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According to oral history, the Awas Tingni Community migrated. The settlement
pattern of the communities is a pattern of territorial migration. One of the grounds
of the State for denying possession rights to the territory has been to argue that
these communities are nomadic. The Awas Tingni Community migrated from the
traditional settlement of the Mayagna communities and also of the Miskito
communities, seeking better conditions for their subsistence.
Since 1990 the State, through its corresponding agencies, has not given any title
deeds to the communities.
g.
Testimony of Brooklyn Rivera Bryan, an indigenous leader
He is a member of one of the Miskito communities, Lidaucra Sandy Bay, and he lives
in the city of Bilwi, in the Northern Atlantic Autonomous Region in Nicaragua. When
he held the position of Minister-Director of the Nicaraguan Institute for the
Development of the Autonomous Regions (INDIRA), he coordinated development and
social action plans of the State, at an institutional level, in the autonomous region
where most of the indigenous communities of Nicaragua are located. At that time,
he was aware of the policies and practices of other State institutions regarding the
indigenous communities, specifically those of MARENA and the Nicaraguan Institute
of Agrarian Reform (INRA).
In connection with the situation of indigenous peoples and the titling of their lands,
he points out that when he was Minister-Director of INDIRA he took steps to oppose
the granting of concessions. He first addressed MARENA, in charge of deciding on
such concessions. Since he did not obtain an appropriate response, he sent a
communiqué to all the other Ministers, who at that time showed no interest. The
situation was not dealt with.
INRA limited its work to addressing land claims by the cooperatives and landless
peasants, granting them a plot of land, 50 manzanas per family, accompanied by
technical assistance.
INRA did not undertake any responsibility toward the
indigenous communities, arguing that the law did not empower them to deal with
their claims, and there was no other specific agency to deal with them. INRA
transferred the claims of the indigenous communities to INDIRA, but the law did not
give it the authority to deal with those specific claims, nor did it do so with MARENA,
so the State lacked a legal instrument to address those claims.
When there were claims by the indigenous communities, he addressed the
authorities at INRA to see how they could be dealt with, and he discussed the matter
with high officials in the Cabinet. Even though INRA claimed that it had no authority,
it issued certificates of land granted to former military, army and police entities, and
the Nicaraguan resistance, lands which were within the territories of most indigenous
communities.
Subsequently, INDIRA sought other mechanisms, based on the activities of the
communities themselves, for which purpose it cooperated in the establishment of the
Organization of Indigenous Syndics, who are the legal administrators of the lands of
the communities. The Organization of Syndics of the Atlantic Coast of Nicaragua
(OSICAN) was born. This organization prepared a bill through extensive consultation
with the indigenous communities, and it was submitted to the National Assembly in
1996. As a result of that initiative, it was decided that the National Committee for
Demarcation of Lands of the Indigenous Communities should be set up, and this was
done in 1996, but it was not able to attain progress in the tasks entrusted to it.