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authorities from the national, provincial, and local governments. In the framework of this Commission, it
was determined that three sub-commissions would be formed: (i) Sub-commission on Lands and
Territories, “in charge of coordinating the clearing of title to the lands of the Kuna Comarca of
Madungandí and of the collective lands of the communities of Ipetí, Piriatí, and Alto Bayano”; (ii) Subcommission on Compensation and Expenses, with “the purpose of reviewing the compensation for the
Kuna Comarca of Madungandí and to quantify the new compensation payments to be made to the Kuna
and Emberá on an individual, comarca, and community basis”; and (iii) Sub-commission on Social
Investments, “in charge of determining the amount of social investments for the Kuna Comarca of
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Madungandí and the indigenous communities as collective compensation.”
127.
In this stage the State took some actions such as circulating signs with the notice for
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invaders signed by the Minister of Interior and Justice ; the training by the National Environmental
152
Authority of 30 indigenous persons as forest rangers ; and coordination between the National
Environmental Authority and indigenous authorities for granting permits for community exploitation of the
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forests for the benefit of the Comarca of Madungandí.
128.
Among the actions taken to reach a friendly settlement, the petitioners had the “Technical
Socio-Economic Report on the Compensation and Investment of the Kuna Comarca of Madungandí and
the Emberá Collective Lands of Piriatí, Ipetí, and Maje Cordillera” prepared; it was presented to the
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Ministry of Interior and Justice on May 12, 2003.
This report details the amount of compensation
pending payment, which came to US$7,824,714.19 (seven million eight hundred twenty-four thousand
seven hundred fourteen and 19/100 U.S. dollars). That report also presented an assessment of the
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different needs of the Kuna Comarca of Madungandí and the Emberá communities of Bayano.
129.
Also, during this stage Executive Decree 267 of October 2, 2002 was adopted, extending
the scope of application of the aforementioned Decree 5-A of April 23, 1982, Article 2 of which
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provided :
An exception is made, as regards the application of this Decree, of the following lands:
1. The Comarca of Madungandí.
2. The collective lands of the Emberá population of Ipetí and Piriatí, in the district of Chepo,
province of Panamá.
3. The lands declared non-adjudicable by Cabinet Decree 123 of May 8, 1969.
130.
The process of negotiation culminated definitively on August 19, 2006, the date on which
the authorities of the Kuna and Emberá peoples of Bayano issued a communiqué stating their willingness
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Petitioners’ brief of January 16, 2002, received by the IACHR January 18, 2002.
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Annex 39. Note titled “Advertencia” (“Notice”), signed by the Minister of Interior and Justice. State’s brief of June 18,
2002, received by the IACHR July 1, 2002. p. 14.
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Annex 40. Certification of the National Environmental Authority ARAPE-01-631-02 of November 8, 2002. Annex to
State’s brief of November 25, 2002, received by the IACHR December 2, 2002.
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State’s brief of November 25, 2002, received by the IACHR November 29, 2002; and petitioners’ brief of July 8, 2003,
received by the IACHR on August 4, 2003.
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Annex 41. Letter from authorities of the Kuna Comarca of Madungandí to the Vice Minister of Interior and Justice by
which they formally submit the Technical Socio-Economic Report on the Compensation and Investment of the Kuna Comarca of
Madungandí and the Emberá Collective Lands of Piriatí, Ipetí, and Maje Cordillera. Petitioner’s brief of July 8, 2003, received by the
IACHR August 4, 2003.
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Annex 6. Technical Socio-Economic Report on the Compensation and Investment of the Kuna Comarca of
Madungandí and the Emberá Collective Lands of Piriatí, Ipetí, and Maje Cordillera of 2002. Annex E to petitioners’ brief of January
19, 2007, received by the IACHR the same day.
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Annex 42. Executive Decree 267 of October 2, 2002, “which extends the scope of application of Decree 5-A of April de,
1982, to the Adjudication, with Consideration, of the State Plots situated in the part of the National Territory that goes from the
Quebrada Cali, to the Quebrada Guayabo, in the Sub-district of Tortí, district of Chepo, province of Panamá,” (G.O. 24,652 of
October 3, 2002). State’s brief of October 3, 2011, received by the IACHR on October 4, 2011.