2
ii.
On January 23, 2003, the State ratified and published Act
No. 445 on the Regime for the Communal Property of the
Indigenous Peoples and Ethnic Communities of the Autonomous
Regions of the Atlantic Coast of Nicaragua and of the Bocay, Coco,
Indio and Corn Rivers, which establishes the necessary legal
procedures for legal recognition of the Community’s lands;
iii.
“It continues […] not to grant forestry permits in the areas
claimed not only by the Awas Tingni [Community], but also by the
neighboring communities of La Esperanza, Santa Clara and Francia
Siripi.” However, “once the dispute settlement stage established in
Act No. 445 has been exhausted, the real area in which the Awas
Tingni [Community] conducts its traditional activities will be
determined and it will proceed immediately with the process of
demarcation and titling in favor of the Community [���]”;
iv.
The Community submitted a request for the demarcation of
territory on November 11, 2003, following a diagnosis by the
Intersectoral Demarcation and Titling Commission (CIDT), “in June
and July 2003.” As stipulated by Act No. 445, that commission
indicated that there were disputes among the neighboring
communities and that, “consequently, once the dispute settlement
stage established in Act No. 445 had been exhausted, the real area
in which the Awas Tingni [Community] conducts its traditional
activities could be determined”; and
v.
It has adopted measures to protect the area claimed, “based
on the presence of members of the Nicaraguan Army, with the
corresponding authorization of the Community.”
(b)
Regarding the provisional agreement on rights of use, occupation
and exploitation of the property, that:
i.
The members of “the Community […] signed a Community
Forestry Exploitation Agreement [on June 27, 2003, […] covering
an area of 1,000 hectares.” However, the members of “the
Community did not put the Agreement into effect, but merely
ceded their rights to Amerinica Exotic Woods S.A[,] which
submitted three minimal exploitation plans covering a surface area
of 150 hectares”; and
ii.
“It recognizes that the members of the Awas Tingni
Community own 100% of the value of the standing timber of the
exploitable species in this area.” Despite this, the Community has
only exploited 20% of the authorized amount of timber.
(c)
Regarding the participation of the beneficiaries in the
implementation of the measures ordered by the Court, that “it had urged
the members of the Community to initiate a bilateral dialogue mechanism
to seek […] institutional and legal mechanisms that would facilitate the
prompt and effective titling of the land in favor of the Awas Tingni
Community, which has been an essential aspect of the Government’s
intentions.” In addition, it reiterated that eight meetings had been held
between State authorities and members of the Community between
November 2003 and July 2004. These meetings were proposed by both
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents