themhundreds of users. Not only thequantity but also the quality of waterwould deteriorate dramatically.

Impact on agriculture and livestock:About eighty smallholders would bedeprived of their right to use the water

of Rio Convento and Rio Sonador foragricultural and livestock purposes.

Impact on tourism: For the abovereasons there would be a very negativeimpact on the foreign tourism of thefarmer community of Longo Maï(www.sonador.info), which is aconsolidated model of ruralcommunity tourism and has won theinternational TODO-award for SociallyResponsible Tourism in Berlin,Germany. Rio Convento and RioSonador are two of its main naturalattractions.

Other impacts constitute projects offish farming which use the waters ofRio Convento and Rio Sonador for theiractivity.

The hydroelectric projects ofMonteverde 1 and Monteverde 2 areboth run by the same private companywhere few are those who wouldbenefit from the generation ofelectricity, while the losers would bemany.

This article was published in “LaNacion” of Costa Rica in April 2013 andhas been translated to English,shortened and adapted to theperspective of European readers bystudents visiting Longo Maï.

www.enca.org.uk

The companies claim these are “clean energy”

projects

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the time commitment much greater.For those who can afford the timeand the cost, it is a fantastic learningexperience.

Several members of ENCA arealready keen to participate in theelection observing. Leslie Schuld, theDirector of the CIS, has agreed thatENCA will serve as the UKcoordinating body for observervolunteers, although all applicationsto join the delegation will be madeindividually to the CIS. More detailsof this process are given on the CISwebsite, www.cis-elsalvador.org . If,however, you are interested inbecoming a member of the electionobserver delegation, ENCA would begrateful if, as well as following theprocedure outlined in the CISwebsite, you could also informMartin Mowforth of ENCA. Martinwill also provide more details of whatyou can expect in the way of travel,accommodation and the electionprocess, and if you would like todiscuss the possibility with him, youcan email him([email protected]) orring him on 01822 617504.

International Communications and Volunteer Programme

Co-ordinater with The Permaculture Institute of El

Salvador (IPES)

IPES is a grassroots non-governmentorganisation of subsistence farmerswho practice permaculture for thedevelopment of a healthier, wiserand more ecologically sustainablesociety using the Farmer-to-Farmermethodology. They focus on naturalfarming and living, food security,capacity and leadership building, anddeveloping stronger communities andlocal economies.

This is an unpaid internship for whichIPES will provide freeaccommodation. As InternationalCommunications and VolunteerProgramme Coordinator, you will liveon IPES’ permaculture demonstrationsite, 20 minutes outside the oldcolonial town of Suchitoto, ElSalvador. The responsibilities includemanaging and improving IPES’international and online presence,responding to all Internationalenquiries, providing on-site supportto volunteers and working on thedevelopment of our permaculturedemonstration site. IPES is looking forsomeone with excellent oral Spanishwho can commit to one year.

For more information, please email Maïa Sparrow –[email protected]

Looking for the contact information? As part of our new look we have

moved it to page one.

ENCA 59. September 2013. Page 12

Opportunities

1voz.org – the new voice in grassroots mapping and reporting

At each election in El Salvador, theCIS (Centro de Intercambio ySolidaridad / Exchange and SolidarityCentre) serves as one of the ElectionObserver Delegations. Despite itsopposition to the Salvadoranoligarchy whose power is enforced bythe country’s armed forces, it is anaccredited and respected electionobserver organisation, and its reportshave always been adjudged objectiveand fair.

The next elections in El Salvador areto be held on February 2nd 2014.These are Presidential elections andthe CIS is again running an observerdelegation. In the past, CIS observerdelegations have numbered up toalmost 300 people, the majoritybeing US citizens, but alwaysincluding a few Brits and othernationalities. You do not necessarilyneed Spanish – although it is alwaysan asset. The minimum timecommitment required is just over twoweeks which includes the trainingprogramme, the election monitoringand election report time. There areother categories of volunteers, forwhich Spanish is a requirement and

El Salvador Election Observationwith ENCA and the CIS