31
120.
In addition, on August 25, 1999, the Ministry of Economy and Finance, through the
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Darién Sustainable Development Program, issued a “Final Report of Conclusions and Plan of Action.”
Among the recommendations, it was concluded that:
Based on the results obtained by the consultancy on the process of assessment and ranking of the
land tenure conflicts in the upper basin of the Bayano river, it is deemed fundamental that the
Government assume the corresponding responsibility and establish clear rules and criteria for the
use of the territory in this fragile area….
It is deemed necessary to begin implementation of a Land Use Management Plan in the zone from
a holistic, democratic, and participatory perspective….
In addition, it is deemed fundamental to establish a normative framework that covers the concept of
‘Collective Lands’ for the indigenous communities, in which one regulates the actions that had to be
taken with these lands that are the property of the indigenous communities situated outside of the
already established Comarcas, as is the case of the commitments acquired since 1975 with the
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Emberá of Ipetí and Piriatí.
121.
That program of the Ministry of Economy and Finance recommended the following as a
plan of action: (i) the demarcation, delimitation, and marking of the lands of each indigenous community
(Ipetí, Piriatí, and Comarca of Madungandí), and the fulfillment of the commitments acquired in the
Agreements of Majecito and Farallón; (ii) in relation to the clearing up of land titles in the community of
Ipetí, promote the purchase of the settlers’ improvements; (iii) in relation to the clearing up of land titles in
the community of Piriatí, undertake a study by the Agrarian Reform, by Manuel Poveda and José María
García Quintero, an on-the-ground inspection, and the consultation on receiving compensation; (iv) the
issuance by the Bureau of Agrarian Reform of a resolution to recognize the collective usufruct rights of
the Emberá of Ipetí and Piriatí, while promoting the law that recognizes the rights to Collective Lands; and
(v) a land tenure study of the land occupied by the communities of Loma Bonita, Curti, and Wacuco within
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the Kuna Comarca of Madungandí to get a clear picture of the physical situation of the lands.
122.
After the assessment by the Sustainable Development Program a new InterGovernmental Commission was created to resolve the land dispute. In its “Report and Recommendation,”
submitted to the proceeding before the IACHR, possible solutions were put forth that were put to the
consideration of the National Government.145
123.
The IACHR observes that as a result of the mesas de concertación with the indigenous
peoples, a plan of action was drawn up that recommended specific measures that would resolve the land
dispute, and the Inter-Governmental Commission recommended actions to be taken to solve the
indigenous land question. The measure that has come to the attention of the IACHR is the physical
demarcation of the Kuna Comarca of Madungandí by the National Commission on Political-Administrative
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Boundaries , done from April to June 2000. In this respect, the Commission observes that this action
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Annex 20. Final Report of Conclusions and Plan of Action of the Mesa de Concertación of the Bayano Zone, August
25, 1999. Annex 32 to petitioners’ initial petition of May 11, 2000; and Annex 20 to the State’s communication of June 29, 2001.
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Annex 20. Final Report of Conclusions and Plan of Action of the Mesa de Concertación of the Bayano Zone, August
25, 1999. pp. 20-21. Annex 32 to petitioners’ initial petition of May 11, 2000; and Annex 20 to the State’s communication of June 29,
2001.
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Annex 20. Final Report of Conclusions and Plan of Action of the Mesa de Concertación of the Bayano Zone, August
25, 1999. p. 21. Annex 32 to petitioners’ initial petition of May 11, 2000; and Annex 20 to the State’s communication of June 29,
2001.
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As the State indicated, such alternatives can be summarized as follows: “Compensate the settlers and return the lands
to the indigenous communities; exchange the lands occupied by the settlers; [or that] the settlers remain as per the terms of the
agreement of January 31, 1995, i.e. that they were there prior to said date, and that all those who entered afterwards must leave.”
State’s brief of June 29, 2001, received by the IACHR July 2, 2001. p. 5. Annex 13. Report and Recommendation of the Intergovernmental Commission. Annex 21 to the State’s communication of June 29, 2001.
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The National Commission on Political-Administrative Boundaries was created by Law 58 of July 29, 1998. According to
Articles 101 and 102 of that law, the Commission is permanent and is authorized to “advise and recommend the advisable and
definitive solution to the conflicts and discrepancies that may exist between boundaries of sub-districts, districts, and provinces of
the Republic. As for the demarcation of indigenous comarcas, it shall coordinate with the Bureau of Indigenous Policy of the Ministry
of Interior and Justice.”