49
d.
the Mayagna (Sumo) Awas Tingni Community is formed by more than six
hundred persons; 17
e.
the members of the Community subsist on the basis of family farming and
communal agriculture, fruit gathering and medicinal plants, hunting and fishing.
These activities, as well as the use and enjoyment of the land they inhabit, are
carried out within a territorial space in accordance with a traditional collective form of
organization;18
f.
there are “overlaps” or superpositions of communal lands claimed by the
indigenous communities of the Atlantic Coast. Some communities allege rights over
the same lands claimed by the Awas Tingni Community;19 furthermore, the State
MARENA, and Alejandro Láinez, Director of the National Forestry Administration of MARENA; and decision
No. 163 of October 14, 1998 by the Constitutional Court of the Supreme Court of Justice on 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, an 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 Saldaña, Director of the State Forestry
Administration of MARENA, and Efraín Osejo et al., members of the Board of Directors of the Regional
Council of the RAAN.
17
cfr. March, 1996 brief requesting “official recognition and demarcation of ancestral lands” of the
Mayagna Awas Tingni Community, addressed to the Regional Council of the RAAN; judgment No. 163 of
October 14, 1998 by the Constitutional Court of the Supreme Court of Justice of Nicaragua, on the
amparo remedy filed by María Luisa Acosta Castellón, representing Benevicto Salomón Mclean, Siriaco
Castillo Fenley, Orlando Salomón Felipe and Jotam López Espinoza, in their own name and as Syndic,
Coordinator, Town Judge and Person Responsible for the Forest, respectively, in the Awas Tingni
Community, against Roberto Stadhagen Vogl, Minister of MARENA, Roberto Araquistain, General Director
of the National Forestry Service of MARENA, Jorge Brooks Saldaña, Director of the State Forestry
Administration of MARENA, and Efraín Osejo et al., members of the Board of Directors of the Regional
Council of the RAAN; 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; official letter DSDG-RMS-02-Crono-014-10-98 of October 8, 1998, by Rosario Meza Soto,
Deputy General Director of the National Institute of Statistics and the Census (INEC), to Fernando Robleto
Lang, Secretary of the Presidency; document “Annex A Research Universe”; testimony by Charly Webster
Mclean Cornelio before the Inter-American Court on November 16, 2000; January, 1994 document
“Territorial Rights of the Awas Tingni Indigenous Community” prepared by the University of Iowa as part
of its “Project in Support of the Awas Tingni Community”; and “General Census of the Awas Tingni
Community” for the year 1994.
18
cfr. testimony of Charly Webster Mclean Cornelio before the Inter-American Court on November
16, 2000; testimony of Jaime Castillo Felipe before the Inter-American Court on November 16, 2000;
testimony of Theodore Macdonald Jr. before the Inter-American Court on November 16, 2000; January,
1994 document “Territorial Rights of the Awas Tingni Indigenous Community”, prepared by the University
of Iowa as part of its “Project in Support of the Awas Tingni Community”; 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.
19
cfr. “General diagnostic study on land tenure in the indigenous communities of the Atlantic
Coast”, Final Report and General Framework, March 1998, prepared by the Central American and
Caribbean Research Council; August, 1998 maps and projection on location of indigenous area in the
Nicaraguan national territory of the RAAN, prepared by the Office of the Director of Geodesics and
Cartography of the Nicaraguan Institute of Territorial Studies (INETER); July, 1996 document “Land,
Natural Resources and Indigenous Rights on the Atlantic Coast of Nicaragua. Juridical Reflections on the
Definition of a Strategy for Indian Participation in Participation and Development Projects, prepared by
The World Bank, Technical Department Latin America & the Caribbean; October 13, 1998 brief by Arnoldo
Alemán Lacayo, President of the Republic of Nicaragua, to Noel Pereira Majano, Secretary of the National
Assembly; October 13, 1998 bill “Organic Law to Regulate the Communal Property System of the
Indigenous Communities of the Atlantic Coast and BOSAWAS”; testimony of Galio Claudio Enrique
Gurdián Gurdián before the Inter-American Court on November 17, 2000; testimony of Charles Rice Hale
before the Inter-American Court on November 17, 2000; testimony of Marco Antonio Centeno Caffarena
before the Inter-American Court on November 17, 2000; September 12, 1998 brief by Roberto Wilson