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

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