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a)
The Mayagna Awas Tingni Community is an indigenous Mayagna or
Sumo community of the Atlantic or Caribbean coast of Nicaragua. The
Community has a population of approximately 630 individuals, in 142
families, and its principal village is on the Wawa River, in the municipality of
Waspan, in the North Atlatntic Autonomous Region (RAAN);
b)
members of the Community communicate among themselves almost
exclusively in the Mayagna language, although most of them are also able to
speak Spanish;
c)
the Community functions under a traditional leadership structure,
based on custom, which is recognized in Articles 89 and 180 of the
Nicaraguan Constitution and 11(4) of the Statute of Autonomy of the Regions
of the Atlantic Coast of Nicaragua, Law No. 28 of 1987;
d)
the leadership of the Community consists of a Communal
Administrative Council, members of which are elected by the Community and
answer directly to it. The Community subsists principally on family and
communal agriculture, the collection of medicinal plants and fruits, hunting
and fishing; these activities are carried out within a specific territorial area, in
accordance with a traditional system of land ownership that is related to the
Community’s socio-political organization;
e)
on June 28, 1995, the Board of Directors of the RAAN Regional Council
issued an administrative directive, in which “it acknowledge[d an] agreement
signed by the Autonomous Regional Government and the company Solcarsa
S.A.” to “initiate logging operations [...] in the Wakambay area;”
f)
on July 11, 1995, the legal representative of the Community sent a
letter to the Ministry of the Environment and Natural Resources (MARENA) in
which the Community protested the possibility of a concession on its lands
being granted to Sol del Caribe S.A. (SOLCARSA), without it previously having
been consulted;
g)
on September 11, 1995, the Community filed a first application for
amparo against MARENA before the Matagalpa Appeals Tribunal, in order to
try and detain the granting of the concession. This recourse was declared
inadmissible on September 19, 1995, as it had not been filed within the legal
time limit, a period of 30 days from the time the Community learned that the
concession was being processed. Two days later, the Community filed an
application for amparo before the Supreme Court of Justice under the de facto
procedure, requesting a review of the decision of the Appeals Tribunal, but
the Supreme Court did not pronounce judgment until a year and a half later,
on February 27, 1997, when it dismissed the application as time-barred;
h)
on March 13, 1996, the State, through MARENA, granted a 30-year
concession to SOLCARSA to exploit approximately 62,000 hectares of tropical
forest in the Atlantic coast region on land claimed by the Community;
i)
on March 20, 1996, the MARENA lawyers informed the Community’s
lawyers that the concession granted to SOLCARSA had been approved by the
RAAN Regional Council, that the indigenous communities of the region as
such did not have any independent legal existence or status, but were