19 75 Alto Bayano Indigenous Reserve. Accordingly, the IACHR considers as proven that the Ascanio Villalaz Hydroelectric Project entailed the dispossession of the territories that were occupied by the Kuna indigenous people of Madungandí and the Emberá of Bayano, their transfer to new lands, and the 76 subsequent flooding of their ancestral territories. 81. According to the information before the IACHR, in 1969 representatives of the 77 Panamanian State – in particular Head of Government General Omar Torrijos Herrera -- held meetings with authorities of the Kuna of Madungandí and some members of the Emberá communities situated in 78 the Bayano watershed , in which he told them that they had to abandon the territories they were occupying. In exchange, he offered to grant them and give them title to new lands, of better quality and larger in extent; and the payment of economic compensation for the loss of lands, crops, and 79 animals. According to the information produced by the parties, the alleged victims were not informed in a manner and language that they understood of the consequences of the construction of the hydroelectric 80 project in the Bayano region. 82. As a result of the foregoing, the State agreed to pay economic compensation to the indigenous communities who would have to “abandon the lands they occupy due to the works of the 75 Similarly, the considering paragraphs of Cabinet Decree 156, of July 8, 1971, to which reference will be made subsequently, expressly recognize that “the indigenous groups who inhabit the current Bayano Indigenous Reserve shall have to abandon the lands they occupy due to the execution of the works of the Bayano Hydroelectric Project.” In addition, it is noted that “these groups shall have to be situated in the areas established as non-adjudicable by Cabinet Decree 128 of May 8, 1969, in compensation for the area of the current indigenous reserve, which shall be flooded sic.” Annex 15. Considering paragraphs of Cabinet Decree 156 of July 8, 1971. Annex 10 to petitioners’ initial petition of May 11, 2000; and Annex 3 to the State’s communication of June 29, 2001. 76 In addition to the text of Cabinet Decrees 123 and 156, in briefs filed in the proceeding before the IACHR the State made express reference to these facts. In this respect, it noted that “with the construction of the Ascanio Villalaz Hydroelectric Complex, 12 communities were resettled in the region of the Kuna Comarca of Madungandí” State’s brief of September 26, 2011, received by the IACHR September 27, 2011. It also indicated that “The Emberá, with the construction of the Ascanio Villalaz Hydroelectric Complex, were resettled.” State’s brief of September 26, 2011, received by the IACHR September 27, 2011. Other sources make reference to the displacement of 2,000 Kuna individuals and 500 Emberá individuals. Annex 16. Alaka Wali, “The Transformation of a Frontier: State and Regional Relationships in Panama, 1972-1990.” Human Organization, Vol. 52, No. 2 (1994). Annex 16 to petitioners’ initial petition of May 11, 2000; and State’s brief of March 24, 2011, received March 25, 2011. 77 IACHR, Public hearing, March 23, 2012 sobre “Case 12,354 -- Kuna of Madungandí and Emberá of Panama,” 144th regular period of sessions. Testimony of Manuel Pérez, General Cacique of the General Congress of the Kuna Comarca of Madungandí. See hearing at http://www.oas.org/es/cidh/. In his expert testimony, Ultiminio Cabrera Chanapi noted in this regard that: “… There were  individual consultations only of those families that could have access to a conversation with General Torrijos Herrera and perhaps compensation for those who were consulted at that moment. Yet many families disappeared from the Bayano river basin.… As there was no consultation with the communities under any leadership of the communities, under several leaderships, because the river is extensive and the families were scattered throughout the Bayano river basin.” 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. 78 79 Petitioners’ initial petition of May 11, 2000. p. 11; and State’s brief of June 29, 2001. p. 2. In the hearing before the IACHR, expert Ultiminio Cabrera Chanapi noted that: “… the consultation was only, OK, you want to occupy another territory because we are going to give you other lands of better quality and greater extent. That was the question at that time, but they did not say for sure what the consequences of that relocation would be, if they were going to offer us quality lands for production or whether they were going to displace settlers in the vicinity, it was only indicating that they were going to guarantee lands for you. That they were going to pay you compensation, that they would build schools, dwellings.” IACHR, Public hearing, March 23, 2012 sobre “Case 12,354 -- Kuna of Madungandí and Emberá of Panama,” 144th regular period of sessions. Expert testimony of Ultiminio Cabrera Chanapi. See hearing at http://www.oas.org/es/cidh/. 80 Bolívar Jaripio Garabato, a member of the Emberá community of Piriatí, describes the process as follows: “… at that moment when our people, our family, were forcibly evicted, because prior to that there was no consultation for the indigenous peoples. Although there is talk of agreements, as our ancestors were not on top of, were not people with an education, at that moment they took it to clear it, to do as they wished, to displace from that place…. I would sit down with my grandfather who was a cacique, he was present at that moment and he would say that the people are making it look good, my grandfather did not know how to read or write, they told him you are going to have a right to your land and no one is going to bother you, no one will take your lands from you. For that reason, as my father did not know how to read or write, they would say the government is offering us this, so in a meeting they said we can move, but no, they have not followed through on this.” 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. See hearing at http://www.oas.org/es/cidh/.