2 2. The communication of January 21, 2010, whereby the Secretariat of the Court (hereinafter “the Secretariat”), following the instructions of the President of the Court (hereinafter “the President”), and in conformity with Article 27(5) of the Rules of Procedure, requested the State of Panama (hereinafter “the State” or “Panama”) to submit its observations on this request (supra Having Seen 1), as of January 29, 2010, at the latest. 3. The communication of January 29, 2010, whereby the State submitted its observations on the request for the adoption of provisional measures (supra Having Seen 1). 4. The Secretariat’s note of February 1, 2010, whereby, following instructions of the full Court, it requested the State to submit, within a non-extendable term up to February 3, 2010, information regarding: i) the alleged, current or imminent flooding of the areas where the members of the Ngöbe communities currently live, and ii) more detail regarding “the 78% conformity of the community members” of the Ngöbe indigenous people with the “Plan Global de Reasentamiento” (Global Resettlement Plan), including information on the negotiations that led to the agreement signed on February 4, 2010. Additionally, and within the same term, it required the Inter-American Commission to submit its observations regarding those issues. 5. The briefs of February 3, 2010, whereby the Inter-American Commission and the State submitted, respectively, their responses to the Court’s questions (supra Having Seen 4). 6. The Secretariat’s note of February 5, 2010, whereby, following the instructions of the full Court, the State was requested to submit, within a non-extendable term until March 15, 2010, additional information regarding: a) the manner and timeline of the processes to remove the vegetation and flood the land where the Ngöbe indigenous communities are located; b) the identification of the communities and/or number of members of the Ngöbe communities who had not signed any agreements with the company and/or the State; c) the current situation of those affected by the contamination and explosions in the area, specifically with regards to children, the elderly, and women; d) the content of the agreement of February 4, 2010, submitting an official copy of that agreement; e) detailed information regarding how the agreements of November 26, 2009, and February 4, 2010, respect the uses and customs in the appointment of representatives and collective decision making by the communities; f) whether within the framework of the agreement of November 26, 2009, any possibility of cancelling individual agreements is contemplated; g) information regarding the current situation of the appeal for legal protection filed in 2007 before the Supreme Court of Justice; h) information regarding the beginning and frequency of the visits that the Department of Health will perform in the area “so as to assess the health conditions of the communities,” and i) the mechanism contemplated for the Office for Civil Rights to “provid[e] follow up on compliance with all of the agreements and commitments that [were] reach[ed] during the negotiations, in addition to the resettlement project presented.” In the same note, following the instructions of the full Court, and based on the provisions of Article 27(8) of the Rules of Procedure, the Office for Civil Rights was requested to submit, within the same non-extendable term, a report analyzing the potential impact of the current advances in the construction of the Chan-75 hydroelectric project on the rights of the Ngöbe indigenous communities, as well as their institutional assessment of the consultation

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