2
d.
Suspension of issuing of new main or supplementary deeds, or ownership
certificates or any other real rights to areas within the territory, until definitive
delimitation, demarcation, and titling have been carried out.
e.
Development and implementation of appropriate measures to ensure definitive
suspension of all logging in the territory by third parties not belonging to the community
and without prior agreement with it.
f.
Official communication at the highest level with all relevant agents of the State,
at all levels, regarding the content and scope of the judgment of the Court, together
with an appeal to take appropriate action to avoid third parties foreign to the community
conducting activities that may impair the existence, value, use, or enjoyment of the
resources that exist in the territory.
g.
Official, individualized communication to all third parties who occupy or conduct
activities in areas within the territory, regarding the content and scope of the judgment
of the Court, together with an appeal to not expand the current areas of occupation and
use, to not promote settlement by new persons, and to not conduct logging activities
without previously consulting with the Community, until delimitation, demarcation, and
titling of the lands of the Community has been carried out.
4.
The additional statement by the representatives of the Community, in their
request for provisional measures, that:
a)
“[c]ontrary to the explicit order of the Court, the State of Nicaragua
[...] has not avoided detriment to the property located within the
geographical area where the members of the Community live and conduct
their activities, by third parties foreign to the Community itself and acting
without its consent” and that these facts “endanger the effectiveness of the
rights recognized by the Court, threaten the Community with irreparable
damage, and hinder the process of demarcation, delimitation, and titling of
the lands of the Community;”
b)
the judgment of the Court on the merits and reparations in the instant
case requires that “until the delimitation, demarcation and titling of the lands
of Awas Tingni has been done, the State must abstain from any acts that
might lead the agents of the State itself, or third parties acting with its
acquiescence or its tolerance, to ‘impair the existence, value, use or
enjoyment of the property located in the geographic area where the members
of the Awas Tingni Community live [...]’;”
c)
in its judgment, the Court imposed upon the State a dual duty: “the
duty of abstaining, as regards the agents of the [S]tate itself” (to abstain
from impairing the existence and use of property located in the lands used by
the Community); “and the duty to monitor and ensure immediate suspension
of actions by third parties who have not obtained the consent of the
Community;”
d)
the Community has repeatedly “called the attention” of the State to
these facts, and Nicaragua has not fulfilled its specific commitment to take
actions in this regard, and it “has allowed the invasion of traditional lands of
the Community and illegal exploitation of its resources to continue, contrary
to what the Court specifically ordered,” especially in connection with
agricultural activities and logging in the area, and
e)
there is a need for Provisional Measures to be adopted to maintain the
status quo of the Community and to ensure compliance with the judgment of