27 106. To carry out the agreement signed March 23, 1990, on July 16, 1991, the indigenous peoples signed the “Working Agreement for the New Land Use Management of the Upper Bayano signed by the Provincial Government of Panamá and the Kuna People of Wacuco, Ipetí, and other Communities,” in which the state agencies involved undertake to “make efforts to relocate the invader settlers from the protected lands for the conservation of the flora and fauna of the Bayano watershed.” To 121 that end, September 15, 1991 was set as the deadline for carrying out what was provided for. Nonetheless, the relocation did not take place on the date indicated. As a result of this new failure to perform, the Kuna people blocked the highway that goes around Lake Bayano. 107. The result of this action was the issuance of Resolution 002 and Resolution 63. The first of these was adopted on January 24, 1992, by the Director General of the Corporación del Bayano, ordering the relocation of the “Ipetí Emberá settlers to undisputed areas” and the “recovery of all the lands 122 that are property of the Corporación Bayano and that have been compensated or reoccupied.” In addition, Resolution 63, of March 17, 1992, adopted by the Ministry of Interior and Justice, it was resolved to confer to the office of the governor of the province of Panamá and to the office of the mayor of Chepo the powers, and the economic and logical support necessary for ordering the relocation of the settlers in the disputed areas to which Resolution 002 makes reference. In addition, instruction was offered to the 123 police to facilitate the mobilization and protection of the settlers and to maintain order in the area. 108. Despite such resolutions, once again the settlers were not removed. In the face of this situation, in May 1993 the Kuna and the Emberá staged public demonstrations demanding implementation of the agreements reached with the State, which led to a national strike organized by 124 indigenous leaders from different parts of the country. 109. Due to the pressure generated by these public demonstrations, President Guillermo Endara created a Mixed Commission entrusted to a presidential delegate, Miguel Batista, and made up of state and indigenous representatives. This Commission prepared a study on the reforms should have been implemented by January 1994. These included “the creation of a reserva de comarca for the Kuna of Madungandí and of the Bayano region” and the “demarcation of the collective lands of the 42 Emberá communities that were outside of the Comarca de Emberá-Drua, which was created by Law 22 of 125 1983.” The State did not carry out the actions needed to effectively implement these commitments. 110. On December 5, 1994, the Corporación del Bayano issued a resolution prohibiting the establishment of new human settlements, logging, burning, and the expansion of the agricultural frontiers 126 on the existing farms. On December 13, 1994, the Minister of Interior and Justice, through the National 127 Bureau of Local Governments, instructed the mayor of the district of Chepo to carry out that resolution. The IACHR was not informed of effective actions taken to carry out the resolution. 121 Annex 31. Working Agreement for Renewed Land Use Management of Alto Bayano signed by the Provincial Government of Panamá and the Kuna People of Wacuco, Ipetí, and Other Communities, July 16, 1991. Annex to the summary of the petitioners’ intervention during the admissibility hearing of November 12, 2001. 122 Annex 32. Resolution 002 of January 24, 1992. Annex 19 to petitioners’ initial petition of May 11, 2000; and Annex 14 to the State’s communication of June 29, 2001. 123 Annex 33. Resolution 63 of March 17, 1992. Annex 20 to petitioners’ initial petition of May 11, 2000; and Annex 13 to the State’s communication of June 29, 2001. 124 Petitioners’ initial petition of May 11, 2000. p. 23. Annex 34. Articles titled “Panama: Indians say blood will flow unless they get land rights,” Inter Press Service, May 18, 1993; “Antimotines enfrentan a los indígenas que se toman Puerto Obaldía,” El Siglo, May 29, 1993; and “Panama: Tensions Between Government and Amerindians Subsides,” Inter Press Service, June 3, 1993. Annexes 40, 41, and 42 to petitioners’ initial petition of May 11, 2000. 125 Petitioners’ initial petition of May 11, 2000. pp. 24-25. 126 Annex 11. Final assessment document of the Mesa de Concertación of the Bayano Zone, July 2, 1999. Annex 31 to petitioners’ initial petition of May 11, 2000. p. 25. 127 Annex 35. Communication from the Minister of Interior and Justice, December 13, 1994. Annex 14 to the summary of the petitioners’ intervention during the admissibility hearing of November 12, 2001.

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