43
163.
According to the information produced by the parties, on January 27, 1999, a new
request for recognition of lands was presented to the Presidency of the Republic from the Emberá
community of Ipetí on behalf of the “Organización de Unidad y Desarrollo de Ipetí-Emberá,” an
association that has legal status granted by the Ministry of Interior and Justice by Resolution No. 118-PJ217
35.
On the same date, a request for recognition of lands from the Emberá community of Piriatí was
presented to the Cabinet Council of the Presidency of the Republic. By means of this request, it was
asked that titling be done in the name of the “Asociación para el Desarrollo de la Comunidad de Piriatí –
Emberá Alto del Bayano,” a representative organization of the community of Piriatí with legal status
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granted by the Ministry of Interior and Justice by Resolution No. 583-PJ-256. No response to these two
requests appears in the record before the IACHR.
164.
As mentioned, on December 23, 2008, Law No. 72 was adopted. It “establishes the
special procedure for the adjudication of collective property rights to their lands for the indigenous
219
peoples who are not in the comarcas.” According to its Article 4, the competent authority for carrying
out that procedure was the National Bureau of Agrarian Reform of the Ministry of Agricultural
220
Development.
165.
Based on that law, on October 27, 2009, the representatives of the Emberá indigenous
communities of Ipetí and Piriatí filed a request for adjudication of lands with the National Bureau of
Agrarian Reform by which they requested the collective titling of 3,191 hectares in the name of the
221
community of Ipetí and 3,754 in the name of the community of Piriatí.
On that occasion, it was also
requested that “in keeping with Article 111 of the Agrarian Code, and as a matter that must be ruled on
before the underlying claim can be decided, the suspension should be ordered at any stage of any
request for or processing of property titles or certification of alleged possessory rights over the lands or
222
any administrative application that is aimed at obtaining property title over those lands.”
166.
On October 8, 2010, Law 59 was adopted by which it is ordered that the National Bureau
223
of Agrarian Reform be replaced in its authority by the ANATI.
On January 26, 2011, the General
Cacique of the Emberá General Congress of Alto Bayano reiterated to the ANATI the request for
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adjudication of land in favor of the Emberá communities of Piriatí and Ipetí.
217
According to that communication, the following were attached to justify the request: (i) proof of the juridical personality
of the Organización de Unidad y Desarrollo de la Comunidad de Ipeti-Emberá, (ii) a population census, and (iii) a map produced by
persons authorized to perform this type of technical work. Annex 80. Letter of January 27, 1999, sent by Marcelino Jaén on behalf of
the Ipeti-Emberá community. Annex 29 to petitioners’ initial petition of May 11, 2000.
218
According to that communication, the following were attached to justify the request: (i) proof of the juridical personality
of the Organización de Unidad y Desarrollo de la Comunidad de Ipeti-Emberá, (ii) a population census, and (iii) a map produced by
persons authorized to perform this type of technical work. Annex 80. Letter of January 27, 1999, sent by Marcelino Jaén on behalf of
the Ipeti-Emberá community. Annex 29 to petitioners’ initial petition of May 11, 2000.
219
Law 72, “which establishes the special procedure for the adjudication of the collective property rights over the land of
the indigenous peoples who are not within the comarcas,” regulated by Executive Decree No. 223 of July 7, 2010.
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Law 72, Article 4.
221
Annex 81. Process of requesting free adjudication of the collective property rights to lands granted in compensation to
the communities of Ipetí and Piriatí for their displacement for construction of the Bayano Dam. Annex to petitioners’ brief of May 16,
2012, received by the IACHR the same day.
222
Annex 81. Process of requesting free adjudication of the collective property rights to lands granted in compensation to
the communities of Ipetí and Piriatí for their displacement for construction of the Bayano Dam. Annex to petitioners’ brief of May 16,
2012, received by the IACHR the same day.
223
Law 59, of October 8, 2010, “Law that creates the National Land Management Authority, unifies the authority of the
General Bureau of Cadastre, the National Bureau of Agrarian Reform, the National Land Management Program, and the ‘Tommy
Guardia’ National Geographic Institute.”
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Annex 45. Application for Adjudication of Collective Lands of the communities of Piriatí and Ipetí, submitted by the
Emberá General Congress of Alto Bayano, January 26, 2011. Petitioners’ brief of May 22, 2012, received by the IACHR June 20,
2012 and Annex 4 to the petitioners’ brief of July 13, 2012, received by the IACHR the same day.