80 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.

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