Chadín 2 Hydroelectric Power Project

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Chadín 2 Hydroelectric Power Project

Request for Constitutional Protection for Earth Rights Defenders Affected by Chadin 2 Hydroelectric Power Plant

Country:

Peru

Case Status:

Ongoing

Issues:

Corporate Accountability, Mega-Projects, Extractive Industries

Harms:

Right to health and a healthy environment, right to life, right to property, right to culture

Summary

The Chadín 2 Hydroelectric Plant is one of more than 20 hydroelectric projects planned on the Marañón River in Peru. In 2011, the Peruvian government declared the project of national interest and in 2014, the Ministry of Energy and Mines granted it the concession of the project and approved its Environmental Impact Assessment (EIA).

The project will create energy by damming of the waters of the Marañón River, whose reservoir will have an area of 32.5 square kilometers along 22 kilometers of the river, consequently flooding the surrounding territories. This would displace at least 1,000 people living in Cajamarca and Amazonas, resulting in irreparable loss of land, irreversible damage to dry forests, and a would jeopardize their ecosystem.

The affected communities filed a landmark lawsuit against the Peruvian government, requesting the immediate cancellation of the project.

The communities are currently waiting for a response from the defendants.

Plaintiffs

Representatives of several communities affected by the project, including Yagen, Cortegana, Tupen, Mendan, and Rambran.

Defendants

  • The Ministry of Energy and Mines
  • The Ministry of the Environment
  • The National Environmental Certification Service for Sustainable Investments
  • The company AC. Energy S.A.
  • National Water Authority (ANA)

Partners

Leaders and leaders of the communities affected by the construction of the Chadin 2 Hydroelectric Plant that support the demand and the Legal Defense Institute -IDL.

1970

An evaluation of the hydroelectric potential of Peru was made. In this evaluation, it was defined that a number of hydroelectric power plants could be built in the Marañón River.

1985

The Canadian company SNC Inc. carried out a hydroelectric study of the Central Marañón for the company Electroperú, in which it proposed to build three dams: Cumba 4, Chadín 2, and Balsas.

2010

The Brazilian company Odebrecht, through its subsidiary AC Energía, carried out a feasibility study and prepared an EIA for the Chadín 2 hydroelectric project.

2014

On February 20, by means of Directorial Resolution No. 058-2014-MEM / AAE, the MEM approved the EIA for the Chadín 2 hydroelectric project. EIA has various observations by public institutions on energy, agricultural environmental and water resources. Observations that have not been fully raised by AC Energía S.A.

2018

Affected communities file a lawsuit with the Mixed Court of Celendin of the Superior Court of Justice of Cajamarca.

Legal Issues

This project is a certain and imminent threat to the guarantee of the fundamental right to a balanced and adequate environment and the development of life, as recognized in Article 2.22 of the Political Constitution of Peru. This is because the construction and operation of the hydroelectric plant would cause imminent and serious damage to the Marañón river, its basins, and tributaries, harming a fundamental part of the environment and life of the communities that live on the river and depend on it for their lives and livelihoods.