The Interoceanic Grand Canal Project in Nicaragua and the Erosion of Human Rights

Amnesty International recently released Danger: Rights for Sale: The Interoceanic Grand Canal Project in Nicaragua and the Erosion of Human Rights warning about the actual and potential consequences of Nicaragua's decision to pursue an inter-oceanic canal.

In this report, Amnesty International highlights how Nicaragua has pushed ahead with the approval and design of a mega-project that puts the human rights of hundreds of thousands of people at risk, without consultation and in a process shrouded in silence. Amnesty International has noted that, despite national regulations and international human rights standards, Law 840 was approved in a way that has been described by various national actors as irregular, extremely fast, opaque and lacking real and genuine consultation. The state’s actions constitute an unacceptable failure to respect its international human rights obligations.

Amnesty International’s analysis begins with a study of the legal framework put in place to regulate the Project, which reveals that human rights standards, especially with regard to the process of expropriation, have not been respected. The report then goes on to examine how the law governing the project takes precedence over other national legislation by modifying or repealing any provision or legislation that opposes it. The complete subordination of national legislation to a trade agreement does not augur well for human rights. Nicaragua’s international human rights commitments cannot and should not be adapted around trade agreements.

In addition, the project’s legal framework should not privilege the interests of the concession-holder and investors at the expense of human rights. On the contrary, it should preserve and strengthen human rights guarantees and avoid at all costs provisions that grant privileges and protections in favour of the investor while restricting or qualifying the rights of the people affected.

Amnesty International spoke to over 190 peasant farmers (campesinos) living in various communities near the projected route of the canal. Their statements revealed a profound concern at the lack of access to the information necessary to understand the details of the Project and all its impacts, especially those related to future expropriations and mass evictions.

According to independent studies of civil society organizations, along the announced route of the canal, approximately 24,100 households (some 119,200 people) in the area will be directly impacted.2 However, the data may change due to the inclusion of other sub-projects or infrastructure designed or notified subsequently.

In a project that promises to have such a massive impact nationally, genuine consultation is one of the guarantees that the state must ensure. However, the peasant farmers who spoke to Amnesty International categorically asserted that there had been no participation in genuine and effective consultations. As a result, at least 90 demonstrations have been organized by communities to demand the repeal of Law 840 and respect for their human rights.

The authorities cannot ignore the fact that the risk of losing one’s home and farmland also implies the risk of depriving people of their family environment, social networks, livelihood, adequate food and employment opportunities, as well as hindering access to education and water, among other services. Given that such a broad range of rights could be affected, it is vital that there is an effective participation process that is robust and comprehensive. The word “effective” seeks to provide protection against processes that appear on the surface to abide by human rights requirements, but where there is in fact no genuine intention to change a decision which has already been taken. The process put in place by the Nicaraguan state is far from that required by international standards.

Despite public protests, legal appeals and requests for information, the state refuses to initiate a meaningful dialogue with people who may be affected and their representatives. Human rights organizations have denounced the unnecessary and excessive use of force, disproportionate violence and unlawful detentions by police targeting people who take part in peaceful public demonstrations against the negative impacts of the Project and its legal framework. In addition, human rights and environmentalist organizations have reported acts of harassment, intimidation and retaliation against human rights defenders who have expressed concerns about the future impacts of the project.

Nicaragua has an irrefutable obligation to implement a series of guarantees grounded in human rights principles and standards.

Even if the project is never completed, a great deal of damage has already been done.