Analysis of the Executive Summary of the Environmental and Social Impact Study (EIAS) of the Interocean Channel through Nicaragua and the rights of indigenous and Afro-descendant peoples of the Caribbean Coast

Abstract

HK-Nicaragua Canal Develpment Investment Co., Limited., together with Empresa Desarrolladora de Grandes Infraestructuras S.A. ("HKND") promote the Interoceanic Channel through Nicaragua. On 5 September 2012 HKND and the Nicaraguan Government signed a Memorandum of Understanding for HKND to finance, build and operate the Channel for 50 renewable years. On June 13, 2013, HKND was granted the concession to build the Canal through Law No. 840. Environmental Research Management ("ERM") a consulting firm contracted by HKND has prepared the Executive Summary of the Environmental and Social Impact Study ("EIAS"). The EIAS, following the guidelines of the IFC Performance Standard (ND 7), agrees with the indigenous and Afro-descendant peoples of the Caribbean Coast on the need to carry out a consultation process until reaching Prior, Free and Informed Consent; claim that these peoples have made, since July 2013, by bringing before the Supreme Court of Justice of Nicaragua an appeal of unconstitutionality against Law No. 840, for lack of consultation and currently before the Inter-American Commission on Human Rights, through a petition before that body. Currently, the State is pressuring indigenous people to obtain approval for the Canal project, departing from the good international practices it is obliged to observe.