A/HRC/27/52/Add.1
44.
Following the signing of the San Lorenzo Agreement in February 2012, the
Government, with the Catholic Church acting as mediator and the United Nations country
team in Panama as an observer, set up two round tables with representatives of the Ngobe
people to address controversial issues that remained unresolved, including the Mining Act
and the Barro Blanco hydroelectric project. The round table on the Mining Act led to the
drafting and adoption of Act No. 11 of 2012 (see para. 15 above). As a result of the round
table on the Barro Blanco dam, the parties agreed to send a joint verification mission
comprised of representatives of the Government of Panama, the United Nations and the
Ngobe-Bugle comarca to the area to carry out a preliminary study on the impact of the
project.
45.
In its report of September 2012, the joint verification mission recommended that an
independent study be carried out by an international team of experts. The hydraulic,
ecological and economic aspects of the project were examined in July and August 2013 and
a participatory, community-level assessment was prepared. The study concluded that the
project’s impacts on the environment and the Ngobe communities in question could be
mitigated but that appropriate consultations with the indigenous peoples in question had not
been carried out and that the direct and indirect impacts had not been clearly explained or
understood. It went on to say that the direct impacts could certainly affect the community as
a whole and should be mitigated properly.33
46.
Chan 75. In 2009, the Special Rapporteur visited the country to examine the
situation of the indigenous communities affected by the Chan 75 hydroelectric project and
issued a report containing recommendations in that regard (A/HRC/12/34/Add.5). For the
most part, those recommendations were not heeded by the Government. The project
resulted in the flooding of five Ngobe communities located outside the boundaries of the
Ngobe comarca. Following the visit, most of the families concerned reached agreements
with the Government and with AES Corporation, the terms of which have been made
public. Two families have failed to reach an agreement with the enterprise, despite the fact
that their farms have already been flooded. It is further claimed that AES has not completed
construction work on the alternative housing that was promised to the families, who are
currently living at various widely scattered locations. During the Special Rapporteur’s visit,
government representatives told him that it had been a mistake on their part to allow the
company to carry out the Chan 75 consultations on its own at the start of the project.
Indigenous representatives also complained that the consultation process took the form of
negotiations with individual families, rather than with indigenous representatives or
traditional decision-making bodies.
47.
Bonyic. The Bonyic project, which is located on traditional lands claimed by the
Naso people, is another controversial hydroelectric project. Although the enterprise
carrying out that project has reached agreements on compensation with a number of the
families concerned, others informed the Special Rapporteur that they had not negotiated
with the company. In 2004, the previous Naso king signed an agreement on compensation
and benefits between the enterprise Hidro Ecológica del Teribe and the Naso people
regarding the construction of the Bonyic hydroelectric power station. In 2012, the current
king signed an accord with the corporation which broadened the agreement on
compensation and benefits, with the enterprise agreeing to provide a number of benefits
mainly in the areas of job creation, education, health and infrastructure. However, a number
of members of the Naso community oppose the accord and assert that they were not
33
12
Peritaje al Proyecto Hidroeléctrico Barro Blanco, Resultados del Diagnóstico Rural Participativo,
September 2013, para. 100.
GE.14-07234