A/HRC/27/52/Add.1
not yet been adopted, have nevertheless served as a basis for agreements between the
Government and the Kuna General Congress.
14.
Indigenous peoples enjoy a certain degree of decision-making power with respect to
the preservation and development of the natural resources in their comarcas. In the case of
renewable resources, some of the laws governing indigenous comarcas contain provisions
authorizing the development of natural resources within their borders but only under certain
conditions, which include the mandatory preparation of impact studies and the obligation to
obtain the authorization of the indigenous authorities. Forestry laws stipulate that
government agencies are to work in conjunction with the relevant indigenous congress
when granting licences for forestry development in comarcas and indigenous communities.
15.
Under comarca laws, indigenous authorities have less control over the development
of non-renewable resources, except in Ngobe-Bugle comarca where, thanks to recent
reforms, revenue from the development of such resources must be shared with the comarca.
In March 2012, the Government adopted a special regime for this comarca to protect its
mineral, water and environmental resources.14 The law absolutely prohibits the issuance of
licences in the Ngobe-Bugle comarca for mineral exploration or mining, with a few
exceptions, and revokes all licences previously issued for such purposes.15 It sets forth a
separate regime for hydroelectric projects and specifies that the authorization of the plenary
of the corresponding general, regional or local congress will have to be obtained for future
projects, which will then be submitted for referendum in the corresponding district within
the comarca or the regional or local district concerned.16 The law also states that at least 5
per cent of the revenue from these projects is to be funnelled back into the Ngobe-Bugle
community.
16.
The comarca system was strengthened in 2008 with the promulgation of Act No. 72
on the establishment of a special procedure for granting collective title to indigenous lands
outside the comarcas.17 Under this special procedure, the authorities of the indigenous
group or community in question are to submit an application to the National Directorate for
Agrarian Reform.18 Negotiation procedures are in place for the resolution of disputes when
such applications are contested.19 The land title awarded to communities through this
procedure is collective, indefinite, non-transferable, irrevocable and inalienable.20 The
Government and third parties are obliged to coordinate with traditional authorities in order
to obtain their free, prior and informed consent for the roll-out of projects on their
collective lands.21
17.
Panama also has a strong legal framework for the protection of the intellectual
property and traditional knowledge of indigenous peoples. A law was passed in 2000 which
provides for the establishment of a special collective intellectual property rights regime for
the protection and defence of the cultural identity and traditional knowledge of indigenous
peoples.22 Furthermore, the Criminal Code of 2007 contains provisions under which the
reproduction, copying or modification of works or traditional knowledge protected as part
of the collective rights of indigenous peoples are punishable offences.
14
15
16
17
18
19
20
21
22
6
Act No. 11 of 26 March 2012.
Arts. 3 and 4.
Art. 6
Gaceta Oficial No. 26193 (30 December 2008); regulations set forth in Executive Decree No. 223 of
29 June 2010, published in the Gaceta Oficial of 7 July 2010.
Arts. 5 and 6.
Art. 8.
Art. 9.
Art. 14.
Act No. 20 of 26 June 2000.
GE.14-07234