17
79.
On November 21, 2000, Marco Antonio Centeno Caffarena, General Director of
the Office of Rural Titling of Nicaragua, sent copies of 8 documents (supra paras. 63
and 64).5
80.
On December 20, 2000, in response to a request by the Court, the State
submitted a copy of one document (supra para. 65).6
81.
The Commission submitted 3 documents together with its note of January 29,
2001 (supra para. 66)7.
82.
On August 10, 2001, together with the final written pleadings, the
Commission submitted one document as an annex to that brief (supra para. 71).8
MARENA, and Efraín Osejo and others, members of the Board of Directors of the Regional Council of the
RAAN; and document “Indigenous land in the current Nicaraguan situation” and “The institutions of the
State”, in pages 80 to 89 and 119 to 128 of the March, 1998 “General diagnostic study on land tenure in
the indigenous communities of the Atlantic Coast. General framework”, prepared by the Central American
and Caribbean Research Council.
5
cfr. copy, certified by notary public, of the February 22, 1983 certificate of registration in the
Public Real Estate Registry of the Department of Zelaya, on February 10, 1917, of property No. 2112;
copy, certified by notary public, of the February 22, 1983 certificate of registration in the Public Real
Estate Registry of the Department of Zelaya, on February 10, 1917, of property No. 2111; copy, certified
by notary public, of the March 7, 1983 certification of page 95 of the book of the Mosquitia Titling
Commission which contains registration No. 111 of February 9, 1917, in the Public Real Estate Registry of
the Department of Zelaya; a September 15, 2000 note by Ramiro García Vásquez, archaeologist of the
Anthropological Research Department at the National Museum, addressed to Marco Antonio Centeno
Caffarena, General Director of the Office of Rural Titling; document “Ethnographic expert opinion on the
document prepared by Dr. Theodore Macdonald, “Awas Tingni an Ethnographic Study of the Community
and its Territory”, prepared by Ramiro García Vásquez; document “Ethnographic discussion on the Sumo
population, an ethnic group that settled a part of the autonomous territory of the Northern Atlantic,
Nicaragua”, prepared by Ramiro García Vásquez; integrated 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 the document “Six individual
communities of the Northern plain of the Coco River: Francia Sirpi, Wisconsin, Esperanza, Santa Clara,
Tasba Pain, Miguel Bikan” and “Ethno-map. Six individual communities of the Northern plain of the Coco
River: Francia Sirpi, Wisconsin, Esperanza, Santa Clara, Tasba Pain, Miguel Bikan”, corresponding to
pages 153 to 162 of the March, 1998 “General diagnostic study on land tenure in indigenous communities
of the Atlantic Coast. Case studies, analytical ethnographic sections and ethno-maps. Final Report”,
prepared by the Central American and Caribbean Research Council.
6
cfr. “General diagnostic study on land tenure in the indigenous communities of the Atlantic
Coast. General framework”, prepared by the Central American and Caribbean Research Council, March,
1998; “General diagnostic study on land tenure in the indigenous communities of the Atlantic Coast.
Executive summary”, prepared by the Central American and Caribbean Research Council, March, 1998;
and “General diagnostic study on land tenure in indigenous communities of the Atlantic Coast. Case
studies, analytical ethnographic sections and ethno-maps. Final Report”, prepared by the Central
American and Caribbean Research Council, March, 1998.
7
cfr. document “Comments by Theodore Macdonald/ January 20, 2001”, in connection with the
document “Ethnographic expert opinion on the document prepared by Dr. Theodore Macdonald”, written
by Ramiro García Vásquez; January 7, 2001 document “Ethnographic expert opinion on the document
prepared by Dr. Theodore MacDonald. By Ramiro García Vásquez, Archaeologist”, written by Charles Rice
Hale; and document “Awas Tingni. An Ethnographic Study of the Community and its Territory. 1999
Report”, prepared by the Awas Tingni Territorial Demarcation Project, main researcher: Theodore
Macdonald.
8
cfr. judgment No. 163 of October 14, 1998, by the Constitutional Court of the Supreme Court of
Justice of Nicaragua regarding the amparo remedy filed by María Luisa Acosta Castellón, as legal
representative of Benevicto Salomón Mclean, Siriaco Castillo Fenley, Orlando Salomón Felipe and Jotam
López Espinoza, on their own behalf and as Syndic, Coordinator, Town Judge and Person Responsible for
the Forest, respectively, of the Awas Tingni Community, against Roberto Stadhagen Vogl, Minister of
MARENA, Roberto Araquistain, General Director of the National Forestry Service of MARENA, Jorge Brooks