22
established a new timetable for payment to bring up to date the commitments in arrears to pay
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compensation and build dwellings. In addition, at point 5, the Corporación del Bayano undertook to
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recognize a sum of money to be paid to the indigenous communities for the extraction of timber.
91.
For their part, the Emberá communities who live in Bayano were transferred to near the
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Membrillo river, in the Darién region. Nonetheless, this initial settlement proved inadequate, thus they
were relocated to two villages, Ipetí and Piriatí, in the district of Chepo, province of Panamá. On February
5, 1975, the Agreement of Majecito was signed by which their relocation to these two new localities was
99
recognized.
92.
Once construction of the hydroelectric facility was completed, the Panamanian State
promulgated Law 93 of December 22, 1976, which created the “Corporación para el Desarrollo Integral
del Bayano” (hereinafter “the Corporación del Bayano” or “the Corporation”), a wholly state-owned
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enterprise established to administer the hydroelectric complex. Article 14 of that law provided that the
Corporación del Bayano would subrogate the Bayano Integral Development Project in all its rights and
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obligations. With regard to the assets of the Corporation, Article 16 of Law 93, of December 22, 1976,
established as follows:
Article 16. Decree No. 123 of May 8, 1969 is hereby derogated, and all the lands upriver from the
dam site, lands which constitute the Bayano River Watershed, are set aside as a forest area, and
become part of the assets of the Corporación para el Desarrollo Integral del Bayano, with the
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exception of the lands earmarked for Indigenous Reserves.
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Article 2 of the Agreement of Fuerte Cimarrón. “The Corporación Bayano undertakes and the Indigenous
Representatives accept the following program of payment for updating the commitments in arrears in terms of compensation and
construction of housing. February (pay the months of September and October), March (pay the months of November and
December), April (pay the months of January and February 1977), May (pay the months of March and April).” Annex X. Agreement
of Fuerte Cimarrón, January 29, 1977. Annex 12 to petitioners’ initial petition of May 11, 2000.
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Article 5 of the Agreement of Fuerte Cimarrón. “The Corporación Bayano undertakes to recognize a sum of money for
the indigenous communities for the extraction of timber. This percentage shall be established mindful of the interests and
investments of the Corporación Bayano and the interests of the indigenous communities. The Kuna leaders of Alto Bayano shall
designate a representative to coordinate with the Bureau of Planning and Finance of the Corporation the amount of this sum sic.”
Annex 19. Agreement of Fuerte Cimarrón, January 29, 1977. Annex 12 to petitioners’ initial petition of May 11, 2000.
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Annex 1. Esther Urieta Donos, thesis “Ipeti-Choco: Una comunidad Indígena de Panamá afectada por una Presa
Hidroeléctrica.” Universidad Veracruzana, School of Anthropology, 1994. Annex C to Petitioners’ brief of additional observations on
the merits, received by the IACHR on December 18, 2009. Annex 20. Final Report of Conclusions and Action Plan from the Mesa
de Concertación of the Bayano Zone of August 25, 1999. p. 5. Annex 32 to petitioners’ initial petition of May 11, 2000 and Annex 20
to the State’s communication of June 29, 2001; and Annex 21. Executive summary of the Mesa de Concertación of the Bayano
Zone of July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000.
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According to information produced by the parties: “It was up to the IRHE Institute of Hydraulic Resources and
Electrification], together with the Corporación para el Desarrollo Integral de Bayano, to demarcate the lands for the Emberá,
assigning to the community of Piriatí 2,650 hectares, and to the community of Ipetí, 2,490 hectares, lands that are situated
alongside the Pan American Highway.” Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone of
July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 8; and Annex 20. Final Report of Conclusions and Action
Plan of the Mesa de Concertación of the Bayano Zone of August 25, 1999. p. 5. Annex 32 to petitioners’ initial petition of May 11,
2000; and Annex 20 to the State’s communication of June 29, 2001.
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Article 1 of Law 93 of December 22, 1976. Source: National Assembly of Panama. Legispan: Database of Legislation
of
the
Republic
of
Panama.
Available
at:
http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_NORMAS/1970/1976/1976_025_1251.PDF.
101
Article 14 of Law 93 of December 22, 1976. “The Corporación para el Desarrollo Integral del Bayano subrogates to the
Bayano Integral Development Project in all its rights and obligations. For these purposes, all the contracts entered into by the
Bayano Integral Development Project shall be entered into with the Corporación para el Desarrollo Integral del Bayano.
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Subsequently, by Law 6 of February 3, 1997, all the assets of the Corporación Bayano were assigned to the Empresa
de Generación Eléctrica Bayano S. A. Law 6 of February 3, 1997. Source: National Assembly of Panama. Legispan: Database of
Legislation
of
the
Republic
of
Panama.
Available
at:
http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_NORMAS/1990/1997/1997_148_1785.PDF.