36
139.
During the processing before the IACHR, the petitioners repeatedly asserted that the
State was granting property titles to non-indigenous persons on the lands claimed by those Emberá
communities of Bayano. The State, for its part, did not reject that statement nor did it present information
that would allow one to controvert it. To the contrary, there is information in the record before the IACHR
that indicates that on January 26, 2009, a private person asked the National Bureau of Agrarian Reform
to individually adjudicate, with consideration, a part of the land claimed by the Emberá community of
172
Piriatí, situated in the locality of Quebrada Cali; that institution that did not reject the request.
In
response, on September 8, 2009, authorities of that community filed an opposition brief with the National
th
Bureau of Agrarian Reform, which was forwarded to the 15 Circuit Court for Civil Matters of the First
Judicial Circuit. In the process, a motion of appeal was filed, which is pending before the First Superior
173
Court.
140.
The IACHR observes that through various acts the State undertook to suspend the
recognition and adjudication of possessory rights requested by third persons. In this respect, it notes that
in said Agreement of Action and Decision of November 18, 2011, the indigenous authorities request “that
recognition of the Possessory Rights that are being requested by indigenous and non-indigenous persons
from elsewhere be suspended.” Along these lines, at point 3 the General Administrator of ANATI stated
“that as of this moment it will suspend the recognition and adjudication of possessory rights within the
174
polygons that take in the collective lands requested by the people through their traditional authorities.”
The IACHR also notes that at the third point of the “Agreement of Piriatí Emberá,” of February 8, 2012,
signed by state authorities, it is noted: “That despite the requests for adjudication of collective titles by the
Emberá and Wounaan communities, the lands considered for titling are invaded by settlers or persons not
authorized to do so, adducing possessory rights recognized by the municipal authorities of the provinces
175
of Darién and Panamá.” In view of the foregoing situation, the ANATI issued resolutions to suspend the
processing of requests for adjudication of private titles in the areas claimed by the Emberá communities
176
of Bayano. In view of the information available to it, the IACHR considers as proven that property title
has been granted to persons on lands claimed by the Emberá communities of Ipetí and Piriatí.
D.
Administrative and judicial actions taken by the Kuna and Emberá indigenous
peoples to protect their lands and to secure payment of the compensation due for
the loss of their ancestral territories
141.
Throughout the process of claims described above, the Kuna indigenous people of
Madungandí and the Emberá of Bayano directed, through their traditional authorities and/or legal
representatives, many communications to authorities at the national, provincial, and local levels; and they
filed numerous administrative and criminal actions with the objective of obtaining legal recognition of their
territories, securing the payment of the compensation owed, and achieving the effective protection of their
territories in the face of the invasion of non-indigenous persons and the harm caused by them to their
natural resources.
172
Annex 48. Application submitted to the National Bureau of Agrarian Reform. Petitioners’ brief of May 16, 2012,
received by the IACHR the same day.
173
Annex 49. Official Note No. 824 of March 23, 2012, by which the 15 th Circuit Court for Civil Matters of the First Judicial
Circuit referred Case file 2010-5622. Petitioners’ brief of May 16, 2012, received by the IACHR the same day.
174
Annex 46. Agreement of Action and Decision – ANATI/MINGOB/Pueblo de Tierras Colectivas Emberá y Wounaan,
November 18, 2011. Petitioners’ brief of May 22, 2012, received by the IACHR on June 20, 2012.
175
Annex 47. Agreement of Piriatí Emberá of February 8, 2012. Petitioners’ brief of May 22, 2012, received by the IACHR
on June 20, 2012.
176
Annex 50. ANATI Resolution No. ADMG-058-2011 of December 1, 2011, first article; Annex 51. Resolution of ANATI
No. ADMG-001-2012 of February 8, 2012, first article; and Annex 52. Certification issued by the ANATI, March 12, 2012. Petitioners’
brief of May 22, 2012, received by the IACHR June 20, 2012.