2 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

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