Mega-projects like hydroelectric dams are promoted to international financiers as progress to help poor countries. But peak behind the curtain and we see the investor-profit motives of private actors, both foreign and domestic.
The International Labour Organization’s Convention 169 (commonly known as ILO 169) is a binding international convention concerning Indigenous and Tribal Peoples, adopted in 1989, which guarantees their rights and requires prior consultation for measures affecting their territories, such as the construction of hydroelectric dams or large-scale mechanized mining. In the Western Highlands of Guatemala (Huehuetenango Department), Indigenous communities have been organizing resistance to the Pojom I and Pojom II dam projects. Although both were already under construction (in violation of ILO 169), in August 2025 the Supreme Court ordered the Ministry of Energy and Mines to complete a consultation process within 12 months while allowing construction to continue. Communities have challenged that ruling before the Constitutional Court, arguing that a consultation after the continued construction cannot satisfy the requirement that it be “prior.”
As is common, defenders of land rights have been criminalized in this case. Rigoberto Juárez and Ermitaño López were arrested in 2015 for their peaceful role in opposing the hydroelectric projects. After being declared not guilty of serious charges in 2016 and released, an Appeals Court in 2021 reversed the ruling and significantly increased their sentences (to 8 and 24 years). After the Constitutional Court confirmed these sentences in February 2026, IRTF has joined with Indigenous rights organizations to review their convictions and address the documented procedural violations that led to their sentencing.
