Court rejects Barro Blanco human rights appeal

PANAMA’S Supreme Court has rejected a demand for protection of human rights by the chieftain of ethnic Ngäbe Bugle Silvia Carrera against the decision of the former National Environmental Authority, now the Ministry of Environment which approved the environmental impact study of the Barro Blanco hydroelectric project..
The demand had raised the existence of technical deficiencies and irregularities in the environmental impact study which represent serious violations of human rights of access to water, freedom to practice religion by the Ngäbe people and direct violation of the principle of prior informed consent against projects that affect their quality of life.
In a ruling dated July 28 by Judge Nelly Cedeno de Paredes, the Chamber decided not to admit the appeal filed by Carrera with the argument that it did not meet the requirements necessary for its proper handling.
According to the ruling, Carrera had to request the annulment of the environmental impact study to the Ministry of Environment and should not achieve its mission appeal to the Third Chamber of the Court; that is, it did not exhaust administrative remedies.
The ruling also states that the resource is argued that the decision by which the environmental impact study was approved violated articles of the Constitution, in violation of the administrative law, as cited and demand based on constitutional provisions on the violation of which can only express the full Court.
According to Cedeño de Paredes, these aspects prevent the lawsuit filed by Carrera being investigated by the Third Chamber.