For nearly a decade, Panama’s Barro Blanco dam has met with strong opposition from indigenous Ngäbe communities. It has also generated violent suppression from government forces, and attracted criticism from international organizations.
An agreement on the dam’s completion, reached by the government and the community’s now-ousted leader, was voted down by the Ngäbe-Bugle General Congress in September 2016. The dam’s surprise deregistration from the UN Clean Development Mechanism in October 2016 did nothing to stop the project.
Now, the General Administrator of Panama’s National Authority for Public Services has declared that the Ngäbe-Bugle General Congress never presented a formal rejection document to the government, meaning dam operations can begin.
Panama’s Supreme Court has ruled against the last two legal actions by indigenous communities impacted by Barro Blanco. The Supreme Court decisions cannot be appealed, so the communities have now exhausted all legal avenues within the country, leaving only international processes.
The contentious Barro Blanco hydroelectric dam is set to begin operations within the next few weeks, defying both the relentless opposition by affected communities and the rejection last September by local indigenous authorities of a government proposed project completion agreement.
According to Roberto Meana, General Administrator of Panama’s National Authority for Public Services (ASEP), the 28-megawatt gravity dam in western Panama could begin operation within days once necessary tests are finalized. The reservoir’s waters have been rising since August of last year, gradually flooding Ngäbe communities and land.
“It can be in five days, or it can be two weeks, but the project is very close to entering its commercial operation,” Meana told Mongabay last Friday.
Controversy from the start
The hydroelectric project, partly funded by two European development banks, has been at the epicenter of a complex environmental and human rights battle that has raged on for nearly a decade between a handful of indigenous Ngäbe communities and successive Panamanian administrations.
In the last few months alone, the project was removed from the United Nations’ Clean Development Mechanism (UNCDM), a positive result for the indigenous communities; but has also had two pending legal pleas rejected by Panama’s Supreme Court in favor of the government — potentially opening the door for the forceful expulsion of the affected indigenous people from their lands.
The structurally complete dam on the Tabasará River is set to create a 258-hectare (1 square mile) reservoir within the province of Chiriqui. It will flood 6.7 hectares (16.5 acres) belonging to the Ngäbe-Buglé comarca — a semi-autonomous region located a few miles upstream of the dam.
The Barro Blanco Dam in the Province of Chiriqui, western Panama. The dam is complete and will begin operation within weeks, according to the government. The Ngäbe-Bugle have been opposed to the project since its inception. Photo by Camilo Mejia Giraldo
The imminent operational status of the project now raises serious questions over the future of the local riverside Ngäbe communities, which have continuously called for the dam’s cancellation since it was given the go ahead in 2007.
“If the government is going to start generating [electricity], then they are confirming the violation of our rights as an affected community,” Weny Bagama, a Ngäbe-Bugle General Congress delegate and a leader of the outspoken M10 (Movimiento 10 de Abril) group opposing the dam, told Mongabay.
“They are doing this even though [the Ngäbe-Bugle General] Congress rejected the past agreement,” she said referring to a now defunct accord to allow the dam’s full operation which was reached by the government and the Cacica (negotiators) of the Ngäbe-Bugle community in August 2016. That deal was in turn rejected by the community in September when the Cacica negotiators were ousted by the Ngäbe-Buglé General Congress, the comarca’s key decision-making body.
“The [General] Congress’ decision is the internal decision of the comarca, and if they don’t respect that, then evidently the government just does what it likes and does not respect the jurisdiction established by comarca law,” Bagama said.
According to Meana, however, the Ngäbe-Buglé General Congress’ decision to reject the agreement was not followed by submission of the proper paperwork to the government — a formal document outlining the community’s decision and the reasons for the dam’s rejection.
“To date, there is no document in which this agreement is rejected. The [Ngäbe-Bugle] Congress sent it to be revised. If the Congress had rejected it, they wouldn’t have set up a commission to review it,” Meana said referring to a commission created by the indigenous General Congress to formally analyze the conflict.
These conclusions were strongly opposed by Bagama, who stated that although the congress had not filed a legal rejection document, the congress and the special commission had yet to finalize their response.
“The commission was not named to revise the document but to analyze the conflict in its entirety,” she said. “They didn’t give us a time limit or date to present the [legal rejection] document, but the decision of the Congress needs to be free of pressure or conditions, because the comarca has its own procedures and according to our law we have to follow certain procedures.”
The Ngäbe-Bugle General Congress meets on September 15, 2016 to debate the Barro Blanco agreement. Photo Courtesy of Weny Bagama
The vote by the indigenous body last September appeared to place a cloud of uncertainty over the project, as it was thought by both parties that they would renew negotiations to reach a final agreement.
But even before the indigenous Congress’ rejection, the government allowed the dam’s construction company Generadora del Istmo S.A. (GENISA) to begin test flooding the dam’s reservoir in August, 2016 — a move opposed by the Ngäbe communities that have since lost homes and some of their most fertile land to the rising waters.
“As a community we feel that we are prisoners within our own homes, we can’t move around as we used to, the water levels have dropped slightly [due to the dry season], but all the surrounding land has just turned into mud,” Bagama explained.
“We live in a situation of constant threat because of this reservoir, with what the government has been doing and their economic interests, which are above our livelihoods as indigenous people,” she added.
Featured image: Francisca Ramírez. Photo: Jorge Torres / La Prensa
by Courtney Parker / Intercontinental Cry
For those who have not yet heard of Nicaraguan activist, Francisca Ramírez, that is about to change. The apolitical, movement-focused leader of the growing anti-canal mobilization in Nicaragua is not backing down from state intimidation tactics, and is – self -professed – ready to die for the cause.
Ramírez heads a civil society group in Nicaragua that opposes government plans to construct an increasingly notorious trans-oceanic canal, financed by the Chinese HKND Group. Ramírez has mobilized a unified movement of Indigenous Peoples and campesinos (small farmers) against massive government oversight on respecting their rights to free, prior and informed consent for the project, which will displace thousands of individuals from ancestral and family farming territories.
In an IPS article by José Adán Silva, Ramírez is described as an Indigenous farmer who grew up in Nueva Guinea, an agricultural municipality in the Autonomous Region of Caribe Sur. After surviving the U.S.-financed war against the Sandinistas in the 1980’s, Ramírez got married, became a farmer, and had five children.
A former child of war, Ramírez carved out a relatively happy and peaceful life in later years. She first heard of plans for the canal over a radio broadcast in 2013, and initially believed government claims that the megaproject would lift her country out of poverty. “They said that we were no longer going to be poor”, she told IPS.
Then one day, a group of public officials accompanied by military and national police, as well as a delegation of Chinese business interests, arrived in her community and told them, “The route of the canal runs through your property and all of you will be resettled.”
It was at this point her journey of resistance began.
Ramírez is not involved in any other political causes other than the canal movement. The main goal of her organization, the Consejo por la Defensa de la Tierra, Lago Soberania (Council for the Defense of the Land, the Lake and Sovereignty) is to repeal Nicaraguan Law 840, passed in 2013. The collective opposition to the government project has set their sights on this statute because it grants a 100-year concession to the Chinese financers for all land subject to the proposed canal route.
Because of her outspoken activism and leadership, Ramírez has been on the receiving end of various intimidation tactics, including: harassment, intimidation, arbitrary detainment, and even violent attacks on her family members.
Ramírez met with Berta Cáceres in August of 2015 during a forum on the defense of natural resources. Approximately one hundred women met in Juigalpa, Chontales for the meeting during which Ramírez recalls Cáceres speaking with them about her own journey in the struggle for Indigenous rights and environmental justice against the mining industry. Cáceres also shared with the women her experiences of intimidation by government and private interests.
Inspired by Cáceres’s story, Ramírez told Nicaraguan media outlet, Confidencial:
“I thought about all the suffering we had to go through in the struggle for our rights against the transnational companies and powerful economic groups that always try to run ragged over the rights of the poor and those of limited resources in the country.”
Ramírez came to believe [development projects] inflicting damage to the earth is a way of eradicating Indigenous and campesino peoples’ right to live in peace. After Cáceres’s alarming and untimely death in 2016, Ramírez joined a march in her honor in the capital city of Managua.
Photo: confidencial.com.ni
Amnesty International has been monitoring the targeting of Ramírez by Nicaraguan state officials. In a publication on her struggle, the human rights watchdog group took special note of the intersectional threat facing women human rights defenders in Latin America, citing that:
“Women human rights defenders are often at risk of violence and experience intersecting forms of discrimination. Particularly in Latin America, as highlighted by the UN Special Rapporteur on the situation of human rights defenders, women defenders are among the most threatened owing to the nature of their human rights work and to their gender.”
Recently, the European Parliament joined the momentum of international solidarity with Ramírez’s struggle and urged Nicaraguan state officials to strengthen protections for human rights activists, and to desist in the harassment and intimidation tactics aimed at opponents of the transoceanic canal. The EU resolution produced a long list of escalating violations of human rights, civil liberties, and democracy in Nicaragua, and specifically demanded compliance with international statutes on Indigenous rights.
Also specifically mentioned in the joint motion, was Ramírez, in regards to her leadership of the mobilization against the environmentally catastrophic canal. The joint motion disavowed her detainment and intimidation after she attempted to file a complaint about attacks against her and her family, urging “the government to refrain from harassing and using acts of reprisal against Francisca Ramírez and other human rights defenders for carrying out their legitimate work.” The official EU document also publicly issues, “calls on the Nicaraguan authorities to end the impunity of perpetrators of crimes against human rights defenders”; asserts that it “supports the right of environmental and human rights defenders to express their protest without retaliation”; and, also formally, “calls on Nicaragua to effectively launch an independent environmental impact assessment before engaging in further steps [on the proposed canal] and to make the whole process public.”
In a statement to Nicaraguan independent media outlet, La Prensa, Ramírez relayed that President Daniel Ortega dispatched the former political secretary of the FSLN in New Guinea, Alcides Altamirano, to try and convince her to meet with the government for private talks on behalf of the anti-canal movement.
Ramírez affirmed in her public statement that the movement is willing and open to dialogue, but not behind closed doors, “because we do nothing hidden.” She confirmed such discussions are good when they are open and transparent, and doubled down on their central demand that the government repeal the 25 articles of Law 840.
Indigenous communities across Guatemala have brought the country to a standstill for the second day in a row. Blockading major crossroads and highways, the nationwide peaceful demonstrations are protesting against the Guatemalan congress’s rejection of a constitutional reform that would legally recognize indigenous justice as part of the country’s judicial system.
An estimated 60 percent, or more than 6 million inhabitants, make up Guatemala’s population (IWGIA). Yet indigenous systems of justice, wherein local authorities rule on community issues, have been looked down upon by a country that continues to hugely discriminate against its majority indigenous population. The reforms face opposition from conservatives and major businesses that control most of Guatemala’s land and economy. Although many of these business interests campaigned against the reforms under the guise of fearing “legal confusion,” indigenous activists and leaders at the protests describe the opposition as deriving from a fear of losing any of their elite power to those who have been oppressed and exploited for centuries–Indigenous Peoples.
Photo: Anna Watts
At Los Encuentros, one of the most important crossroads between major cities located along the Pan-American Highway, thousands of indigenous people of the Sololá region gathered to participate in the blockades. Carrying handmade signs and led by their respective indigenous leaders, community groups unloaded from packed cargo trucks and chicken buses, carrying ready-made lunches to last through a full day of protesting.
By 8:30 AM, every tienda, comedor, and tortilla stand had been closed down and locked up, a rare sight for the ever-bustling highway hub. The majority indigenous city of Sololá was deserted; not a car in sight nor shop windows open. Pick-up trucks and makeshift blockades of boulders and large tree branches cut off traffic between smaller communities surrounding Lake Atitlán.
Protesters organized and coordinated solely by means of meetings and phone calls between indigenous community leaders. Use of Internet or social media to communicate and gain protest support was entirely avoided out of fear of vulnerability and tracking by police and those opposing the reforms. This distrust was reflected in weak media coverage of the protests; in spite of the thousand plus standing in solidarity at Los Encuentros, only one reporter from a local agency showed up with a small video camera.
Featured image: Tuahka Indigenous Territorial Government Prosecutor, Camilo Frank López, was confirmed dead from a gunshot wound to the head on Wednesday evening. (Photo: Gilberto Ariel Artola; permission to use from Jose Garth Medina of La Presna)
The climate of violence endemic to the ongoing resource wars, illegal occupation, violent siege, and politically motivated land grabs of Nicaragua’s North Caribbean Autonomous Region, iscontinuing to escalate.
On Wednesday evening, January 25, the death of a well-known Tuahka Indigenous leader was confirmed – Camilo Frank López was shot in the forehead and killed while leaving a local bar with his cousin. López was the current Tuahka Indigenous Territorial Government Prosecutor.
López’s first cousin, Eloy Frank, who was the Deputy Foreign Minister Secretary for Indigenous Affairs of the Presidency, also suffered an injury to his arm in the attack.
The killing took place in an area known as the ‘Mining Triangle’.
Nicaragua is often lauded for its low crime rates compared to more systemic cultures of violence found in Central American nations such as Honduras, El Salvador, and Guatemala. However, the region where this latest killing took place, largely known as La Muskitia, has been host to intensifying violent conflict as the legal territories of Indigenous Peoples, such as the Mayagna and the Miskitu, are encroached upon by Mestizo settlers from the interior and Atlantic regions of Nicaragua.
Many claim the illegal settlers are affiliated with the ruling Sandinista political party, who have much to gain economically from seizing and exploiting the resource rich region. Estimates have held that around 85% of Nicaragua’s intact natural resource preserves are contained there; and thanks to ongoing Indigenous stewardship, much of the biodiversity is currently preserved and remains intact.
The binational Indigenous nation of Muskitia, which extends into Honduras, is also home to the second largest tropical rainforest in the western hemisphere – second only the Amazon in size and commonly referred to as “the lungs of Central America”– and many endangered species of animals.
On November 1, 2016, the Constitutional Chamber of Costa Rica’s Supreme Court provided some good news to a Terraba (Teribe) Indigenous territory when it stopped the state-run Costa Rica Electricity Institute (ICE by its Spanish acronym) from going forward with the Diquis hydroelectric project for failing to consult Indigenous communities who would see part of their lands flooded.
The permit, issued in 2007 under former President Oscar Arias, had declared the dam to be located at the mouth of the General River Valley in the southern Pacific and part of the country of “national interest.”
The court ruling did not question the “national interest” part of the permit, but said ICE had failed to comply with a previous high court order to adequately consult the Indigenous communities. The project has been stalled since 2011 over the Indigenous consultation issue.
The 650 megawatt hydroelectric project was to be the largest such project in Central America. The project’s reservoir would occupy 7363 hectares of land, 830 hectares of which are Indigenous territories, and displace over 1547 people.
The project would also flood 10 percent of the Terraba (also known as Teribe) China Kichá Indigenous territory (104 hectares) and 8 percent of another Terraba communities of Curré and Boruca (726 hectares). Officials estimate that 200 sacred Indigenous sites would be destroyed by the reservoir.
Some see the development as very positive. The $2.5 billion project would provide employment in the region to 3,500 people. The Diquis project would increase that renewable energy capacity and also allow Costa Rica to sell energy to neighboring Central American countries. Costa Ricans are proud of their electrical energy system which provides energy mostly from renewable resources. In 2016, the country went most of the year without resorting to using oil-fired thermal generators. But sometimes even renewable energy has high cost, especially when it comes to hydro-electric dams.
The high court ruling referred to Article 8 of the Arias Administration decree which would have allowed ICE to gather materials for the dam, power station, and connected works in locales in the areas of El General, Buenos Aires, Changuena and Cabagra, despite the fact that Indigenous people live in the areas.
According to the Constitutional Chamber’s press office, the annulled article was challenged previously in September of 2011, when the court determined that the decree was constitutional just as long as the Indigenous communities were consulted within a period of six months from the notification of the ruling.
However, early the next year, the court ruled that the six months established by the Court had passed and the consultation had not been made. “The Constitutional Chamber has demonstrated that, in fact, in the space of time established in the 2011-12975 ruling, the referred to consultation was not made nor did any party come to this Chamber request an extension of the time limit granted. Therefore, since the condition dictated in ruling 2011-12975 have not been met, the Article 8 of the No. 34312-MP-MINAE executive decree is unconstitutional because the consultation failed to occur,” said the press office.
The Terraba say they are not interested in the offers made so far to relocate their communities to other lands and provide them with well-paid jobs. “We don’t believe in the promises of employment for Indigenous Peoples, as up until today it had been demonstrated that all the qualified and best paid personnel have been brought from outside, Indigenous workers are used only to break rocks,” said community leader Jehry Rivera.
For Indigenous people, ICE offers are only opportunism. Indigenous Peoples want better lands and compensation in order to agree for the project to go forward.
The Court said that the consultation of Indigenous communities under Costa Rican law was necessary since the project is located in areas declared as an Indigenous reserve, “In fact, Costa Rica could be in violation of not complying with international conventions in relation to the autonomy of Indigenous Peoples over their territory. Costa Rica is a signatory of the International Labor Organization’s Convention on Indigenous and Tribal People.”
Indigenous Peoples are not the only ones opposed to the project. Environmentalists say that the dam’s reservoir would dry up the intensely green Térraba River Valley and would destroy irreplaceable habitats such as the Ramsar wetland and the river delta that drains into the Pacific. The wetlands and delta are the nesting grounds for many species including the endangered hump-back whale.
–John McPhaul is a Costa Rican-American freelance writer based in San Juan, Puerto Rico. During his many years in Costa Rica, the land of his birth, he wrote for the Miami Herald, Time Magazine and Costa Rica’s The Tico Times among other publications.
