case study on development of dams and human rights violations

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Large dams and human rights obligations: The Pancheshwar multipurpose project

Are large infrastructure development projects possible with maintained respect for human rights? This report discusses ways to balance between the benefits of a large dam project and the negative impact it is likely to have on local communities and other concerned parties?

Building on the human rights-based approach (HRBA), as proposed two decades ago by the World Commission on Dams, the report analyses the transboundary Pancheshwar Multipurpose Project, on the Mahakali-Sharda River between India and Nepal.

HRBA, it is argued, can be a helpful tool when assessing large dam projects, as it provides a step-by-step method to identify rightful claims, freedoms, and entitlements. It is a value-based, people-centered way to foresee and prevent conflict by ensuring due participation and transparency in decision-making processes.

History shows us that poor or ignorant planning may lead to human rights abuses on a large scale, most commonly in the form of population displacement and the loss of livelihood and cultural heritage. There is however a different route to take, according to the report. It means that respect for human rights does not necessarily rule out large infrastructure development projects, but it will impose conditions and procedural limits on them, to the benefit of all parties.

The Mahakali–Sharda River forms part of the international border between India and Nepal. This report analyses the planned Pancheshwar Multipurpose Project, a transboundary hydropower scheme. The development of clean and renewable energy is indispensable to meet the increasing demand for electricity while limiting the impact of climate change. The planning and construction of large dams have always stirred up feelings. There are, inevitably, trade-offs between the benefits they aim to bring and the negative impacts they are likely to cause.

Some 60,000 people risk forced eviction in this case. The report, published by the International Centre for Water Cooperation at SIWI, provides recommendations on appropriate steps and mitigation measures by applying the human rights-based approach (HRBA). The human rights at stake do not prevent large infrastructure development projects from taking place, but impose conditions and procedural limits on them.

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Lesssons learnt

• Large hydropower dams tend to have a set of negative impacts on people and the environment in the areas where they are being built. Yet, they also bring benefits from clean, renewable energy, irrigation opportunities and reduced risk for devastating floods, all of which are foundations for prosperous development and investments for present and future generations.
• Trade-offs between benefits and negative impact are treated as something inevitable. In theory, there is still time to remedy and cure the human rights and fundamental freedoms that are at stake in this case, to avoid future violations and abuse. The HRBA has its limitations, though. For instance, it cannot remedy how interlinked dimensions of poverty—inequality, dignity, and deprivations—influence access to the institutions and advocacy groups that can assist in enforcing the rights of the affected.

“In recent years, hydropower has received renewed attention as a source of reliable and sustainable power supply, however, hydropower dams do not come without environmental and social costs that need to be mitigated.”

“The human rights approach is useful to lay bare the rightful claims of those concerned that the states in question need to consider. It is the way in which projects such as this hydropower dam is conceived, developed, and implemented that is important.”

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Hydropower and Human Rights: Revisiting the World Commission on Dams Report

by Regina M. Paulose | Dec 17, 2021 | Practitioner | 1 comment

This article briefly examines the urgent need for a re-opening or re-creation of the World Commission on Dams Report issued in 2000. The World Commission on Dams concluded that inclusion and participation are key elements that are needed in hydropower projects. This article looks at four specific situations in Chile, Brazil, China and the United States and discusses how the World Commission on Dams report has been neglected and likely forgotten.

Introduction

In the 1990s, a panel of experts was convened to form the World Commission on Dams, which was created to work through issues between supporters and opponents of large hydropower dams. The World Commission on Dams (WCD) conducted a Global Review, assessed different case studies, and took submissions from experts and civil society organizations.

In 2000, the WCD panel issued a report which outlined and suggested a new approach to dam development.  The WCD proposed a “ rights and risk ” approach, which is “ based on the recognition of rights and assessment of risks (particularly rights at risk) .”[1]  The WCD applied a Normative Development Framework to create this approach, which included the Universal Declaration of Human Rights, the UN Declaration on the Right to Development, and the Rio Declaration on the Environment and Development. This rights and risk approach is to be utilized in the decision-making process for water and energy development and to make that process participatory and inclusionary. To further enhance the process, the WCD listed five core values: equity, efficiency, participatory decision-making, sustainability, and accountability. These core values “ provide tests and parameters to foster a new approach decision-making .”

This brief article examines whether the WCD framework has continued to have any utility since the report in 2000 and concludes with the suggestion that it is time to convene another iteration of the WCD.  While many of the issues the WCD noted in 2000 continue today, it is clear that the “rights and risk” approach has been long forgotten, as evidenced by recent decisions to build dams and, in some cases – to continue damming rivers that are already in jeopardy.  

Continued Themes

The following situations underscore how the WCD framework and its “entry points” have been neglected over the years or largely ignored. The WCD had emphasized in its concluding remarks that each country was to develop the appropriate tools within its own context. While hydropower projects are complex constructions, for this article, the reader can think about their development in three phases: planning, construction, and operational. During all three stages, many countries conduct or say they will conduct Environmental Impact Assessments, but it is clear that true scientific evaluations are lacking, and the public does not have much input.

As highlighted below, there are ongoing and significant human rights issues that are not appropriately addressed, sometimes not even considered. Human rights instruments are largely ignored, particularly the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).  Further, there is a lack of compliance mechanisms and evaluations utilized regarding the safety of large dams or disregard for their upkeep, thereby putting all who live near and around the dam in jeopardy. Generally, it appears there are two main reasons a project is stopped; one is because of financial constraints, and the second is because of an overwhelming response from the public who do not support the project.

In 2014 the Chilean government scrapped plans to construct the HidroAysen Dam that was to be built in the beautiful Patagonia region on the Baker and Pascua rivers.  The construction of HidroAysen would have wreaked environmental destruction in Patagonia. The project would have caused the deforestation of at least 23,000 hectares and would have destroyed six national parks, and 11 national reserves .  The Dam would have also required transmission lines over “ active volcanoes, over fault lines, and through communities .” The government’s decision to stop with the construction of the Dam was in large part due to one of Chile’s largest environmental movements , where hundreds of people (both domestic and international) took part in an eight-year campaign to stop HidroAysen from coming to life.

During the HidroAysen debacle, one of the other issues raised was the monopoly power that Endesa Chile, a subsidiary company of Endesea and Colbun SA, which belong to the Matte Group, would have gained. These companies at the time would have controlled nearly 80% of the power grid in Chile. During the Pinochet regime, water was privatized , and state oversight was reduced, thereby allowing private actors to control the water in Chile.

Despite the failed launch of HidroAysen and the impact that previous projects such as the Pangue and Ralco had on the Pehuenches and their ancestral land, other hydropower projects moved forward in Chile. The Alto Maipo Hydroelectric Project is proposed to be constructed on the Maipo, the main river that flows through the region of Valparaiso and the capital, Santiago.  The proposal was submitted in 2008 and had financial and technical setbacks, including contractor disputes and irregularities . The project resumed in 2018 with new contractors in place . The project is currently estimated to cost 3 billion (US) dollars ,  which is significantly higher than the 2013 estimates, which was around 700 million (US) dollars.  The company recently declared bankruptcy and is looking to restructure so that it can continue financially. The project was approved “ despite evidence of serious flaws in the environmental impact assessment and inadequate consultation. ”  As discussed below, it is questionable whether any long-term success will be had on a project such as this, particularly when climate change has made water levels unpredictable. 

Of course, the Alto Maipo does not enjoy local support.  Farmers and locals rely on the Maipo River Basin for irrigation and drinking water. The project “ would involve a tunnel of 70 kilometers long, which will pump the water from the beds of the most important rivers of San Jose de Maipo, the destruction of glaciers in the precordillera , the regions in the shadows of the Andes mountain range .” Water will have to be diverted from three other tributaries , leaving parts of the Maipo River basin dry.  In 2021, a local NGO has filed a complaint with the Inter-American Commission on Human Rights to safeguard drinking water for Chileans. The Alto Maipo project appears to fly in the face of logic, given current reports of Chile’s water crisis .

Studies conducted by experts in Chile indicate that the country can meet its growing energy needs without hydropower . Whether or not that advice will be heeded remains to be seen.  While the Chilean legislature is reforming decades-old laws which would increase protections for communities and the environment, companies in Chile have continued in their quest to find energy. Recently, a company announced an innovative hydropower plant that uses seawater and solar power to harness energy in the Atacama Desert. The Atacama is one of the oldest deserts on earth and has a track record of significant historical value as it has continued to delight archeologists who have uncovered more teeth belonging to the megalodon shark .

Brazil was another country mentioned throughout the WCD final report in 2000. One of the dams that were referred to in the report was the Tucurui Dam .  There are two notable points that the WCD highlighted. First, they were unable to determine whether the Tucurui lowered greenhouse gas emissions.[2] Second, the WCD noted that it was not sure whether Tucurui could recover the costs spent, and “it may not have achieved this, in part due to continued subsidies to industrial producers.”[3]

Brazil has continued to wet its dam appetite with the construction of several hydropower projects in the Amazon. The Amazon is the world’s largest rainforest , and within the Amazon Basin are several rivers and tributaries that are the lifeline of the Amazon, aiding in reducing carbon, transporting materials, and providing food security to the Peoples who reside throughout the Amazon. Projected to be one of the five largest dams in the world, the Belo Monte Dam is being constructed on the Xingu River , which the area surrounding the dam is sacred to many tribal communities. There are uncontacted tribes in the area vulnerable to diseases from outsiders in their territory.  The tribal communities have opposed the construction of the Belo Monte since its inception. In 2011, a federal judge ruled against the Brazilian government, stating that the Arara, Juruna, and Xikrin Kayapó tribes were not properly consulted and declared the licenses issued by the government to be illegal. Brazil would have been obligated to incorporate the Arara, Juruna, and Xikrin Kayapo into their decision-making under UNDRIP – particularly – Article 10 (no forcible removal), Article 18 (decision making), Article 19 and 32 (free, prior, informed consent). The International Labour Organization also declared Brazil violated Convention 169 for not holding consultations with the tribal communities. In subsequent decisions, federal judges in Brazil overruled the initial decision and allowed the project to proceed. Tribal communities received compensation during construction however, “ as people were uprooted, there was an unprecedented rise in alcoholism, prostitution, and inter-tribal feuds .” Due to the deteriorating conditions, the Brazilian public prosecutor sued Norte Energia for the ethnocide of indigenous culture.

In 2015, when the reservoir was filled, more than 200,000 people were displaced , and extensive damage was done to the river ecosystem containing unique fish species.  The construction of Belo Monte placed a high cost on surrounding communities. The migration of over 100,000 workers into the city of Altamira is alleged to have brought with it drug trafficking and heavy violence after construction was completed and employment ended. In addition, raw sewage backed up behind the dam, causing a major health crisis. The necessity to carry material back and forth to the construction site also opened up new pathways for illegal deforestation. Deforestation impacts major water flows , thereby minimizing the positive impact the dam may have in generating energy.

Fishing communities within the area have suffered greatly . Their homes were destroyed. The compensation scheme was not implemented appropriately, and with the construction of Belo Monte, fish stocks have plummeted significantly. Norte Energia, the Dam operator, has been accused of not fulfilling its obligations under the compensation scheme. In turn, the displaced people have come back to resettle along the reservoir.  The inadequacy of the compensation scheme for Belo Monte is not surprising since the WCD emphasized that those living downstream from the Tucurui Dam were not compensated at all, and those impacted by the Ita Dam were not adequately compensated. [4]

The Volta Grande region is impacted due to water diversion from the Xingu into the Belo Monte Dam complex. In the most recent court case brought against Norte Energia, the water may continue to be diverted even though it harms fishing communities and the way of life for tribal communities in the region. Brazil would have already been aware of the potential impacts to fish stock as the WCD report noted, “the partial closing of the river channel by Porto Primavera Dam in Brazil blocked fish migration and diminished upstream fish catch by 80%, affecting livelihoods .”[5] In 2016, Norte Energia was fine 10.5 million (US) dollars “ for the death of 16.2 tonnes of fishstock .”

The Belo Monte Dam was projected to produce approximately 11,233 megawatts of energy. The last turbine was placed into the Dam in 2019 and reports indicate that Belo Monte is not producing anywhere near the promised energy output. Norte Energia notified the Brazilian government that due to the low water levels that the Dam was “ at risk of structural damage ” and therefore, the operator would be required to produce even less energy to avoid calamity. Reports indicate that Belo Monte’s construction phase was riddled with “ patronage networks, kickback schemes ,” which stood to make profit from the Dam, as opposed to delivering energy as was promised to taxpayers. Climate change is “ shifting rains ”, which means that less rain could continue to fall in Brazil, thereby jeopardizing projects such as the Belo Monte . China is reportedly interested in purchasing a portion of the Belo Monte as they have done with the Sao Manoel Dam.

Despite the sad legacy that Belo Monte has created, Brazil is keeping its eye on the horizon with new projects considered on other rivers in the Amazon basin. While Brazil is the second-largest producer of hydropower globally, China is the world’s top hydropower producer, leading with the most questionable results.

In the WCD report, two countries were utilized as “case studies” – China and India.[6] The WCD indicated that by the end of the 20th century that China had already built over 20,000 dams.[7] The world’s largest dam is the Three Gorges Dam built in 1994. In 2020 the public in China expressed fears that the Three Gorges Dam would be breached as extreme flooding was impacting thousands of people. In 2021, the Three Gorges continue to bring about human rights concerns. The WCD had noted the level of displacement caused by the Three Gorges.[8] In addition, the WCD highlighted the “ lack of cultural heritage studies ” conducted, citing the Three Gorges as an example.[9] Another area of concern highlighted by the WCD was the corruption with the Dam (China sentenced those guilty of embezzlement to death).[10] The Three Gorges Dam provides important lessons for mega-dam projects.

China now has reportedly has its eyes turned toward the Tibetan Plateau, and dam up the “ Great Bend ”, which is a remote stretch of the Yarlung Tsangpo, “ a transboundary river that flows from Tibet into India, where it becomes the Brahmaputra, and then into Bangladesh as the Jamuna .” Chinese scientists believe the Great Bend is akin to the Grand Canyon in the United States.  The area is prone to earthquakes and landslides . There have been two recorded events, one earthquake in 1950, which was of an 8.0 magnitude, and in 2000, landslides “ caused the formation of a four billion cubic meter barrier lake ”, which led to “ catastrophic ” flooding and serious property damage.

Geopolitically , it is near the disputed border of India and China. Further, the downstream countries, India, Tibet, and Bangladesh are deeply concerned about the environmental impact and the water quality resulting from the construction. Bangladesh has stated that the diversion of the Brahmaputra could create a “ life or death ” situation for people in Bangladesh. China has ignored the advice of the WCD on cultural heritage and ignored the religious importance of the river to the Tibetans. The “ river represents the body of the goddess Dorje Phagmo, one of the highest incarnations of Tibetan culture .” The Tibetans claim that they are not consulted on any of these matters, where disruption and exploitation of the environment are against their strict traditions. In 2020 the United States passed legislation, the “ Tibet Policy and Support Act ”, which proposed a framework on water security in the region given “ China’s hydropower ambitions in the region .”

The downstream countries are well within reason to be apprehensive about constructing potential dams in this area. Southeast Asian countries downstream on the Mekong have asked China to share hydrological data .  Even though in 2020 China agreed to share the data, it has not done so to the detriment of the Southeast Asian states impacted by water releases, restrictions, and hydropeaking . Further, in 2017 China did not share any data with India which is considered “ crucial ” to forecast floods in the northern areas. India and China continue a tit-for-tat response in the hydropower hegemony game, where both will lose more than they gain.

Conservationists in China are concerned about the project, particularly the loss of habitat and the changes in the river’s flow. Conservationists are calling China to make the area a national park , but China has insisted that it will conduct scientific assessments prior to engaging in any construction. Given China’s track record in the dam building business, this project should not commence .

d. United States

The United States has been on trend to decommission dams, also acknowledged by the WCD,[11] unlike its counterparts in the rest of the world who are looking to build more. However, that should not be interpreted to mean that hydropower dams are not a hotly contested issue in the United States. The events taking place in the Columbia River Basin serve as a cautionary tale about energy and water development.

The Columbia River Basin is located in the Pacific Northwest of the United States. The Columbia River is known for salmon, is an important fish and wildlife habitat, and has cultural heritage sites belonging to the Northwest tribes. The Columbia River is “ subject to severe floods ”, and that was one of the reasons dams were built along the river. The dams also provide power as far north as Canada and as far south as California. They are also a source of irrigation for farmers and drinking water for communities.

The Snake River is the largest tributary in the Columbia River. The Snake River is a “ major migration highway ” for salmon and steelhead. The Snake River has four dams subject to scrutiny, anger, and debate. The Ice Harbor, Lower Monumental, Little Goose, and Lower Granite. These dams have created a catastrophe that can no longer be ignored. The dams have fish passage mechanisms that allow the salmon to move, yet the salmon at a dangerously low level because the dams create physical barriers and destroy the habitat. In addition, climate change is creating hotter water temperatures, which produces “ lethal conditions ” for the salmon. It is reported that close to 17 billion (US) dollars have been spent to rehabilitate the salmon. “ Salmon are essential to the cultures, identities and economies of tribes across the region, and the loss of salmon is an ongoing and devastating injustice .” The salmon’s inability to migrate sets off a chain reaction for other wildlife. The Northwest Orcas are dying from starvation due to the chinook salmon’s absence. The Orcas are important to the tribal nations, such as the Lummi, along the Northwest corridor.  In addition, 135 other fish, eagles, wolves, bears, otters, coyotes, seals, and sea lions depend on the salmon . Even in 2000, the WCD had discussed in its report that the Columbia River was the “best documented” example of where many stocks of salmon have been lost.[12] The United States, like all the countries mentioned in this article, has national and international obligations that it must uphold, especially under UNDRIP.

The Bonneville Power Administration supplies the hydro energy needs to the Pacific Northwest. Bonneville states that the Columbia River Basin Dams are vital to their operations. However, the Snake River Dams are said to create a surplus of energy, reportedly last used in 2009 . The continued use of the Snake River Dams does not appear economically feasible for Bonneville as the aging turbines will likely exceed $1 billion in repairs,[12] and all the monies it spends on rehabilitation and management programs for fish stock , which is proving ineffective.  In addition, it is not clear whether Bonneville is operating at a profit . Some farmers support the continued use of the Snake River Dams, although it appears that support for their position may waiver as time goes on. This is mainly because of recent studies, such as the 2018 study from NW Energy Coalition, which reported the Lower Snake River Dams “ could be removed with little to no increase in greenhouse gas emissions .”

The Snake River Dam has been the subject of ongoing litigation between the Bonneville Power Administration, the US Government, the Northwest tribes, and other interested factions for more than twenty years .  The parties are trying to work out solutions to the issues. As part of the 1 trillion-dollar infrastructure bill, the Northwest received monies to solidify infrastructure. Many are calling for the monies to remove the Snake River Dams. Whether or the factions can come to the table and work it out remains to be seen, but it appears the orcas and the salmon do not have time to spare.

It is time for the international community to take on a comprehensive review of hydropower dams and the impact that they are having given the pressing challenges the world is facing with resource scarcity attributable to different factors. The normative framework the WCD used has gone through some considerable changes (for the better) since the 2000 report was released.

A new assessment, considering the report, must be done with a particular focus on the newly minted “ Right to a Healthy Environment ”, climate change and perhaps – the evolving “ rights of nature ” doctrine. Further, there must be a re-evaluation of whether or not the tools for appropriate decision making are being used and whether they are inclusive of Indigenous and minority groups. This would include a re-examination using the UN Declaration on the Rights of Indigenous People, which underscores the doctrine (also mentioned by the WCD) of Free, Prior, and Informed Consent . At this juncture, it is questionable whether the process involving dams can ever be participatory and inclusive given the political and financial interests of the states in the commission of dams.  

Moreover, the United Nations Office of Drugs and Crime, as the Secretariat of the UN Convention against Corruption , should take a proactive role in assessing corruption in the development of hydropower dams, particularly during the planning and construction phase.  Along these lines, since the issuance of the WCD report, the framework must be reassessed also to include the UN Guiding Principles on Business and Human Rights and its pillars.

Perhaps a new iteration of the WCD can also extend its mandates to include examining other forms of green energy technology. This would include wind, solar, and the newly minted wave power . How these technologies impact communities, the environment, and wildlife is an important assessment that should be conducted and not be limited solely to hydropower.

While the WCD concluded that dams are necessary, the question remains whether there is a necessity to create more dams, particularly along rivers that are already dammed or to create dams on connected tributaries. A better solution will be to decommission dams that are no longer in use, aged and cannot be repaired or maintained. The international community must find new solutions to water conservation or mobilize towards enhancing technologies to capture rain and floodwaters so that the world can move forward in creating solutions that promote dignity and respect of both people and the environment.

[1] World Commission on Dams, “Dams and Development: A New Framework for Decision Making” November 2000, Earthscan Publications, 206.

[2] WCD, Id. at 77 Box 3.2.

[3] WCD, Id. at 56 Box 2.6.

[4] WCD, Id. at 107.

[5] WCD, Id. at 84.

[6] WCD, Id. at ix.

[7] WCD, Id. at 8-9, Box 1.5.

[8] WCD, Id. at 104.

[9] WCD, Id. at 118.

[10] WCD, Id. at 187 Box 6.9.

[11] WCD, Id. at 10.

[12] WCD, Id. at 82.

[13] The WCD report indicates that the American Society of Civil Engineers had given dam safety in the United States in 1998 a “D” (poor grade). WCD, Id. at 64, Box 2.10.

Although this article focuses on four specific countries, the reader should be aware that in every part of the world, there are widespread issues concerning hydropower dams. The author has previously discussed hydropower in India which can be found here and, in another publication, here . Another brief report was written on hydropower in Canada which can be found here . The opinions contained in this article belong solely to the author and do not represent that of any other organization.

About the Author

Ms. Regina M. Paulose is an International Criminal Law Attorney.

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Preferred Method of Citation  

Regina M. Paulose, “Hydropower and Human Rights: Revisiting the World Commission on Dams Report”   (IJPIEL, 17 December 2021)

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One of the catalysts for the current low-intensity guerilla war going on in southern Chile is the bungled consultation process with Indigenous peoples who were forcibly removed in the early 1990’s from their ancestral lands to accommodate construction of the Pangue=Ralco dams along the Bio-Bio River that was funded by the International Finance Corporation.

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Please note you do not have access to teaching notes, social environmental injustices against indigenous peoples: the belo monte dam.

Disaster Prevention and Management

ISSN : 0965-3562

Article publication date: 27 July 2020

Issue publication date: 30 November 2020

This proposal is a case study of the Belo Monte dam. The article deals with human rights and environmental violations arising from the construction of the Belo Monte Hydroelectric Power Plant in the northern region of Brazil. This paper aims to evidence human rights violations brought by the construction Belo Monte dam, a glimpse of the COVID-19 scenario and how Brazilian regulation allowed those violations.

Design/methodology/approach

To achieve the objective of this article, the Brazilian norms, public policies and the current situation of the affected communities were analyzed, focusing on the human rights violations and the historical timeline of this mega-project. The analysis was directed to the hardcore social sciences, considering analytical and qualitative research.

The data gathered and the references consulted proved that many human rights violations occurred and that the vulnerability of indigenous and local people increased with the construction of the Belo Monte Hydroelectric Power Plant in the northern region of Brazil. The COVID-19 pandemic exacerbated this adverse scenario since indigenous and local people already had their vulnerabilities increased with the construction of Belo Monte.

Research limitations/implications

The Belo Monte Dam has had severe and irreversible impacts on the lives of local communities, especially indigenous peoples, as it had destroyed their culture and the environment. The authors were not able to do fieldwork, due to the great distance of the dam. In this sense, the research does not cover all the social–environmental issues, as an ethnographic approach is necessary.

Originality/value

The authors intend to bring attention to harms caused to indigenous people and the local communities, expecting to create an alert of what this kind of project can do to vulnerable peoples' life, especially now with the pandemic scenario, which makes indigenous and traditional communities more vulnerable to diseases due to the loss of their territories.

• Environmental injustice
• Indigenous people
• Belo Monte Dam
• Human rights violation

Ribeiro, H.M. and Morato, J.R. (2020), "Social environmental injustices against indigenous peoples: the Belo Monte dam", Disaster Prevention and Management , Vol. 29 No. 6, pp. 865-876. https://doi.org/10.1108/DPM-02-2020-0033

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Copyright © 2020, Emerald Publishing Limited

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This paper attempts to investigate human rights violations in different parts of the developing world due to the impact of mega-projects and large-scale infrastructure development activities. Out of the many existing mega-projects in the developing world, this paper highlights concerns of Economic, Social and Cultural Rights (ESCR) violations due to the effect of mega-dams exemplifying cases in Africa, Asia, and Latin America. States and private sector investments in such large scale projects aim at fostering faster development, economic stimulation and benefiting the majority of the society and bear collective advantage. Human rights violations arising from the impacts of mega-projects are greater in developing countries; where the need for development is also higher. On the other hand, weaker institutional setup for human rights promotion and fortification leaves the victims to a lesser protection by the international law. However, such large scale projects, despite the effort to reduce shortcomings, have several, complex and ill effects on some communities. Typical examples of mega-dam projects discussed in this paper, having inadvertent social, environmental, economic, and political pitfalls include the Grand Renaissance Dam in Ethiopia, the Three Gorges Dam in China and the Belo Monte Dam in Brazil. A project is considered a mega-project based on several conditions. The expression “mega-project” indicates a very large-scale investment project in size, cost and its impact on the environment, economy and people. The widely used criterion is the cost of the project. A project, to be considered as “mega-project” should cost more than US $1billion. These projects draw significant public attention for having an enormous impact on the environment and economy, and the attempt to benefit substantial portion of the society with their outcomes. The Office of the United Nations High Commissioner for Human Rights (OHCHR) (2006) states that: “Forced evictions share many consequences similar to those resulting from arbitrary displacement, including population transfer, mass expulsions, mass exodus, ethnic cleansing and other practices involving coerced and involuntary displacement of people from their lands and communities”. The findings of this paper also demonstrate that apart from the negative impacts on the environment, climate, and the inhabitants, most mega-dams clearly violate the Economic, Social and Cultural Rights (ESCR) of communities. The nature of mega-dams requires large areas of land which lead to lifestyle disturbance, mass displacement, forced eviction from homes and land with stark violations of human rights of the inhabitants in the surrounding.

N.Ganga Vidya

Harry Verhoeven

Jeanne Feaux de la Croix

Massey University

Richard MacGeorge

Global Environmental Politics

Richard A. Matthew

Studies of Transition States and Societies

Filippo Menga

Megaprojects, with their sheer size and their physical and emotional impact, can emerge as central elements around which political elites construct an ideology. Following a comparison of the narratives surrounding the Strait of Messina Bridge in Italy and the Rogun Dam in Tajikistan, I find that similar narratives appear in arguments for mega projects across different regime types, as advocates portray large infrastructure as a panacea for varied problems and thus justify the significant investment such projects require. Politicians in both Italy and Tajikistan have embraced images of heroic progress toward a better future to frame megaprojects as inevitable signs of progress and national well-being.

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How climate projects can lead to human rights violations: the case of the Barro Blanco hydroelectric dam

• Climate Diplomacy

Climate finance is supposed to fund projects in developing countries that support the path towards limiting global warming to 1,5°C – a goal that was confirmed in the Paris Agreement in December 2015. For this it needs a paradigm shift to low-emission and climate-resilient development as the statute of the Green Climate Fund (GCF) states. At the same time, projects funded under climate finance should not hamper development or lead to the violation of human rights. Climate finance can therefore not only focus on the environmental aspects of the investments funded, but also needs to be incorporated into the wider context of development, as i.a. the Sustainable Development Goals (SDGs) are reflecting.

This does not only apply to bilateral development cooperation of countries like Germany. It also applies to actors like the German development bank DEG, whose loans towards climate mitigation projects are also accounted for under Germany’s contribution to international climate finance. To date little is known which of the projects funded by DEG represent climate finance and should thus be in line with Germany’s international obligations. Yet in order to be able to track the social and human rights records of climate finance, it needs more transparency also on the contribution of development banks.

How climate projects can potentially harm the local population can be illustrated by the case of a project in Barro Blanco. The large hydroelectric dam project Barro Blanco sits on the Tabasara River, in the Province of Chiriqui, partially in indigenous lands, in Western Panama. With financed from the German and Dutch national development banks (DEG & FMO) as well as the Central American bank for Economic Integration (CABEI) the project was a registered project under the United Nations Clean Development Mechanism until November 2016 when Panama withdrew its approval as a CDM project.

Human rights violations

Local Ngäbe communities have opposed to Barro Blanco since inception in 2008 and continue to do so, as the project is likely to flood at least six hectares of their land, including homes, agricultural fields, a school and sacred petroglyphs. As indicated in two letters sent to the CDM Board in 2011 and as confirmed by the then-UN Special Rapporteur on the rights of indigenous people James Anaya, the affected stakeholders were neither adequately informed nor adequately consulted prior to the project and have never given their consent to it.

These findings constitute a violation of international human rights standards, which stipulate that indigenous peoples have the right to consultation and free, prior and informed consent (FPIC) as well as to adequate housing, to possess, use, and freely enjoy their traditional lands and territories, and to not be forcibly removed from them. The dam’s construction has proceeded despite of widespread opposition, with the continued support of the financing banks and the Panamanian administration.

Acknowledgment of Barro Blanco’s flaws

In February 2015, the newly elected Panamanian government temporarily suspended the construction of the almost completed dam on the grounds that the project failed to comply with its environmental impact assessment (EIA).

International lenders opposed this decision in a letter sent to the government expressing “great concern and consternation” and warning that “actions such as the one taken against Genisa [the project developer] may weigh upon future investment decisions and harm the flow of long term investments into Panama.” While Barro Blanco clearly violates international laws, European banks “have insisted on continuing construction, as stopping the project […] would cause serious financial losses,” according to the Dutch NGO Both ENDS.

The positions of the banks is also in conflict with the Independent Complaints Mechanism (ICM) of the Dutch and German banks involved. The ICM found that “significant issues related to social and environmental impact and, in particular, issues related to the rights of indigenous peoples were not completely assessed prior to the [loan] agreement.” Responding to the ICM’s finding, the banks only committed to “extract lessons learned from the ICM report”.

Moreover, as a result of relentless campaigning and advocacy work, the Panamanian government also withdrew the CDM host country letter of approval for Barro Blanco effectively deregistering the project in 2016. With this action, the government of Panama set a precedent as it was the first time  in UN climate history that a host country has taken such action. This means that the project will not generate credits to offset emissions produced elsewhere. The de-registration sends a strong message that human rights violations are not tolerated in activities labelled as “climate friendly”. Unfortunately, the decision did not stop the project from going ahead, nor have the banks withdrawn their support.

Flooding after project restart

In the meantime, the Panamanian Environment Ministry after fining the project developer $775,200 for failing to find an agreement with the Ngäbe and for the violation of their social and cultural rights, lifted the temporary suspension.

A test flooding of the dam reservoir began in June 2016, directly affecting three local Ngäbe communities who to date have not received adequate compensation for the damage caused by the flood waters. Several houses have been flooded and, as a result, families have been forced to move to higher ground. As shown in this video shot in the beginning of January 2017, the stagnant lake is seriously affecting their health as well as their food and water resources. Informed of the test flooding, banks continue to support the dam operation.

Non-governmental organizations (NGOs) thus:

• call on the development banks to show that they do not accept the human rights abuses by their counterparty and ask them to halt the project until a consultation process has been carried out correctly and the affected communities have received fair compensation.
• demand a disclosure of which projects funded by development banks like the DEG are accounted towards international climate finance.
• ask for the implementation of ambitious safeguards for international climate finance channeling tools such as the Green Climate Fund (GCF) or a future Sustainable Development Mechanism (SDM) as well as all actors of bilateral climate finance.

[This article originally appeared on GermanClimateFinance.de ]

Photo credits: Protest camp against construction of the Barro Blanco dam, Panama, 2014 | Gines A. Sanchez/Flickr.com [CC BY-NC-ND 2.0]

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