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111.
On March 31, 1995, an agreement was signed by the indigenous authorities and the
settlers who were living at that time on lands of the Kuna of Madungandí, approved by the authorities of
the national government. That agreement established that:
Taking into consideration the antecedents of other proposed Comarcas, the settlers remain where
they are under certain special conditions:
They may not expand their agricultural frontiers beyond where they are currently found.
The lands that at this moment they usufruct may not be assigned or exchanged or sold to third
persons.
If a settler does what is indicated above or leaves the area, these lands revert to the comarca.
All this shall be done under the conditions agreed upon and by documents signed with the
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authorities and the parties affected.
112.
On December 29, 1995, the law was passed that created the Kuna Comarca of
Madungandí (Comarca Kuna de Madungandí), which was adopted as Law 24 of January 12, 1996.
Articles 1 and 2 of this law provide:
Article 1. The Kuna Comarca of Madungandí is hereby created, constituted by a geographic area in
the province of Panamá, district of Chepo, sub-districts of El Llano and Cañitas, situated within the
following boundaries […] The polygon described has an area of approximately one thousand eight
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hundred (1,800) square kilometers or one hundred eighty thousand (180,000) hectares.
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Annex 21. Executive summary of the Mesa de Concertación of the Bayano Zone, July 2, 1999. Annex 31 to petitioners’
initial petition of May 11, 2000. p. 5.
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Article 1 of Law No. 24 described the following boundaries of the Comarca: starting from point No. 1, situated 400
meters beyond the intersection of the Pan American Highway and the road that leads to the Viejo Pedro dam, situated 34.4 km from
the Garita de Chepo, one follows along the Pan American Highway towards Darién until reaching the monument C.R. 107C line 3 of
the “Tommy Guardia” Geographic Institute. From this monument C.R. 107C line 3, one continues along the Pan American Highway
towards Darién 200 meters, until encountering point No. 2. From this point one follows, along the dirt road to the Southwest until
reaching the bed of the stream of Sardian or Caracolito; one continues along this stream, downriver, until its mouth at Lake Bayano,
distinguished as point No. 3. From this point one follows an imaginary straight line to the Southwest, crossing Lake Bayano, to Point
Majecito (Maje Island), distinguished as point No. 4. From this point, more to the East, one follows to Point Read, distinguished as
point No. 5. From this point one continues along an Imaginary straight line, crossing Lake Bayano, to the Southeast, until reaching
Point Pueblo Nuevo, distinguished as point No. 6. From here one follows along the curve at 63 meters altitude (maximum level of
Lake Bayano, to the East until Point Ugandi or Point Nilo, distinguished as point No. 7. From this point one follows along a dirt road
to the Southeast until reaching point No. 8, located in the population center of Quebrada Cali, at a distance of approximately 2,125
meters from the bridge over the Aibir River. From here one follows 883 meters along the Pan American Highway towards Darién,
until encountering the intersection with the dirt road that is to the left, distinguished as point No. 9. From here one follows the dirt
road to the Southeast, a distance of 9.1 km, until encountering the mouth of the Catrigandi River in Lake Bayano, distinguished as
point No. 10; from point No. 9 to point No. 10 it shares a boundary with the Emberá-Piriati collective lands. One then follows the
Catrigandi river upriver a distance of 3.1 km until encountering P. I. No. 117, where point No. 11 is located. From here one continues
along the dirt road to the Curti River, identified as point No. 12. From this point one follows upriver, to the bridge over the Curti River
on the Pan American Highway, identified as point No. 13. One then follows the Pan American Highway towards Darién to the bridge
over the Wacuco River or Dianwardumad, identified as point No. 14. From this point one follows the river or Dianwardumad,
downriver, and at a distance of 70 meters one reaches the dirt road, identified as point No. 15. From here one follows that dirt road
in the Southern direction 71 East and at a distance of 11.1 km one reaches point No. 16, situated in the Playa Chuso or Dibirdirrale
river. From this point to the South 79 East at a distance of 9 km one reaches point No. 17. From here one follows that dirt road to
the South 39 East and at a distance of 3.1 km, one reaches point No. 18. From this point straight South, at a distance of 600
meters, one reaches point No. 19, situated in the Higueronal or Dirudi stream. From this point at a distance of approximately 5.1 km,
one reaches point No. 20, situated at the intersection with the road that leads from the population center of La Ocho to Pingadicito.
From this point Northward 66 East, at a distance of 5.5 km, one reaches point No. 21, situated in the Pingadicito river. From this
point, following the dirt road to the Northeast, passing the Pingandi river, one reaches point No. 22. From this point to the North 36
East, one reaches point No. 23, situated at a distance of 400 meters from the road that connects the towns of Sábalo and Wala.
From this point, to the North 85 East, one reaches point No. 24, situated along the road from Sábalo to Wala. From this point to the
South 60 East, one covers a distance of approximately 2.6 km to point No. 25, situated along the road from Sábalo to Wala.
Following the road we encounter point No. 26, situated at the border between the provinces of Darién and Panamá. From there one
continues along that border to the North to point No. 27, situated in the Serranía de San Blas. From here one follows to the
Northwest along the entire boundary of San Blas and the province of Panamá, to point No. 28, situated to the North of the Espavé or
Bunorgandi river. From here one continues straight South to the headwaters of the Espavé or Bunorgandi river, then along that
river, downriver, covering a distance, from the Serranía, of 9.9 km, to reach point No. 29. Then to the South 47 West, at a distance
of approximately 5 km, one reaches point No. 30 in the Playita or Dinalugandi river. From this point, to the South 82 West, at a
distance of approximately 4.1 km, one reaches point No. 31, situated in the Chuluganti river. From here one follows that river,
Continúa…