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was carried out as it was considered a condition for mitigating the impact of the paving of the highway
from Puente Bayano to Yaviza, which was part of the Darién Sustainable Development Program. The
information available to the IACHR also indicates that the demarcation process was done in coordination
147
with the traditional authorities and members of the Comarca.
124.
In summary, as of the date the petition was presented, on May 11, 2000, none of the
commitments acquired by the State of Panama regarding the titling, demarcation, and delimitation of the
territories of the Emberá communities of Bayano had been carried out; the Kuna Comarca of
Madungandí, recognized as such in 1996, was in the process of being demarcated; and the occupation
by settlers on the indigenous territories persisted in both cases. As of that date, the State had not carried
out the commitment assumed in relation to the payment of the compensation stemming from the
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hydroelectric facility, acquired through the Decrees and the many agreements mentioned.
6.
Pursuit of a friendly settlement agreement before the IACHR: The IndigenousGovernment Commission (2001-2006)
125.
In May 2000, the petition was filed with the IACHR. In their brief of December 12, 2001,
the petitioners expressed their willingness to reach a friendly settlement agreement. From that moment,
until early 2007, a friendly settlement agreement was pursued, with several interruptions in the
negotiations as a result of differences between the parties. At the outset of this stage, the alleged victims
presented Resolution No. 0028-01 of November 24, 2001, adopted by the General Congress of the
Comarca, in which they made known the more important aspects of their claims.149
126.
In order to pursue a friendly settlement, an Indigenous-Government Commission was
established with the participation of the traditional authorities of the Kuna and Emberá of Bayano, and of
147
Annex 2. Final Report of the National Commission on Political-Administrative Boundaries on the Physical Demarcation
of the Kuna Comarca of Madungandí of 2000. Annex 3 to the petitioners’ brief of July 13, 2012, received by the IACHR that same
day.
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That is why on that date the petitioners stated: “For 25 years, the Kuna and Emberá indigenous peoples have
attempted to maintain their cultural integrity on peacefully negotiating and re-negotiating with the government of Panama, for the
purpose of preventing new harms and the growing risk of annihilation of their culture, caused by the construction of the Bayano
Hydroelectric Dam. For 25 years, the Panamanian government has ignored the protests of the Kuna and the Emberá, has
renounced its obligation with them, and has deliberately treated their interests and rights as inconsequential. The Kuna and the
Emberá now seek to present this injustice to the Commission.” Petitioners’ initial petition of May 11, 2000. p. 4.
149
That resolution provided as follows:
That the Government of Panama publicly recognizes the harm to the human rights of the Kuna of Madungandí and
Emberá indigenous peoples caused by the construction of the Bayano Hydroelectric Complex.
That the Government of Panama undertakes to carry out the Agreement of Farallón and subsequent agreements, such
as:
1. Clearing the title to the lands of the Kuna Comarca of Madungandí and of the collective lands of the
communities of Ipetí, Piriatí, and Alto Bayano.
2. The approval as a matter of immediate legal obligation of a law on collective lands for the Emberá
communities, especially Ipetí, Piriatí, and Alto Bayano.
3. The payment of the compensations to which we have a right due to losses of lands, forests, fauna, and
alteration of the ecosystem related to our lifestyles; which should be individual, community-based, and
comarca-based.
4. The payment of the expenses of the Kuna and Emberá indigenous communities towards carrying out the
agreements, including the legal action.
5. The payment of expenses, costs, and fees to our representatives or legal representatives.
6. The commitment of annual investments to benefit the communities of the Emberá comarca of Piriatí, Ipetí
and Alto Bayano.
In addition to others as the representatives deem pertinent.
State’s brief of December 14, 2001, received by the IACHR December 19, 2001.