21 90 Decree No. 112 of November 15, 1973. As regards the indigenous peoples who were living in the area, Article 5(b) of that decree provided: “Carry out the transfer and relocation of the communities situated in the areas of the reservoir in the critical areas of the basin and other special areas that require maintaining 91 a protective plant cover [sic].” 92 87. From 1973 to 1975 the Kuna and Emberá peoples of Bayano were moved. The IACHR notes that the resettlement process occurred as of 1973, when execution of the project had already begun. 88. The Kuna people of Madungandí were relocated in the non-flooded parts of the indigenous reserve. According to the information in the record before the IACHR, the State entered into two agreements with the traditional authorities of the Kuna indigenous people of Madungandí: the Agreement of Farallón of 1976 and the Agreement of Fuerte Cimarrón of 1977. The first was signed on October 29, 1976 by the Head of Government Omar Torrijos and authorized representatives of the Kuna people. This agreement established, among other points, that: 1. The National Government undertakes to demarcate the reserve and relocate the settlers and the Chocó Indians found in the area, which is prejudicial to Kunas; this relocation shall be done after consultation with the groups affected. The sites, which shall be islets and which will constitute the waters of the dam shall not be used 93 without the prior consent of the Kunas. 89. With respect to this article, the State alleged in the procedure before the IACHR that “it constituted a binding legal instrument by which the Government of the Republic of Panama undertook vis94 à-vis the Kuna of Bayano to demarcate the land and relocate the settlers, among other points.” The IACHR considers it proven that at least since 1976 the State undertook expressly and irrefutably to demarcate the lands of the Kuna of Madungandí and to remove all other occupants on these lands. 90. In order to carry out the terms of the Agreement of Farallón, on January 29, 1977, the Agreement of Fuerte Cimarrón was signed by representatives of the Corporación del Bayano, the 95 National Guard, and representatives of the Kuna people of Madungandí. Point 2 of that Agreement …continuation “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/. 90 Article 1 of Decree No. 112. “The project for the Development of the Bayano is hereby created, subject to the oversight and inspection of the Executive branch through the Ministry of Agricultural Development and the Ministry of Planning and Economic Policy, based in the population of Chepo. The Office of the Comptroller of the Republic shall perform the functions of oversight and control that the Constitution and laws establish. Decree 112 of November 15, 1973, Official Gazette No. 17,621 of June 24, 1974. Source: National Assembly of Panama. Legispan: Database of Legislation of the Republic of Panama. Available at: http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_NORMAS/1970/1973/1973_026_2085.PDF. With respect to the creation of the Bayano Integral Development Project, in documentary evidence introduced into the record it is noted that: “In the face of the human situation and the urgency of performing the ecological studies and delimiting the area of protection of the lake, etc., the Government, in mid-1973, created the Bayano Integral Development Project.” Annex 1. Esther Urieta Donos, thesis “Ipeti-Choco: Una Comunidad Indígena de Panamá afectada por una Presa Hidroeléctrica”. Universidad Veracruzana, School of Anthropology, 1994. p. 40. Annex C to Petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009. 91 Decree 112 of November 15, 1973, Official Gazette No. 17,621 of June 24, 1974. Source: National Assembly of Panama. Legispan: Database of Legislation of the Republic of Panama. Available at: http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_NORMAS/1970/1973/1973_026_2085.PDF. Annex 4. Atencio López. “Alto Bayano: cronología de la lucha del pueblo Kuna,” Este País, No. 36, 1992. Annex 15 to petitioners’ initial petition of May 11, 2000. 92 Petitioners’ initial petition of May 11, 2000; and State’s brief of March 24, 2011, received March 25, 2011. 93 The Agreement of Farallón sets forth more specific commitments regarding the re-evaluation of the logging permits left for the Kuna (point 2), the commitment to bring drinking water to the communities (point 3), cancellation of any hunting permits (point 4), creation of a forestry and hunting police appointed by mutual agreement between the Head of Government and the Kuna caciques (point 7), and the construction of a health center (point 8). Annex 18. Agreement of Farallón of October 29, 1976. Annex 13 to petitioners’ initial petition of May 11, 2000; and Annex 6 to the State’s communication of June 29, 2001. 94 State’s brief of September 26, 2011, received by the IACHR September 27, 2011. 95 Annex 19. Agreement of Fuerte Cimarrón, January 29, 1977. Annex 12 to petitioners’ initial petition of May 11, 2000.