A/HRC/27/52/Add.1 IV. Main human rights concerns 27. National laws and programmes dealing with indigenous affairs provide a vital foundation on which to continue building upon and strengthening the rights of indigenous peoples in Panama. However, the Special Rapporteur notes that this foundation is fragile and unstable in many regards and that indigenous peoples’ rights are threatened in a number of ways. The following section outlines a series of problems that exist with regard to the enforcement and protection of the rights of indigenous peoples. 28. During the Special Rapporteur’s visit to Panama, many indigenous representatives told him that, as a rule, the Government does not respond to their complaints and concerns, especially about threats to their lands and natural resources, unless they take drastic measures. In fact, in recent years indigenous peoples have blocked the Inter-American Highway on a number of occasions in an effort to call attention to their situation. These efforts have resulted in the opening of dialogues with the Government and have led to tangible action on its part, but not before indigenous persons had been killed during violent clashes with the police. The Special Rapporteur considers that indigenous peoples and the Government should enter into an ongoing dialogue in order to address existing concerns in a peaceful and constructive manner. A. Land and natural resources Comarcas 29. As mentioned previously, the preservation and development of indigenous cultures in Panama is in large part due to the official recognition of their territories and autonomy as embodied in the comarca system. Titles have yet to be awarded for the areas adjacent to the Ngobe-Bugle comarca in Bocas del Toro Province, which were designated for demarcation within a period of two years under Act No. 10 of 1997. This has not been done in Bocas del Toro, and these lands continue to be threatened, particularly by tourism and real estate development. 30. Although lands within the comarca are the collective property of indigenous peoples, are protected against private takeovers and cannot be transferred to other parties, indigenous peoples have repeatedly expressed their deep concern at the presence of third parties on their territory, both inside and outside the comarcas. The situation has resulted in the loss of large tracts of indigenous land and natural resources and the erosion of the indigenous authorities’ decision-making powers and control over their lands. These outsiders include settlers, private farming, ranching and tourism companies, and illegal miners and loggers. 31. Although indigenous peoples have a certain degree of control over the development of renewable and non-renewable resources in the comarcas (see paras. 14 and 15), this is one of the chief concerns that they brought to the Special Rapporteur’s attention. Specific projects that are a cause of concern are discussed below (paras. 42–48). Indigenous lands without official recognition or protection 32. One of the primary concerns of the country’s seven indigenous peoples is the lack of sufficient official recognition and protection of their traditionally held lands and natural resources outside the comarcas. More than 100 indigenous communities are thought not to have land titles or any other form of official recognition of their rights over the lands that they have traditionally used and inhabited. Some of these communities live in protected areas, such as national parks. GE.14-07234 9