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Officer of the Agrarian Reform is also obligated to indicate to said person the areas available for
farming, stock raising, or agroforestry.
99.
The IACHR observes that while Article 2 of Decree 5-A provided for the exclusion of the
areas belonging to the Kuna and Emberá peoples, giving the National Bureau of Agrarian Reform the
authority to adjudicate plots to occupants and settlers in the neighboring areas it aggravated the situation
of risk to their territories, along with the failure to demarcate them, expressly recognized in the text of said
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Article 2.
100.
As the problematic situation lingered, in subsequent years the indigenous peoples
continued their efforts to title, delimit, and demarcate their territories. On September 6, 1983, an
agreement was signed among the Kuna people of Bayano, the Emberá community of Piriatí, and the
Ministry of Interior and Justice, that the boundaries between the two indigenous peoples would be
established.112 Later, on August 3, 1984, the State and the Kuna people of Madungandí signed a
commitment titled “Agreement of Mutual Accord” (“Convenio de Acuerdo Mutuo”). At the first point of that
agreement the State, through the Corporación para el Desarrollo Integral del Bayano, reiterated its
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obligation to create a comarca for the Kuna people.
101.
On August 15, 1984, the authorities of the Emberá communities of Piriatí and Ipetí and
the Corporación del Bayano signed an “Agreement of Mutual Accord” in which it was established that the
Corporation undertakes to “take all steps necessary for attainment of the indigenous aspirations as
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regards the full demarcation of the Emberá Reserve in the areas of Ipetí and Piriatí.”
102.
Given that those commitments were not kept, the land continued to lack recognized and
protected boundaries, which encouraged the continuing invasion of settlers on indigenous lands. Despite
111
Decree No. 5-A of April 23, 1982. Annex to the summary of the petitioners’ intervention during the admissibility hearing,
November 12, 2001. 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.
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That agreement literally provided as follows:
1.
The boundary between the Kuna Comarca of Bayano and the Indigenous Community of Piriatí shall
be the old dirt road of the Kuna Comarca;
2.
To physically locate the dirt road that will serve as the boundary, it shall only be done by the
participation of representatives of both indigenous groups jointly with the State representation;
3.
The maintenance of the dirt road in question shall be done by the joint participation of both
indigenous groups, as they deem advisable;
4.
The Emberá indigenous of the Community of Piriatí shall have free access to the lake to develop their
day-to-day activities such as transportation, hunting, fishing, etc.
This land shall be assigned to the Indigenous Community by collective title and the boundaries agreed upon herein shall
be considered for that purpose.
Annex 24. Agreement of September 6, 1983. Annex 14 to petitioners’ initial petition of May 11, 2000; and Annex 7 to the
State’s communication of June 29, 2001.
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Specifically, the first article provided: “The Corporación para el Desarrollo Integral del Bayano undertakes with the
Kuna Community of Madungandí to make every effort to proceed immediately to see the attainment of the aspirations of that
community, so that the Comarca be established. By means of this Agreement, agreements are also established in relation to the
conservation, protection, and rational use of the renewable natural resources such as the flora, fauna, and waters; which requires
approval by the Corporación Bayano, the National Bureau of Renewable Resources (RENARE), and the authorities of the Kuna of
Madungandí.” Annex 25. Agreement of Mutual Accord of August 3, 1984. Annex 15 to petitioners’ initial petition of May 11, 2000;
and Annex 8 to the State’s communication of June 29, 2001.
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That Agreement provided: “First. The Corporación Bayano undertakes to take all those steps necessary to see the
attainment of the indigenous aspirations as regards the full demarcation of the Emberá Reserve in the areas of Ipetí and Piriatí.
Second. The works being carried out to attain the foregoing will be aimed at those lands being titled collectively, thus it will be the
property of the indigenous population mentioned….” Annex 26. Agreement of Mutual Accord, August 15, 1984. Annex to the
summary of the petitioners’ intervention during the admissibility hearing of November 12, 2001.