Order of the
Inter-American Court of Human Rights
of April 3, 2009
Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The judgment on the Merits, Reparations and Costs rendered on August 31, 2001
(hereinafter “the Judgment”) by the Inter-American Court of Human Rights (hereinafter, “the
Inter-American Court” or “the Court”,) whereby the Court ordered the following, to wit:
[…]
4.
[…] the State must carry out the delimitation, demarcation, and titling of the
corresponding lands of the members of the Mayagna (Sumo) Awas Tingni Community and, until that
delimitation, demarcation and titling has been done, it must abstain from any acts that might lead the
agents of the State itself, or third parties acting with its acquiescence or its tolerance, to affect the
existence, value, use or enjoyment of the property located in the geographic area where the members of
the Mayagna (Sumo) Awas Tingni Community live and carry out their activities, […] in accordance with
what was set forth in paragraphs 153 and 164 of th[e] Judgment

[…]

2.
The Public Hearing for Monitoring Compliance with the Judgment, held on May 3, 2008,
intended for the Court to obtain information from the State regarding compliance with the third,
fourth, sixth and seventh operative paragraphs of the Judgment, as well as the comments by the
representatives of the Mayagna Awas Tingni Community members (hereinafter “the
representatives”) and the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the Commission”), which ended with an official record of the
agreements being signed between the Republic of Nicaragua (hereinafter “the State” or
“Nicaragua”) and the representatives, in the presence of the Commission, at the seat of the Court.
3.
The Order of Monitoring Compliance with Judgment issued by the Court on May 7, 2008,
whereby it declared that:
[…]
1.
[…] the State has complied fully with the third, sixth and seventh operative
paragraphs of the Judgment delivered […] on August 31, 2001.
[…] it will keep open the procedure of monitoring compliance with the pending
2.
aspect of this case, concerning the State’s obligation to delimit, demarcate and title the lands
that correspond to the members of the Awas Tingni Community and, until that delimitation,
demarcation and titling has been done, to abstain from any acts that might lead the agents
of the State itself, or third parties acting with its acquiescence or its tolerance, to affect the
existence, value, use or enjoyment of the property located in the geographic area where the
members of the Community live and carry out their activities […].

Select target paragraph3