Participatory Rights in the Honduran Renewable Energy Sector : An International Environmental Law Perspective

Abstract: This study approaches participatory rights regime that includes Access to Environmental Information, Public Participation in decision making and Access to Justice in relation to environmental matters. It explores the Honduran law with the purpose of verifying if the regulations that control and manage the renewable energy sector are compatible with the participatory rights regime that International Environmental Law and Human Rights Law states. Renewable energy specifically hydropower generation has marked the development of the entire energy system in Honduras, however it is going to be explain how a hydropower energy dominated system became a thermal energy dominated system. The purpose of this thesis follows the idea that, to change this thermo- energy policy it is vital the application of a participatory rights regime, this is why it is going to identify the participatory rights provision inside its national law.The conclusion of this study is that Honduran law recognizes basic environmental rights and participatory rights provisions in the broad hydropower framework, primarily due to its international commitments. But fails to accomplish the norm objectives due to the fact that the law itself doesn’t establish a procedural framework, on the foundation of respect (requires states to refrain from interfering with the enjoyment of the right), protection (requires states to prevent others from interfering with the enjoyment of the right), fulfillment (requires states to adopt appropriate measures to ensure the full realization of the right).