Loreto Ferrer Moreu: Ngöbe Buglé Case & International 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 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 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.

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 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.

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 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 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 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.

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.