In 1972, the State began to the construction of a hydroelectric dam in the areas inhabited by the indigenous Kuna groups from Madungandí, and the indigenous Emberá groups from Bayano. The State removed many of the indigenous groups to allow construction of the dam and the subsequent flooding of the basin. However, the State failed to pay these groups the compensation that was originally agreed upon, and also failed to demarcate new territories for the indigenous groups in a timely manner. Without any title to their new lands, the indigenous groups struggled to keep non-indigenous squatters off of their land. The Court found that the State violated the Inter-American Convention.
Case Summary: Kuna Indigenous People of Madungandí and the Emberá Indigenous People of Bayano and their Members v. Panama, Case Summary