9 of each people take responsibility for different areas of government, administration of justice, education, and use of natural resources, among other matters. Nonetheless, at present there are still indigenous peoples in Panama who are on ancestral territories yet these territories have not been titled, demarcated, 16 and/or delimited. 17 48. Beginning with the 1904 Constitution, amended in 1925 , the possibility of creating “comarcas” (special districts) was introduced in Panamanian domestic law; these are geographic areas that have a political-administrative regime governed by special laws. A similar provision is to be found in 18 Article 5 of the 1972 Constitution, amended in 2004. Based on this legal institution, the State has 19 recognized the following “indigenous comarcas” through special laws: Comarca Kuna Yala , Comarca 20 21 22 Emberá-Wounaan , Comarca Kuna de Madungandí , Comarca Ngöbe-Buglé , and Comarca Kuna de 23 24 Wargandi. This recognition has been considered positive by the IACHR and other international 25 human rights bodies. 49. The domestic law of Panama also recognizes “indigenous reserves” (“reservas indígenas”), a category that allows the indigenous communities who live on them to possess the lands 16 The State makes reference, for example to the communities of “Piriatí Emberá, Ipetí Emberá, Maje Emberá, and Unión Emberá, and other indigenous territories (Wounaan) that are located in the eastern sector of the province of Panamá.” Brief by the State of September 26, 2011, received by the IACHR September 27, 2011. In addition, see thematic public hearing on “The right to collective property of the lands of the indigenous peoples in Panama,” held during the 144th period of sessions, March 23, 2012. See hearing at http://www.oas.org/es/cidh/. 17 Article 4 of the 1904 Constitution, amended by Legislative Act of March 20, 1925, and September 25, 1928. “The territory of the Republic is divided into Provinces and these are divided into Municipalities, in the number and with the boundaries established by the laws in force; but the National Assembly may increase or decrease the number of provinces or municipalities, or vary their boundaries. The National Assembly may create comarcas (special districts), governed by special laws, with territory separated from one or more provinces.” 18 Article 5 of the single text of the Constitution of Panama, published November 15, 2004. “The territory of the Panamanian State is divided politically into Provinces, which in turn are divided into Districts, and the Districts into Sub-districts (Corregimientos). The law may create other political divisions, either subject to special regimes or for reasons of administrative convenience or public service.” 19 Created by Law 2 of September 16, 1938 with the name of “Comarca de San Blas,” by Law 16 of February 19, 1953 the Comarca de San Blas was organized; it came to be called “Comarca Kuna Yala” as provided in Law 99 of December 23, 1998, and it was declared an indigenous reserve by Law 20 of January 31, 1957. 20 Created by Law No. 22 of November 8, 1983; the Organic Charter of the Comarca was adopted by Executive Decree 84 of April 9, 1999. 21 Created by Law 24 of January 12, 1996; the Administrative Organic Charter of the Comarca was adopted by Executive Decree 228 of December 3, 1998. 22 Created by Law 10 of March 11, 1997; the Administrative Organic Charter of the Comarca was adopted by Executive Decree 194 of August 25, 1999; its political-administrative boundaries were changed by Law 8 of February 14, 2006. 23 Created by Law 34 of July 25, 2000; the Administrative Organic Charter of the Comarca was adopted by Executive Decree 414 of October 22, 2008. 24 According to official information, three indigenous comarcas (Kuna Yala, Emberá-Wounaan, and Ngöbe-Buglé) have the rank of a province, for they have a governor; while the two remaining comarcas (Kuna de Madungandí and Kuna de Wargandí) are at the level of a sub-district (corregimiento). National Institute of Statistics and Census. Resultados Finales del XI Censo de Población y VII de Vivienda. Definiciones y explicaciones. 2010. Available at: http://www.contraloria.gob.pa/inec/Publicaciones/0001-03/definiciones.pdf. 25 In this respect, in the press release issued by the IACHR after the visit to Panama in June 2001, the IACHR stated that “it notes with satisfaction the legislative progress made in recent years, particularly those initiatives aimed at recognizing the territories of indigenous peoples and their cultural rights, in particular, the laws establishing the regions of Madungandí, Nöbe Buglé, and Kuna de Wargandi….” [IACHR, Press Release 10/01 - End of on site visit to Panama, June 8 2001. para. 35. Available at: http://www.cidh.org/Comunicados/Spanish/2001/10-01.htm]. In addition, the Committee on Economic, Social and Cultural Rights of the United Nations stated: “The Committee notes with appreciation the establishment by Act No. 10 of 1997, Act No. 69 of 1998 and Executive Decree 194 of 1999 of a territorial demarcation (comarca) for the Nöbe-Buglé indigenous community, which the Committee had recommended as a result of its 1995 technical assistance mission to Panama.” Committee on Economic, Social and Cultural Rights. Consideration of Reports by State Parties under Articles 16 and 17 of the Covenant. Concluding observations. E/C.12/1/Add.64, September 24, 2001, para. 6.