5
25.
On March 3, 1998, the Inter-American Commission approved Report No.
27/98, forwarded to the State on the 6th of that same month and year, and granted
Nicaragua 2 months to report on measures it had taken to comply with the
recommendations. In that Report, the Commission concluded:
141.
Based on the acts and omissions examined, […] that the State of Nicaragua
has not complied with its obligations under the American Convention on Human Rights.
The State of Nicaragua has not demarcated the communal lands of the Awas Tingni
Community or other indigenous communities, nor has it taken effective measures to
ensure the property rights of the Community on its lands. This omission by the State
constitutes a violation of Articles 1, 2 and 21 of the Convention, which together
establish the right to the said effective measures. Articles 1 and 2 oblige States to take
the necessary measures to give effect to the rights contained in the Convention.
142.
The State of Nicaragua is actively responsible for violations of the right to
property, embodied in Article 21 of the Convention, by granting a concession to the
company SOLCARSA to carry out road construction work and logging exploitation on the
Awas Tingni lands, without the consent of the Awas Tingni Community.
143.
[...] that the State of Nicaragua did not guarantee an effective remedy to
respond to the claims of the Awas Tingni Community regarding their rights to lands and
natural resources, pursuant to Article 25 of the Convention.
The Commission also recommended that Nicaragua:
a.
Establish a procedure in its legal system, acceptable to the indigenous
communities involved, that [would] result in the rapid official recognition and
demarcation of the Awas Tingni territory and the territories of other communities of the
Atlantic coast;
b.
Suspend as soon as possible, all activity related to the logging concession
within the Awas Tingni communal lands granted to SOLCARSA by the State, until the
matter of the ownership of the land, which affects the indigenous communities, [is]
resolved, or a specific agreement reached between the state and the Awas Tingni
Community;
c.
Initiate discussions with the Awas Tingni Community within one month in order
to determine the circumstances under which an agreement [could] be reached between
the State and the Awas Tingni Community.
26.
On May 7, 1998, the Inter-American Commission received the State’s reply.
The Commission stated that, even though said reply was presented
extemporaneously, it would analyze its content in order to add it to the case record.
As regards the recommendations of the Inter-American Commission, Nicaragua
stated that:
a)
In order to comply with the recommendations of the Commission with regard
to establishing a legal procedure acceptable to the indigenous communities involved,
which [would] result in the demarcation and official recognition of the lands of the Awas
Tingni and other communities of the Atlantic coast, the Government of Nicaragua has a
National Commission for the Demarcation of the Lands of the Indigenous Communities
of the Atlantic Coast.
To the same end, a draft Law on Indigenous Communal Property [has been] prepared,
with three elements:
1.
To make the necessary provisions for accrediting the indigenous communities
and their authorities.
2.
To proceed to demarcate the properties and provide title documents.
3.
Settlement of the dispute.
This bill endeavors to find a legal solution to the property of indigenous people or ethnic
minorities. The project will be consulted with civil society and, once there is a
consensus, it will be submitted to the National Assembly for discussion and subsequent