SAIIC Communique - Panama

(no name) ((no email))
Tue, 31 Oct 1995 17:45:09 -0800


Information provided to SAIIC by Lisa Johnson, who resides in Panama, on
behalf of Carlos Ortiga, Cacique of the Kuna, the most numerous indigenous
group in Panama.

PLEASE HELP THE INDIGENOUS PEOPLES IN PANAMA TO SAVE THEIR LAND

The General Congress of the Ngobe-Bugle tribe, an indigenous population in
Western Panama, is calling for a moratorium on all mining exploitation
projects that to be realized within traditional tribal lands until the
government of Panama recognizes and defines the area as an official
reservation and recognizes the tribal governments authority over the area.
To do otherwise the tribe says "would be a public declaration to extinguish
the Ngobe Bugle population "

In the resolution crafted at the 7th General Congress of the Ngobe Bugle
Government in Kuerima, San Felix Chiriqui, the 6th through the 10th of
March 1995, it is stated that despite the Ngobe -Bugle nation's constant
requests of the Panamanian government to recognize their reservation, the
government has continued to give concessions and contracts to mining
companies, both national and international, to conduct explorations for
gold and copper.

These contracts, made without prior consultation with the indigenous
government, threaten the indigenous and campesino populations of the
surrounding areas, culturally as well as economically, by endangering their
agricultural systems and rural economy. Current mining regulations do not
take the local population into account when planning nor when distributing
the economic benefits of a mine. The mining regulations are totally
inadequate for controlling ecological or cultural damage brought on by
mining.

Finally, the resolution asks the Panamanian government to remember the
promise made in the 169 convention of the International Work Organization
where they recognized the inheritance of indigenous peoples and to consult
with those interested before allowing mining.

The following resolution was made in response to 100 recently made mining
exploration contracts which are located within the disputed territories. A
recent protest and subsequent arrest of 7 indigenous peoples in the area of
Cerro Pelado highlights the situation. As related by Anna Acosta, the only
woman arrested for her participation in the non-violent demonstration, the
GEO Tec mining company from Canada had begun exploratory drilling in the
community of Cerro Pelado, an indigenous community located in the south of
the Province of Veraguas. The leaders of the community had called for
several meetings with government officials to discuss their fear of the
mining operation, but officials did not respond to their request. Finally,
they barricaded the road leading to the mining exploration site to all mine
workers. Local police were called in, and at the end of the protest 7
indigenous were arrested and held without charges for 5 days.

The Ngobe-Bugle General Congress is asking other indigenous peoples,
non-indigenous individuals, and human rights groups and organizations to
support their nation in regaining control over their lands and natural
resources.

LETTERS OF SUPPORT SHOULD BE SENT TO:

Victor Guerra
Hogar Guaimi, Entrega General
Santiago, Veraguas
Republica de Panama.

Resolution # 4

VII Ngobe-Bugle General Congress, Kuerima, San Felix District, Chiriqui
Province, Republic of Panama

March 6-10, 1995

Reaffirming that indigenous populations are born free and equal in dignity
and rights conforming with the existing international norms, and to be
considered different culturally and have to be treated as such the VII
Ngobe Bugle General Congress adopts the following resolution.

ON THE MINES

CONSIDERING:

1 - That the Ngobe-Bugle and Campesino nation has for many years asked for
the recognition and delineation of their reservation, which is made up of
the territory currently inhabited and distributed in three regions of the
provinces
of Bocas Del Toro, Veraguas and Chiriqui.

2 - That in recent years the national government has been giving
concessions contracts for mineral explorations ( gold and copper) in parts
of this territory claimed by the Ngobe - Bugle tribe.

3 - That these commissions for mining explorations now cover almost all of
the lands claimed as the reservation by our indigenous nation.

4- That the national government has promised these mining concessions to
national and international companies without our consultation or previous
negotiations of the exploitation of these recourses which are located in
the Ngobe-Bugle territories.

5- That the mining companies have demonstrated an apparent interest in
consulting with the Ngobe-Bugle government about their activities, after
gaining the land concessions in the reservation.

6 - That the mining companies in practice have promoted agreements and
partial contracts with people and groups of the Ngobe-Bugle communities
against the 1980 and 1992 resolutions of the General Congress and the
Universal Human Rights Declaration of the United Nations.

7- That the proliferation of mining companies in the Ngobe-Bugle territory
has caused unrest, concern and fear in the indigenous communities because
of mining's negative impact on the environment and humans that are caused
in it's exploitation phase.

8- That in Panama there does not exist laws and mechanisms which control
the negative ecological social and human impacts of the mining activities.

9 - That the law of mineral resources is obsolete; it excludes and doesn't
recognize traditional law, discriminates against the Ngobe-Bugle peoples in
decisions, concessions and planning of the economic benefits of the mining
development projects.

10 - That currently the state seems ready to give the reservation's and
country's natural riches to companies and businesses without guaranteeing a
real benefit and without respecting the patrimonial rights which the Ngobe
Bugle nation has over their resources.

11 - That the current national government promised to ratify convention 169
of the International Work Organization in their electoral campaign, which
establishes laws which recognize the patrimony of indigenous nations over
their resources and the previous consultation with those interested before
mining explorations.

12 - That Ernesto Perez Balladares's government has promised to make the
reservation a reality.

RESOLVED:

1 - To ratify the 1980 and 1992 resolutions which concern the natural
resources exploitation projects which state: a) To reclaim the Ngobe-Bugle
nation's patrimony over their Natural Resources. b) That all mining
exploration projects be suspended as long as the reservation is not
defined. To do otherwise would imply an act of ethnocide against the Ngobe-
Bugle nation.

2- To urgently demand the reservation legislation from the Ernesto Perez
Balladares Government, legislation which gives the right to patrimony and
benefits of natural resources to our indigenous nation.

3- To ask that Convention 169 of the International Work Organization be
ratified by the national government.

4- To create a special commission to:

a) Research and analyze all mining exploration and exploitation in Ngobe
Bugle lands.

b) Protect, keep watch, defend and figure out how much the natural
resources in the reservation are worth.

c) Create environmental studies of the mining activities within the
reservation.

d) Propose formulas which make fundamental the aspect of
environmental security.

e) Advise the Ngobe-Bugle General congress directive about mining
activities.

f) Educate Ngobe-Bugle community members and campesinos so that they
don't contribute or collaborate with businesses interested in exploiting
mines with in the reservation.

g) Converse with companies and public institutions involved in the
mining activities in order to handle this situation. h) Keep the Directive
informed of their work.

5- Denounce in national and international forums the proliferation of
mining activities by national and international firms, which threaten the
survival of the Ngobe-Bugle nation as an indigenous nation.

6 - Insist from the national government the adoption and effective
application of the international norms related to indigenous nations.

7 - Recommend that the permanent commissions of the Legislative Assembly
take this resolution into consideration and create initiatives which search
for solution to the problems written in it.

8 - Solicit support and solidarity for the Ngobe-Bugle cause from national
and international human rights organizations.

Given in Kuerima the ninth of March, 1995.

President of the VII Ngobe-Secretary of the General Congress Bugle General
Congress

MINING COMMISSION MEMBERS

CHIRIQUI:
1. GabrielaCaballero
2. Jorge Montezuma
3. Alejandro Cuevas
4. Calixto Bejerano

BOCAS DEL TORO:
1. Yony Bonilla
2. Bernardo Jaen
3. Ismael Palacio
4. Florentino Pineda

VERAGUA
1. Juan Guerra
2. Antonio Acosta

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