56 their loss entailed not only material losses, but also cultural and spiritual losses impossible to recover, for which compensation is due. 209. Therefore, the Commission concludes that the failure to make reparations to the alleged victims in the terms described above, more than 40 years after their ancestral territories were alienated, constitutes a violation of Article 21 of the American Convention in relation to its Article 1(1). 2.2. Breach of the obligations relating to the territorial rights of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano, and their members - Article 21 of the Convention in relation to Articles 1(1) and 2 b) Obligation to title, demarcate, and delimit the collective property of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano, and their members 210. The 1972 Constitution of the Republic of Panama, amended in 2004, recognizes at 297 Article 90 the ethnic diversity of the Panamanian population , although it refers to the historical 298 existence of the indigenous peoples in a folkloric sense, as per Article 87. In addition, the Constitution provides for a set of specific norms on indigenous peoples which refer, in particular, to the study, 299 conservation, and dissemination of “folkloric traditions” ; to the study, conservation, and dissemination 300 of the indigenous languages (“lenguas aborígenes”), and to “bilingual literacy” ; to the development of 301 education and promotion programs to achieve their active participation as citizens ; and to receiving 302 special attention for their economic, social, and political participation in the national life. 211. Article 127 of the Panamanian Constitution recognizes the collective property rights of the indigenous communities and establishes that the specific procedures for recognizing them shall be 303 determined by law. In addition, Article 126 of the Constitution, which refers to the agrarian regime, establishes at the relevant part: To carry out the purposes of agrarian policy the State shall develop the following activities: 1. Endow the peasants with the necessary lands to work, and regulate the use of water resources. The Law may establish a special collective property regime for the peasant communities that so request. … 4. Establish means of communication and transport to link the peasant and indigenous communities to the centers of storage, distribution, and consumption. 5. Settle new lands and regulate their tenure and use, and the tenure and use of those that are integrated to the economy as the result of the building of new roads. 6. Stimulate the development of the agrarian sector through technical assistance and fostering organizing, training, protection, technification, and other forms as determined by Law. … The policy established for this Chapter shall be applicable to the indigenous communities in keeping with the scientific methods of cultural change. 212. While the Panamanian Constitution recognizes ethnic diversity and protects certain fundamental rights of the indigenous peoples, such as their collective property rights, it maintains provisions that evidence an integrationist approach that stands in contrast to the constitutional trend of 297 Constitution of Panama, Article 90. 298 Constitution of Panama. Article 87. 299 Constitution of Panama. Article 87. 300 Constitution of Panama. Article 88. 301 Constitution of Panama. Article 108. 302 Constitution of Panama. Article 124. 303 Constitution of Panama. Article 127.