7 36. With respect to the Emberá, the State indicated that while they do not currently have a legally recognized comarca, the approval of Law 72 of December 23, 2008, makes it possible to recognize their collective property rights to their lands through a special procedure. It also indicated that based on that statute the lands of the Emberá are in the process of being adjudicated by the National Land Management Authority (Autoridad Nacional de Administración de Tierras). 37. As regards compensation for the alleged victims, the State asserted that they were included in Cabinet Decree 156 of 1971. It argues that pursuant to that decree, payments were made to the indigenous from 1974 to 1978 by the Corporación para el Desarrollo Integral del Bayano, a state entity entrusted with compensation matters. Accordingly, the Government argued that the agreements with the indigenous peoples of the Bayano basin have been carried out. 38. As for the invasion of settlers in indigenous territory, the State indicated that it has paid close attention to the requests of the traditional authorities to evict them, and it has undertaken actions aimed at protecting indigenous territories by evicting settlers through the corresponding administrative authorities. In particular, it asserted that “this position of the State is put forth in a context in which those who have invaded this territory subsequent to the creation of the Comarca must leave the territory of the Kuna jurisdiction of Madungandí.” 39. As the response to these demands shows, the State indicated that the Panamanian legal order did not authorize the mayor of Chepo, the district closest to the Kuna Comarca of Madungandí, to appoint a corregidor for that comarca. Nonetheless, given that the corregidor would be the competent authority for ordering the eviction of the settlers, the legal rules necessary for allowing the appointment of this authority were adopted, and this authority has been carrying out the eviction of illegal occupants of indigenous territories. The State also asserted that it has undertaken an investigation into the actions taken by the settlers against the environment, which led to the detention of persons in March 2007. 40. In summary, the State indicated that over the years, since it was agreed to build the Bayano hydroelectric complex, it has maintained steady and periodic conversations with the members of the Kuna and Emberá peoples, fully seeing to it that, after the various agreements and statutes adopted, full respect for their integrity should be sought, referring to both their culture and their inalienable rights, and the ecological system in which these various cultures unfold. 41. The State did not present specific arguments on the articles of the American Convention 8 declared admissible by the IACHR in its Report No. 58/09. IV. PROVEN FACTS 9 42. In application of Article 43(1) of its Rules of Procedure, the IACHR will examine the arguments and evidence provided by the parties and the information obtained during the public hearings th th held in the 113 and 144 regular periods of sessions of the IACHR. In addition, it will take into 10 consideration publicly known information. 8 IACHR, Admissibility Report No. 58/09, April 21, 2009, Petition 12,354, Kuna of Madungandí and Emberá of Bayano Indigenous Peoples and Their Members. 9 In this report, the IACHR uses as evidence documents submitted by the parties that make reference to "indians" or "tribes". Pursuant to the development of international law, the Inter-American Commission for decades has been referring to "indigenous peoples," and therefore does not endorse the terms used by the authors of the respective quotes. 10 Article 43(1) of the IACHR’s Rules of Procedure establishes: “The Commission shall deliberate on the merits of the case, to which end it shall prepare a report in which it will examine the arguments, the evidence presented by the parties, and the information obtained during hearings and on-site observations. In addition, the Commission may take into account other information that is a matter of public knowledge.”