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