Summary.
The bill amends Article 100 of Law 41 of 1998, the General Environmental Law (Ley 41 de 1998, General de Ambiente), to grant Indigenous comarcas or peoples an economic share of benefits derived, or potentially derived, from natural resource use in their territories. The proposed entitlement is tied to the territory where the activities take place and covers benefits already generated as well as those that may arise.
To implement the share, the Ministry of Environment (Ministerio de Ambiente) and the National System of Protected Areas (Sistema Nacional de Áreas Protegidas) would include the percentage due to the comarca or Indigenous people in regulations governing fees charged for natural resource use on their lands and for management concessions in protected areas. That percentage would leave unaffected the revenue allocated to the Ministry of Environment under the General Budget Law. Before setting the percentage, the Ministry would consult the relevant Indigenous community and the other public or private entities involved. The amended provision would operate without prejudice to special rules governing particular protected areas.
Proposed Article 100-A provides for the economic share to be deposited in a bank account called the Fund to Support Indigenous Peoples (Fondo de Apoyo a los Pueblos Indígenas), held in custody by the Vice Ministry of Indigenous Affairs (Viceministerio de Asuntos Indígenas). The Vice Ministry and the political authority of the relevant comarca or Indigenous people would administer the account. Its resources would fund projects and works within the territory under that authority’s jurisdiction concerning public and social services, infrastructure, social and economic development, education, culture, health, sports and recreation. Those authorities would regulate disbursements from the fund and the planning, community consultation and implementation of its projects.
A transitional provision gives the Ministry of Environment a period of one year from promulgation to update its tariff regulations. Before issuing the regulation, the Ministry would communicate the update process to the political authority of the benefiting comarca or Indigenous people so it can submit observations. The Ministry would then notify that authority once the regulation has been issued. The bill describes the changes as an amendment to Article 100 and an addition of Article 100-A to the consolidated text of Law 41 of 1998 of the Republic of Panama (República de Panamá). That consolidated text includes amendments approved by Law 18 of 2003, Law 44 of 2006, Law 65 of 2010 and Law 8 of 2015. The bill provides that the proposed law would take effect upon promulgation.
The proposal concerns the Ministry of Environment, the National System of Protected Areas and the Vice Ministry of Indigenous Affairs, together with Indigenous authorities and communities. It could also be relevant to natural resource users, holders or administrators of management concessions in protected areas, and sectors involved in the works and services eligible for funding from the account.
What it proposes.
- Indigenous economic participation in natural resource use.
- Fees and management concessions in protected areas.
- Custody, administration and permitted uses of a territorial project fund.
- Consultation and revision of tariff regulations.
Who it would affect.
- Indigenous comarcas and peoples whose territories are used for natural resource activities.
- Ministry of Environment and National System of Protected Areas.
- Vice Ministry of Indigenous Affairs and Indigenous political authorities.
- Public or private entities involved in setting the percentage.
Key points.
- Grants Indigenous comarcas or peoples an economic share of benefits derived, or potentially derived, from natural resource use in their territories.Art. 1
- Incorporates the participation percentage into resource use fees and protected area management concessions while preserving the specified budget revenue of the Ministry of Environment.Art. 1
- Requires prior consultation with the relevant Indigenous community and other involved entities before the percentage is set.Art. 1
- Requires the share to be deposited in the Fund to Support Indigenous Peoples, held in custody by the Vice Ministry of Indigenous Affairs.Art. 2
- Assigns account administration to the Vice Ministry and the relevant Indigenous political authority, with resources directed to projects and works in its territory.Art. 2
- Requires both authorities to regulate disbursements, planning, community consultation and project implementation.Art. 2
- Identifies the amendment of Article 100 and addition of Article 100-A to the consolidated text of Law 41 of 1998.Art. 4
- Provides that the proposed law would take effect upon promulgation.Art. 5