Indigenous peoples of Panama: on a collision course.

Located in peripheral areas, indigenous peoples were relegated and excluded from the economic dynamics of trans-isthmus axis. The marginalization and neglect go hand in hand with a considerable degree of autonomy tolerated by the political and economic class, and finally legitimized with county laws. The expansion of Panama's economy led to a reappraisal of these marginal areas. Its natural resources were valued in terms of mining projects, forestry, hydropower, tourism and agricultural products. The counties became the last frontier of the modern economy. Its inhabitants, mired in illiteracy and unskilled labour have not been part of large investment projects. Between 1997 and 2003 poverty in indigenous areas increased from 95.4% to 98.4%.

The collision was foreseeable (See "CIDH requests the Government to protect the Naso"). Traditional authorities were prepared to confront what they regarded as a new threat to their rights, cultural identity, governance and land ownership. Even programs and projects and government programs were met with distrust, sparsely participatory methods, invasive and non-transparent with who were executed. The perception of indigenous communities is that millions of dollars have been squandered on government a project that has benefited nothing.

The Naso People the weakest link.

The Naso People have tried unsuccessfully that the National Assembly passes the Act whereby establishing Naso Tjër Di region which would be segregated from the District of Changuinola, Bocas del Toro, with a total area of 160, 616, 70 hectares of which 125.141 hectares belong to the La Amistad International Park and 21.722 to the Palo Seco Protected Forest (both protected areas).

In 2005 began in the Indigenous Affairs Commission of the Assembly's first debate on the draft constitution Act No. 19 of Naso Tjër Di region being approved by this body on 21 April 2005. Following the procedures imposed by the President of the Commission presented the report to the plenary of the Assembly to conclude its insertion into the legislative agenda of the Assembly.

People's Government System Naso

Traditional Authority

The traditional political and administrative organization consists of a hereditary monarchy (only in America), supported by a General Council as an advisory body of leaders and decision makers. There are two levels of organization: the first and most traditional regards the territory as a whole (King) and the second at the community level (Assembly) [v].

Official authorities

As yet no legally establishing Naso Tjër Di region, the Government decided to establish the township of Teribe, part of the District of Changuinola, Bocas del Toro, which has created confusion and conflict for lack of understanding between the functions of authority the King in Council and the functions of a municipal representative.

Land Ownership

The land is owned by the individual or family (like family). The way to acquire the possessory right is done in three ways: permission of the King, inheritance and purchase. The application to acquire the right of the virgin forest, without property is managed with the Regidor and King [vi]. However, the Bill for the creation of Naso Tjër Di region states in article 3 that the lands are owned by the Panamanian State, given collectively to the people Naso Tjër Di region, who managed and enjoyed. This wording has been objected to by the leaders Naso.

Natural Resources Conservation

In the explanatory memorandum associated additional arguments to the importance of recognizing the right of the group to their traditional territory Naso, also noted the contribution the production system of the Naso people to make environmental conservation and safeguards maintenance of protected areas.

Art. 22 of the Bill provides that the exploitation of natural resources Naso Tjër Di region, can not be done so that threaten or endanger the culture, biodiversity, survival and social peace of the Naso people.

Towards a new relationship between Indigenous Peoples and the State of Panama

It is urgently necessary to complete the process of creating the Naso Tjër Di region, step so that people have full control over the territory.

It requires consistent actions to help improve relations between Indigenous Peoples and the Panamanian state, within a framework of mutual respect and constructive cooperation. This involves releasing the government's presence in indigenous regions; corruption has deteriorated so much confidence. It is necessary to strengthen governance structures, cultural identity and rights of Indigenous Peoples.

In short, the new relationship between the State of Panama and Indigenous Peoples should be based on: (a) recognition and respect of their Congresses Comarcales and traditional authorities as legitimate partners of their people, (b) a horizontal distance of the vertical structure prevalent, and (c) strengthening technical and institutional capacities of the district Congress and indigenous communities to participate, as implementing partners in the business of designing, implementing, monitoring and evaluation of public and private investments permitted by the native populations.

It requires taking into account the lessons learned nationally and internationally in creating spaces for dialogue and consultation.