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Indigenous Rights in Panama (3 and Final)

  • 12 Aug 13
indigeni-panama3According to the Constitution of Panama, one of the principles on which the idea of a county is based is the Collective Property principle, meaning that the County’s lands or those of the indigenos communities canot be mortgaged, sold, sequestered or distrained, or alienated, because that would affect the Collective Property principle, which is at the base of the indigenous world. There are five counties on this basis in Panama: Comarca Kuna Yala: The Comarca Kuna Yala has no regulatory decree, but has the Fundamental Law of the Comarca Kuna Yala (a proposed law that modifies Law n.16 of 1953) and the statute of the Comarca (a legal proposal that regulates the Fundamental Law of the Comarca Kuna Yala), wich was accepted implicitly by the Panamanian State.
Comarca Embera-Wounaan Drua: Disciplined by Law. 22 of December 8, 1983; its Organic Charter was approved by Executive Decree n. 84 of April 9, 1999. Comarca de Kuna de Madungandi: disciplined by Law n. 24 of January 12, 1996; its Organic Charter was approved by Executive Decree n. 228 of December 3, 1998. Comarca Ngobe-Bugle: Disciplined by Law n. 10 of March 7, 1997; its Organic Charter was approved by Executive Decree n. 194 of August 25, 1999. Comarca Kuna de Wargandi: Disciplined by Law n. 34 of July 25, 2000; its Organic Charter was approved by Executive Decree n. 414 of October 22, 2008. There is a Law projected to create the Comarca Naso Tjer Di which is presently before the Indigenous Affairs Commission of the National Representatives Assembly.
In conclusion, article 127 of the Fundamental Law of Panama is the foundation of the course through which the indigenous peoples legalise their traditionally occupied ancestral territories: The State guarantees the indigenous communities the reservation of the necessaery lands and the collective properties thereof for reaching their economic and social welfare…”
 
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