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 11

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