24 97. Beginning in 1981, a series of meetings were held between the authorities of the Kuna people of Madungandí and the Emberá, leaders of the different already-existing settlements of peasants, 107 representatives of the Corporación del Bayano and state institutions related to land tenure. As a result of these meetings, it was found that it was a complex situation, thus an inter-institutional commission was established that took charge “of the comprehensive Land Use Management of the Upper Bayano river 108 basin.” That Commission was proposed with the objective of taking a census of the population in the Emberá communities of Ipetí and Piriatí; in addition to an initial study of the land tenure situation in some areas that were already considered conflictive, a study that sought to define the limits between the lands of the Kuna of Madungandí and the settlers. In addition, the Commission drew up a list of the settlers who had to leave the zone. Nonetheless, they opposed the eviction, which led to a series of conflictive 109 situations between indigenous and settler communities. 98. On April 23, 1982, the Government promulgated Decree 5-A, which regulated the adjudication to occupants and settlers of the lands that were declared to be state-owned by Law 71 of September 20, 1973, amended by Law 53 of September 1, 1978. Decree 5-A provided for the adjudication of lots, for sale, situated in the strip as wide as eight kilometers on either side of the central line of the Pan American Highway, from the Guayabo creek (quebrada Guayabo), parallel to the Wacuco 110 river, in the corregimiento of El Llano, district of Chepo, and the border with Colombia. That decree provided as follows in relation to the lands and natural resources of the indigenous peoples of the Bayano: Article 2. The adjudication under any guise of the state lands included and described is hereby prohibited: … (e) In the areas of the Kuna and Emberá indigenous comarcas whose demarcation is entrusted to the National Bureau of Indigenous Policy and the leaders of these communities. While that physical demarcation is being determined, the Kuna and Emberá communities may veto the requests for adjudication of plots that belong to the territories of those comarcas sic. Article 5. In the territory of the comarcas, it shall be up to the National Bureau of Natural, Renewable Resources of the Ministry of Agricultural Development, together with the Kuna and Emberá indigenous communities, to see to the conservation and rational use of the natural, renewable resources such as the flora, or forest cover, the soils, fauna, and waters. In the event that a non-rational use is made of such renewable resources, the indigenous traditional authority shall so inform the competent authority of RENARE to beg that the corrective measures needed be taken…. Article 9. The Officer of the Agrarian Reform shall reject the filing the requests for Adjudication when referring to plots included within the non-adjudicable areas, which are named in Articles 2, 3, and 4 of this Decree, and shall indicate to the petitioner verbally and in writing the absolute prohibition on initiating any clearing work in these areas under threat of ordering their removal, with the assistance of the official forces; and also with the loss of their improvements, in the event of a violation. In the case of persons who earn their living solely from farming or stock-raising, the …continuation May 11, 2000. p. 21. In addition, see Annex 6. Technical Socio-Economic Report on the Compensation and Investment of the Kuna Comarca of Madungandí the Emberá Collective Lands of Piriati, Ipeti and Maje Cordillera of 2002. Appendix E of the petitioners’ brief of January 19, 2007, received by the IACHR on the same day; and Annex 23. Technical Socio-Economic Report on the Compensation and Investment of the Kuna Comarca of Madungandí the Emberá Collective Lands of Piriati, Ipeti and Maje Cordillera of July 2009. Annex F to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009. 107 Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone of July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 22. 108 Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone of July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 23. 109 Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone of July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 23. 110 Decree 5-A of April 23, 1982. “Which regulates the Adjudication of Rural State Lands, from Guayabo stream (Quebrada Guayabo) parallel to the Wacuco river, it is the Sub-district (Corregimiento) of El Llano, district of Chepo, to the border with Colombia.” 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/1980/1982/1982_019_1538.PDF.