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necessary for it to be socially viable, there must be the social support and legal
framework required to ensure that these operations, even if they are technically
successful and economically viable, do not harm the rights that the communities
inhabiting those forests may have.
For all these reasons, the World Wildlife Fund found that the case of this contractual
relationship between Awas Tingni and MADENSA was a very interesting possibility to
show that this type of forest management can be done. The fact that MADENSA had
from the start accepted the presence of the community was significant progress as
compared to the case of a concession previously granted to a Taiwanese company, in
which the fact that there were indigenous communities in the area was simply not
recognized.
Before beginning the project, the following government officials were contacted: Dr.
Jaime Incer, then the Minister of MARENA; Roberto Araquistain, the Director of the
National Forestry Service; Eng. Brady Watson, in charge of the Administration of
Forests on Public Lands (ADFOREST), and James Gordon, the Delegate of IRENA, now
MARENA, in Puerto Cabezas. In the framework of discussions with other officials, the
starting point was that while the Community did not have formal title to the land,
implicit ownership was recognized due to occupation of those lands, which would
eventually have to be formalized. In other words, it was known that at least a part,
if not all the area covered by the management plan of MADENSA, was communal
land of the Awas Tingni Community. There was also the recognition that as a result
of this process, demarcation of that communal land would take place, because a
clear legal framework is one of the fundamental conditions for sustainable
management.
The first contact the witness had with the Community was in early 1993. They were
accompanied by representatives of IRENA and of the National Forestry Service. They
held meetings at Puerto Cabezas with some leaders and members of the Community.
Afterwards they traveled to Awas Tingni to get to know the rest of the Community
and the conditions under which they lived, as well as to hear people’s opinions
directly. By talking with the leaders of the Community at Puerto Cabezas and with
members of the Community, they became aware of two main concerns. One was the
contract which the Community had signed with MADENSA, a 25 year contract, which
made them feel trapped, and the second concern, the main one for them, was the
uncertainty they felt with regard to land tenure. The Community was not so much
interested in exploitation proper of the forest or in the resources it could provide, but
rather in obtaining funding for the necessary studies to finally be able to carry out
the demarcation of their lands. These were their main concerns.
It was agreed with MADENSA and with IRENA that the 25 year contract that Awas
Tingni had signed with the former would be renegotiated. For this, technical and
legal advisory services would be required, because they had been requested by the
Community, so as to negotiate better conditions.
The role of the World Wildlife Fund was to ensure that such support be provided to
the Community. The WWF helped set up a technical legal team, which began with
participation by James Anaya, from the University of Iowa, and Hans Ackerson, a
forestry expert who had provided advisory services to Nicaragua in the area of
forestry.
An important obstacle in the negotiation of this process was the lack of legal
precedent to serve as a reference point for this type of arrangements. Another