5
that might lead the agents of the State itself, or third parties acting with its acquiescence or its
tolerance, to affect the existence, value, use or enjoyment of the property located in the
geographic area where the members of the Mayagna (Sumo) Awas Tingni Community live and
carry out their activities.'” Accordingly, they stated that there is still “concern about [the State]
taking advantage of such procedures in order to grant third parties rights within Awas Tingni
territory”, for which reason they “urge Nicaragua [to] decide upon any interest held by third
parties in the territory already titled, in favor of the Awas Tingni, pursuant to the principles ruling
the rights to land the indigenous peoples have under […] international law.”
12.
That in its communication dated March 6, 2009, the Inter-American Commission stated
that it “welcomed the substantial progress in compliance with the Judgment[,] hoping the title
clearing stage will be effected as soon as possible […] without affecting the property rights already
acknowledged [and] considering it essential for the State to adopt all the protection and
surveillance measures that may be necessary so that the title clearing stage be carried out
without risk for the life and the physical integrity of the Awas Tingni Community members[; for
which reason it concludes] that compliance with the obligation of the State of Nicaragua to
guarantee the use and enjoyment of the territory belonging [to the beneficiaries] is still pending.”
13.
That the Court observes that paragraph 4 in the Judgment of August 31, 2001 includes
two aspects. On the one hand, the obligation of the State to delimit, demarcate and title the land,
and on the other hand, the obligation, until such actions have been done, to abstain from any acts
that might lead the agents of the State itself, or third parties acting with its acquiescence or its
tolerance, to affect the existence, value, use or enjoyment of the property located in the
geographical area in question. That is to say that, as far as the order by the Court in the fourth
operative paragraph of its Judgment is concerned, the duty regarding abstention remains in force
as long as the active obligation to delimit, demarcate and title has not been done, for which
reason once the latter is discharged, the former lapses.
14.
That on the basis of the information provided by the parties, the Court observes that the
State, in a ceremony that took place on December 14, 2008, conveyed unto Mr. Levito Jhonatan
Malean, who represented the members of the Community, the title to ownership over 73,394
hectares, thereby complying with the obligation to delimit, demarcate and title the lands in favor
of the members of the Awas Tingni Community, pursuant to the provisions in the fourth operative
paragraph of the Judgment delivered on August 31, 2001 (supra Having Seen Clause Number 1).
15.
That the Inter-American Court sets much store by the fact that the State has fully
complied with the reparation measures ordered by this Tribunal in the Judgment on the Merits,
Reparations and Costs of August 31, 2001, something which establishes an important legal
precedent in International Human Rights Law, since this one is a leading case on the matter of
recognition of the property rights vested in the indigenous peoples, as well as of their ancestral
values, usages and customs.
16. That the Court acknowledges the efforts deployed by the State to guarantee the rights of the
Indigenous Communities in the area and, in such regard, it reminds the State that compliance
with the Judgment does not exempt it from its duty to adopt the mechanisms it may consider
effective in order to ensure to all persons subject to its jurisdiction the free and full exercise of
their rights, pursuant to the general obligations the States Parties to the American Convention
have under Article 1(1) thereof.
17.
That the Court urges the State to keep promoting and protecting the rights of the
indigenous peoples in Nicaragua, in accordance with International Human Rights Law.
THEREFORE: