1. Fundamental concepts.
Region. The “Comarca” (region) is a political division and
administrative system, established by special laws and
"Organic letters", which has geographical boundaries and internal
regulations, but is not independent of the State. Two indigenous peoples: Nasos and Bribri have failed that the Panamanian State
recognition of its counties.
Traditional authorities.
In
the counties, the State recognizes and guarantees the existence of the General
Congress as traditional of the district authority, since it is their expression
and decision Agency. It recognizes and guarantees, moreover, local and regional
congresses in accordance with its tradition and its Charter. The decisions of
the General Conference are binding for the entire region. The General
Conference is chaired by a chieftain-General, which should be chosen
democratically. This authority's special function representation of the General
Congress of the Shire to the Central Government and autonomous entities. The
functions of the General Congress include:
- Approve plans and programs of social, economic and cultural development for the region.
- Enter into agreements and contracts with the organs of the State, with national and international agencies with legally recognized natural or legal persons.
- Approve or disapprove programs and projects for the region, which are subject to consideration by the Government, non-governmental organizations and international agencies.
The basic structure of organization in the regions are the local conferences, which are organized by community, and are widely representative community meetings' mode. These are bodies of local administration and their decisions are strict compliance to the authorities and members of each community.
Official authorities. The political presence of the Panamanian State in the counties is expressed in two ways: i) elected officials: deputies, mayors and representatives of district, according to an electoral organization equal to the rest of the country; and (ii) the administrative authorities as the regional governors of free appointment and removal by the Executive, and direct representative of the President of the Republic. In both cases the charges are usually occupied by indigenous people.
This dual structure: on the one hand, the traditional authorities recognized by regional laws, and on the other, traditional authorities, has been a permanent source of conflict that have affected governance and credibility in the Panamanian State.
2. Historical origins of the Guna people.
The Panamanian State recognizes 3 Gunas regions: (a) Guna Yala (law 16 1953), (b) Madugandi (Law 24 of 1996) and (c) Wargandi (Act 34 of 2000). Two Gunas, Pucuru and Paya, localized communities in the Darien National Park, have managed without success the creation of the Takarkunyala region.
They are descended from migrant tribes who arrived at Darien in the 17TH century from Colombia, occupying the northern region and the islands of the archipelago of the mulattoes, depopulated by the extinction of the Caribs, getting then near the Caribbean coast of San Blas as a result of the incursions of Spaniards. This migratory movement is described as follows by the Guna General Congress:
"Previously our Bagan (parents) inhabited regions of present Colombia and the Darien in Panama. Thus we have our grandparents populate in "Ular Sugun" region was led by Saila Gardao currently Cartagena (Colombia) From this region they moved to another river name Waa I gave, and from there emigrated to Saila Sele Diuar that Serrete the Spaniards called, it was populated by thousands of Indians. Then they continued to the "Gauna" River, named for being governed by the old Dad Gauna, now called "Cauca". Then they followed "Uirsub Uilarbad", now called "Uila".
Then went to the "Guguna" River, today Cucuta there moved to "Going Guenad" or "Guenadgan Diuar", river basin. Then they were moving to the region of the Atrato river and from there Tanela - Darien, until today when they populate the region of Guna Yala, Comarca of Madugandí, region of Wargandi, Paya and Pucuro in Darien, communities and regions of Colombia in Arquia and Cayman, communities that until 1903, were United in a single territory called "Tulenega region" ", which, in consequence of the separation of Panama from Colombia, suffer new product of the new territorial ordering of the Panamanian State, thus fragmenting the traditional regions occupied by the Gunas, staying separate divisions among themselves, four villages Gunas: Guna Yala, Madugandí, Wargandi and Dakarkunyala .
3. The Guna Yala Comarca.
The Guna Yala Region had in 2010 with 33.109 inhabitants (15,769 men and 17.340 women). This represents about 50% of the Guna population throughout the country.
3.1 General characteristics.
The territorial and political space of the region is organized into 4 districts:
Narganá corregimiento. Compose it communities mostly with small populations. Three socio-cultural realities have been identified: Cartí with a high cultural presence and where there is greater impact of tourism; Narganá River sugar and heart of Jesus, where have been established some government institutions and infrastructures; and Tiger and Ticantiqui, which are still in a more natural state in cultural aspects.
The Corregimiento of Ailigandi. Is in a central position in the region and has a significant presence of government institutions as the Provincial Directorate of education, the Institute professional and technical (IPT), primary school and first cycle.
The Corregimiento of Tubuala has less infrastructure and of Puerto Obaldia is formed by 3 border population communities not guna.
Agriculture, fishing, production of la Mola (handicraft of the Guna culture), tourism and the sale of coconut are the main economic activities of the settlers. Some work in offices of government institutions that have been created in the region, primarily in the education sector.
A large part of the population of the area depends on the fishery marina for their subsistence. Used methods and traditional technologies, such as hooks and lines, traps or baskets and canoes rudimentary to catch species economically important as snails, lobsters, and shrimp.
Coastal wetlands and rivers are important because they are areas of depressions containing fertile soils used for much of the agriculture in the region. Agriculture provides the local community with a source of income, as well as a source of food, through the sale of products to other areas.
On the other hand, there are islands, families who depend on business like kiosks and shops. The stores provide products varied population.
The Guna Yala Region had in 2010 with 33.109 inhabitants (15,769 men and 17.340 women). This represents about 50% of the Guna population throughout the country.
Map No. 1
Guna Yala Comarca
The territorial and political space of the region is organized into 4 districts:
Narganá corregimiento. Compose it communities mostly with small populations. Three socio-cultural realities have been identified: Cartí with a high cultural presence and where there is greater impact of tourism; Narganá River sugar and heart of Jesus, where have been established some government institutions and infrastructures; and Tiger and Ticantiqui, which are still in a more natural state in cultural aspects.
The Corregimiento of Ailigandi. Is in a central position in the region and has a significant presence of government institutions as the Provincial Directorate of education, the Institute professional and technical (IPT), primary school and first cycle.
The Corregimiento of Tubuala has less infrastructure and of Puerto Obaldia is formed by 3 border population communities not guna.
Agriculture, fishing, production of la Mola (handicraft of the Guna culture), tourism and the sale of coconut are the main economic activities of the settlers. Some work in offices of government institutions that have been created in the region, primarily in the education sector.
A large part of the population of the area depends on the fishery marina for their subsistence. Used methods and traditional technologies, such as hooks and lines, traps or baskets and canoes rudimentary to catch species economically important as snails, lobsters, and shrimp.
Coastal wetlands and rivers are important because they are areas of depressions containing fertile soils used for much of the agriculture in the region. Agriculture provides the local community with a source of income, as well as a source of food, through the sale of products to other areas.
On the other hand, there are islands, families who depend on business like kiosks and shops. The stores provide products varied population.
3.2 System of Government and its impact on the plans and water and sanitation programs.
Government entities, much as the international cooperation agencies, developing or planning to develop water and sanitation projects in the Comarca Guna Yala must take into account the following political and cultural aspects:
Any project that you want to implement in the Comarca Guna Yala shall conform to demands and needs, socio-cultural, economic and Habitat Guna; and it must be subjected to the rules governing the region, in terms of increasing and strengthening values Guna; tending more towards activities of self-management and/or self-financing (article 160 of the law fundamentally Guna).
If the projects do not negatively impact one or more communities of the region, nor endanger their renewable natural resources or not renewable for the same, just a notification to IDIKY5 for their perseverance and timely evaluation, to make sure their real effects when conditions may deem it convenient.
If projects can impact the ecosystem or biodiversity of all or much of one or more communities of the region, or may injure in one way or another the Guna socio-cultural values, irrespective of its amount, must pass through the General Guna Congress, in writing and in detail, prior to their implementation (Art. 160 of the law fundamentally Guna).
In accordance with the above, agencies that finance water and sanitation projects should proceed to the plan of interventions to the Guna General Congress (CGK), attempting to formalize an agreement on technical cooperation with the CGK, for execution. This Congress is presided over by three chiefs General, convener twice a year, and made up of five delegates from each community, chosen by the local Congress.
There is an Office of the General Guna Congress, which greatly facilitates the establishment of coordination meeting with the relevant authorities in the region in Panama City.
The execution of projects must involve IDIKY and local congresses of the beneficiary communities. The Local Congress, which presided over it the Sahila (boss), and his Deputy. This has a duty to abide by the all you mandates of the General Congress, dictate the rules that govern their communities and approve or disapprove any activity that is carried out in them.
At the local level for implementation of projects, it is possible to deal with intra-Community conflicts. In that scenario you can count on the Sapin Dummagan, person who has much influence in the community, and that contributes to the analysis of problems and decision-making, together with IDIKY and Commissioner of projects.
In the region, the traditional management structure coexists with the official authorities of the Government of Panama. In this case, the maximum authority is the regional Mayor, with duties of a Governor of the province, therefore, is the official representative of the Central Government before the General Congress and the region. There are two Members representing the region to the National Assembly and four Corregimiento representatives, who maintain a relationship of collaboration with traditional authorities.
When a Brazilian company sought to enter a project of processing of coconut in the Decade of the 70' was also rejected. Similar cases have occurred with tourist hotels managed by foreigners, as the Moody near the community of Rio cider and Barton in the Ailigandi community. Two national tourism businesses that were installed without the permission of the General Congress, were forced to dismantle and remove their property after a fruitless negotiating process.
Mining concessions that the national Government has given and is in the process of grant within the region are strong resistance on the part of the General, so Congress, which has even forbidden the Guna to participate in seminars and activities involved in government institutions for this purpose or by mining companies.
Homes of traditional, spacious and rectangular, built with timber resources in the area which are brought from mainland predominate in the region. Usually built two houses together with well defined areas: one is cooking and the other is used as a bedroom by the family. Today the Guna have built a significant number of housing block and up to two floors. The improper disposal of wastes, is the basic community problem, as they are deposited in the sea.
The lack of latrines is due to two main reasons: to) on the Islands, it is impossible to build them by the high water table; and (b) higher concentration of housing makes it impossible to build individual latrines at a distance of 5 meters from each House as required by the Ministry of Health (MINSA, by its acronym in Spanish), of Panama.
There are so called communal services which are built in the vicinity of the island, so falling sea evacuations. This practice has become one of the major pollution and diseases of people.
The practice of defecating in the sea has generated problems that are accepted by the communities themselves: (a) night - time evacuations in the beach areas constitute a risk especially for the elderly, among other reasons due to the possibility of snake bites; and (b) the evacuations outdoors against the modesty of the women.
Recently in the area of land in the region, 14 communities including Carreto, Armila and Aya Chu Kula, have requested the installation of septic tanks instead of latrines.
On the other hand, the region has achieved progress in the drinking water supply and collection of the garbage from the streets, which is managed by women in coordination with the General Congress.
Of 49 communities officially recognized by the CGK, 37 have aqueducts, 30 joint managers of rural aqueducts (JAARs, by its acronym in Spanish) have legal personality granted by the MOH. The larger deficit is located in the sector of Carti where cultural factors linked to distrust towards the "wagas" (persons not belonging to the guna people), have caused the rejection of Government water and sanitation programs.
Communities that have rural aqueducts are organized in the JAARs to manage and perform the monthly fee, which ranges between 0.25 $US $US 1.00 monthly. According to Yolaida Brown, the JAARs have the following strengths: made slow filter cleaning every month, every 15 days clean the water intake, is an acceptable charge the monthly fee, monthly reports carried the day, have legal personality, there are operators trained and women show great interest in participating.
In short, the region has strengths that can contribute to the success of water and sanitation projects: technical and organizational experience in the establishment of a system of provision of drinking water, and charging for the service, and the cleaning of streets. It also has infrastructure and logistics for the training, including the meeting room in each community, where General congresses and locals congregate.
Despite these strengths, there is still a deficit in the supply of drinking water and there is no septic tanks for manure management, becoming one of the leading causes of environmental pollution and disease.
The difficulties in the provision of drinking water, would be related to the following key issues identified by the Brown Lady: (a) insufficient participation of the community, despite the announcements made by the Sahila and the interest shown by women; (b) constant changes in the directives the JAARs joints as a result of emigration, which affects its institutional consolidation; (c) poor quality of water, possibly related to the poor condition of the pipes, as well as the lack of filters and unsuitable processes of general maintenance of the systems; and (d) the high costs of fuel and parts spares, as well as floods, which leads to suspensions of service.
A problem in the administration of the aqueducts is the way in which the local congresses have the resources collected. Each Congress is organized in specific committees to carry out the collection of different services (public telephone, airport, construction of housing, drinking water, JAARs, etc.).
Proceeds by each Commission is deposited into a single account to the Local Congress used to finance different activities according to its priorities. This "single box" mechanism (while the MOH promotes the administrative independence of the JAARs). This means that even though the JAARs maintain good levels of payment, does not necessarily tell the necessary resources to ensure their routine operations.
4. The Madugandí Comarca.
This region has a population of 3,305.00 people, 9% of the total estimated for the guna people.
The region is in a parcel of land which is within the province of Panama, specifically, in the District of Chepo, an area known as Alto Bayano. Madugandí consists of 12 communities, some of which were relocated by the construction of the Bayano Lake for the operation of the dam and hydroelectric plant in the 70's. The Panamerican Highway to the Darien Province bordering much of this territory.
4.1 General characteristics.
The pattern of settlement of the Guna de Madungandí is of nuclear type, equal to other areas of traditional settlement such as Wargandi, Pucuru and Paya, and Guna Yala.
After the flood of the Bayano Lake, subsistence agricultural production was severely affected after losing the best lands. This was the fundamental cause of anthropogenic pressure on forest resources.
The emergence of "community permissions" facilitated the sale of standing tree to loggers as very short-term income sources. This activity reduced the need for continuing the practice of traditional crops (subsistence farming) and greater reliance on commercial activities was given.
Agricultural production takes place in a traditional way, using slashing, burning and chuzo, and is made up of basic grains, rice and maize, tubers, coffee, achiote and banana. Fruit trees include avocado, banana and pixbae. Akua Yala marketed some root vegetables and fruits, and has recently increased the sale of fish, mainly tilapia.
After agriculture, river fishing is the way of life that is important. The division by gender of the work in this activity is remarkable: during the dry season when the rivers contain clear water, men are those who engage with homemade spear fishing in ponds or pools; While the rainy season is the woman that fishing with hook and networks in all the rivers and the Lake.
Currently they fish many tilapia, Shad, Bluegill and guacucos. Tilapia is that is sold on a larger scale. Hunting is another activity in importance, which is practiced with a shotgun on an individual basis.
4.2 System of Government and its impact on the plans and water and sanitation programs.
The region is made up of 12 communities: Akua Yala, Ikandi, Pintupo, Kapandi, Tiwarsigua, Piria, Nargandi, Guinubdi, Narasgandi, Dianwardumat, Ibedi, and ministries.
These communities have a traditional organizational structure. Each community is managed by a local authority, the Local Congress and the Sahila, decisions issued by these bodies are forced compliance for all members of the community can be noted that women in this local instance has an active participation in contrast to other regions of guna.
Government entities, much as the international cooperation agencies, developing or planning to develop water and sanitation projects should also seek to establish an agreement of technical assistance with the General Congress (ONMAQUET DUMAD), traditional administrative body for deliberation and decision in the region.
In the process of formalization of the agreement may be necessary to inform in detail the traditional Congress (ONMAQUET DUMAD PABSE COLED), especially the heritage and customs of the people. At an operational level, project implementing units should coordinate and permanently inform the Regional Congress (ONMAQUET DANALED), and the Local Congress (ONMAQUET NEGCUEBURGAD) of the beneficiary communities, in the person of the Sahilas.
4.3. Main characteristics of the supply of water and sanitation.
Homes, in terms of the building materials and basic services of water, sanitation and electricity, are among the worst situation at the national level.
This situation is attributed by the people to the negative impacts of economic, social and environmental type caused by the hydroelectric dam of Bayano and ecological damage resulting from the work.
For this reason, the inhabitants of the region, which has on its territory the hydrographic basin of Bayano, along with the communities of Piriatí and Ipetí Emberá sued the State before the Inter-American Commission on human rights, case No. 12.354, for breach of the agreements for compensation for its construction.
In addition, the General Congress has criticized the lack of will of the Government for a policy of sanitation and housing improvements, as well as to curb the illegal occupation of their land by settlers.
Good news for Madugandi Kuna (2015).
This region has a population of 3,305.00 people, 9% of the total estimated for the guna people.
Map No 2
Madugandí Comarca
The pattern of settlement of the Guna de Madungandí is of nuclear type, equal to other areas of traditional settlement such as Wargandi, Pucuru and Paya, and Guna Yala.
After the flood of the Bayano Lake, subsistence agricultural production was severely affected after losing the best lands. This was the fundamental cause of anthropogenic pressure on forest resources.
The emergence of "community permissions" facilitated the sale of standing tree to loggers as very short-term income sources. This activity reduced the need for continuing the practice of traditional crops (subsistence farming) and greater reliance on commercial activities was given.
Agricultural production takes place in a traditional way, using slashing, burning and chuzo, and is made up of basic grains, rice and maize, tubers, coffee, achiote and banana. Fruit trees include avocado, banana and pixbae. Akua Yala marketed some root vegetables and fruits, and has recently increased the sale of fish, mainly tilapia.
After agriculture, river fishing is the way of life that is important. The division by gender of the work in this activity is remarkable: during the dry season when the rivers contain clear water, men are those who engage with homemade spear fishing in ponds or pools; While the rainy season is the woman that fishing with hook and networks in all the rivers and the Lake.
Currently they fish many tilapia, Shad, Bluegill and guacucos. Tilapia is that is sold on a larger scale. Hunting is another activity in importance, which is practiced with a shotgun on an individual basis.
4.2 System of Government and its impact on the plans and water and sanitation programs.
The region is made up of 12 communities: Akua Yala, Ikandi, Pintupo, Kapandi, Tiwarsigua, Piria, Nargandi, Guinubdi, Narasgandi, Dianwardumat, Ibedi, and ministries.
These communities have a traditional organizational structure. Each community is managed by a local authority, the Local Congress and the Sahila, decisions issued by these bodies are forced compliance for all members of the community can be noted that women in this local instance has an active participation in contrast to other regions of guna.
Government entities, much as the international cooperation agencies, developing or planning to develop water and sanitation projects should also seek to establish an agreement of technical assistance with the General Congress (ONMAQUET DUMAD), traditional administrative body for deliberation and decision in the region.
In the process of formalization of the agreement may be necessary to inform in detail the traditional Congress (ONMAQUET DUMAD PABSE COLED), especially the heritage and customs of the people. At an operational level, project implementing units should coordinate and permanently inform the Regional Congress (ONMAQUET DANALED), and the Local Congress (ONMAQUET NEGCUEBURGAD) of the beneficiary communities, in the person of the Sahilas.
4.3. Main characteristics of the supply of water and sanitation.
Homes, in terms of the building materials and basic services of water, sanitation and electricity, are among the worst situation at the national level.
This situation is attributed by the people to the negative impacts of economic, social and environmental type caused by the hydroelectric dam of Bayano and ecological damage resulting from the work.
For this reason, the inhabitants of the region, which has on its territory the hydrographic basin of Bayano, along with the communities of Piriatí and Ipetí Emberá sued the State before the Inter-American Commission on human rights, case No. 12.354, for breach of the agreements for compensation for its construction.
In addition, the General Congress has criticized the lack of will of the Government for a policy of sanitation and housing improvements, as well as to curb the illegal occupation of their land by settlers.
Good news for Madugandi Kuna (2015).
As ordered by a judgment of the Inter-American Commission on Human Rights (IACHR) last October 2013, the government has committed to pay due compensation to the gunas of Madugandí and Emberá of Bayano, who lost their land after the construction of the Bayano dam in 1976.
The presidency said in a statement that the Cabinet appoint the Ministry of Finance to execute the corresponding payment of $ 2.6 million set by the Commission pending.
'This payment will be delivered in full, without any deductions for taxation. If deadline, the Panamanian State shall recognize the corresponding to bank interest on the full amount owed to the beneficiaries of the judgment amount payment ', the statement of the Presidency.
The presidency said in a statement that the Cabinet appoint the Ministry of Finance to execute the corresponding payment of $ 2.6 million set by the Commission pending.
'This payment will be delivered in full, without any deductions for taxation. If deadline, the Panamanian State shall recognize the corresponding to bank interest on the full amount owed to the beneficiaries of the judgment amount payment ', the statement of the Presidency.
5. The Guna of Wargandi.
This region has a population of 1,133 inhabitants, 2% of the total estimated for the guna people.
5.1. General characteristics.
This region has a population of 1,133 inhabitants, 2% of the total estimated for the guna people. The region is a globe of land that it is within the province of Darién, district of Pinogana., Corregimiento from Yaviza. They have fought hard to preserve the cultural patterns ancestral, they are very traditional, and the creation of school at Wala has been recent.
The economy of the Guna in this region is based mainly in the sale of agricultural products such as coffee, bananas, avocado and other niche products.
Map No. 3
Guna Wargandi Comarca
However, in the last decade the region was dragged by the maelstrom of logging in the province of Darién, once the Government decided to grant Community permissions 9 felling trees timber. The expansion of indiscriminate logging, accompanied of the opening of penetration by the jungles, affecting roads seriously the natural habitat and wildlife in general.
The river Chucunaque, in particular, was threatened seriously. Logging concessions also hit the region, when then traditional authorities "community permissions" turned into a the main sources of income, causing great damages to its forest.
5.2 System of Government and its impact on the plans and water and sanitation programs.
The region is made up of 3 communities: Nurra, Wala and Morti. These communities have a traditional organizational structure. Each community is directed by an own authority. They organize session’s night with the participation of all its members to address issues of common interest.
Taking into account these characteristics the governmental entities, as much as the international cooperation agencies, to develop or they plan to develop projects in water and sanitation should be prepared to perform an arduous process of consultation and negotiation, through General meetings with each of the communities, which are led by the Sahilas and his advisers. In some cases these processes consultation, to achieve the approval of a project have been extended up to 3 days or wait for a next session of Congress.
5.3. Main characteristics of the water supply and the sanitation.
The Comarca Guna de Wargandi is considered a nature reserve area, that form of the Mesoamerican Biological Corridor, which prohibits the intensive logging, and any other activity that goes against the biodiversity and conservation of the natural resources of this area.
This provision included in its regional law, establishes a legal framework favorable for the project in regards to conservation and protection of water sources, related with the construction/rehabilitation of aqueducts and constructing latrines.
In addition, in the last five years, communities have had the experience coordinating activities of implementation of projects with the Darien-IDB sustainable development program.
In any case, the conditions of dwellings as well as supply drinking water, basic sanitation and electrification have failed dealing with the demands of the communities, despite the effort Government performed.
6. Suggested strategy.
The design and implementation of projects of water and sanitation in the indigenous regions is more complex than it seems. The solution to this problem is directly related to social, environmental, economic and political aspects. These projects should be part of the agenda of the indigenous communities and their leaders.
The improvement of water and sanitation should be an objective closely related to the strengthening of the General congresses and local institutional capacity for an effective empowerment of the projects.
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