The Comarca Kuna Yala is an autonomous territory within Panama consisting of a strip of land along the Caribbean coast and an archipelago of 365 islands. The Kuna indigenous people make up more than 90% of this district's population of 36 487 inhabitants and live in 49 communities (13 on the mainland and 36 on islands).

The autonomy of this territory now called Kuna Yala ("land or mountain of the Kuna") can be traced back to 1871 when it was ceded by Colombia to the Kuna people. However, when Panama gained independence from Colombia in 1903 it refused to recognize this autonomous status. Soon after independence the Panamanian government began to run a campaign of assimilation with the collaboration of young Kunas who had been educated and indoctrinated in state schools since 1915. This alliance persistently attempted to suppress Kuna traditions such as wearing the colorful mola blouses which became symbols of pride and resistance in return. After police forces had abused indigenous people in several villages armed Kuna rebels retaliated and attacked police stations on two islands in February 1925. In a peace treaty following this insurrection Panama recognized the autonomy of the Kuna and established the autonomous Comarca San Blas on their territory in 1938. In the wake of these events the Kuna overcame long-lived factionalism and comprehensively reorganized their social and political system under the guidance of traditional authorities. The adoption of an Organic Charter by the reunited Kuna Congress in 1945 can be regarded as the most tangible outcome of this process. This fundamental document contains an institutional design which is basically still in force and was recognized by a Panamanian law in 1953. This structure was recently further advanced in the "Ley Fundamental de la Comarca Kuna Yala" of 1995.

According to this legal basis, the autonomous institutional structure of Kuna Yala consists of five fundamental authorities. The Kuna General Congress (Onmaked Summakaled) is a fairly old institution dating back to 1872 when a shaman called on the widespread and sometimes discordant Kuna communities to federate and establish a common assembly. Today the Kuna General Congress is vested with the supreme political authority crafting general legislation in all fields of autonomous jurisdiction and managing numerous social and environmental projects. Each community sends representatives and disposes of one vote respectively regardless of population or size. Another traditional institution is the committee of the three Saila Dummagan. Since 1957 they have been directly elected by the Kuna people from a ring of candidates representing all communities. In spite of this immediate popular legitimation the Saila Dummagan are clearly subordinate to the Kuna General Congress when acting as representatives towards the Panamanian government, enterprises or international organizations. Thus official decalarations or the signing of documents require previous consultation with the Kuna General Congress. In contrast to these two traditional institutions the General Congress of the Kuna Culture (Onmaked Namakaled) was convened in 1972 on the initiative of a radical students' movement. Its particular mission was and still is the safeguarding of the spiritual life of the Kuna, for example through teaching the Ibeorgun religion in the bilingual and intercultural schools, as well as the preservation and development of their cultural patrimonies such as the traditional Kuna medicine. These three institutions on the level of the comarca are complemented on the level of each community by a local Congress House (Onmaked Nega) serving as decision-making body and a Sahila who is traditionally both the political and spiritual leader. He is in charge of managing day-to-day political, judicial as well as social affairs and sings in the Congress House the sacred history, legends and laws of the Kuna. In doing so he is interpreted by a circle of speakers and advisers. In conclusion this system of autonomous institutions on a traditional basis can be best qualified as a participatory democracy with theocratic elements.

Today the Comarca Kuna Yala is considered to be one of the best organized and wealthiest autonomous territories of indigenous people in the world. Due to this widely recognized success its structure served as a model for the establishment of similar autonomy arrangements in Panama and beyond. With Kuna de Madugandí (1996) and Kuna de Wargandí (2000) the Panamanian government has recently created two additional comarcas with a large share of Kuna people. However, a proposal issued in 2003 by representatives of all 68 Kuna communities to unify the three comarcas was rejected. The mixed records of two non-Kuna comarcas reproduced from the Kuna Yala model suggest that its specific institutional design with deep traditional roots cannot serve as a general paradigm. Rather individual solutions adjusted to individual needs are required.

13.03.08

Karl Kössler

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