Endesa Central Electric will be the first initiative to undergo indigenous consultation
Indigenous peoples and the SEA Region of Los Rios have 90 days to agree on the criteria of consultation on power plant Neltume. The sector looks with concern this process, including the ILO Convention 169
The Neltume Water Plant, that Endesa generator plans to build in the Region of Los Rios, is the first electrical initiative in the country to submit to Convention 169, adopted by the ILO and ratified by Chile in 2009, which provides consultation to indigenous peoples when a project is installed in their habitat.
On May 16, the Department of Environmental Assessment (SEA) of the XIV Region issued the call in the Official Journal. “It has been ordered the completion of a consultation process with indigenous communities, indigenous peoples and groups that are within the area of influence of this project and are likely to be affected by it, in accordance with ILO Convention 169 Indigenous Peoples, “says the text.
The start of this process was preceded by a change in position of Endesa, the authority indicated in the answer to the third addendum. At first, the company claimed that the project would affect only Quintumán indigenous community. Subsequently, “according to research conducted by the holder (Endesa) in Lake Neltume Nguillatun involved with different roles, John Quintumán communities, and Valeriano Inalafken Callicul and other communities or families from other communities in areas close to the area the project, “says the SEA.
Neltume is the largest Endesa’s hydroelectric project after Ralco. It is Central pass (without reservoir) of 490 MW and an investment of U.S. $ 780 million. Estimated initially from in 2014, today the initiative is on standby for problems in environmental regulation. In its operation will vary the elevation of the lake of the same name, which will increase the frequency and duration of flooding in the area of Tranquil, particularly in the private road that connects the people of the area. Also cause temporary and partial flooding of the golf Nguillatun, ancient ceremonial site for the native peoples of the area, on the banks of the lake. The indigenous peoples of the area, mostly Mapuche, disagree with the initiative.
The electricity sector is concerned, because the process is carried out even without the new regulation of the SEA, which is from January in Comptroller for his decision, including the implementation of the ILO Convention. In addition, lack the general rules to regulate the consultations, which will leave the Indian table led by the Ministry of Social Development and has postponed its resolutions, initially scheduled for April.
The Generating Association’s General Manager, René Muga, considered risky that Endesa undergo consultation, without the necessary tools, but he believes that we must follow the law and that projects can no longer be delayed pending new regulations. “We are in a temporary situation. There are two basic instruments that deal with environmental approval and Convention 169, which are not yet issued. The Neltume is a query that needs to be done in the interim, until we have an instrument that regulates the indigenous consultation, “he explains.
Doubts
Is really a question how will the process take place. Endesa is waiting SEA coordination with communities which is vital to ensure the smooth conduct of the consultation process. The environmental agency must agree with the indigenous people of the area to establish the mechanisms, benchmarks and timelines that will the process take place.
Jorge Hueque leader of the Koz Koz Parliament, the main opponent of the initiative, said that the SEA gave them last week within 30 days to coordinate between communities and establish consultation mechanisms. However, the communities asked for an extension of 90 days and the environmental agency has 15 days to respond. According to Hueque, the community does not have an opinion on whether or not to participate. In his view, the process is out of time, as it should have been considered since the beginning of the environmental procedures in 2011. In case of participating, he says, they want to continue with the international standard.
That, says the coordinator of the Citizen Observatory, Hernando Silva, communities will discuss the application of the model used in the judgments of the Inter-American Court of Human Rights. Refers thereby Sarayacu from Ecuador, and a old failure on Saramaka versus Suriname. In case of Ecuador, it was established that consultation must be made in good faith, via culturally appropriate procedures two and have the objective of reaching an agreement.
He also notes that the inquiry should not be limited to a mere formality, but should be seen as a real tool for collaboration. “The proposal of the communities is to land standards of international law,” says Silva. For example, he says, that the consultation process may establish a form of consent by the communities, if a greater involvement, and third party make impartial studies of environmental assessment. “This was what happened in Ecuador” adds Silva.
The environmental lawyer of Larraín and Associates and former CEO of CONAMA, Alvaro Sapag, adds that in mining areas consultations have been held in Convention 169, from a SEA made prompt contained in the proposed regulation today in Comptroller. Sapag detailed that even the El Morro project is developing its consultation process based on these guidelines. “The problem is that that pattern, for some communities may not meet the requirements of the consultation process. As there is no set format, the participation process itself is quite poor “believes. This is the only tool that will account for it. So far, indicates Sapag consultation processes have not been controversial, which will not happen with Neltume. “This project is more complex. You have to see how it manages the process “poses.
Neither the service nor Endesa Environmental Assessment wanted to comment on the ongoing consultation by the project Neltume.
Source: La Tercera
