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for acceding to their property rights over the ancestral territory, and for their protection vis-à-vis third
persons, to the detriment of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano
and their members.
5.
The State of Panama violated Article 24 of the American Convention, in connection with
Article 1(1) of the Convention, for breaching its obligation to ensure and respect the rights, without any
discrimination based on ethnic origin, and to provide equal protection before the law, to the detriment of
the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano and their members.
VII.
RECOMMENDATIONS
307.
Based on the analysis and conclusions of this report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS TO THE STATE
OF PANAMA THAT IT:
1.
Promptly conclude the process of formalizing, delimiting, and physically demarcating the
territories of the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano and their
members, bearing in mind the inter-American standards noted in this report.
2.
Grant the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano and
their members prompt and just compensation for the removal, resettling, and flooding of their ancestral
territories; the amount owed should be determined through a process that ensures their participation, in
keeping with their customary law, values, and uses and customs.
3.
Adopt the measures necessary for ensuring the effective protection of the territory of the
indigenous peoples Kuna of the Madungandí and the Emberá of Bayano for the purpose of guaranteeing
their physical and cultural survival, as well as the development and continuity of their cosmovision, so that
they can continue living their traditional way of life and preserve their cultural identity, social structure,
economic system, customs, beliefs, distinct traditions and justice system. Similarly, adopt the necessary
measures to ensure that the Kuna de Madungandí and Embera peoples of Bayano have access to
culturally pertinent health and education programs.
4.
Halt the illegal entry of non-indigenous persons in the territories of the indigenous
peoples Kuna of the Madungandí and the Emberá of Bayano and move the current occupant settlers to
territories that do not belong to the indigenous peoples. In addition, ensure the free, prior, and informed
consent of the the indigenous peoples Kuna of the Madungandí and the Emberá of Bayano to the plans,
programs, and projects sought to be developed in their territories.
5.
Establish an adequate and effective remedy that protects the rights of the indigenous
peoples of Panama to claim and accede to their traditional territories, and protect their territories and
natural resources from third persons, including respecting the right of indigenous peoples to enforce their
customary laws through their justice systems.
6.
Make individual and collective reparations for the consequences of the violations of
human rights found in this report. In particular, repair the lack of protection of ancestral territories of the
indigenous peoples Kuna of the Madungandí and the Emberá of Bayano, the lack of effective and prompt
response by the authorities, and the discriminatory treatment to which they were subjected.
7.
Adopt the measures necessary to prevent similar events from occurring in the future, in
keeping with the duty to prevent violations and ensure the exercise of the fundamental rights recognized
in the American Convention.