3
represented by the Regional Council and that, as the latter had approved the
concession, it was valid;
j)
on March 21, 1996, the Community leaders submitted a request to the
plenary session of the Regional Council for assistance to demarcate their
ancestral lands and detain the advance of the concession granted without the
consent of the communities;
k)
on March 22, 1996, the Board of Directors of the Regional Council
indicated to the Community’s lawyers that the resolution that it had adopted
on June 25 (sic) was subject to ratification by the plenary session of the
Regional Council, that this ratification had not taken place and that the Board
of Directors itself had not granted, nor would it grant, the consent required
for a concession;
l)
on March 29, 1996, two members of the RAAN Regional Council filed
an application for amparo against the concession to SOLCARSA before the
Supreme Court. This action was initiated on the grounds that the concession
was not valid because it had not been approved by the plenary session of the
Regional Council, as required by Article 181 of the Nicaraguan Constitution.
On February 27, 1997, the Supreme Court of Justice pronounced itself in
favor of this application and declared the concession unconstitutional;
m)
subsequently, State officials took steps to submit the concession to the
approval of the RAAN Regional Council. On October 8, 1997, the majority of
the Council voted in favor of the concession. Due to this, on November 7,
1997, the Community filed a second application for amparo, this time against
“the members” of the Board of Directors who had voted in favor of the
concession initially and “the members” who, on October 8, 1997, formed the
majority of the Regional Council and approved the said concession. In this
recourse, the Community denounced the said members for having approved
the concession without having considered the rights of the indigenous
communities, although it had made a formal request to the Regional Council
in this respect;
n)
on November 12, 1997, the Matagalpa Appeals Tribunal admitted the
second application for amparo, ordered that the respondents be notified that
they should submit their reports to the Supreme Court of Justice and rejected
the Community’s request that the concession to SOLACARSA be suspended
immediately;
o)
on February 12, 1998, the Supreme Court of Justice of Nicaragua
issued an order that the judgment of February, 1997, in favor of the
members of the RAAN Regional Council who had filed the above-mentioned
application for amparo(supra l), should be executed.
III
PROCEEDING BEFORE THE COMMISSION
3.
On October 2, 1995, the Secretariat of the Commission received a petition
lodged by Jaime Castillo Felipe, principal leader of the Community, in his own name
and on behalf of the Community