3 2. The State of Panama violated the right to property enshrined in Article 21 of the American Convention on Human Rights in relation to Articles 1(1) and 2, to the detriment of the Emberá people of Bayano and its members, for not having providing them effective access to collective property title to their territories; and for having failed to delimit, demarcate, and effectively protect their territories. 3. The State of Panama violated the right to property enshrined in Article 21 of the American Convention on Human Rights, in relation to its Articles 1(1) and 2, to the detriment of the Kuna indigenous people of Madungandí and its members, on having failed to promptly recognize, delimit, and demarcate their territory; and on having failed to provide effective protection for the territories of the Kuna Comarca of Madungandí vis-à-vis third persons. 4. The State of Panama violated Articles 8 and 25 of the American Convention, in connection with Articles 1(1) and 2, due to the failure to provide for an adequate and effective procedure for acceding to their property rights over the ancestral territory, and for their protection vis-à-vis third persons, to the detriment of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano and their members. 5. The State of Panama violated Article 24 of the American Convention, in connection with Article 1(1) of the Convention, for breaching its obligation to ensure and respect the rights, without any discrimination based on ethnic origin, and to provide equal protection before the law, to the detriment of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano and their members. Therefore, the Commission requests that the Inter-American Court order the following reparation measures: 1. Promptly conclude the process of formalizing, delimiting, and physically demarcating the territories of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano and their members, bearing in mind the inter-American standards noted in this report. 2. Grant the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano and their members prompt and just compensation for the removal, resettling, and flooding of their ancestral territories; the amount owed should be determined through a process that ensures their participation, in keeping with their customary law, values, and uses and customs. 3. Adopt the measures necessary for ensuring the effective protection of the territory of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano for the purpose of guaranteeing their physical and cultural survival, as well as the development and continuity of their cosmovision, so that they can continue living their traditional way of life and preserve their cultural identity, social structure, economic system, customs, beliefs, distinct traditions and justice system. Similarly, adopt the necessary measures to ensure that the Kuna de Madungandí and Embera peoples of Bayano have access to culturally pertinent health and education programs.