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He lived in the Northern Atlantic Region of Nicaragua from 1979 to 1990, from 1996
to 1998, and sporadically in 1999 and the year 2000.
He was one of the three main researchers and the general coordinator of the General
Diagnostic Study on land tenure among the indigenous communities of the Atlantic
Coast, carried out by the Central American and Caribbean Research Council. The
diagnostic study had two main objectives. The formal part sought to cartographically
reflect what the communities or some of the communities of the Caribbean Coast of
Nicaragua considered to be their communal lands and their uses. The tacit purpose
was modernization of the land registry. It also sought to define the boundaries of
the territories of indigenous communities, to further clarify which were the national
lands on which the State could act. The diagnostic study was carried out in the
course of implementing an agreement between Nicaragua and the World Bank.
The diagnostic study had five chapters.
In the first chapter, called General
Principles, it recommended that, given the history of the Nicaraguan State’s relations
with indigenous communities, it issue a statement expressing its willingness to solve
such problems. Another recommendation was to complete the diagnostic study
carried out by the Central American and Caribbean Research Council, as it was
estimated that there are between 280 and 300 communities on the Caribbean Coast
of Nicaragua, and the diagnostic study only covered about 50% of that total
universe. To attain a comprehensive view of the claims, of the overlaps, of the land
tenure problems generally, it was necessary to complete the diagnostic study. A
third aspect of the chapter on General Principles was to deliver the results of the
diagnostic study to the communities which had supplied the information. This is
something which is not usually done, and it is a key aspect to begin a process of
demarcation and land titling.
A second chapter, called Conflict Resolution, was very important because of the
existing overlaps in the area. Overlaps are areas where several communities’ use
and possession of the territory coincide.
The key recommendation to deliver the results of the diagnostic study to the
communities, through a massive workshop, was never carried out, nor have the
measures required to implement the recommendations of the diagnostic study been
taken. It was suggested that the State should resort to customary law and to
existing relations among the communities, through their traditional authorities, to
seek a solution to the conflicts. For this reason it was essential that solution of the
conflicts take place within a framework in which the Nicaraguan State were no longer
judge and party, which has been its historical role in this regard, for it to become
instead a facilitator State. The State did not follow up on the recommendations
made in the diagnostic study. Two bills were submitted by the executive branch of
government in 1998 in connection with the communal lands of the indigenous
communities of the Atlantic Coast, but none of those two projects was a response to
what had been reflected in the diagnostic study.
Nicaragua consulted with the indigenous communities about the preliminary draft of
the Land Titling Law for their lands. These consultations were attained through
pressure by the indigenous peoples. A proposal was submitted by the two Regional
Councils in September, 2000, and the existing perception at the national level is that
this proposal will not be approved, because the political will to do so does not exist.
The former INRA, currently the Ministry of Agriculture and Forestry, has no authority
for demarcation or titling of communal lands of indigenous communities. There has