49 communities of the Kuna Comarca on May 10, 2009, it was found that the most common pathologies 264 include respiratory, gastrointestinal, and dermatological infections. 183. The IACHR also observes that the construction of the hydroelectric complex had a harmful impact on the traditional forms of subsistence of the indigenous peoples of Bayano. With the flooding of their ancestral lands the ecosystem on which they depended for hunting, fishing, and farming, 265 and for obtaining traditional medicines was destroyed. According to information produced by the parties, “most of the lands of the region of the Bayano, with the exception made of the alluvial entisols soils formed by the rising waters of the rivers are of little or limited agricultural value…. A large part of 266 the best soils, the alluvial ones, have been lost under the waters of the reservoir.” On that point, said epidemiological report of May 12, 2009, indicates that: The hunting lands, which are now the main channel of Lake Bayano, source of protein for the population’s diet, changed drastically to the consumption of vegetables, with scant meat consumption. To this situation has been added that the lands that have been available for agriculture have few nutrients or minerals (rocky and calcareous without organic matter at the surface), which makes it impossible for farming to replace the nutritional demand, resulting in 267 severe malnutrition among children and adults over 50 years of age sic. 184. Consistent with this information, according to a report from the Ministry of Health on the Kuna Comarca of Madungandí produced by the State, as of December 2011 there was malnutrition in 268 80% of children under 5 years of age. Along the same lines, the petitioners stated: “The poor quality of the land impacts on the food security of the indigenous communities, which affects the health of the 269 population; diseases such as malaria, diarrhea, malnutrition, and tuberculosis are common.” 185. In addition, according to the information presented by the parties, the alleged victims do 270 271 not have basic services such as water and electricity. The IACHR observes that paradoxically, the 264 Annex 90. Medical report produced May 10, 2009. Annex F-3 of petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009. In addition, according to information produced by the alleged victims: “At present after more than 30 years skin diseases, rashes, malaria, fever, cough, among others, have followed and only one health post has been constructed in two communities, medical visits are sporadic, and they only go for a couple of hours … sic”. 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. 265 Petitioners’ brief of September 21, 2001, received by the IACHR September 24, 2001. pp. 7-8; and petitioners’ brief of January 19, 2007, received by the IACHR the same day. 266 Annex 1. Esther Urieta Donos, thesis “Ipeti-Choco: Una comunidad Indígena de Panamá afectada por una Presa Hidroeléctrica”. Universidad Veracruzana, School of Anthropology, 1994. p. 29. Citing Salamín Aguila, Edith Argelia. La Represa del Bayano y las Transformaciones Geoeconómicas de la Región (Panamá). Thesis for degree. UNAM. Mexico City. 1979. p. 23. Annex C to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009. In addition, Bolívar Jaripio Garabato, in his testimony before the IACHR, noted: … when our land was flooded, the best lands that were fertile and through that loss, at that moment, we did not perhaps have the best quality of life, our population cannot produce from the land as it did before. There are many pests, the plantains, for example, do not produce as they did before, one must be planting every year, whereas before in that territory we would plant just once and we would have crops from generation to generation.” 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. 267 Annex 90. Epidemiological report done May 12, 2009. Annex F-3 to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009. 268 Annex 91. Report by the Ministry of Health on the activities carried out in the Kuna Comarca of Madungandí in 20002001. Annex to State’s brief of June 15, 2007, received by the IACHR June 18, 2007. 269 270 Petitioners’ brief of September 21, 2001, received by the IACHR September 24, 2001. p. 7. Annex 92. Informe ejecutivo preliminar de las actividades realizadas por el Gobierno de Panamá en la Comarca Kuna de Madungandí y las Comunidades Piriati Empera e Ipeti Emberá hasta el año 2001 [Preliminary executive report of the activities carried out by the Government of Panama in the Kuna Comarca of Madungandí and the Emberá communities of Piriati and Ipeti up to 2001]. Annex to State’s brief of November 25, 2002, received by the IACHR December 2, 2002.

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