12
as a comarca by the Panamanian State by Law 2 of September 16, 1938.
40
were not covered by this law.
39
The Kuna of Madungandí
58.
The land inhabited by the Kuna of Madungandí is currently bounded to the north by the
Comarca Kuna Yala; to the south by the corregimiento de El Llano and the Tierra Colectiva Emberá
Piriatí; to the east by the province of Darién; and to the west by the corregimiento of Cañitas and El
41
Llano.
59.
The Kuna indigenous people of Madungandí are constituted by 12 communities: Akua
Yala, Pintupo, Ikanti, Ipeti, Kapandi, Diwarsicua, Dian Wardumad, Kuinubdi, Nargandi, Piría, Arquidi, and
42
Narasgandi. The seat or main population center is situated in the community of Akua Yala. According to
the census conducted by the National Institute of Statistics and Census in 2010, the Kuna of Madungandí
43
number 4,271 persons.
60.
Traditionally, the Kuna practice slash-and-burn agriculture and a reforestation process
44
that is highly compatible with environmental conservation. Their mode of subsistence is closely linked to
45
their habitat, for they depend on the natural resources they obtain from it. This close relationship with
the land is reflected in the Kuna’s belief that “the forest is like a mother, and the Indians must live in
harmony, like siblings, with all that is within. From the deep woods they get food, materials for housing
46
and the leaves and roots with which their medicine men make potions.”
61.
The traditional political organization of the Kuna of Madungandí has as its maximum
authority a General Congress made up of “sahilas” or chiefs of each of the communities that make up the
indigenous people. The representation of the General Congress to the central government and the
47
autonomous entities vests in a Cacique , who is elected by the General Congress. In addition, the
39
Created by Law 2 of September 16, 1938 with the name of “Comarca de San Blas,” by Law 16 of February 19, 1953 the
Comarca de San Blas was organized; it came to be called “Comarca Kuna Yala” as provided in Law 99 of December 23, 1998, and
was declared an indigenous reserve by Law 20 of January 31, 1957.
40
Annex 4. Atencio López. “Alto Bayano: Cronología de la lucha del pueblo Kuna,” Este País, No. 36, 1992. Annex 15 to
the petitioners’ initial petition of May 11, 2000.
41
Annex 5. Article 1 of Law 24 of January 12, 1996. Annex 11 to the petitioners’ initial petition of May 11, 2000.
42
Annex 6. Informe Técnico Socio-Económico sobre la Indemnización e Inversión de la Comarca Kuna de Madungandí y
de las Tierras Colectivas Emberá Piriati, Ipeti y Maje Cordillera del año 2002. Appendix E to the petitioners’ brief of January 19,
2007, received by the IACHR that same day.
43
National Institute of Statistics and Census. Resultados Finales del XI Censo de Población y VII de Vivienda. Table 20:
Indigenous population in the Republic, by sex, province, indigenous comarca, indigenous group to which they belong, and age
group. 2010.
44
The petitioners, citing an academic research study in this regard, explain this process in the following terms: “The
Kuna grew plantain and corn as basic products, and fruit as a cash crop. In general, they allowed for the land to lie fallow for five to
10 years, and did not clear portions of the land whose size varied from two to three hectares, and they planted an annual crop, such
as corn. Once the corn was harvested the field was not cultivated for some time, to allow the fruit trees and plantains to grow. In this
way, the Kuna practiced reforestation as part of the slash-and-burn cycle.” Annex X. Alaka Wali, “Kilowatts and Crisis: Hydroelectric
Power and Social Dislocation in Eastern Panama”, 26 Westview Press, Boulder, Colorado 1989. p. 33. Annex 51 to the petitioners’
original petition of May 11, 2000.
45
Petitioners’ initial petition of May 11, 2000.
46
Annex 7. Nathaniel Sheppard Jr., Panama Indians Criticize Project As A Road To Ruin. Chicago Tribune, April 16,
1992. Annex 38 to petitioners’ initial petition of May 11, 2000. The petitioners describe this relationship in the following terms: “the
Kuna … have a firm tradition and love for the earth, which has guided their whole cosmography.” Annex 8. David Carrasco.
”Panama: Indigenous Women demand rights & Political Space.” Inter Press Service. July 9, 1993. Annex 43 to petitioners’ initial
petition of May 11, 2000.
47
Annex 9. Doctoral thesis of Peter H. Herlihy entitled “Geografía cultural de los indígenas Emberá y Wounan (Choco) del
Darién, Panamá, con énfasis en la formulación reciente de aldeas y la diversificación económica,” of 1986. Annex 1 to petitioners’
initial petition of May 11, 2000.