6
organization and collective decision-making.” The Commission referred to the
statements made by two leaders on April 29, 2010, according to which “those who
accepted the agreements with the Company and the State, approximately 4000 (four
thousand) people, regret doing so, feel cheated, and have been forced to find a place
to relocate,” that “the resettlement is fiction,” and that “they feel threatened and are
afraid of being evicted from their land,” and
m. the community of Guayabal did not participate in the agreements with the State
and the company, and they have expressed in a reiterated and uniform manner their
open opposition to any resettlement initiative. On May 21, 2010, the Commission
indicated that “during the past few days a camp was set up to perform the felling of
the forest related to the construction of the dam,” although the ANAM “had not
granted the permit to begin the felling.” It added that “the farms of Guayabal had not
been deforested, unlike those of Charco […] La Pava, which were deforested in 2008,”
which is “generating a lot of tension in the community of Guayabal.”
6.
The State’s observations regarding the instant request for provisional measures, in
general terms, are:
a.
that on August 4, 2009, the creation of a “High-level Commission” to handle the
communities’ petitions was approved, and it is comprised of High Level Government
Employees,5 representatives of the communities, representatives of AES Changuinola,
“and the Office for Civil Rights, as guarantor of the agreements reach[ed by this]
Commission.” The State indicated that these agreements are with the communities of
Charco La Pava, Valle del Rey, Changuinola Arriba and Nance de Riscó, and indicated
that on November 26, 2009, a “tri-partite” agreement was reached between the
parties that “allows for an individual negotiation between the company and [...] the
residents of the communities;”
b.
“that it is currently in an advanced stage for the awarding of collective lands.”
This award process is based on an “Executive Decree” bill that “will declar[e] social
interest of awarding the Collective Lands” to the Ngöbe members “that are directly
affected by the transfers and relocations known as the settlements of Changuinola
Arriba, Charco la Pava, Guayabal and Valle del Rey, as a result of the activities related
to the hydroelectric concessions;”
c.
on January 3, 2008, the National Police had intervened following the legal
protocols, with the “use of non-lethal force”, in response to the alleged “intention [of
the protesters] to obstruct the roads and the construction works;
d.
while “police presence […] represented unease, [it was] due to the State’s duty
to ensure the security, life and property of citizens and foreigners, at times when there
were conflicts between the Company and the communities, [which have already been]
overcome;”
e.
the deforestation “would be conducted under the consent of the ANAM, “after
conducting environmental impact assessments” and those to execute them “would be
mostly [...] people from those communities” who are being trained, and there would
be an “inspector of labor security and fauna and flora rescue patrols;”
5
Vice-President of the Republic, Minister of Foreign Relations, Vice-minister of the Government and Social
Development, representative of the Department of Health, Governor of the Province of Bocas del Toro, Mayor of
Changuinola, a member of Parliament, and ANAM representatives.