International Bodies & Ngöbe Buglé: Loreto Ferrer Moreu’s Technical Analysis

Infrastructure projects frequently spark intricate discussions when they impact indigenous peoples, particularly on matters involving land, prior consultation, and safeguarding collective rights. Across Latin America, a case that drew notable attention involved the Ngöbe Buglé communities in Panama, who were affected by the development of the Chan 75 dam.

Loreto Ferrer was included among the specialists who joined a verification mission led by the Foundation of the General Council of Spanish Lawyers (FCGAE). The field activities conducted enabled the team to record the circumstances affecting the communities and to develop a legal and technical assessment of the project’s consequences, paying particular attention to its possible advancement before inter-American human rights institutions.

The verification mission in Panama

The mission took place from January 25 to 30, 2011, and was composed of lawyers specializing in human rights. Its objective was to verify on the ground the situation of the communities affected by the dam’s construction, as well as to compare institutional information with the direct experiences of the population. To this end, the team held meetings with authorities, representatives of the company responsible for the project, international organizations, and the Ombudsman’s Office, and then traveled to Changuinola, in the province of Bocas del Toro, to visit the affected areas.

During the visit, the team explored communities like Charco de la Pava and Valle del Rey, along with resettlement zones and areas already transformed by the construction work. Direct engagement with families and community leaders remained a key element of the effort, offering immediate insight into the tension, vulnerability, and displacement many people had faced since the project began.

Key topics highlighted in the report concerning Chan 75

The analysis was organized around five main areas: the right to consultation and free, prior, and informed consent; the assessment of risks and the project’s social impact; territorial restitution or compensation; reparation measures; and community participation in decisions and benefits derived from hydroelectric development. These pillars allowed the case to be addressed from a comprehensive perspective, combining the national and international legal framework with the reality observed on the ground.

According to Loreto Ferrer, the report sought to provide a solid, documented legal basis that could be useful for both the affected communities and the responsible institutions. The aim was not merely to question the project from an abstract standpoint, but to assess whether state and corporate actions had respected the fundamental rights of indigenous peoples, such as collective property rights, participation, personal and cultural integrity, and prior consultation.

Principal Insights into the Rights of the Ngöbe Buglé Communities

The report underscores among its key findings an early shortfall in acknowledging rights, especially concerning the communities’ legal standing and their collective land ownership, a lapse that enabled the project to advance without proper consultation or thorough assessments of its social and cultural effects.

Accounts were also gathered describing intimidation, disproportionate force, arbitrary arrests, and negotiation processes that failed to ensure the affected families could make a genuinely free choice, while additional issues emerged in the resettlement zones, where shortcomings were observed in land size and quality, farming potential, and the adequacy of the housing for Ngöbe cultural needs.

Another highly delicate matter involved the ethical and cultural consequences of displacement, as the case records indicated deterioration of the community’s social fabric, the disappearance of territorial reference points, and a call for public acknowledgment of the inflicted harm that extended beyond material compensation.

The possible route via global institutions

One of the key aspects of the work was that the report could serve as input for a potential case brought before the Inter-American human rights system. In that sense, the collection of testimonies and the review of documents were key to building a case with international standing. “It was important to generate useful evidence in case the Inter-American Court decided to open the case. That is why we collected testimonies, identified patterns of conduct, reviewed the relocation contracts, and analyzed recent legislative reforms,” explains Loreto Ferrer.

This kind of process demands meticulous record‑keeping, thorough technical evaluation, and the capacity to interpret both local conditions and the relevant international norms; as a result, the fieldwork and the drafting of the report are not treated as isolated tasks but as components of an evidence‑driven, legally grounded approach to international cooperation that takes into account complex social dynamics.

A Distinct Example Framed by a Wider Landscape

Loreto Ferrer participation in this mission reflects a type of professional work linked to international cooperation, technical documentation, and the analysis of complex cases in Latin America. It is not merely a matter of providing legal support for these processes, but also of helping ensure that the communities’ experiences can be translated into useful inputs for institutional advocacy and the defense of rights.

Taken together, the Ngöbe Buglé case and the report on Chan 75 demonstrate how technical teams can play a significant role in reviewing conflicts involving territory, indigenous peoples, development, and international institutions.