A/HRC/27/52/Add.1
also reported problems relating to hydroelectric projects and agribusinesses operating on
the lands to which they lay claim, as discussed below (section IV, subsection A).
11.
The Bribri are the smallest indigenous group in Panama and were included in the
national census for the first time in 2000. They live along the Yorkin and Sixaola rivers in
Costa Rica and Panama, in the districts of Guabito and Bocas del Toro. The Bribri on both
sides of the border maintain ties with each other and speak the Bribri language. The Bribri
people are still awaiting official recognition and protection of their territorial rights, and
this constitutes their chief human rights concern.
III. Legal and policy framework
12.
Panamanian laws governing indigenous affairs are undoubtedly among the most
advanced in the world in terms of the protection and promotion of the human rights of
indigenous peoples. The Constitution contains key provisions for safeguarding the rights of
the country’s indigenous peoples in respect of their identity,3 language,4 education,5
autonomy and lands.6 In overall terms, it stipulates that the State shall recognize and respect
the ethnic identity of indigenous communities and carry out programmes to promote their
cultures and material, social and spiritual values.7
13.
Regarding the right of indigenous peoples to their lands and other related rights, the
Constitution guarantees that the lands required by indigenous communities to ensure their
economic and social well-being will be set aside and that their collective ownership of
those lands will be maintained.8 Between 1938 and 2000, in what has been acknowledged
as being one of the foremost achievements in terms of the protection of indigenous rights in
the world, the Government established the five aforementioned comarcas, or indigenous
territories: Kuna Yala,9 Emberá-Wounaan,10 Madungandi,11 Ngobe-Bugle12 and Wargandi.13
The laws providing for the establishment of the comarcas set forth the right of indigenous
peoples to collective ownership of land within the comarcas and contain other provisions
regarding natural resources, governance, the administration of justice, economic activity,
culture, education and health. The Emberá-Wounaan, Madungandi and Ngobe-Bugle
comarcas each have their own charters. These charters were adopted by executive decree
and govern internal affairs as well as relations between the Government and the traditional
authorities. The Kuna Yala comarca has drawn up regulations which, although they have
3
4
5
6
7
8
9
10
11
12
13
GE.14-07234
Art. 90.
Art. 88.
Art. 108.
Arts. 124, 126 and 127.
Art. 90.
Art. 127.
Act No. 2 of 16 September 1938; Act No. 16 of 19 February 1953 on the establishment of San Blas
comarca, Gaceta Oficial No. 12042 (7 April 1953); Act No. 99 of 23 December 1998 on the
renaming of San Blas comarca as Kuna Yala comarca, Gaceta Oficial No. 23701 (29 December
1998).
Act No. 22 of 8 November 1983 on the establishment of the Emberá comarca in Darién, Gaceta
Oficial No. 19976 (17 January 1984).
Act No. 24 of 12 January 1996 on the establishment of the Kuna comarca in Madungandi, Gaceta
Oficial No. 22951 (15 January 1996).
Act No. 10 of 7 March 1997 on the establishment of the Ngobe-Bugle comarca and other measures,
Gaceta Oficial No. 23242 (11 March 1997).
Act No. 34 of 25 July 2000 on the establishment of the Kuna comarca in Wargandi, Gaceta Oficial
No. 24106 (28 July 2000).
5