71 271. As was considered proven, by Executive Decree 247 of June 4, 2008, the provisions necessary for the establishment of a corregidor were added to the Organic Charter of the Comarca of Madungandí. The IACHR notes that this was done more than seven years after the judgment of the Third Chamber of the Supreme Court of Justice, and more than four years after the issuing of the legal opinion of the Procuraduría de Administración, acts which irrefutably verified the lack of a competent authority for addressing the question of the invasion of settlers in the territory of the Kuna Comarca of Madungandí. 272. In addition, the IACHR takes note of the time periods in which, even though the provisions necessary for appointing a corregidor were adopted, this authority had not actually been designated. In particular, it observes that after the adoption of Executive Decree 247, the Kuna Comarca of Madungandí did not have, for at least another year and nine months, a competent authority legally authorized to carry out the eviction of settlers from the indigenous territory. In addition, according to the information available to the IACHR, even when a corregidor has already been appointed for the Comarca, this authority did not take decisive actions to obtain a definitive solution to the claim brought by the alleged victims, the remedies pursued proving ineffective. 273. As the expert witness Alexis Oriel Alvarado Ávila explained, this was related to the failure to 362 provide material resources for that authority to be able to devote attention to the actions filed. Without denying that, the State explained to the IACHR that “the Panamanian State approves through the law, the main law that the National Assembly adopts, the Law on the Budget, and five months ago when the corregidor was appointed the only thing the Ministry [of Interior and Justice] could do was to approve his 363 salary.” The Commission takes note of the information presented by Panama, but recalls that the States cannot allege domestic matters to fail to carry out their international obligations. In addition, the IACHR recalls that the Inter-American Court has referred to: … the duty to ensure an accessible and simple procedure [referring to the procedure for processing claims related to the lands of indigenous peoples] and to provide competent authorities with the technical and material conditions necessary to respond timely to the requests filed in the framework 364 of said procedure. 274. The IACHR considers as positive developments the issuance of Resolution No. 5 of April 2, 2012 by the Special Corregiduria of the Kuna of Mandungandí Comarca, as well as Resolution No. 197-R-63 of August 22, 2012 by the Ministry of Governance; but it recalls that, in addition, it is necessary to adopt concrete measures that effectively materialize what was ordered in those resolutions, so as to ensure the existence of an effective guarantee of the free and full exercise of the rights of the alleged victims. Administrative penalizing procedures and criminal actions for the protection of the indigenous territory and natural resources …continuation right to private property of indigenous peoples in Panama, held during the 133 rd period of sessions, October 28, 2008. See hearing at http://www.oas.org/es/cidh/. 361 In that judgment, the Supreme Court of Justice affirmed that the Kuna Comarca of Madungandí is not part of the district of Chepo, and that to be part of it, this would have to be expressly provided for in a law. State’s brief of October 3, 2011, received by the IACHR October 4, 2011. 362 IACHR, Public hearing, March 23, 2012 on “Case 12,354 -- Kuna of Madungandí and Emberá of Panama,” 144th regular period of sessions. Expert testimony of Alexis Oriel Alvarado Ávila. 363 IACHR, Public hearing, March 23, 2012 on “Case 12,354 -- Kuna of Madungandí and Emberá of Bayano, Panama, 144th regular period of sessions. See hearing at http://www.oas.org/es/cidh/. 364 I/A Court H.R.. Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29, 2006. Series C No. 146, para. 109. The IACHR has also indicated that the states are obligated to ensure the funds and resources necessary for carrying out their constitutional and international obligations with regard to the territorial rights of indigenous and tribal peoples. IACHR, Third Report on the Situation of Human Rights in Paraguay. Doc. OEA/Ser./L/VII.110, Doc. 52, March 9, 2001, para. 50 – Recommendation 2.