Request to set business and human rights on the agenda of

the EU- Central America association agreement

Letter addressed to the presidency of the EU domestic advisory group of the EU-Central
America association agreement
23 May 2016
I opposed the dam because the river gives us life. He put a pistol to my head and told me to leave or die,
and then burned down my house. I lost everything Justino Paz, 64.

Dear Mr Mrio Soares,

As Chair of the EU domestic advisory group (DAG) of the EU-Central America association agreement,
FIDH would like you to suggest putting the implementation of the UN guiding principles on business and
human rights and the OECD guidelines for Multinational enterprises on the agenda.
In March 2016, more than 100 NGOs urged the EU to take action, following the deaths of Berta
Caceres and Nelson Garca, both members of the Civic Council of Popular and Indigenous
Organisations of Honduras (COPINH)1.
The letter denounced the violence, threats and harassment against human rights and environmental
defenders and local communities, the impunity that ensues, and economic projects like the Agua Zarca
hydroproject, contested for its impact on the environment and human rights. The project received both
national and international funds from multiple sources, including the Dutch development bank FMO and
Finnfund from Finland. Voith Hydro is also involved in the project as equipment supplier, and Siemens
is in a business relationship with this company (both being based in Germany). The NGOs requested of
the EU to pursue efforts to ensure the protection of human rights defenders and fight impunity, and to
ensure EU investments comply with international human rights law. They requested the EU to use all
available mechanisms, including those set up in the association agreement.
Last week, the EU responded to the NGO letter by assuring the issue would be further discussed
through political dialogue and cooperation, and by saying it expects the Parties to the EU-Central
America association agreement to fully implement its provisions, including those concerning human
rights and labour rights, environmental protection and corporate social responsibility. In the meanwhile,
Finnfund and FMO declared they would withdraw from the project. The decision was welcomed by the
NGOs. We do not know the current position of Siemens and Voith hydro.
We think it is important to, at least, clarify how the different stakeholders have taken stock of the events
to prevent similar situations. To that end, we think it essential that the DAG be able to take the case,
bringing all stakeholders to the table (Honduras, the EU, Finland, the Netherlands, Germany and the
companies including DESA, Voith and Siemens), to engage in a discussion about how the project has
taken place, what are the lessons learned, and to agree on further cooperation.
We would want the DAG to organise round tables and work on the issues, to clarify how the different
stakeholders took the appropriate measures to prevent and mitigate the human rights risks and to
comply with their respective obligations, as well as measure how the UN guiding principles and the
OECD guidelines for Multinational enterprises have been implemented. Based on this, it is important to
understand and to clarify how such tragic events are taken into account to improve practices. Lastly, it
1

https://www.fidh.org/en/region/americas/honduras/122-ngos-urge-the-eu-to-take-action-following-murder-of-bertacaceres

www.fidh.org

is essential to define ways to cooperate in the framework of the association agreement to better prevent
similar situations.
The case is unfortunately not an isolated one. Since 2009, the government of Honduras has licensed
hundreds of environmentally destructive mega-projects, including mines, hydroelectric dams and model
cities, ignoring its obligation to seek consent from indigenous communities. Between 2010 and 2015,
109 environmental activists were murdered, reported Global Witness. With regard to the Gualcarque
river, the Agua Zarca hydroproject impacted on the source of food and drinking water of the Lenca
people. Although relatively small, the proposed dam would desiccate the river and render life
impossible for the Rio Blanco community. The protests against the project began early on and provoked
the disengagement of several stakeholders. Threats, harassment, and violence nevertheless
surrounded the resistance for years. Several issues are at stake, the duty of States to respect, protect,
and fulfil human rights, the obligation of the EU to design and implement its policies in order to
consolidate human rights and the rule of law, the responsibility of the companies to respect human
rights throughout their operations and in relation to their business relationships, by carrying out human
rights due diligence.
Effective cooperation in the matter will benefit sustainable development and the rule of Law. It will
benefit all parties of the association agreement, each of them being provided an opportunity to share
experiences and best practices.
Yours sincerely,
Karim Lahidji, FIDH President

CC :
Mr Grard Karlshausen Vice-Chair, NGO sub-group
Ms Alba Ridao-Bouloumi, Vice-Chair, Business employer subgroup

***
FIDH is an international human rights NGO federating 178 organizations from close to 120 countries.
Since 1922, FIDH has been defending all civil, political, economic, social and cultural rights as set out
in the Universal Declaration for Human Rights. FIDH's headquarters are in Paris and the organization
has offices in Abidjan, Bamako, Brussels, Conakry, Geneva, The Hague, New-York, Pretoria and
Tunis.

www.fidh.org