34
He attended a meeting held at the Presidential House in February, 1997. The
Syndics, Community delegates and their advisors also attended the meeting. That
time they stated to the President of Nicaragua their request for territorial
demarcation of Awas Tingni, and they informed him that the SOLCARSA logging firm
was entering into Community territory. The President said that he understood they
have rights to those lands, and that he would resolve the case, and he then
organized a meeting with the Minister of MARENA. That same day the Minister
received them at the Ministry. At that meeting, they were told that they would go to
the Community to investigate.
Subsequently, the SOLCARSA concession was declared unconstitutional. However,
the State officials never went to the Community to seek to resolve to their request
for demarcation of the land.
Between March 28 and 30, 2000, they attended another meeting in Managua, at the
Ministry of Foreign Affairs. The Community requested a hearing with the authorities
due to its concerns about demarcation of their lands. Twelve delegates of the State
attended that meeting.
Doctor María Luisa Acosta, the representative of the
Community, was the only one of their advisors who was allowed to be present at that
meeting. They did not allow international advisors to be present; they stated that it
was not necessary to go before the Inter-American Court, and that it was better to
solve the case in Nicaragua.
The State told them that it was better to find a solution to the case between the
government and the indigenous group. The representatives of the latter showed the
delegates of the State the map which represented the demarcation of the lands
belonging to Awas Tingni, according to the claims of the Community. The State’s
delegates answered that they did not recognize that demarcation, as it had not been
done together with the State authorities. The representatives of the State offered to
give the Community title to 12,000 hectares of land, with more than 50 head of
cattle and other resources and materials for their development. The legal advisor was
not present at the time the representatives of the State made this proposal. The
State arrived at this figure because according to the Agrarian Reform Law, each
family was granted 58 hectares, and therefore, given the population of the Awas
Tingni Community, that was the corresponding area. the Community did not accept
the deal, because the offer was not in accordance with its land title claims, according
to the map submitted by the Community.
As regards the request for land titling made to the Executive, the answer they
received was when they visited the President and the Minister, who said that they
would study it, but they did not go to give them a title deed. The indigenous group
did not request land titling from the Courts of Justice after they received no response
from the Executive.
The Awas Tingni Community has been struggling for a long time, requesting that
Nicaragua provide a solution to their case, requesting demarcation of their lands.
j.
Expert opinion of Charles Rice Hale, anthropologist specializing
in indigenous cultures
His work has concentrated on the study of indigenous cultures, especially in Central
America and more specifically in the Atlantic Coast of Nicaragua. To carry out these
studies, he has lived roughly five years in the Atlantic Coast. The studies he carried
out in that coastal region, during the first three years, were ethnographic studies