34 to continue the processing of the petition before the IACHR, considering: “The national government has 157 no intention of resolving our just demands.” This decision was communicated to the IACHR in a writing 158 received on January 19, 2007. 7. Creation of the High-Level Presidential Commission and establishment of a procedure for the adjudication of collective property rights in indigenous lands (2007-2012) 131. The IACHR observes that in the following years the agreements adopted by the State continued to go unimplemented. Given the lack of government attention to their claims, in October 2007, members of the Kuna indigenous people staged a public protest, which was repressed by police agents, 159 resulting in several indigenous persons being wounded and detained. 132. Executive Decree No. 287, of July 11, 2008, “creates the High-Level Commission to 160 attend to the problems of the Indigenous Peoples of Panama.” According to the information available to the IACHR, in May 2008 this Commission made a visit to the areas of the Kuna Comarca of Madungandí 161 invaded by settlers. That Commission also proposed a framework law for the collective titling of the property of indigenous peoples, which was taken up by the Cabinet Council and presented to the Legislative Assembly, contained in Draft Law 411. On December 23, 2008, the government proposal was approved by Law No. 72 “which establishes the special procedure for the adjudication of the collective 162 property rights to lands of the indigenous peoples who are not in the comarcas,” which was regulated by Executive Decree No. 223 of July 7, 2010. 133. On January 26, 2009, the government promulgated Executive Decree No. 1, by which Article 2 of Decree No. 5-A of April 23, 1982 was amended, regarding the adjudication of rural state lands in the district of Chepo. As regards the indigenous peoples of the Bayano, Executive Decree No. 1 established: Article 2: The adjudication under any guise of the state lands included and described: … (c) In the areas of the Kuna and Emberá indigenous Comarcas, whose demarcation is entrusted to the National Bureau of Indigenous Policy and the leaders of those communities. While said physical demarcation is completed, the communities of Kuna and Emberá may veto the requests 163 for adjudication of plots that go deep into the territories of those comarcas. 134. With respect to the compensation due, in July 2009, at the request of the authorities of the Kuna Comarca of Madungandí and of the Emberá of Bayano, a report was prepared entitled “SocioEconomic Technical Report on Compensation and Investment: the Kuna Comarca of Madungandí and 157 Annex 43. Communiqué from the indigenous communities of Bayano regarding the construction of the Bayano hydroelectric complex, August 19, 2006. Annex to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009. 158 Petitioner’s brief of January 19, 2007, received by the IACHR the same day. 159 Annex 44. News articles in Annex 2 to the brief of November 13, 2007, received by the IACHR the same day. 160 According to information that is a matter of public knowledge, this decision was preceded by the adoption, on April 28, 2007, of a Declaration of the Indigenous Peoples of Panama. 161 Additional observations on the merits submitted by the State by brief of April 27, 2010, received by the IACHR on May 3, 2010; and thematic hearing on the right to private property of the indigenous peoples of Panama, held in the 133rd period of sessions, October 28, 2008. 162 Law 72, “which establishes the special procedure for the adjudication of the collective property of indigenous peoples who are not within the comarcas,” published in Official Gazette No. 26193, December 30, 2008. 163 Executive Decree 1 of January 26, 2009, "By which Article 2 of Decree No. 5-A of April 23, 1982 is amended.” Source: National Assembly of Panama. Legispan: Database of Legislation of the Republic of Panama. Available at: http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_GACETAS/2000/2009/26238_2009.PDF.

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