20
Afterwards, the State granted a concession to the firm SOLCARSA.
Their
disagreement with that concession is based on the fact that the State did not
previously consult with the Community to determine whether the concession was
advantageous, and also because the works by SOLCARSA would be on 62,000
hectares of Awas Tingni territory. Therefore, the Community reacted and a General
Assembly was held, at which the decision was reached to draft a letter to denounce
the State.
To attain respect for the territory of the Community, its leaders made a map. The
Community has 13 kilometers in the mountains, and is located 21 kilometers from
Puerto Cabezas, alongside the municipality of Waspám, and according to the map its
borders are within the following boundaries: from Caño Cocolano going by Kisak
Laini, by Suku Was, Kalwa, Kitan Mukni, Kuru Was, Kiamak, Caño Turuh Wasni, Caño
Rawa Was, Tunjlan Tuna, to Kuah Sahna. This map shows the area they are
claiming. The leaders of the Community have referred to its territory, and have not
talked about hectares. The witness is not aware that doctors Anaya and Acosta
requested a title deed to 16,000 hectares for the Community in 1993. The State, in
turn, has argued that the extent of the territory claimed by the Mayagna is
excessive, bearing in mind the number of members of the Community determined by
the official census, and that the area claimed by this Community is not in proportion
to the area it effectively occupies. The Mayagna have had some conflicts with the
communities of Francia Sirpi, Santa Clara and Esperanza regarding land claims,
which have been settled peacefully. According to the State, part of its territory is
claimed by groups in the Eighteen Communities and in the Ten Communities, who
have stated that they possessed it before the Mayagna arrived, and that they had
allowed them to settle in their territory as a sign of good will. In face of this
statement, the witness points out that the territories of these communities are far
away from those of Awas Tingni and that, therefore, he does not understand why
there is a talk about a conflict over land, when there is no such conflict.
The witness explained that to go from the hamlet of Awas Tingni, where most of the
Community is concentrated, to Tuburús, also inhabited by members of the Mayagna
Community, they have to travel in “pipantes”, a type of canoe driven by oars, and in
dry weather this takes a day and a half, and during the rainy season two days and a
half.
The territory of the Mayagna is vital for their cultural, religious, and family
development, and for their very subsistence, as they carry out hunting activities
(they hunt wild boar) and they fish (moving along the Wawa River), and they also
cultivate the land. It is a right of all members of the Community to farm the land,
hunt, fish, and gather medicinal plants; however, sale and privatization of those
resources are forbidden.
The territory is sacred for them, and throughout the territory there are several hills
which have a major religious importance, such as Cerro Mono, Cerro Urus Asang,
Cerro Kiamak and Cerro Quitiris. There are also sacred places, where the Community
has fruit trees such as pejibaye, lemon, and avocado. When the inhabitants of Awas
Tingni go through these places, which date 300 centuries, according to what his
grandfather said, they do so in silence as a sign of respect for their dead ancestors,
and they greet Asangpas Muigeni, the spirit of the mountain, who lives under the
hills.
c.
Testimony of Theodore Macdonald Jr., anthropologist