35
164
the Emberá Collective Lands of Piriati, Ipeti, and Maje Cordillera.”
According to the information
collected for the preparation of this report, the total amount of compensation for the losses caused by the
construction of the hydroelectric facility still pending payment came to B/. 9,512,804.30 (nine million five
165
hundred twelve thousand eight hundred four and 30/100 balboas).
135.
Subsequently, based on the above-mentioned Law 72, the Emberá communities of Piriatí
and Ipetí filed a request for adjudication of lands on October 27, 2009, which was reiterated on January
166
26, 2011, without this request having been resolved.
136.
In view of the delay in recognition of their collective property rights, the Emberá and
Wounaan indigenous peoples, including the Emberá communities of the Upper Bayano, engaged in acts
167
of protest. As a result, on November 18, 2011, the respective authorities of these peoples signed an
“Agreement on Action and Decision” with representatives of ANATI and of the Ministry of Interior and
Justice. The IACHR observes that by that agreement the state authorities undertook to title the collective
lands of the communities of the Emberá and Wounaan peoples, which included the Emberá communities
168
of Piriatí and Ipetí.
137.
On January 30, 2012, there was an invasion of settlers numbering 150 to 185 persons in
169
the Emberá community of Piriatí. Accordingly, members of the Emberá people of the Bayano engaged
in acts of protest and their traditional authorities publicly denounced the continuing invasion by settlers in
170
their territories, and the lack of attention to their requests by the competent authorities.
138.
As a result, on February 8, 2012, the State signed a new agreement called the
“Agreement on Piriatí Emberá,” which established the creation of “a commission for monitoring the
processes of collective titling until their complete adjudication” and reiterated “to the ANATI the
commitment acquired by agreement signed on November 18, 2011 to expeditiously process all the
171
requests for collective titling and deliver the first title no later than March 2012.”
According to the
information available to the IACHR, to date the State has not granted collective title to the lands claimed
by the communities of Piriatí and Ipetí of the Emberá people of Bayano.
164
Annex 23. Technical Socio-Economic Report on the Compensation and Investment of the Kuna Comarca of
Madungandí and the Emberá Collective Lands of Piriatí, Ipetí, and Maje Cordillera. July 2009. Annex F to petitioners’ brief of
additional observations on the merits, received by the IACHR on December 18, 2009.
165
Annex 23. Technical Socio-Economic Report on the Compensation and Investment of the Kuna Comarca of
Madungandí and the Emberá Collective Lands of Piriatí, Ipetí, and Maje Cordillera, July 2009. Annex F to petitioners’ brief of
additional observations on the merits, received by the IACHR on December 18, 2009.
166
Annex 45. Application for the Adjudication of Collective Lands of the communities of Piriatí and Ipetí, submitted by the
Emberá General Congress of Alto Bayano on January 26, 2011. Petitioners’ brief of May 22, 2012, received by the IACHR June 20,
2012.
167
Petitioners’ brief of July 13, 2012, received by the IACHR the same day.
168
Annex 46. Agreement of Action and Decision – ANATI/MINGOB/Pueblo de Tierras Colectivas Emberá y Wounaan,
November 18, 2011. Petitioners’ brief of May 22, 2012, received by the IACHR June 20, 2012 and Annex 6 to the petitioners’ brief of
July 13, 2012, received by the IACHR the same day.
169
Bolívar Jaripio Garabato, member of that community, describes the events as follows: “2012 this year, on January 30
more than 150 persons came into our community, it had a major impact for our community, we even had to get a lawyer which, we don’t
have, to do this, because if we did not do so we cannot remove these people….” 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/. See also, petitioners’ brief of May 22, 2012, received by the IACHR June 20, 2012 and petitioners’ brief
of July 13, 2012, received by the IACHR the same day.
170
Communiqué from the Emberá and Wounaan People of Panama, brought together in the General Congress of the
Emberá and Wounaan Comarca, the General Congress of the Emberá and Wounaan Collective Land, National Congress of the
Wounaan People, the Emberá General Congress of Alto Bayano, the Bribri General Council, and the Bugle General Congress.
January 31, 2012. Available at: http://www.prensaindigena.org.mx/?q=content/panam%C3%A1-comunicado-del-pueblo-Emberá. In
addition, petitioners’ brief of May 22, 2012, received by the IACHR on June 20, 2012.
171
Annex 47. Agreement of Piriatí Emberá of February 8, 2012. Petitioners’ brief of May 22, 2012, received by the IACHR
on June 20, 2012.