50
maintains that part of the lands claimed by the Awas Tingni Community belong to
the State;20
g.
the Community has no real property title deed to the lands it claims;21
h.
on March 26, 1992, a contract was signed by the Awas Tingni Community and
Maderas y Derivados de Nicaragua, S.A. (MADENSA) for the comprehensive
management of the forest;22
i.
in May, 1994, the Community, MADENSA, and MARENA signed a “Forest
Management Agreement” by means of which the latter undertook to facilitate the
“definition” of communal lands and to avoid undermining the Community’s territorial
claims;23
Concession to the SOLCARSA corporation for the utilization of timber
Watson and Emilio Hammer Francis, President and Secretary, respectively, of The Ten Indigenous
Communities, to Virgilio Gurdián, Director of the Nicaraguan Agrarian Reform Institute (INRA);
September 11, 1998 certification by Otto Borst Conrrado, legal representative of the Tasba Raya
Indigenous Community; March, 1996 brief requesting “official recognition and demarcation of the
ancestral lands” of the Mayagna Awas Tingni Community, to the Regional Council of the RAAN; and
September 11, 1998 brief by Rodolfo Spear Smith, General Coordinator of the Indigenous Community of
Karatá, addressed to Virgilio Gurdián, Minister of INRA.
20
cfr. “General diagnostic study on land tenure in the indigenous communities of the Atlantic
Coast”, Final Report and General Framework, March 1998, prepared by the Central American and
Caribbean Research Council; testimony on public instrument number one of protocol number twenty of
notary Public Oscar Saravia Baltodano, which contains the “Forest Management and Use Contract” signed
on March 13, 1996, by Claudio Gutiérrez Huete, representing MARENA, and Hyong Seock Byun,
representing the SOLCARSA corporation; Ministerial order No. 02–97 of May 16, 1997, by the Minister of
MARENA; December, 1994 document “Cerro Wakambay Broad-leafed Forest Management Plan (Final
Edition)”, prepared by Swietenia S.A. Consultores for KUMKYUNG CO., LTD; and testimony by Brooklyn
Rivera Bryan before the Inter-American Court on November 17, 2000.
21
cfr. July 11, 1995 brief by María Luisa Acosta Castellón, attorney for the Awas Tingni
Community, to Milton Caldera C., Minister of MARENA; amparo remedy filed on September 11, 1995
before the Appellate Court of Matagalpa by María Luisa Acosta Castellón, as special agent for Jaime
Castillo Felipe, Marcial Salomón Sebastián and Siriaco Castillo Fenley, Syndic and Deputy Syndics,
respectively, of the Awas Tingni Mayagna Community, against Milton Caldera Cardenal, Minister of
MARENA, Roberto Araquistain, Director of the National Forestry Service of MARENA, and Alejandro Láinez,
Director of the National Forestry Administration of MARENA; March, 1996 brief requesting “official
recognition and demarcation of the ancestral lands” of the Mayagna Awas Tingni Community, addressed
to the Regional Council of the RAAN; “General diagnostic study on land tenure in the indigenous
communities of the Atlantic Coast, General Framework”, March 1998, prepared by the Central American
and Caribbean Research Council; testimony of Jaime Castillo Felipe before the Inter-American Court on
November 16, 2000; testimony of Charly Webster Mclean Cornelio before the Inter-American Court on
November 16, 2000; statement by Sydney Antonio P. on August 30, 1998; and statement by Ramón
Rayo Méndez on August 29, 1998; sworn statement by Miguel Taylor Ortez on August 30, 1998; sworn
statement by Ramón Rayo Méndez on August 30, 1998.
22
cfr. comprehensive forest management contract signed on March 26, 1992 by Jaime Castillo
Felipe, Siriaco Castillo, Charly Webster Mclean Cornelio, Marcial Salomón, Genaro Mendoza and Arnoldo
Clarence Demetrio, representing the Awas Tingni Community, and Francisco Lemus Lanuza, representing
Maderas y Derivados de Nicaragua S.A.; and “General diagnostic study on land tenure in the indigenous
communities of the Atlantic Coast. General framework”, March, 1998, prepared by the Central American
and Caribbean Research Council.
23
cfr. “General diagnostic study on land tenure in the indigenous communities of the Atlantic
Coast. General framework”, March, 1998, prepared by the Central American and Caribbean Research
Council; testimony of Guillermo Castilleja before the Inter-American Court on November 17, 2000; and
July 11, 1995 brief by María Luisa Acosta Castellón, attorney for the Awas Tingni Community, to Milton
Caldera C., Minister of MARENA.