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been no titling of indigenous communities since 1990, the formal power of land
demarcation and titling has not been exercised.
If an indigenous community wants to attain titling of its land, there is no State
institution or mechanism they can resort to. The only title that is found is that of the
Ten Communities, granted by the Harrison-Altamirano Treaty Commission between
1905 and 1917. Territory of the other communities has not been titled. There is one
other titling, as a result of the border conflict between Nicaragua and Honduras,
which took place in the early sixties, in favor of the communities along the Coco
River, but that titling is not in accordance with the needs and land use possession
patterns of the communities in that territory.
Interruption of land titling by
Nicaragua may be due to the State seemingly responding to crisis situations. In other
words, titling during the 1980s, essentially due to the war, was part of the strategy
to turn a military conflict into a political discussion. So after the elections and with
the climate of peace which came to be established, the State seems to have no
incentive to solve the historical claims of the communities.
One of the two consolidated maps included in the diagnostic study corresponds to the
Northern Atlantic Autonomous Region, and it summarizes the problem of overlaps.
All the communities, a total of 116, presented their claims as a block and they have
the characteristic of overlapping. Only the Tumarín Community does not have this
feature.
The phenomenon of overlaps is more complex in the Awas Tingni
Community, in the area between that Community and the Ten Communities.
The area claimed by Awas Tingni is roughly 90,000 hectares. The communities
argued that their cartographic projection based on oral history has to do with the
ethnography of the territory. Thus, bibliographic sources up to the 19th century state
that the Miskito communities, which received title deeds from the HarrisonAltamirano Treaty, are on the coast. The rest, from the coastal area inland, are
Sumo Mayagna communities, so the presence of Awas Tingni in that territory is not
an anomaly, it is not an exception, but rather represents the settlement pattern of
the Tuasca, Panamascas, and Wuga Communities. It is precisely because of the
expansion of the coastal communities and of the banana and logging companies, in
this case, that the communities withdrew toward the sources of the rivers. The
presence of Awas Tingni in this territory, in the upper basin of the Wawa River, is
part of the settlement pattern of the Mayagna communities in the territory.
The diagnostic study did not include the land claimed by Awas Tingni because their
case was being dealt with legally, and another study was being carried out by doctor
Macdonald, with a very similar methodology, which ensured the quality of that work.
The overlaps between Awas Tingni and the communities of Francia Sirpi, the
Eighteen Communities and the Communities of Puerto Cabezas, were all part of the
same pattern; there was nothing special, and the diagnostic study sought to
establish the characteristic features of those overlaps. What was most important in
the diagnostic study was to summarize all those overlaps, and not to focus on a
single case which had the same overlapping characteristics, which was not very
different from what happened in other areas, and where a study was being
conducted with the same qualities as that being carried out for the diagnostic study.
The land conflict between Awas Tingni and the group of Ten Communities was not
documented in the diagnostic study, nor was the conflict between Awas Tingni and
the Kukalaya Community, Esperanza Community, Santa Clara, and Francia Sirpi.