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Wisconsin, Santa Clara, Aminrosita 1, Aminrosita 2, as well as the Eighteen
Communities and the Ten Communities, as they are called. This has made it
impossible to issue title deeds in an expeditious manner in response to the petition
or claim by the Awas Tingni Community. However, the office headed by the witness
has never denied that Community the right to land titling.
As a consequence of the draft bill submitted by the Executive to the Legislative
Assembly of Nicaragua in October, 1998, there have been a number of consultations
with the communities and the authorities of the Atlantic Coast autonomous region, as
well as with Nicaraguan civil society.
During the period covering the sixties and seventies, the IAN issued 28 title deeds to
the indigenous communities.
After 1974, during the Government of General
Anastacio Somoza, title deeds were issued for which he does not have precise
figures, but according to the records of the Regional Titling Office, roughly 68,000
hectares were granted.
The claim by the Awas Tingni Community is contradictory. Their request, according
to the competent authority on geographical referencing and cartography in
Nicaragua, which is the Nicaraguan Institute of Territorial Studies, INETER, covered
roughly 156,000 hectares.
No indigenous communities have received title deeds during the last 11 years, and in
the year the witness has been at the respective institution, there has been no land
titling in favor of indigenous communities, basically because the legal framework is
incipient. Therefore, “it would be entirely inadmissible for the institution […] to
officiously grant [indigenous title deeds] following criteria which perhaps would not
be in accordance with the spirit [to be] reflected in the law”.
The witness cannot specify the number of indigenous people there are in Nicaragua,
but that information is in the documents of the 1995 census, although an inventory
by the Office of Rural titling in 1991 listed 230 communities. 60 of these received
title deeds from the Titling Committee for the Mosquitia; 7 additional communities
were identified in a study by the University of Austin, Texas, under contract; 28
communities received title deeds during the IAN period, and 29 during the eighties,
under the institution called MIDINRA. Therefore, according to this basic calculation,
124 communities have received title deeds.
Regarding the claim by the Awas Tingni Community, the Office of Rural Titling
undertook the task of documenting their case, as it was contradictory in terms of the
area claimed, since Awas Tingni has boundary problems. In this sense, a document
submitted by the Inter-American Commission to the Court includes a map with the
location of an area of roughly fifty-some thousand hectares. The Institute of
Territorial Studies digitalized and geographically referenced that information, and it
gave a completely contradictory area.
The fact that there is this legal action and that it has not yet been decided is an
additional element which does not allow titling in favor of Awas Tingni, in an
unofficial manner and following criteria which might contradict the spirit of a law
which has not yet been adopted.
There has been criticism of the report prepared by Theodore Macdonald, which refers
to the methodological aspects of the study, as it favored oral sources and did not
compare them to archaeological sources, nor were ethnographic techniques