58
306
between the territories occupied by those indigenous peoples ; (iv) the Mutual Agreement of August 15,
1984, in which the Corporación Bayano undertook to “take all steps necessary to see the attainment of
the indigenous aspirations as regards the full demarcation of the Emberá Reserve in the areas of Ipetí
307
and Piriatí” ; (v) the Plan of Action adopted in 1999 by the Darién Sustainable Development Program,
under the Ministry of Economy and Finance, which recommended the demarcation, delimitation, and
marking of the lands of the indigenous communities of Ipetí and Piriatí; (vi) Article 2 of Executive Decree
267 of 2002, extending the scope of application of Executive Decree 267, which carves out an exception
308
for the adjudication of the collective lands of the Emberá population of Piriatí and Ipetí ; (vii) Resolution
No. D. N. 132-2003 of the National Bureau of Agrarian Reform of 2003, which suspends all processing of
requests for adjudication and transfers of possessory rights to lots situated within the area occupied by
309
the Emberá populations of Ipetí and Piriatí ; and (viii) the “Agreement on Action and Decision” signed in
November 2011, among the authorities of the Emberá people and representatives of the ANAT and the
Ministry of Interior and Justice, by which the state authorities undertake to proceed with the collective
titling of their lands.
219.
The IACHR cannot fail to note that despite the existence of acts that recognized, directly
and indirectly, the collective property rights of the Emberá communities over the lands of Piriatí and Ipetí,
the State, throughout the procedure before the IACHR, maintained contradictory positions that went from
expressly recognizing their territorial rights to denying the existence of a “special regime for the purposes
310
of tenure, conservation, and use by the indigenous population.” This ambivalence is a reflection of its
actions domestically, which, as the IACHR has been able to observe, have been characterized by the
signing of commitments, and the subsequent denial of them, which has resulted in the situation of formal
non-recognition of their property rights that continues to affect them, constantly breaching its
commitments.
220.
In addition, it has been considered proven that on October 27, 2009, the Emberá
communities of Bayano filed a request for adjudication of lands with the National Bureau of Agrarian
Reform, based on Law 72. As the IACHR has verified, while some steps were taken by the administrative
agencies in charge of processing that request, approximately three years after the procedures required
were initiated, to date their property rights over their traditional territory have not received effective
protection.
221.
Yet in addition to breaching the commitments acquired to formally recognize their
territorial rights, which the IACHR has considered proven, state authorities adjudicated plots situated in
the territory claimed by the Emberá people of Bayano to third persons, granting them individual property
titles. In the opinion of the IACHR, this entails a total repudiation of the legal obligations assumed by the
306
Annex 24. Agreement of September 6, 1983. Annex 14 to petitioners’ initial petition of May 11, 2000; and Annex 7 to
the State’s communication of June 29, 2001.
307
Annex 26. Agreement of Mutual Accord, August 15, 1984. Annex to the summary of the petitioners’ intervention during
the admissibility hearing of November 12, 2001.
308
Annex 42. Article 2 of Executive Decree 267 of October 2, 2002. “The following lands shall be exempted from the
application of this Decree: … 2. The collective lands of the Emberá population of Ipetí and Piriatí, in the district of Chepo, province of
Panamá.”
309
By Resolution No. D. N. 132-2003 of March 18, 2003, the Agrarian Reform Bureau of the Ministry of Agricultural
Development established as follows: “To suspend all processing of applications for adjudication and transfers of possessory rights
over lands situated within the area occupied by the Emberá populations of Ipetí and Piriatí, in the district of Chepo, province of
Panamá.” State’s brief of October 3, 2011, received by the IACHR October 4, 2011.
310
Specifically, the State in briefs before the IACHR argued: “The Emberá people of Bayano inhabit state lands and those
lands do not have a special regime for purposes of their tenure, conservation, and use by the indigenous population.”
Communication of the State of May 18, 2007, received by the IACHR May 22, 2007; and Additional observations on the merits
presented by the State by brief of April 27, 2010, received by the IACHR May 3, 2010. In another brief the State noted: “The case of
the Emberá of Ipetí and Piriatí is very different because they are two communities which in conjunction with other Emberá
communities are attempting to define their legal situation over the land, administration, and organization, a proposal that is in the
Legislative Assembly by the initiative of the interested parties. The legal definition has involved persons of black [ethnicity] and
peasants who share, with the Emberá the area known as the province of Darién.”