Protection to Ecosystem and Consultation of Indigenous Communities in Yucatan, Mexico

This article written by me was originally published in GCDLP's July 2020 Newsletter. You can read the text in the PDF above, or the text below.

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On May 6 of this year the Mexican Supreme Court ruled in favor of Ejido Sinanche(1) protecting the Ejido’s rights regarding the environment in face of the projected construction of a wind farm, “Proyecto Eolico Cansahcab”, by the company BHCE Yucatan 1, SAPI de CV (BHCE), in the Yucatan Peninsula.(2) 

The project was submitted in October 2016 to the Ministry of Energy, the entity in charge of evaluating and, under the proper conditions, granting the corresponding permit. The project contemplates 125 wind generators of approximately 2 MW each, for the generation of a total 250 MW. The height of the generators’ hub would be 125 meters high, and the windmill’s radius would measure 60 meters.(3) The Yucatan Peninsula is a very suitable location for this kind of projects and so there are another 6 projects of such type, all of them less than 1 kilometer away from this project.(4) The site of the project is located over the Yucatan Peninsula Aquifer, with three cenotes or wells, and an average yearly capacity of 2.842 billion cubic meters of water.(5)

Additionally, the municipality where the project is expected to be located, as well as all the surrounding municipalities, are composed by a majority of Mayan people -between 28% and 76% of the population of those municipalities.(6) Mexican law, from the Constitution to the deriving Acts, has special provisions regarding the protection of indigenous groups, including the right of indigenous groups to be consulted on measures that may affect them, contained in the International Labour Organization’s Convention No. 169 – Indigenous and Tribal Peoples Convention of 1989.

According to the evaluation documents by the Ministry of Economy, the study by BHCE concluded there would be a “moderate impact” over the flora, fauna and habitat of the project site during the preparation, construction, and operation phases of the project (expected to operate for 30 years). The expected impact over the communities in the project site and surrounding areas is briefly characterized from “moderate impact” to “very beneficial”.(7) Although a detailed description of the wells in the area is included in BHCE’s study, no mention is made as to the impact of the project on the aquifer.(8)

Contrary to what has been reported by most media outlets, the Supreme Court did not order the Ministry of Energy to cancel the project. In fact, the permit as such is yet to be granted. Rather, the holding of the Supreme Court in this case, following the arguments by Ejido Sinanche was that the evaluation study regarding the project had to include an evaluation of the impact of the project over the Yucatan Peninsula Acquifer, in order for the consultation with the indigenous peoples of the region to be informed. This is certainly an important move of the Supreme Court toward the issuance of preventive measures to protect the environment. ~Julia A. Garza

(1) An Ejido is a rural territory granted to a certain group of rural people for its exploitation, with its own legal personality, and protected by the Constitution. There are several barriers for the transmission of rights over those lands. Yet, there are very few Ejidos left that keep their original spirit (i.e. communal land for all the ejidatarios for a school, a clinic, communitarian events, etc.; coupled with land specific to the families for agriculture or farming); very commonly, the ejidatarios are offered apparently high sums of money by private companies or individuals for their land.

(2) Supreme Court’s press release 073/2020 dated May 6, 2020, Available in Spanish at: https://www.internet2.scjn.gob.mx/red2/comunicados/noticia.asp?id=6116

(3) Evaluation of the Social Impact of the “Cansahcab Wind Project”. Direction of Social Impact Evaluation. Ministry of Energy. October 26, 2016. P. 4. https://transparencia.energia.gob.mx/transparencia_focalizada/archivos/EV_IMP_SOCIAL/Proyecto_Eólico_Cansahcab_Dictamen_Técnico.pdf

(4) Supra, p. 12.

(5) The dark story behind the wind farm in Yucatan that was stopped by the Supreme Court. May 8, 2020. Last consulted on July 29, 2020. Available in Spanish at: https://elceo.com/politica/la-historia-sombria-detras-del-parque-eolico-detenido-por-la-suprema-corte-en-yucatan/

(6) Evaluation of the Social Impact of the “Cansahcab Wind Project”, p. 9-10.

(7) Supra, pp. 15-16.

(8) Ibid., pp. 8, 22.