7
Communities. It indicated that, once this conflict had been resolved, the stage of
marking the boundaries of the lands began; this was interrupted on July 25, 2007,
because the “Ten Communities” group stated that it had a right to the ownership of
the lands. Consequently, in order to find a solution to this situation, the State again
urged the leaders of the two territories in dispute to hold a peaceful dialogue. Lastly,
the State indicated that a series of activities remained pending; these included
facilitating the settlement of disputes owing to overlaps with the territories of the “Ten
Communities” and concluding the stage of marking the boundaries.
21.
That, in their observations of July 12, 2004, the representatives stated that the
State had disregarded the results of the diagnosis presented to the Intersectoral
Demarcation and Titling Commission (CIDT). They also indicated that the State’s
intention of achieving a concerted agreement with the members of the Community and
then submitting it to the consideration of the institutions mentioned in Act No. 445,
represented an attempt to disregard the results of the diagnosis made by the State.
The representatives ended the process of negotiation with the State regarding the
delimitation and demarcation of the lands in order to concentrate on the process of
applying for delimitation, demarcation and titling pursuant to Act No. 445. They
indicated that the members of the Community had filed the demarcation application
before the Intersectoral Demarcation and Titling Commission (CIDT) of the North
Atlantic Autonomous Region (RAAN) “under protest,” on November 11, 2003.
22.
That the representatives also indicated, among their various observations, that:
(a) “the application of Act No. 445 has been paralyzed” owing to the State’s failure to
support its implementation; (b) the mechanisms and procedures that the State should
have provided had not received adequate financial and technical support for the
effective functioning of the responsible entitles to implement the process of
demarcating the indigenous lands and to resolve border disputes; (c) the Regional
Council of the North Atlantic Autonomous Region (CRAAN) should have initiated the
dispute settlement stage; however, there were no regulations on the implementation
of this stage and the Council did not have either the technical or the financial
capability; (d) there were obstacles to the functioning of the institutions involved,
owing to the dispute that arose between the autonomous authorities and the central
Government regarding the terms in which the communal titles should be incorporated
under Act No. 445; and (e) regarding the disputes relating to the borders of the lands
of the members of the Awas Tingni Community with other communities, the
Community have always been amenable to reaching an agreement.
23.
That, in their observations of April 21, 2008, the representatives indicated that,
following the settlement of the dispute with the Tasba Raya Community, the “dispute
settlement stage” was concluded, and the application could proceed to the “stage of
measurement and the marking of the boundaries,” both established in Act No. 445. In
this regard, they stated that the first phase of the boundary marking had been carried
out and was concluded on July 17, 2007. However, they indicated that “at a meeting
held in the Community on June 17, 2007, representatives of another group of Miskita
Communities known as “Ten Communities” announced unexpectedly the existence of
an alleged overlapping of territory with the Awas Tingni lands and requested the
settlement of this dispute.” The representatives stated that “since the claim of the “Ten
Communities” was announced, there has never been even a preliminary determination
by the demarcation institutions established by Act No. 445 as to whether there are
grounds that justify re-opening the dispute settlement stage[…] in the Awas Tingni
case.” They indicated that, in a communication to the President of “Ten Communities”
dated July 2, 2007, the State advised that the boundary of the part in which the “Ten