The debate about hydropower has recently been revitalised in the context of climate change and the large unmet demand for energy in many countries. This study is a contribution to the debate about hydropower development, indigenous rights, and the rights of affected communities in the face of development projects, presenting Guatemala as a case study.
Main findings include:
- the strategic plan for hydropower development in Guatemala was prepared without consulting civil society and indigenous peoples
- the privatisation and liberalisation of the energy sector in Guatemala has produced a legal framework that prioritises the interests of private actors, and has eroded the role of the state as a guarantor of citizens’ rights
- consequently, conflict has been generated, with negative implications for the well-being of communities and the implementation of projects.
The paper then presents the following recommendations:
- the Guatemalan state ought to modify its legal and institutional framework for the energy sector so that it protects the rights of citizens
- it has to put in place a legal framework which prioritises access to electricity for the country’s inhabitants and assures benefits for the municipalities, communities and the people of Guatemala
- it has to declare a moratorium on new licences and authorisations on the use of rivers until a law of consultation is in place and adequate information is provided
- it has to draw up a water law that incorporates the rights of communities, the human right to water, and indigenous peoples’ rights
- as a donor, Norway, should support comprehensive needs and options assessments that take into account environmental and social dimensions as much as financial and technical aspects
- it should endorse the principle of free, prior, and informed consent in hydropower development projects.