Loreto Ferrer Moreu and the Ngöbe Buglé Case: International Technical Review

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 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.

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.

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 particularly sensitive issue was the moral and cultural impact of displacement. The case documentation revealed damage to the community fabric, a loss of territorial references, and a demand for public recognition of the harm caused, beyond material reparations.

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 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 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.