The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, submits herewith his observations on the situation of the Charco la Pava community and other communities affected by the Chan 75 hydroelectric project in the Changuinola District, Bocas del Toro Province, Panama. These observations are the result of an exchange of information and communications with the Government of Panama and other interested parties, and of the Special Rapporteur’s visit to Panama from 27 to 30 January 2009. The aim of the visit was to learn more about the situation of the Charco la Pava community and other communities affected by the Chan 75 hydroelectric project in order to make recommendations to the State on measures that could help to improve the situation, within the framework of the international standards on the rights of indigenous peoples.
During his visit, the Special Rapporteur was able to gain a greater appreciation of the situation and maintain a constructive dialogue with several ministries and government agencies; representatives of Charco la Pava and other communities affected by the hydroelectric project; the company in charge of the project, AES Changuinola; United Nations agencies in Panama; and other stakeholders. The Government of Panama’s collaboration with the Special Rapporteur’s in situ visit is an example of good practice that the Special Rapporteur hopes to develop in other countries where his involvement could contribute to the search for constructive solutions in specific situations, within the framework of the applicable international standards.
In his observations, the Special Rapporteur has sought to focus on the criteria and facts that should form the framework of a comprehensive and fair consideration of the situation of the indigenous communities affected by the Chan 75 hydroelectric project. The Special Rapporteur has also sought to duly reflect and respond to the substantive arguments of the State, in the hope that the State will re-evaluate its position and adopt a proactive stance that will facilitate continued constructive dialogue on the measures to adopt in this case. At the request of the Government of Panama, the report includes an annex containing the Government’s response to the Special Rapporteur’s conclusions and recommendations on measures that could help to improve the situation, within the framework of the international standards on the rights of indigenous peoples.
Among his main conclusions, the Special Rapporteur points out that the Chan 75 hydroelectric project has got under way, and has made a significant impact on the indigenous communities in the surrounding area, without the consultation process required by international standards on free, prior and informed consultation with indigenous peoples. Their insecurity as regards land tenure and natural resources contributes to the vulnerability of the communities affected by the project. In that regard, the Special Rapporteur recommends that steps be taken to remedy the lack of adequate consultation with the indigenous communities affected by the hydroelectric project and to address their territorial claims, especially in view of the significant level of discontent among the communities and the inadequate negotiation processes that were held in order to relocate the communities affected by the Chan 75 hydroelectric project.
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