Analyzing Ngöbe Buglé: Loreto Ferrer Moreu’s Approach

Infrastructure projects often raise complex debates when they affect indigenous communities, especially regarding issues related to territory, prior consultation, and the protection of collective rights. In Latin America, one of the cases that garnered particular attention was that of the Ngöbe Buglé communities in Panama, affected by the construction of the Chan 75 dam.

Loreto Ferrer was part of the team of experts that participated in a verification mission organized by the Foundation of the General Council of Spanish Lawyers (FCGAE). The fieldwork carried out made it possible to document the situation of the communities and prepare a legal and technical report on the project’s impacts, with special attention to its potential progression before inter-American human rights bodies.

The assessment mission in Panama

The mission occurred from January 25 to 30, 2011, bringing together lawyers with expertise in human rights. Its aim was to assess firsthand the conditions faced by communities impacted by the dam’s construction and to contrast institutional reports with the population’s direct accounts. To accomplish this, the team met with authorities, representatives of the company responsible for the project, international organizations, and the Ombudsman’s Office, before heading to Changuinola, in the province of Bocas del Toro, to inspect the affected zones.

During the visit, the team toured communities such as Charco de la Pava and Valle del Rey, as well as resettlement areas and spaces already altered by the construction work. Direct contact with families and community leaders was a central part of the work, as it provided firsthand insight into the level of tension, vulnerability, and displacement that many people had been experiencing since the project’s inception.

The main themes of the report on Chan 75

The examination was framed around five core domains: the entitlement to consultation along with free, prior, and informed consent; the evaluation of risks and the project’s social repercussions; territorial restitution or corresponding compensation; avenues for reparation; and the involvement of communities in decisions and in the advantages generated by hydroelectric initiatives. These foundations made it possible to analyze the case in a holistic manner, weaving together both national and international legal standards with the conditions documented in the field.

According to Loreto Ferrer, the report was designed to lay out a well-documented legal foundation intended to assist both the impacted communities and the institutions involved. Its purpose went beyond raising theoretical objections to the project; it sought to determine whether the actions of state authorities and corporations had upheld the essential rights of indigenous peoples, including collective land ownership, participation, cultural and personal integrity, and the requirement of prior consultation.

Key Findings on the Rights of the Ngöbe Buglé Communities

Among the most relevant conclusions, the report highlights an initial failure to recognize rights, particularly regarding the legal status of the communities and the collective ownership of their lands. This gap allowed the project to proceed without adequate consultation processes or sufficient studies on its social and cultural impact.

Testimonies were also collected regarding intimidation, excessive use of force, arbitrary detentions, and negotiation processes that did not guarantee a free decision by the affected families. Added to this were problems in the resettlement areas, where deficiencies were identified regarding the size and quality of the land, agricultural possibilities, and the suitability of the housing for Ngöbe culture.

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 potential path through international bodies

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 type of process requires rigorous documentation, technical analysis, and the ability to interpret both the local context and applicable international standards. Therefore, rather than a one-off intervention, the fieldwork and the preparation of the report are part of an approach to international cooperation based on evidence, legal analysis, and an understanding of complex social realities.

A Specific Case Within a Broader Context

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.

Viewed collectively, the Ngöbe Buglé case and the analysis of Chan 75 show that technical teams can substantially influence how disputes involving land, indigenous peoples, development projects, and international institutions are evaluated.