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a period in which title deeds to additional lands were granted under the 1963
Agrarian Law. At that time, the indigenous communities received title deeds to
62,500 hectares. A total of 28 communities received title deeds. The Mayagna or
Sumo ethnic groups received title deeds to 14 thousand hectares. During this period
there was a conflict between Nicaragua and Honduras, and as a consequence some
communities decided to return to Nicaragua, and they received title deeds; Francia
Sirpi and Wisconsin were among those communities.
The period of the Revolution, during the eighties, is another moment. Under a new
agrarian reform law, based on the criterion of additional lands and under the
institution called MIDINRA, 29 communities received title deeds, but the exact
number of hectares was not recorded in the Real-Estate Record Office. A study of
the institutions’ records and those of the Real-Estate Record Office was only able to
establish that title deeds had been issued to 28,000 hectares.
During the 1995-98 period, a very complete diagnostic study was carried out on land
tenure in the indigenous communities. This diagnostic study reflected the situation,
according to the consultants’ discernment, of the communities mentioned at that
time. The diagnostic study did not refer to the case of the Awas Tingni Community.
An especially interesting point of land claims on the Atlantic Coast of Nicaragua has
to do with the establishment of blocks. These blocks have a very positive aspect, as
they strengthen management by the communities. However, there is a problem
insofar as recently established communities, called “daughter communities”, have
been added to the “mother communities” which received title deeds from the Titling
Committee for the Mosquitia. The former have separated from the latter, attaining a
certain autonomy, and now they intend to claim title to the land by invoking
ancestral rights.
No formal request for land titling by the Awas Tingni Community has been found in
the archives of the institution which today bears the name of Office of Rural Titling
(formerly INRA, and before that MIDINRA). However, at some point during the case
proceedings, the Inter-American Commission supplied a photocopy of a register “of
visits or incoming documents”, where a request by two representatives of the
Community, demanding 16 thousand hectares of land titling, was recorded.
Nevertheless, the witness could not specify the year in which that claim took place.
The witness has knowledge of the study prepared by doctor Theodore Macdonald,
which seeks to show ancestral occupation of their lands by the Awas Tingni
Community. In this regard, he states that the Office of Rural Titling has addressed
the issue of the Community, “in the understanding that it has already become known
and that it is an issue which they must document […] institutionally”, for which
reason the aforementioned Office hired a Nicaraguan expert, Ramiro Garcia, an
archaeologist employed as a researcher by the National Museum of Nicaragua and an
advisor to the Nicaraguan Cultural Institute, to evaluate that study.
The institutional criterion of the Office that he represents is that the Awas Tingni
Community does not have ancestral occupation of the lands to which it is requesting
title deed.
In fact, the Awas Tingni Community has conflicts of interest regarding land titling
with communities which already duly received title deeds from the Titling Committee
for the Mosquitia, but especially with communities or groups which received title
deeds during the IAN period, specifically with the Communities of Francia Sirpi,