9
(3) Immediately afterwards, steps will be taken to prepare and approve the title in favor
of the ancestral territory of the Community, under the legal procedure. The parties
consider that the title will be delivered to the Awas Tingni Community in August
2008.
(4) Lastly, the parties request the presence of a delegate of the Court and of the
Commission to verify in situ compliance with the agreements.
29.
That, according to information provided by the parties, the Court observes that
various measures have been taken to implement the provisions of the fourth operative
paragraph of the Judgment; these are: (a) the creation of “Committee II” to monitor
the process of delimitation, demarcation and titling of the lands of the members of the
Community; (b) the organization of meetings and the adoption of agreements between
the State and the representatives of the members of the Community within the
framework of this committee; (c) the promulgation of Act No. 445 entitled ““Act
concerning the Communal Property Regime of the Indigenous Peoples and Ethnic
Communities of the Autonomous Regions of the Atlantic Coast and of the Coco, Bocay,
Indio and Maiz Rivers”; (d) the submission of the delimitation, demarcation and titling
of the territory of the members of the Awas Tingni Community to the procedure
established in Act No. 445; and (e) the “official record of the agreements” signed
within the framework of the private hearing held at the seat of the Court on May 3,
2008.
30.
That, five successive stages can be distinguished within the procedure for the
demarcation and titling of the communal lands established by Act No. 445 (supra ninth
Considering paragraph). Of these stages, during the processing of the instant case, the
submission of the application has been accomplished, the dispute has been settled, and
implementation of the measurement and marking of the boundaries has started; part
of the boundary marking and the final stages of titling, and clearance remain pending.
According to the representatives, the dispute settlement stage concluded officially with
the issue of a Resolution by the Regional Council of the North Atlantic Autonomous
Region (CRAAN) dated February 14, 2007, which ratified the Resolution of the
Demarcation and Land Use Commission of the Regional Council of the North Atlantic
Autonomous Region and settled the border dispute between the Awas Tingni
Community and the Tasba Raya Communities. In this regard, they added that the
suspension of compliance with the third stage (measurement and marking of the
boundaries) was a result of the territorial dispute alleged by the Administrative Council
of the “Ten Communities,” which prevented the titling being carried out on the
expected date (August 9, 2007).
31.
That the Court observes that various problems and delays have arisen that have
prevented the titling of the lands, although more than six years have elapsed since the
Court delivered its Judgment in this case.
32.
That the Court appreciates that, in the “official record of the agreements” of
May 3, 2008, the State has expressed its willingness to comply with the fourth
operative paragraph of the Judgment which is pending compliance, and to this end
undertook to take various measures (supra Having seen paragraph 9). Consequently,
it urges the State authorities to implement the planned measures and awaits
information from the parties on the results.
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