3 9. From December 14 to 19, 2010, the Rapporteur on the Rights of Indigenous Peoples, Dinah Shelton, made a working visit to Panama for the purpose of collecting information on the instant case. During the visit, the Rapporteur met with government officials and travelled to the territory of the Kuna indigenous people of Madungandí and the Emberá of Bayano. 10. During the processing of this case before the Commission, two public hearings were held. The first, while the admissibility of the petition was being considered, was held on November 12, th 4 2001, during the 113 regular period of sessions of the IACHR. A second public hearing was held in the th merits phase, with both parties present, on March 23, 2012, during the 144 regular period of sessions of 5 the IACHR. On this occasion, the petitioners presented the testimony of Manuel Pérez, Cacique General of the General Congress of the Comarca Kuna de Madungandí; and Bolívar Jaripio Garabato, member of the Emberá community of Piriatí and of the Emberá General Congress of Alto Bayano. In addition, they presented the expert testimony of Alexis Oriel Alvarado Ávila and Ultiminio Cabrera Chanapi. A. Precautionary measures 11. On March 14, 2007, the Kuna indigenous people of Madungandí and the Emberá indigenous people of Bayano, through the International Human Rights Law Clinic of the Washington College of Law, filed a request for precautionary measures asking that the State adopt the measures needed to prevent the invasion of settlers in their territories. They indicated that in January 2007 nearly 50 non-indigenous persons entered the indigenous territories and destroyed the tropical forest, cutting the trees and preparing the land for crops. 12. The IACHR requested information from the State, which answered by noting that a series of actions had been taken such as inspections with the participation of different state institutions to collect evidence, providing advisory services to the First Cacique of the Comarca Kuna de Madungandí for filing a complaint, detaining persons for ecological harm, and the signing of a technical cooperation agreement between the Comarca Kuna de Madungandí and the National Environmental Authority (Autoridad Nacional del Ambiente) to ensure the protection of natural resources and rational natural resources management. The requesters filed additional information on May 7, 2007. 13. On March 15, 2011, the Kuna indigenous people of Madungandí and the Emberá of Bayano, through the Centro de Asistencia Legal Popular, reiterated the request for precautionary measures. On that occasion, they indicated that in February and March 2011 there had been massive invasions of the territories of the Comarca Kuna de Madungandí and that the lands of the Emberá communities were in the process of being titled to non-indigenous persons. They argued that “the settlers by violence took control of and destroyed virgin forests, crops, and lands of the Kuna and Emberá indigenous peoples of Bayano,” without the State taking any actions to control the invasions. They also stated that the loss of their lands threatens the survival of the indigenous peoples, insofar as it places “at 6 risk the food security of the indigenous children, women, and men.” 14. On April 5, 2011, the IACHR granted the precautionary measures requested, in keeping with Article 25(1) of its Rules of Procedure. In that decision, the Commission asked the State of Panama to adopt “the measures necessary to protect the ancestral territory of the communities of the Kuna people of Madungandí and the Emberá people of Bayano from invasions by third persons and from the destruction of their forests and crops, until such time as the IACHR reaches a final decision in Case 7 12,354.” 4 IACHR, Public hearing, November 12, 2001, on “Case 12,354 – Kuna of Madungandí and Emberá of Bayano, Panama,” 113th regular period of sessions of the IACHR. See hearing at http://www.oas.org/es/cidh/. 5 IACHR, Public hearing, March 23, 2012, on “Case 12,354 – Kuna of Madungandí and Emberá of Bayano, Panama,” 144 regular period of sessions. See hearing at http://www.oas.org/es/cidh/. th 6 7 Brief requesting precautionary measures, March 14, 2011, received by the IACHR March 15, 2011. IACHR, Precautionary Measures MC 105/11, granted April 5, 2011, Kuna of Madungandí and Emberá de Bayano Indigenous Peoples.