29 Article 2. The lands described in the previous article are the collective property of the Kuna Comarca of Madungandí, whose tenure, conservation, and use shall be regulated in keeping with the Constitution, the national laws in force, and the provisions of this law. The subsoil, which belongs to the State as per Article 254 of the Constitution, may be exploited as determined by section 5 of that article, the laws that govern the matter, and by agreement of the 130 authorities and communities of the Kuna Comarca of Madungandí (General Congress). 113. Article 21 of that law established as follows: “The Agreement of March 31, 1995, signed by indigenous and peasants who live in the Kuna Comarca of Madungandí and approved by the 131 authorities of the national government, shall be respected.” 5. Coordinating the Mesas de Concertación of the Darién Sustainable Development Program and the new Inter-Governmental Commission (1996-2001) 114. Despite the adoption of Law No. 24 the invasion in territories of the Comarca 132 continued. This led in August 1996 to members of the Kuna people of Madungandí blocking the Pan American Highway, which eventually led to a confrontation with the National Police, the result being that 133 several persons were wounded. 115. In view of this situation, on August 8 and 29, 1996, indigenous and peasants were called to meetings at the offices of the IRHE in which it was agreed to create an Inter-Institutional Commission to verify the changes that occurred with the arrival of new settlers. 134 Once the results were obtained, on December 16, 1996, a meeting was held between the Minister and Vice-Minister of Interior and Justice, the governor of the province of Panamá, the mayor of Chepo, and the representatives of the Kuna Comarca of Madungandí. On that occasion, the following conclusion was reached: Maintain the commitment to respect Law 24 of 1996, as well as examining the application of the agreement to which that law refers in Article 21 to implement it. The Government undertook to take the steps and make the legal efforts so that the persons 135 identified as settlers who were in the comarca illegally would be evicted on January 30, 1997. 116. Following up on this agreement a new meeting was held in December 1997 at the Municipal Council of Chepo. In the presence of various state offices – such as Agrarian Reform, 136 INRENARE, and IRHE – indigenous leaders reported on the continuation of the situation. …continuation downriver, to point No. 32, situated at the mouth of Emilio or Acuasibudian stream in Lake Bayano. From this point one follows the contour of the lake in the direction of the Viejo Pedro dam, at a distance of approximately 3.7 km, until reaching point No. 33, situated at the mouth of Emilio or Acuasibudian stream in Lake Bayano. From this point in a straight line to point 1, which was the starting point of this description. 130 Annex 5. Law 24 of January 12, 1996. Annex 11 to petitioners’ initial petition of May 11, 2000; Annex to brief submitted by the petitioners, January 19, 2001; and Annex 15 to the State’s communication of June 29, 2001. 131 Annex 21. Executive summary of the Mesa de Concertación of the Bayano Zone, July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 6. 132 Annex 21. Executive summary of the Mesa de Concertación of the Bayano Zone, July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 5. 133 Annex 36. Article “Choque armado entre Indios y Policías,” Periódico Crítica, August 7, 1996; “Defenderemos a muerte la Comarca,” La Prensa, August 8, 1996; “Indígenas denuncian maltrato de policías y firman tregua,” El Universal de Panamá, August 10, 1996. Annexes 47, 48, and y 49 to petitioners’ initial petition of May 11, 2000, respectively. 134 Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone, July 2, 1999. p. 28. Annex 31 to petitioners’ initial petition of May 11, 2000. 135 Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone, July 2, 1999. p. 28. Annex 31 to petitioners’ initial petition of May 11, 2000. 136 In particular, the then-Cacique General of the Comarca, José Oller, stated: “the problems have worsened because the settlers are building houses of concrete on the lands of the Comarca, in addition to having a negative impact on indigenous production, burning coffee groves, cutting the plantains and plantings of fruit trees, and other violations of the agreements signed Continúa…