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based on anthropological methods. Subsequently, he also carried out studies and
mapping in the context of a diagnostic study on the claims of the indigenous peoples
of the Coast. He speaks Miskito, which is one of the main languages used by the
indigenous peoples. He lived mainly in a town called Bluefields, and the community
where he conducted more intensive fieldwork is called Sandy Bay Sirpe, which is
located to the North, at the mouth of the Río Grande. In the context of the
diagnostic study he also traveled throughout the Atlantic Coast and spent more time
working more intensively in the extreme northern area, near the border with
Honduras, at Río Guanqui, Río Coco.
The general diagnostic study on land tenure in the Atlantic Coast communities, which
the State has referred to in its reply to the application by the Commission, is a study
begun in 1997 in which he was directly involved as coordinator of the research. This
diagnostic study included an ethnographic study and the mapping of some 128
indigenous and black communities. It was based on two key questions: what are the
claims of these communities as regards their rights to communal land, and how do
they justify their claims. The study was conducted community by community, using a
consistent methodology to answer those two questions in connection with the
communities included in the research universe.
The indigenous peoples of the Atlantic Coast are primarily three: the Miskito, the
Mayagna, and the Rama. There are various groups which have existed since before
the Europeans arrived. The groups surviving to the present day are the Mayagna, of
whom there are three important groups: Panamaca, Tuaca, and Urba, who at the
time
of
the
arrival
of
the
Europeans settled in the area of land use and possession, which is the same until
now.
The three key land tenure characteristics are an extensive use of the land, the
environment, and its resources. There is a place of land use and possession and,
depending on economic activities, they move to other places to carry out their
economic activities.
There have been few concrete actions by the State regarding recognition, titling, and
endorsement of communal rights to the land. Only twice has there been land titling
more or less in accordance with what the community was claiming; that was in
1987, for two Mayagna communities, out of roughly 300 communities in all. Since
1990 there has been no action directed toward that goal.
In some cases, land titles are agrarian allocations which are less than the
community’s claims. Agrarian allocations are a step prior to legal titling, and in
many cases the process is incomplete, leading to a statement of intent, but without
legalization nor the guarantees that the community requires to protect its lands from
third parties. There is no evidence of actions tending to ensure use and possession
by the communities.
INRA is seen by the indigenous communities as a hostile actor, representing a vision
which is not in accordance with their demands nor with the understanding of
indigenous culture itself. Its main actions have been for the benefit of immigrant
peasant farmers in the Western part of the country. The MARENA office which has
had a greater presence in connection with the indigenous communities is the one
which until 1998, if it has not changed its name, was called ADFOREST, which was in
charge of granting concessions. In the perception of the indigenous communities, it