8
43.
In addition, mindful that the Commission was processing the file on precautionary
measures on behalf of the Kuna indigenous people of Madungandí and the Emberá of Bayano and their
members, the Commission considers it necessary to recall that the Inter-American Court has noted: “The
evidence submitted during all stages of the proceeding has been included in a single body of evidence,
for it to be considered as a whole, which means that the documents supplied by the parties with regard to
the preliminary objections and the provisional measures are also part of the body of evidence in the
11
instant case.”
44.
Accordingly, the Commission considers that the State of Panama, as a party in both
proceedings, has had the opportunity to controvert and object to the evidence produced by the petitioners
and, therefore, there is a procedural balance as between the parties. Accordingly, the Commission
includes in the evidence under consideration the evidence produced by the parties in the precautionary
measures procedure.
A.
Indigenous peoples in Panama and the applicable legal framework
45.
Panama is a country with a high degree of ethnic and cultural diversity. Seven indigenous
12
peoples currently live in Panama: Ngäbe, Buglé, Naso or Teribe, Bri-Bri, Kuna, Emberá, and Wounaan.
The Ngäbe, Buglé, Naso or Teribe, and Bri-Bri are found mainly in the western part of the country, while
13
the Kuna, Emberá, and Wounaan are located mainly in the east. According to the last national census,
the indigenous population in Panama numbers 417,559 persons, equal to 12.26% of the total
14
population.
46.
Each of these peoples has its own culture and history, social and political organization,
economic and productive structure, cosmovision, spirituality, and ways of interacting with the
environment. The indigenous peoples of Panama are traditionally organized in the following congresses
and councils: Consejo General Bri-Bri, Consejo General Naso Tjër-di, Congreso General Comarca
Ngäbe-Buglé, Congreso Nacional Wounaan, Congreso General Emberá de Alto Bayano, Congreso
General Emberá y Wounaan de Tierras Colectivas, Congreso General Emberá y Wounaan, Congreso
General Kuna de la Comarca Wargandi, Congreso General Kuna de la Comarca Madungandí, Congreso
General Kuna de Dagargunyala, Congreso General de Kuna Yala, and Consejo Regional Buglé.
47.
The territorial rights of the Kuna people of the Caribbean coast were recognized in 1938,
in the wake of the grievances that led to the Tule Revolution of 1925. Since then, and up to 2000, other
indigenous peoples of Panama have had recognition of ancestrally occupied territories, whose total area
15
comes to nearly 20% of the national territory. Within the indigenous territories the traditional authorities
11
I/A Court H.R., Case of Herrera Ulloa. Judgment of July 2, 2004. Series C No. 107, para. 68. See inter alia Case of
Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and Reparations. Judgment of June 27, 2012. Series C No. 245. para.
48.
12
The indigenous peoples in Panama come mainly from five linguistic groups: (i) the Guaymí, from whom are derived the
Ngöbe; (ii) the Bokotá, from whom are derived the Buglé; (iii) the Talamanca, from whom are derived the Teribe and Bri-Bri; (iv) the
Kuna or Tule; and (v) the Chocoes, from whom are derived the Emberá and Wounaan. The first three are situated in the eastern
region, and the last two in the western region of Panama. Reina Torres de Araúz. In: Panamá indígena. Panama City: Panama
Canal Authority. 1999. p. 58. Available at: http://bdigital.binal.ac.pa/bdp/tomos/XVI/.
13
ALVARADO, Eligio. Perfil de los Pueblos de Panamá, Panama City, Regional Technical Assistance Unit (RUTA) and
Ministry
of
Interior
and
Justice.
2001.
p.
14.
Available
at:
http://libertadciudadana.org/archivos/Biblioteca%20Virtual/Documentos%20Informes%20Indigenas/Nacionales/Juridico/Perfil%20In
digena%20de%20Panama.pdf.
14
National Institute of Statistics and Census. Resultados Finales del XI Censo de Población y VII de Vivienda. Table 20:
Indigenous population in the Republic, by sex, by province, indigenous comarca, indigenous group to which it belongs, and age
groups. 2010.
15
According to official figures, the total area of Panama is approximately 75,517 km 2, while the total area of the five
comarcas comes to approximately 16,141 km 2. Source: National Institute of Statistics and Census. Panamá en Cifras: años 200610. 2010. Available at: http://www.contraloria.gob.pa/inec/cuadros.aspx?ID=170305. See also: International Labor Organization.
Indigenous and Tribal Peoples: Panama. Available at: http://www.ilo.org/indigenous/Activitiesbyregion/LatinAmerica/Panama/lang-en/index.htm.