27 necessary for it to be socially viable, there must be the social support and legal framework required to ensure that these operations, even if they are technically successful and economically viable, do not harm the rights that the communities inhabiting those forests may have. For all these reasons, the World Wildlife Fund found that the case of this contractual relationship between Awas Tingni and MADENSA was a very interesting possibility to show that this type of forest management can be done. The fact that MADENSA had from the start accepted the presence of the community was significant progress as compared to the case of a concession previously granted to a Taiwanese company, in which the fact that there were indigenous communities in the area was simply not recognized. Before beginning the project, the following government officials were contacted: Dr. Jaime Incer, then the Minister of MARENA; Roberto Araquistain, the Director of the National Forestry Service; Eng. Brady Watson, in charge of the Administration of Forests on Public Lands (ADFOREST), and James Gordon, the Delegate of IRENA, now MARENA, in Puerto Cabezas. In the framework of discussions with other officials, the starting point was that while the Community did not have formal title to the land, implicit ownership was recognized due to occupation of those lands, which would eventually have to be formalized. In other words, it was known that at least a part, if not all the area covered by the management plan of MADENSA, was communal land of the Awas Tingni Community. There was also the recognition that as a result of this process, demarcation of that communal land would take place, because a clear legal framework is one of the fundamental conditions for sustainable management. The first contact the witness had with the Community was in early 1993. They were accompanied by representatives of IRENA and of the National Forestry Service. They held meetings at Puerto Cabezas with some leaders and members of the Community. Afterwards they traveled to Awas Tingni to get to know the rest of the Community and the conditions under which they lived, as well as to hear people’s opinions directly. By talking with the leaders of the Community at Puerto Cabezas and with members of the Community, they became aware of two main concerns. One was the contract which the Community had signed with MADENSA, a 25 year contract, which made them feel trapped, and the second concern, the main one for them, was the uncertainty they felt with regard to land tenure. The Community was not so much interested in exploitation proper of the forest or in the resources it could provide, but rather in obtaining funding for the necessary studies to finally be able to carry out the demarcation of their lands. These were their main concerns. It was agreed with MADENSA and with IRENA that the 25 year contract that Awas Tingni had signed with the former would be renegotiated. For this, technical and legal advisory services would be required, because they had been requested by the Community, so as to negotiate better conditions. The role of the World Wildlife Fund was to ensure that such support be provided to the Community. The WWF helped set up a technical legal team, which began with participation by James Anaya, from the University of Iowa, and Hans Ackerson, a forestry expert who had provided advisory services to Nicaragua in the area of forestry. An important obstacle in the negotiation of this process was the lack of legal precedent to serve as a reference point for this type of arrangements. Another

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