4
the Community. In its turn, the Ministerio Público [Office of the Public Attorney] confirmed it was
inquiring into the reports and receiving the statements, in order to institute criminal proceedings.
The State affirmed that “the aim of the Government is to settle the dispute in the most peaceful
manner [, and it made it clear] that at no time [would] it act to favor personal interests or those
of social groups […and] it indicat[ed] that both the National Police and the Army were alert and
ready to prevent any irregular event.”
9.
That the State reported on December 22, 2008 that “it ha[d] complied with the titling […]
covering [73,394] hectares […], title thereto “having been received by Mr. Levito Jonatan Malean,
Syndic of the Awas Tingni Community, in the course of the historic act of Just Redress by full
recognition of the Communal Property system.” Furthermore, it attached the communication
signed by Mr. James Anaya, Special Rapporteur on the human rights and situation of the
indigenous people, who expressed “satisfaction with the recent action taken by the Government of
Nicaragua in order to finish delimiting and titling the traditional territory of the Awas Tingni
[C]ommunity [, which] is an important step towards compliance with the Judgment of the Court
[…] rendered on August 31, 2001 [, and] reveals a commitment by the Government of Nicaragua
regarding such matters and fosters hopes for a new age in the relations between the Government
and the indigenous people to be dawning.”
10.
That for the purpose of settling the territorial dispute between the “Ten Communities” and
the “Awas Tingni Community”, the Consejo Regional Autónomo de la Región Autónoma Atlántico
Norte [Northern Atlantic Self-Governing Region Autonomous Council] (hereinafter “CRAAN”)”
issued Administrative Provision No. 44-25-06-2008 dated June 25, 2008. The representatives
reported in their brief dated December 2, 2008 that such provision mentioned “considering that,
regarding the territory of the “Ten Communities”, the diagnosis stage previous to communal land
delimiting and titling in such territory ha[d] not yet started, identifying the conflict in the province
may be foreseeable in the due course of its review and amendment, unless the disputes are
considered settled, provided they always be adjusted to the usages and customs prevalent among
Indigenous Communities”, as well as “[e]stablishing the rights to occupation and usufruct for life
over the lands obtained by YATAMA, ARMINGOB and AMIR former combatants who, under
pacification agreements relating to the armed conflict in the ‘80s, were granted such rights in
lands denominated as collective lands and located in territories of the Awas Tingni, the Ten
Communities or the Tasba Pri [Tasba Raya].” On account of the foregoing, it contradicted
Resolution No. 26-14-02-2007 issued by the CRAAN, wherein it was pointed out that “[the title to
t]he lands granted by the State of Nicaragua […] must be cleared by the State according to the
procedures established in Law [No.] 455.” As regards the foregoing and before the act of titling
the lands, the representatives considered that “the idea remain[ed] that the case [would be]
reopened once the [Ten] [C]ommunit[ies] start[ed] their own titling procedures, [casting] doubts
about the legal certainty the Awas Tingni might have concerning their rights to the titling of their
ancestral lands, delimitation of which [had] already been defined, decided and ratified twice as
extending over 73,394 hectares [, and they contended that] action [was] intended to be taken
against the very wording of the law and in order to drive Awas Tingni Community members to
despair by keeping them waiting for tilting and under the threat of having such lands entered and
occupied by third parties Law [No.] 445 rejects.”
11.
That on January 9, 2008 the representatives informed that the conveyance to the
Community of title to 73,394 hectares “was a step of paramount importance towards compliance
with the Judgment”, and that “[t]he Community [was] generally pleas[ed] with the titling and
realiz[ed] it represent[ed] an important achievement both for the Awas Tingni and for the other
indigenous peoples in Nicaragua, as well as for the indigenous peoples throughout the world.”
However, they pointed out that “the Government has not yet complied fully with the second part
of Operative Paragraph Number 4 in the Judgment of August 31, 2001, wherein Nicaragua is
ordered 'until […] delimitation, demarcation and titling ha[ve] been done, to abstain from any acts