41
157.
According to the information produced by the parties, the petitioners submitted at least
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two requests for eviction to the new Corregidor. The information available to the IACHR indicates that
as a result, working visits were made in January 2012 in different sectors of the Comarca, investigative
measures in which the presence of settlers was confirmed; and two administrative hearings were held, in
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December 2011 and January 2012.
The information contained in the case file indicates that an
agreement was reached with the settlers to evacuate the invaded lands, by March 31, 2012 at the latest.
Given the failure to comply by the agreed date, through Resolution No. 5 of April 2, 2012, the Corregidor
ordered ”the eviction, as intruders, of the persons who are illegally occupying comarca lands in the Lago,
Río Piragua, Río Seco, Río Bote, Wacuco, Tortí, and other sectors of the Kuna of Mandungandí
Comarca,“ against which the settlers presented an appeal, which was admitted on May 31, 2012, and
submitted to the Ministry of Government, in accordance with article 1 of Executive Decree No. 247.
Through Resolution No. 197-R-63 of August 22, 2012, that Ministry decided to “[a]ffirm, in its entirety,
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Resolution No. 5 of April 2, 2012 […].” According to the statements of the State in its last submission to
the IACHR, the eviction based on this decision is currently being carried out.
b)
Administrative proceedings for ecological harm pursued before the National
Environmental Authority
158.
According to the information produced by the parties, the alleged victims pursued
procedures before the National Environmental Authority (hereinafter “ANAM”: Autoridad Nacional del
Ambiente) in view of the ecological harm caused by the settlers’ activities in different zones located within
their territories.
159.
Specifically, in early January 2007, members of the Kuna Comarca of Madungandí
denounced the Regional Administration of Eastern Panama (Administración Regional de Panamá Este)
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of the ANAM of engaging in clear-cutting in their territory.
The ANAM made an inspection visit on
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January 30, 2007, in which it verified the facts alleged, as appears in Inspection Report No. 006-2007.
Based on that visit, it concluded that there was a violation of Law No. 1, of February 3, 1994, “which
establishes the forestry legislation in the Republic of Panama, and other provisions are issued”
(hereinafter “Forestry Law”). By Interlocutory Order No. ARAPE-ALR-008-2007 of February 8, 2007, the
Regional Administration of Eastern Panama of the ANAM admitted the complaint filed by the members of
the Kuna Comarca of Madungandí and began an administrative investigation. By Resolution ARAPE–
AGICH-030-2007, of May 21, 2007, the persons found in the inspection visit were considered responsible
for unauthorized clearing of forest, accordingly they were ordered to pay the sum of B/. 500.00 (five
…continuation
petitioners reiterated that the appointment of the Corregidor had not yet been made petitioners’ brief of May 25, 2011, received by
the IACHR May 31, 2011. p. 4. Those facts were not denied by the State but rather, to the contrary, in a brief submitted September
27, 2011, it noted that a corregidor was appointed for the 2008-2009 period, and that as of that date, for various reasons, a new
Corregidor had not been appointed for the Kuna Comarca of Madungandí State’s brief of September 26, 2011, received by the
IACHR September 27, 2011; and State’s brief of October 3, 2011, received by the IACHR October 4, 2011. According to the State’s
subsequent statements, on October 20, 2011 a person was appointed to the position of Corregidor or councilman. [Submission of
the State of September 17, 2012, received on September 24, 2012.]
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Petitioners’ brief of May 16, 2012, received by the IACHR the same day; and petitioners’ brief of July 13, 2012,
received by the IACHR the same day.
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Annex 71. Annex 13 to petitioners’ brief of July 13, 2012, received by the IACHR the same day; and Annex 4 of the
State’s submission of September 17, 2012, received by the IACHR on September 24, 2012.
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Annex 72. Resolution No. 5 of April 2, 2012 issued by the Special Corregidor of the Kuna of Mnadungandí comarca.
Annex 4 to the submission of the State of September 17, 2012, received by the IACHR of September 24, 2012; and Annex 73.
Resolution No. 197-R-63 of August 22, 2012, issued by the same Ministry of Government. Annex 1 to the submission of the State of
September 17, 2012, received by the IACHR on September 24, 2012.
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Annex 74. Communication from the mayor of Chepo to the Minister of Interior and Justice, January 8, 2007. Annex to
State’s brief of June 15, 2007, received by the IACHR June 18, 2007.
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Annex 75. Inspection Report No. 006-2007 issued by the National Environmental Authority, January 30, 2007. Annex
to State’s brief of June 15, 2007, received by the IACHR June 18, 2007.