50
Bayano Hydroelectric Project does not benefit the indigenous peoples who were evicted from their lands
and moved to make this construction possible who must purchase electrical generators at their own cost
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to have electricity.
186.
In addition, as has been noted, the construction of the hydroelectric project and the Pan
American Highway led to the arrival in the Bayano region of groups of non-indigenous persons who
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began to establish themselves at the ends of the basin. Once the highway running through indigenous
lands was completed, this new road facilitated the internal migration of settlers who appropriated the
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indigenous lands, producing drastic changes in the social composition of the area. The possession of
lands and the use of natural resources by non-indigenous persons generated a climate of permanent
tension that persists to this day. The IACHR observes that confrontations have even occurred on several
occasions between indigenous persons and settlers, which impede the normal development of the
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alleged victims. Accordingly, the presence of non-indigenous persons represents a constant threat to
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the traditional way of life and cultural identity of the Kuna and Emberá peoples.
187.
When they arrived the settlers began deforesting wooded areas to grow crops, engaging
in extensive agriculture by which, through slash-and-burn practices, they have converted forests to
pastureland, expanding the agricultural frontier and removing their natural resources from indigenous
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lands to convert them to pasture. Indeed, according to the information produced by the parties, many
settlers do not live in the lands of the comarca, but carry on economic activities in their territory or rent
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them to other persons to obtain better earnings. The practice of eliminating the natural plant cover to
grow crops is “diametrically opposed to the modes of conservation and protection of the petitioners’
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natural resources.”
…continuation
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Petitioners’ brief of September 21, 2001, received by the IACHR September 24, 2001. p. 7; and petitioners’ brief of
January 19, 2007, received by the IACHR the same day.
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In this respect, the Cacique General of the Kuna Comarca of Madungandí noted: “with this problem of the reservoir
that appeared, new diseases also appeared affecting the population, and of late I wish to tell you the lack of electricity in the
indigenous area, because the benefit is for the Panamanian people….” IACHR, Public hearing, March 23, 2012 on “Case 12,354 -Kuna of Madungandí and Emberá of Panama,” 144th regular period of sessions. Testimony of Manuel Pérez, Cacique General of
the General Congress of the Kuna Comarca of Madungandí. See hearing at http://www.oas.org/es/cidh/. See also petitioners’ brief
of September 21, 2001, received by the IACHR September 24, 2001. p. 7.
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Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone, July 2, 1999. Annex 31 to
petitioners’ initial petition of May 11, 2000. p. 22.
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The petitioners state: “At the time the dam was built, nearly 2,000 settlers had already settled in the Bayano region.
Drawn to the zone by the extension of the Pan American Highway in the 1950s, these settlers had come to the Bayano region from
western Panama in search of lands to cultivate.... The additional construction of the highway in the 1970s accelerated the invasion.”
Petitioners’ initial petition of May 11, 2000. p. 15 and pp. 25-26.
275
Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone, July 2, 1999. Annex 31 to
petitioners’ initial petition of May 11, 2000. p. 21, pp. 29-30.
276
Petitioners’ initial petition of May 11, 2000.
277
Petitioners’ initial petition of May 11, 2000. IACHR, Public hearing, March 23, 2012 on “Case 12,354 -- Kuna of
Madungandí and Emberá of Panama,” 144th regular period of sessions. Testimony of Bolívar Jaripio Garabato, member of the
Emberá community of Piriatí and of the Emberá General Congress of Alto Bayano; and Annex 11. Final assessment document of
the Mesa de Concertación of the Bayano Zone, July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 22.
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Annex 93. Survey done in the community of Curtí, November 21, 1998. Annex 17 to the State’s communication of June
29, 2001, received by the IACHR July 2, 2001; and IACHR, Public hearing, March 23, 2012 on “Case 12,354 -- Kuna of Madungandí
and Emberá of Panama,” 144th regular period of sessions. Expert testimony of Ultiminio Cabrera Chanapi.
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Petitioners’ brief of September 23, 2002, received by the IACHR September 25, 2002. According to information
produced by the parties: “As there is an intimate relationship between the natural life processes, flora and fauna coexist and
reproduce. With exuberant and rich vegetation, animal life is equally varied and abundant. If the flora is destroyed, the animal
species also succumb. The jungle provides refuge and food to the fauna in its environment. This symbiotic and functional union is
only altered by man…. Flora and fauna were for centuries a source of sustenance for the life of the indigenous groups that inhabited
the basin, nonetheless their presence did not cause a rupture of the ecosystem given their low technological level, which enabled
them to conserve the jungle.” Annex 1. Esther Urieta Donos, thesis “Ipeti-Choco: Una comunidad Indígena de Panamá afectada por
una Presa Hidroeléctrica”. Universidad Veracruzana, School of Anthropology, 1994. pp. 30-31. Annex C to petitioners’ brief of
additional observations on the merits, received by the IACHR on December 18, 2009.