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There are examples of this type of solution in the same area of Awas Tingni with the
neighboring communities of Francia Sirpi and Tasba Raya. What is sought is to
identify the area they want to manage jointly, and in this way to carry out the legal
process prior to an agreement among the parties. In some cases there will always
be conflict. The vast majority of overlaps suggest the possibility of an agreement
based on existing legal forms or a new legal instrument which recognizes what in
actual practice is joint use and possession by two communities.
No requests made by indigenous communities for the title deeds to the land to be
individual have been found. Claims are almost always collective, as a group of
members of a community claim collective possession and use rights. There is no
individual possession nor a concept of such a type of right as regards title deeds;
instead, what indigenous communities request is a collective title deed.
k.
Expert opinion by Roque de Jesús Roldán Ortega, attorney
The expert witness worked at the Colombian Agrarian Reform Institute (INCORA) for
18 years. At INCORA, he worked for two years in peasant-farmer land titling
programs, and for 16 in the office in charge of legalizing land in favor of Colombian
indigenous groups. He worked as head of the National Directorate of Indigenous
Affairs in the Ministry of the Interior. He has been an international consultant on
indigenous legislation in several Latin American countries.
He has carried out two consultancies in Nicaragua. In 1995 he did a consultancy for
MARENA, and in 1996 one for INRA. The consultancy for INRA took place within the
framework of a program for land administration in the Atlantic Region, which was
carried out by that agency with support from the World Bank. The consultancy
sought to determine the feasibility of land titling within the Biological Corridor
Program conducted by MARENA under the auspices of the World Bank.
He recently published a book under the title “Legality and Rights on the Atlantic
Coast”, which is a critical review of the Nicaraguan legal system as regards the issue
of the rights of ethnic minorities in the country, and it also refers to the attempt to
reform the legal system pertaining to land in Nicaragua.
In Nicaragua there are two indigenous sectors: one located in the Pacific region,
strongly tied to the market economy and quite integrated to patterns of national
culture, and the other located in the Atlantic region, which has strong features of its
traditional culture. The demands of indigenous groups on the Atlantic Coast are
based on historical reasons, due to millenary occupation of that territory by those
peoples, since they were already there at the time of conquest or European
occupation of that territory by the British and the Spanish. Archaeological and/or
anthropological studies show that these peoples had occupied those territories for
several centuries before discovery. This millenarian occupation is expressed in
substantive actions by the inhabitants in that territory, by activities for their
subsistence, such as hunting, fishing, and gathering.
Nicaragua has signed commitments to recognize indigenous lands, such as the
signing of the Harrison-Altamirano Treaty; there have been subsequent
commitments to legally recognize indigenous lands, especially those adopted in 1987
as modifications to the Constitution and the “Autonomy Statute”.
The policy for treatment of indigenous peoples in all countries of Latin America, since
the discovery, was to seek an accelerated integration of these peoples into the life
patterns of the rest of national society. That policy continued for a long time.