A/HRC/27/52/Add.1
Investment projects
39.
Numerous allegations of violations of the rights of indigenous peoples have been
made as a result of the development of large-scale hydroelectric and other investment
projects in Panama’s indigenous territories, particularly in recent years. Government
representatives informed the Special Rapporteur that the State views hydroelectric power
generation as its main priority and that there are plans to construct further plants in the
coming years.
40.
In general, the indigenous peoples affected by these projects claim that there have
been irregularities in the processes involved in obtaining authorization for the construction
of hydroelectric power stations or in reaching agreement on such projects. It has also been
claimed that the revenues from these projects have been distributed improperly. Most of
these projects are located outside of the boundaries of the indigenous comarcas, but they
nevertheless have an impact on lands recognized as belonging to or claimed by indigenous
peoples.
41.
Recent experiences in connection with hydroelectric projects in Panama illustrate
the consequences of the lack of an appropriate governing framework for consultations with
indigenous communities. In the cases that have arisen recently, consultations were carried
out in an improvised manner. Representatives of both the Government and indigenous
peoples stated that those processes were unsatisfactory, partly because the enterprises
involved undertook to carry out the consultations on their own and failed to work with the
peoples concerned through their representatives.
Specific projects
42.
Barro Blanco. The Barro Blanco hydroelectric project is being developed by
Generadora del Istmo, SA, a Panamanian enterprise with Central American financial
backing. The dam for this hydroelectric project is currently under construction and is
located outside the boundaries of the Ngobe-Bugle comarca. However, the dam’s reservoir
will flood lands in an adjacent area and will thus have a direct impact on a number of the
comarca’s inhabitants. Representatives of the Government and of the indigenous peoples
concerned agree that the existing tensions and the continued rejection of the project by the
Ngobe people are, to a large extent, the consequence of shortcomings in the consultation
process. The environmental impact study approved by the National Environment Agency
has also given cause for concern, since it fails to assess the project’s impact on the lands
and territories of the Ngobe-Bugle people.
43.
The disputes surrounding this project began at the start of 2011, when members of
the Ngobe people closed off various sections of the Inter-American Highway. The
demonstrations ended on 27 February 2011 with the signing of the San Félix Agreement by
the Government and the Coordinating Body for the Defence of the Natural Resources and
Rights of the Ngobe-Bugle People and Campesinos. The Government undertook to work
for the passage of a law that would prohibit mining and mineral exploration in the NgobeBugle comarca. However, when the bill was passed into law by the National Assembly at
its first reading, the article providing for the cancellation of commercial mining concessions
already in operation within the comarca had been removed from the text. This sparked a
fresh wave of demonstrations, and the Inter-American Highway was again closed off in
February 2012. Two members of the Ngobe community died during those demonstrations,
and the inquiry into the circumstances surrounding their deaths has not been completed.
Indigenous peoples and various civil society organizations also claim that, while in police
custody, a number of girls and women were subjected to sexual violence, including rape in
one case. Investigations are also ongoing in these cases.
GE.14-07234
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