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Community in Juchitán wins suspension against EDF wind farm

Energiahoy.com|Fernanda Hernadez|September 20, 2021
MexicoImpact on PeopleLegal

Bettina Cruz , a member of the APIIDTT, said at a press conference that the community filed the amparo against the wind farm, which seeks to produce 252 MW and obtained its permits in 2016. However, the company needs the authorization of the true owners of the the lands that are the commoners. “For that reason we decided to file an injunction with the community members. 


In Juchitán, there are more than 15 wind farms and the community is organized by assemblies who have to authorize the change of soil, however no wind farm has the permission of the assemblies 

The Assembly of Indigenous Peoples of the Isthmus in Defense of the Land and Territory (APIIDTT), announced the triumph of an amparo filed by the Agrarian Community of Juchitán against the Electricité de France (EDF) company for the construction of the Gunna wind farm Sicarú .

Bettina Cruz , a member of the APIIDTT, said at a press conference that the community filed the amparo against the wind farm, which seeks to produce 252 MW and obtained its permits in 2016. However, the company needs the authorization of the true owners of the the lands that …

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In Juchitán, there are more than 15 wind farms and the community is organized by assemblies who have to authorize the change of soil, however no wind farm has the permission of the assemblies 

The Assembly of Indigenous Peoples of the Isthmus in Defense of the Land and Territory (APIIDTT), announced the triumph of an amparo filed by the Agrarian Community of Juchitán against the Electricité de France (EDF) company for the construction of the Gunna wind farm Sicarú .

Bettina Cruz , a member of the APIIDTT, said at a press conference that the community filed the amparo against the wind farm, which seeks to produce 252 MW and obtained its permits in 2016. However, the company needs the authorization of the true owners of the the lands that are the commoners.

“For that reason we decided to file an injunction with the community members. It was filed since last year and it was until September 6 of this year that they granted us the flat suspension, it means that the companies cannot do anything in our territory while the trial lasts because they would affect these lands that are the ones in question. to protect with this suspension, "he explained. 

The amparo process

For his part, the lawyer Carlos Gonzáles , a member of the National Indigenous Congress, explained that a group of community members from Juchitán filed the indirect protection suit 302-2020 before the Sixth District Court, who denied the suspension of the project to the community members.

Later, they went to the Collegiate Court in Civil and Administrative Matters of the thirteenth circuit and the matter was taken up in complaint number 245/2021 . This court determined that the group of community members had the standing to act and defend the collective interests of the community.

“This is important because the community does not have communal representation, it does not have a commissariat of communal goods; then it gives the community members the ability to defend the community as a whole. That is, it recognizes a legitimate interest as community members to defend all of the lands. This is important because the community members who promoted the protection live in the Santa María Xadani annex; and the wind farm is to be built in the Unión Hidalgo y la Ventosa annex; because they are communal lands and lands of common use, which belong to everyone, then they recognize that legitimate interest ”, he developed.

In addition, he recalled that these communities frequently file legal remedies, mainly related to environmental and health issues; but this time it is a substantive impact on the land and the territory.

“We demand that these governments respect this suspension that the Collegiate in Oaxaca is resolving. It is a requirement that we have as indigenous peoples. We call for a halt to all harassment and disqualification measures against those of us who demand respect for our rights, our territory and our rights as indigenous peoples, ”asked Bettina Cruz.

What happens in the Isthmus and Juchitán?

According to Bettina Cruz, there are currently 29 wind farms and more than 3,132 wind turbines in the Tehuantepec Isthmus area . These produce more than 3,000 MWh of electrical energy and it is for multinational companies such as Bimbo, Walmart, Grupo México, among others, he denounced.

Similarly, he indicated that the large companies that have reached these communities range from the Spanish Iberdrola, Acciona and Naturgy to the German Siemens, the American General Electric, EDF, Enel, Gamesa and Peñoles, to name a few.

“One of the most important geographical areas for the country where there is a lot of wind is the Isthmus of Tehuantepec. Companies began to arrive deceiving people; They took advantage of the deliberate impoverishment that the government has caused in our territories; and they began to occupy our territories regardless of whether they were of collective, communal and ejidal origin ”, he commented. 

Specifically in the case of Juchitán , Cruz indicated that there are more than 15 wind farms. Here the communities are organized by assemblies, who have to authorize the change of land use; however, none of these parks has the permission of the assemblies.

Interests involved

In addition, Carlos Gonzáles explained that historically, the area has been of greater interest to the United States government and large companies due to the transit of people and goods; the water reserves of the Chimalapas jungle; the coasts and mangrove areas; fauna and diversity; mining resources, etc.

“In the region there is a diversity of indigenous and native populations that have inhabited these territories for centuries. One of them is the Zapotec people and Juchitán is the community with the largest indigenous population in Mesoamerica, it is a large city where there are thousands and thousands of speakers. This is an obstacle to the interests of national and foreign companies and governments; Furthermore, Juchitán has a long history of struggle and participation, and very important rebellions took place or developed ”, he pointed out.

Finally, Mario Quintero , member of the global campaign "The Isthmus is Our", recalled that the Federal Electricity Commission proposes the development of transmission and distribution lines; as well as energy generation projects that have repercussions on indigenous peoples and agrarian communities.

“You have to start talking about energy issues, you have to start talking about agrarian issues, listen to and respect the voice of the peoples; because the peoples have always been right and their word is true because they are the ones who live the dispossession of water, of the earth's resources, "he concluded. 


Source:https://energiahoy.com/2021/0…

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