37
1.
Communications and initiatives with authorities at the national, provincial, and
local levels
142.
According to the information provided by the parties, at least since 1990 the alleged
victims sent a large number of communications, letters, and requests to different government authorities
seeking actual implementation of the promises to formalize the collective property rights over their
territories, and to remove the illegal occupants who are living within their boundaries.
143.
As appears in the record before the IACHR, with the objective of calling for the creation of
a comarca for the Kuna people of Madungandí, their traditional authorities, in addition to many efforts to
sign the above-mentioned agreements with the State, sent numerous communications to the highest level
177
178
state authorities such as the President of the Republic
and the Minister of Interior and Justice.
144.
In addition, the authorities of the Kuna Comarca of Madungandí sent numerous letters
and communications demanding protection for their lands vis-à-vis the illegal occupation by peasants. In
179
the record before the IACHR one finds letters sent to the Procuradora General de la Administración , to
180
181
the office of the governor of the province of Panamá , to the mayor of the district of Chepo , among
182
other state authorities.
145.
By the same token, the IACHR observes that the traditional authorities of the Kuna
Comarca of Madungandí on numerous occasions sent letters to the Presidency of the Republic asking
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that actions be taken in relation to the invasion of settlers and calling for payment of the compensation
177
Annex 53. Letter from the Kuna Regional Congress to President Guillermo Endara, June 11, 1990, in which it asks that
Decree 156 be implemented, and that the Kuna Comarca of Madungandí be established. Annex E to petitioners’ brief of additional
observations on the merits, received by the IACHR on December 18, 2009.
178
Annex 54. Letter from the Cacique General, Second Cacique, and Kuna Secretary General to the Minister of Interior
and Justice of June 21, 1991, requesting the establishment of the Kuna Comarca of Madungandí. Annex 11 to the summary of the
petitioners’ intervention during the admissibility hearing of November 12, 2001; Annex 55. Letter from the Cacique General, Second
Cacique, and Kuna Secretary General to the Minister of Interior and Justice, January 20, 1992, requesting his good offices to
resolve the problem of the Bayano basin. Annex 12 to the summary of the petitioners’ intervention during the admissibility hearing of
November 12, 2001; Annex 56. Letter from the Kuna General Congress to the Minister of Interior and Justice, March 12, 1992,
requesting that the actions aimed at protecting the Comarca be expedited. Annex 13 to the summary of the petitioners’ intervention
during the admissibility hearing of November 12, 2001.
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Anexo 57. Letter from CEALP, on behalf of the Comarca of Madungandí, to the Procuradora General de la
Administración, requiring the observamce of the Law 24 of 1996 and of the agreement of December 16, 1996 signed between the
Minister of Interior and Justice, and the authorities of the Kuna Comarca, undated. Annex 17 to the summary of the petitioners’
intervention during the admissibility hearing of November 12, 2001.
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Annex 58. Letter from the Kuna General Congress of Madungandí to the Governor of the Province of Panamá, April
27, 1997, denouncing the illegal occupation of lands in the zone of Wacuco. Annex 18 to the summary of the petitioners’ intervention
during the admissibility hearing of November 12, 2001. Annex 59. Letter to the Governor of the Province of Panamá from the Kuna
Comarca of Madungandí, February 13, 2003, by which they report that settlers who live within the community in Viejo Pedro are
threatening indigenous persons with firearms, accordingly it is requested that she act in her capacity as Governor. Annex D to the
petitioners’ brief of additional observations on the merits received by the IACHR December 18, 2009; Annex 60. Letter from the
Kuna General Congress of Madungandí to the Governor of the province of Panamá, July 8, 2003, requesting a solution to the
problem of the invasion by settlers. File 212, folio 39. Annex to the petitioners’ brief of May 7, 2007, received by the IACHR on May
10, 2007.
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Annex 64. Letter from the authorities of the community of Ipetí to the mayor of the district of Chepo, October 5, 1997 in
which they inform him of the invasion of settlers in the region of Curti. Annex 20 to the summary of the petitioners’ intervention
during the admissibility hearing of November 12, 2001.
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Annex 60. Communication to the IRHE, Office of the Mayor of Chepo, Agrarian Reform, and Office of the Governor of
the Province of Panamá, July 19, 1998. File 212, folios 42-43. Annex to the petitioners’ brief of May 7, 2007, received by the IACHR
on May 10, 2007.
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Annex 63. Communication from the General Congress of the Kuna Comarca of Madungandí to the President of the
Republic, February 21, 2000. Annex D to Petitioners’ brief of additional observations on the merits, received by the IACHR on
December 18, 2009. Annex 63. Communication to the presidential adviser of September 28, 2002, asking that a census be
conducted to determine the number of settlers on lands within the Comarca. Annex D to petitioners’ brief of additional observations
on the merits, received by the IACHR on December 18, 2009. Annex 63. Communication to the President of the Republic,
December 2, 2002. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18,
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