A/HRC/27/52/Add.1
outside the boundaries of the comarcas. Act No. 72 states that the executive branch shall,
by executive decree, accord recognition to the traditional form of organization, culture and
authorities of the indigenous peoples holding collective title to their lands and that it shall
establish procedures for coordination between those authorities and the Government.37
53.
Notwithstanding such formal protection mechanisms, indigenous peoples have
expressed concern that, in their view, the State does not duly respect the indigenous
authorities and that it frequently fails to coordinate or consult with those authorities
regarding legislative, political and administrative decisions that affect them, both within
and outside the boundaries of the comarcas. In particular, there has been a lack of
consultation on extractive and hydroelectric activities and on the development of related
legislation. A number of laws are said to have been adopted in recent years without
consulting indigenous peoples, including legislation on communal expropriation,38 wind
power concessions39 and amendments to the Criminal Code.40 It has also been claimed that
the bills referred to in paragraph 21 were submitted to the National Assembly without
involving the indigenous authorities of the comarcas and indigenous territories.
54.
Those regions where government authorities are present within indigenous territories
suffer the most from a lack of coordination, and this is particularly true of the border areas
inhabited by the Kuna, Emberá and Wounaan peoples. The Special Rapporteur has been
informed that the National Border Service of the Republic of Panama has failed to
coordinate its activities with the indigenous authorities of the Kuna Yala and EmberáWounaan comarcas. The Ministry of Public Security has stated that, in general, the police
coordinate their activities with the comarca authorities but that State authorities have
special jurisdiction and responsibility in certain regions, such as the border areas in Kuna
Yala and Darién.
55.
One cause of concern that has arisen in the past few years is related to the 2011
elections in the Ngobe-Bugle comarca. In 2010, by means of Executive Decree No. 537 of
2 June 2010, the Government amended provisions of the administrative organizational
charter of the Ngobe-Bugle comarca relating to procedures for the election of comarca
authorities. According to the Electoral Tribunal, the amendments were of a technical legal
nature and were designed to correct legal provisions governing the election of authorities
contained in the administrative organizational charter that were thought to be in
contradiction with the law which authorized the establishment of the Ngobe-Bugle
comarca. It is clear that the indigenous peoples of the comarca were not duly consulted
regarding those changes. The amendments were in place by the time that the Electoral
Tribunal organized and monitored the 2010 elections, during which 1,740 comarca
representatives were elected. According to the Electoral Tribunal, 23.9 per cent of the
population voted in the elections, but a number of representatives of the Ngobe-Bugle
people claim that the electoral process was manipulated by the Government and that the
results are not legitimate.
56.
The Special Rapporteur has received information which indicates that indigenous
women often suffer from discrimination within their own communities, particularly in
terms of their participation in traditional systems of representation. Such allegations give
cause for concern and warrant attention.
37
38
39
40
14
Art. 15.
Act No. 20 of 2009.
Act No. 18 of 2013.
Act No. 44 of 2013.
GE.14-07234