|EDF / EDF Renewables and Prodesc / Union Hidalgo Agrarian and Indigenous Sub-Community|
|Description||This case concerns the preparation of a wind farm in Oaxaca State in Mexico by the Mexican subsidy of EDF Energies Nouvelles, a subsidy of EDF, in charge of renewable energy. The project is located in an area where agrarian as well as indigenous communities are present.|
|Theme(s)||Concepts and principles, Disclosure, General policies, Human rights|
|Date||8 Feb 2018|
|Industry sector||Electricity, gas, steam and air conditioning supply|
On 12 February 2018, a submission was made to the French NCP by a group of NGOs based in Mexico. The specific instance is about the preparation of a windfarm project in Oaxaca State in Mexico by the Mexican subsidy of EDF Energies Nouvelles, a subsidy of EDF in charge of renewable energy. The project is located in an area where agrarian as well as indigenous communities are present. The specific instance raises issues related to respect of local law, due diligence, human rights and disclosure with regard with indigenous people rights.
The NCP accepted the specific instance for further examination and the parties accepted the NCPs offer of good offices. The NCP is currently delivering its good offices and is examining the case.
During its good offices, the NCP will meet with the parties and offer them mediation. It may seek the advice of competent authorities or experts. It will take into account treaties, laws and regulations applicable in this case and existing parallel legal proceedings.
On 14 May 2019, in accordance with the NCP’s Bylaws, the NCP published an intermediate statement in which it outlined the steps that the NCP has taken so far.
On 10 January 2019, the NCP organised a teleconferencing hearing with the non-governmental organization, European Center for Constitutional and Human Rights (ECCHR) based in Berlin, as an expert to the case. The organisation presented to the NCP the lessons learned from its report “Tricky Business: Space for Civil Society in Natural Resource Struggles” and its knowledge on free prior and informed consent of indigenous peoples.
On 19 March 2019, the NCP coordinated a meeting with the complainant and the company in the premises of the Regional Economic Service of the French Embassy in Mexico City with the participation of a representative of the NCP by videoconferencing.
On 17 October 2019, in accordance with the NCP’s Bylaws, the NCP published an intermediate statement in which it announced that the NCP has closed its good offices following the complainant’s decision to withdraw from the procedure. The NCP will issue a final statement.
On 10 March 2020, the NCP published a final statement, in which it summarised the case's procedures. The NCP noted that its action enabled a constructive dialogue between the parties. The NCP also outlined that strong divergences remain on the legal status of the land in a context where pre-existing tensions within local communities were exacerbated with the project. Local indigenous consultations for the wind farm project, led by Mexican authorities, is still ongoing.
In its final statement, the NCP also outlined three recommendations to EDF and EDF Renewables: to adapt their policy on stakeholder engagement; to help EDF’s Mexican subsidiary to establish a CSR committee; and to address land issues related to indigenous peoples through appropriate stakeholder consultation. The NCP will follow up on its recommendations in September 2020 and March 2021.