UNIÓN FENOSA Violates Human and Environmental Rights in Latin America

Spanish corporation Unión Fenosa is being accused before the Peoples’ Permanent Tribunal of serious human rights violations and serious environmental and social impacts in Colombia, Guatemala, Mexico and Nicaragua. The local governments and oligarchies as well as the International Financial Institutions and the Spanish government, have also been accused of connivance with those crimes.

Union Fenosa is a Spanish transnational corporation that works on the electric sector and has a leading position among electricity corporations in Mesoamerica and Colombia. Its control in these regions was built through the purchase of former state-owned corporations for a low price. Also, the purchase of these companies enabled Union Fenosa to settle in most of the countries under a monopoly regime, such is the case of Nicaragua and Dominican Republic, or almost in a monopoly as in the case of Guatemala and Colombia.

In Nicaragua and Guatemala, Union Fenosa is accused of flagrant human rights violations: it violated the concession contract, it failed to invest in the electric network and public lighting, which causes the death of human lives, cuts in the electricity supply, discimination in the rationing, abuses against the users (high tariffs, undue collection, high billing) and violation of Labor and Trade Union rights. It is worth noting that these impacts in the case of Nicaragua are not limited, as in other cases filed before the Tribunal, to an area or community: it affects almost all the territory and population of the country.

In Colombia, in its electricity generation activities, Unión Fenosa is accused in the case of Salvajina reservoir, of not answering for the social and environmental impacts caused to the indigenous, afro descendants and peasant communities and of the compensations provided under the 1986 Act.

Unión Fenosa takes advantage of its position of power in Colombia to promote a legislation that goes against the interests of the Colombian population, by failing to contemplate the distribution company’s obligation to improve and expand the electric distribution network, by not forcing the universalization of a basic service like the access to electricity, by violating the fundamental right of having access to an adequate standard of living.

In México, Union Fenosa is accused of contracting an ecologic debt for the construction of La Venta Eolic Park in the Isthmus of Tehuantepec, with over 500 aerogenerators and the occupation of over 1,000 hectares, causing the resistance of the communities and the civil society, which have aimed their struggle at the project, not only because of what it means in terms of human rights abuses, but because information has been manipulated from the beginning to deceive the communities and conceal the actual social and environmental costs for the region.

Key issues: Privatization of Public Services and violation of fundamental rights

Denouncing organizations: Movimiento Social Nicaragüense, Campaña Internacional: La Ir-Responsabilidad Social de Unión Fenosa. Capítulo I: Nicaragua a oscuras (ODG y OMAL-Paz con Dignidad), Red Caribe de Usuarios de Servicios Públicos Atarraya en Defensa del Agua y la Energía, Sintraelecol, Censat Agua Viva – Amigos de la Tierra (Colombia), Ceiba (Guatemala), Alianza de Pueblos del Sur Acreedores de Deuda Ecológica y Red Latinoamericana contra las Represas (REDLAR).