3
parties and have helped facilitate the process of titling the land in favor of
the members of the Community.
(d)
Regarding the investigation into the reported facts and the eventual
punishment of those responsible, that:
i.
It had formally opened administrative proceedings against
the Asociación de Excombatientes de la Resistencia Indígena de
Desarrollo (ARID). In addition, the authorities had proceeded to
confiscate the wood that had been cut illegally; and
ii.
It had created a mechanism to process and pay priority
attention to the requirements of the members of the Community.
4.
The observations forwarded by the representatives of the beneficiaries
(hereinafter “the representatives”) of January 30, March 3, April 25 and
November 14, 2003, May 3, July 12, October 26 and November 17, 2004,
January 15, March 31, September 2 and November 4, 2005, and June 19 and
April 26, 2007, in which they indicated, inter alia:
(a)
Regarding the measures to protect the use and enjoyment of the
property of the members of the Community, that:
i.
“[…T]he State’s responsibility […] is not exhausted by the
actions of the institutions of the central Government, nor does the
granting of forestry exploitation permits exhaust the forms of tacit
or express consent to the illegal activities that are being carried out
[…] on the Community’s territory.” The Community has reported
incursions onto its territory by third parties without its
authorization; one of these cases relates to “a mestizo tenant
farmer [having] sold around 10,000 hectares in the region of
Wakambay to 20 mestizo families”;
ii.
As required by Act No. 445, they had presented a request
for the delimitation, demarcation and titling of their land on
November 11, 2003; and
iii.
The existence of other indigenous communities in adjoining
areas who are making claims over ancestral lands has never been
denied. However, the State’s allegation that there are “overlapping
areas” does not excuse the failure to grant title to the Awas Tigni
Community.
(b)
Regarding the provisional agreement on the rights of use,
occupation and exploitation of the property: that the Community was
unable to exploit the forestry resources owing “to the need to fulfill
onerous requirements imposed by the Nicaraguan authorities and the
inaction of these authorities, which prevented the start-up of forestry
exploitation work.” The Forestry Exploitation Agreement expired in June
2004, before forestry exploitation activities had started and the
exploitation rights were transferred to Amerinica Exotic Woods S.A.
(c)
Regarding the participation of the beneficiaries in the
implementation of the measures ordered by the Court: that, although
several meetings had been held with the State authorities, they had been
held “outside the formal negotiating channels for implementation of the
judgment of the Inter-American Court, in a context of pressure on the
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