ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MAY 28, 2010
REQUEST FOR PROVISIONAL MEASURES BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING THE REPUBLIC OF PANAMA
FOUR NGÖBE INDIGENOUS COMMUNITIES AND THEIR MEMBERS
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) of January 19, 2010, whereby it
submitted to the Inter-American Court of Human Rights (hereinafter “the Court” or “the
Inter-American Court”) a request for provisional measures, in conformity with Article 63(2)
of the American Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”) and Article 27 of the Rules of Procedure of the Court (hereinafter
“the Rules of Procedure”), whereby it “request[ed] t[he Court to] require [the] State of
Panama [to] adopt forthwith all measures necessary to:
1.
[p]rotect the life and humane treatment of the members of the Ngöbe indigenous
communities: Charco [L]a Pava, Valle del Rey, Guay[a]bal and Changuinola Arriba[;]
2.
[s]uspend the construction works and other activities related to the concession granted to
AES-Changuinola along the Changuinola River in the province of Bocas del Toro, until the organs of
the Inter-American System of Human Rights reach a final decision on the matter raised in this case
[…;]
3.
[a]bstain from restricting in an allegedly illegal manner the right to freedom of movement of
the members of the Ngöbe indigenous communities: Charco [L]a Pava, Valle del Rey, Guay[a]bal and
Changuinola Arriba[, and]
4.
[p]rotect the special relationship of the Ngöbe indigenous communities: Charco la Pava, Valle
del Rey, Guay[a]bal and Changuinola Arriba with their ancestral territory, especially protect the use
and enjoyment of collective property and the existing natural resources, and adopt measures
intended to avoid immediate and irreparable damages resulting from the activities of third parties
entering the community’s territory or exploiting the existing natural resources, until the organs of the
Inter-American System of Human Rights have adopted a final decision on this matter.