38
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for damages caused by the construction of the hydroelectric complex.
The record also includes
evidence of the numerous actions brought before the Ministry of Interior and Justice to win protection for
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their lands.
146.
In addition to the foregoing are the many efforts made to sign the agreements,
resolutions, and decrees mentioned in the preceding section. Nonetheless, these agreements or
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commitments were repeatedly ignored by the State.
147.
In summary, the IACHR finds that by means of their representative institutions, for more
than four decades the alleged victims have taken initiatives of different sorts vis-à-vis the authorities of
the national, provincial, and local government requesting compensation for their resettlement, legal
recognition of their lands, and protection for their lands in the face of the invasions by non-indigenous
persons.
2.
Administrative procedures followed by the alleged victims
a)
Administrative procedures for eviction of illegal occupants
148.
The documents produced by the petitioners that are part of the record before the IACHR
include numerous administrative steps for the purpose of countering the settlers’ actions.
149.
In effect, on April 5, 2002, the traditional authorities of the Kuna Comarca of Madungandí
initiated an administrative proceeding of eviction of illegal occupants before the mayor of the district of
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Chepo, based on Article 1409 of the Judicial Code of Panama. Given the lack of response after nearly
a year had transpired since the filing of the request, on February 17, 2003, the authorities of the Kuna
Comarca of Madungandí began an administrative proceeding of eviction before the governor of the
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province of Panamá. In the context of that proceeding, on March 7, 2003, the representatives of the
…continuation
2009. Annex 63. Letter to the President of the Republic, November 18, 2004. Annex D to petitioners’ brief of additional observations
on the merits, received by the IACHR on December 18, 2009. Annex 65. Communication from the community of Wacuco to the
President of the Republic, March 17, 2005. Annex to State’s brief of June 15, 2007, received by the IACHR June 18, 2007.
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Annex 63. Communication to the President of the Republic, December 2, 2002. Annex D to Petitioners’ brief of
additional observations on the merits, received by the IACHR on December 18, 2009. Annex 63. Letter to the President of the
Republic, November 18, 2004. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on
December 18, 2009.
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Annex 59. Letter from the authorities of the Kuna Comarca of Madungandí to the Minister of Interior and Justice,
February 13, 2003, accusing several individuals of helping the settlers with illegal transactions to buy and sell lands of the Comarca.
Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009. Annex 60.
Letter from the Kuna General Congress of Madungandí to the Minister of Interior and Justice, August 14, 2003, requesting that he
seek a solution to the invasion of settlers. File 212, folio 39. Annex to the petitioners’ brief of May 7, 2007, received by the IACHR on
May 10, 2007. Annex 61. Communication to the Vice Minister of Interior and Justice of January 10, 2006. Annex D to petitioners’
brief of additional observations on the merits, received by the IACHR on December 18, 2009.
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This is expressed in the Resolution, “By which the Extraordinary General Congress of Madungandí, in the use of its
legal authorities, approves the filing of the legal action against the Panamanian State before the Commission on Human Rights, an
organ of the Organization of American States,” September 1999, whose seventh and eighth considering paragraphs indicate: “That
in these 23 years the traditional authorities of the Comarca of Madungandí have held hundreds of meetings, and entered into
agreements with various national, provincial, and local governmental authorities for the solution and responses to the problems of
the Comarca of Madungandí,” “That it has been a systematic mockery and a denial of justice on the part of the governmental
agencies on not carrying out the agreements signed to resolve the problems of land invasion. In addition the Ascanio Villalaz
Hydroelectric Complex has not represented any benefit whatsoever to our communities, but only problems.” Annex 62. Resolution of
the Extraordinary Kuna General Congress of Madungandí, September 1999. Annex E to petitioners’ brief of additional observations
on the merits, received by the IACHR on December 18, 2009.
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Annex 63. Annex to the petitioners’ brief of July 8, 2003, received by the IACHR August 4, 2003; and Annex D to
petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009.
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18, 2009.
Annex 63. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December