A/HRC/27/52/Add.1
correcting any shortcomings in their applications that might lead to delays in that
regard (paras. 34 to 37);
(f)
Re-examine the proposal put forward by the Naso people regarding the
establishment of a comarca as a means of safeguarding and securing official
recognition of their territorial rights (para. 38);
(g)
Take the necessary steps, in coordination with the corresponding
indigenous authorities, to prevent third parties from entering recognized or claimed
indigenous territories and punish any persons illegally present on those lands (paras.
30 and 36);
(h)
Ensure that natural resource development projects are implemented on
the basis of consensual agreements with the peoples concerned in a manner that is
beneficial to those peoples and respectful of their human rights (paras. 39 to 41);
(i)
In the light of recent experiences with the implementation of
hydroelectric projects without appropriate consultations with the indigenous
communities concerned, such as the Barro Blanco and Chan 75 projects, establish, in
coordination with indigenous representatives, a governing framework for a system of
consultations to be applied in the case of hydroelectric and extractive projects that
have an impact on indigenous peoples (paras. 42 to 46);
(j)
As to the Barro Blanco hydroelectric project, the lands of the Ngobe
people should not be flooded or adversely affected in any way without the prior
agreement of the representative authorities of that people as to the conditions attached
thereto. Without the agreement or consent of the Ngobe people, the State should not
allow the territorial rights of this people to be prejudiced in any way unless it is
necessary to do so for a public purpose that is valid from a human rights perspective
and, in such cases, only to the extent that it is necessary for and proportional to that
valid purpose (paras. 42 to 45);
(k)
In recognition of the significant framework of protection provided by the
comarca system with regard to self-governance and political participation, develop
special protective measures of that type for collective lands and for indigenous peoples
whose territories have not been recognized (paras. 49 to 55);
(l)
Strengthen its coordination and consultations with indigenous
authorities concerning legal, political and administrative decisions that affect them
and ensure that any decisions taken by those authorities within their areas of
competence are respected (para. 54). In that regard, the National Border Service of
the Republic of Panama should coordinate its activities with the indigenous
authorities;
(m) Respect the right of indigenous peoples to elect their authorities in line
with their traditional forms of representation (para. 55);
(n)
In view of the fact that indigenous peoples continue to have higher
poverty rates and worse living conditions in terms of access to basic services,
education and health: (i) Increase the efforts and resources devoted to narrowing the
gap between indigenous peoples and other Panamanians in terms of access to
education, health and economic development; (ii) Strengthen the coordination and
implementation of education, health and economic development programmes and
policies in collaboration with indigenous authorities, both within and outside the
boundaries of the comarcas, and allocate additional resources for that purpose; (iii)
Provide education and health specialists operating in indigenous areas with training in
the areas of interculturality, indigenous languages and the legislation governing the
comarcas (paras. 57 to 71);
GE.14-07234
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