34
to continue the processing of the petition before the IACHR, considering: “The national government has
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no intention of resolving our just demands.” This decision was communicated to the IACHR in a writing
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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
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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
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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
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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
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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
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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.
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Petitioner’s brief of January 19, 2007, received by the IACHR the same day.
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Annex 44. News articles in Annex 2 to the brief of November 13, 2007, received by the IACHR the same day.
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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.
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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.
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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.
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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.