7
f.
“the closing of the Changuinola river canal is expected to be completed by 2011
and the reservoir process [would be] conducted during a one-month period, depending
on the weather conditions.” The State indicated that the reservoir would be built in an
area that “represents less than 1% of the total area of the ‘Protection Forest’;”
g.
the relocation of the communities would take place “within the same
environment, more or less 500 meters from where they were settled” and with “the
benefit of ownership of the collective lands,” thus they will continu[e] to live in the
lands where they have always lived, and w[ill] have access to health, education,
roads, work, and the agreed compensations.” Also, the State referred to a press
conference held in March 2010, with the Office for Civil Rights, in which the leaders of
the communities of Charco La Pava and Changuinola Arriba expressed that that
communities were satisfied with the agreements signed with the company and the
State, as well as the resettlement and the compensations, and that they were awaiting
the delivery of the collective lands. Regarding the compensations, the president of the
Community Charco La Pava indicated that “the affected communities are being paid”
the amount of “twelve million dollars.” Regarding the resettlement, the president
indicated that “after the reservoir” the remaining lands are “those that [they] want to
use” and that they “know that the pieces that remain after the reservoir are the lands
that [they] need for the communities.” He said that this would be “where the Charco
community is, at a location further up from this one;”
h.
that “it [had] 99% of the families’ agreement with the hydroelectric project,”
that only “10 families” are “pending the final agreements” and that “the communities,
through their accredited representatives, [had] testified that the company had
complied with the compensations;”
i.
“the Firemen of Panama” require the company “to use internationally recognized
security protocols” at the time of the detonations. It assured that “such security
protocols are conducted rigorously;”
j.
in March 2010, according to assessments by the ANAM, “there w[as] no type of
air or water contamination in the area.” Also, on April 19, 2010, the State submitted
photos of the Changuinola River “where you could see that despite the construction
works, the waters remain crystal clear, with native fish.” The State indicated that it is
“follow[ing] the parameters and recommendations to minimize environmental impact;”
k.
“there [is] no police presence in the area where the hydroelectric project is
developed, and there is a peaceful and calm environment in the communities.” The
State added that “since the dialogue began, none of the natives have been deprived of
free transit, and there [have been] no violent incidents or reports of harassment to the
indigenous people,” instead there is “a climate of respect and dialogue with the
communities.” The State also highlighted that “the restrictions claimed by the
petitioners are based on access to the restricted work areas, […] not to the area where
the communities are;”
l.
regarding the continuous processes of consultation with the families, the State
reported that “in the cases where the families did not master the Spanish language, a
Ngöbe translator assisted them.” The State claimed that “the recommendations given
by the Special Rapporteur were followed [...] establishing [the aforementioned] High
Level Commission, to serve the communities and accomplish the signing of the
agreements and compensations,” and
m. the “individuals cited [by the] petitioners as alleged inhabitants of Guayabal”
lack arguments that these individuals “live and carry out their daily, family, and social