Awas tingni news and analysis on intercontinental cry. In its june 2007 report, nicaragua rightly stated that awas tingni was scheduled to receive its long awaited title on august 9, 2007. Aug 31, 2001 nicaragua had not demarcated the communal lands of the awas tingni community, nor had the state adopted effective measures to ensure the property rights of the community to its ancestral lands and natural resources, and also because it granted the concession on community lands without the consent of the community. A new step in the international law of indigenous peoples, the arizona journal of international and comparative law 6 nicaragua network hotline 25 august 2009 government cancels sales of communal lands. The study focuses on the indigenous mayangna of awas tingni, located in the north atlantic autonomous region of nicaragua, an area where the rainforest alliance has been working since 2007. The amicus curiae brief of the assembly of first nations. The indigenous inhabitants of awas tingni won a legal battle 15 years ago but the nicaraguan state hasnt kept its promises. The awas tingni community was an indigenous community located in the atlantic coast of nicaragua.
In this case, the awas tingni community asserts, against the state of nicaragua, rights to lands and natural resources based on the communitys traditional patterns of use and occupancy. Awas tingni is an indigenous mayagna community of some 2,400 members on the miskito. The mayagna awas sumo tingni community lives in the atlantic coast of nicaragua and is made up of approximately 142 families. Documents presented by the awas tingni community at the private hearing on may 3, 2008. Accommodating indigenous peoples within the human rights. Awas tingni is an indigenous mayagna community of some 2,400 members on the miskito coast of nicaragua, in the municipality of waspam in. A summary and case brief of mayagna sumo awas tingni community v. In its decision, the interamerican court concluded that nicaragua had violated the rights of the mayagna community of awas tingni by granting a logging concession within the communitys traditional territory without obtaining its consent and after ignoring the consistent complaints and requests of awas tingni urging demarcation of the territory. The mayagna sumo indian community of awas tingni currently is attempting to attain formal recognition of its broad territorial rights. Order of the interamerican court of human rights of may 7. Given the nearly 20year history of communitybased efforts around forestry in awas tingni, the gathering pace. Both sides agreed that the awas tingni had relocated their village.
The awas tingni case is a watershed development at international law for indigenous peoples. The brief filed by the representatives of the mayagna sumo awas tingni community on july 19, 2002, in which they submitted to the interamerican court of human rights. The implementation gap article pdf available june 2017 with 39 reads how we measure reads. One year after breakthrough court order, nicaragua. The members of the community subsisted on the basis of communal agriculture, fruit gathering, hunting and fishing. Nicaraguan officials declared that awas tingni would be the first community to. A new step in the international law of indigenous peoples s.
Interamerican court of human rights case of the mayagna sumo. Jaime castillo felipe, a leader of the community, lodged a petition before the interamerican commission on human rights iachr denouncing the state of nicaragua for failing to demarcate the awas tingni communitys communal land and to take the necessary measures to. Apr 03, 2009 case of the mayagna sumo awas tingni community v. The mayagna awas sumo tingni community lives in the atlantic coast of nicaragua and. One year after breakthrough court order, nicaragua government. The case of awas tingni involves the following players, each representing diverse yet interrelated interests.
Sep 06, 2002 hereinafter the american court or the court in the mayagna sumo awas tingni inter community case. The awas tingni petition to the interamerican commission on. The case of the mayagna sumo awas tingni community v. Evaluating the results of our work the centrality of social. A landmark case for the interamerican system by claudio grossman i n 1996, the republic of nicaragua issued a korean corporation permission to cut trees in the communal lands of the. The awas tingni community files an application for amparo against marena officials before the appellate court of matagalpa. The people of awas tingni did not set about to forge an international legal precedent with implications for indigenous peoples throughout the world, yet that is what they have done. Amicus curiae brief presented by the national congress of. Over the last several years a norm has developed internationally that affirms the right of indigenous communities to the lands they have traditionally used and occupied. The state of nicaragua is actively responsible for violations of the right to property, embodied in article 21 of the convention, by granting a concession to the company solcarsa to carry out road construction work and logging exploitation on the awas tingni lands, without the consent of the awas tingni. In 1995, the awas tingni learned of the nicaraguan governments plan.
James anaya claudio grossman the people of awas tingni did not set about to forge an international legal precedent with implications for indigenous peoples throughout the world, yet that is what they have done. A new step in the international law of indigenous peoples. Feb 01, 2000 a the mayagna awas tingni community is an indigenous mayagna or sumo community of the atlantic or caribbean coast of the community has a population of nicaragua. In the present communication, the university of arizona indigenous peoples law and policy program iplp program, on behalf of the awas tingni indigenous community in nicaragua, responds to the report presented by nicaragua to the committee on the elimination of racial. Nicaragua 2001 inter american court of human rights espsp. Interests of the amici curiae the ihrlg is a nonprofit human rights organization comprised of legal professionals engaged in human rights advocacy, litigation and training around the world. Nicaragua this case was brought because the state did not demarcate the communal lands of the awas tingni community, nor did the state adopt effective measures to ensure the property rights of the community to its ancestral lands and natural resources. The nicaraguan supreme court ruled in favor of the awas tingni and declared the timber license void.
January, 1994 document territorial rights of the awas tingni indigenous community prepared by the university of iowa as part of its project in support of the awas tingni community. Nicaragua, a landmark case decided by the interamerican court of human rights, the principal human rights tribunal in the western hemisphere. After a seven year battle, the mayangna community of awas tingni won a landmark ruling at the interamerican court of human rights and demonstrated that international human rights law could protect indigenous peoples, their land and their natural resources. The state of nicaragua has not demarcated the communal lands of the awas tingni. The decision by the interamerican court of human rights on the awas tingni vs. Introduction the interamerican court of human rights 2001 decision in the case of the mayagna sumo community of awas tingni v. James anaya and claudio grossman the case of awas tingni v. On 31 august 2001 the interamerican court of human rights handed down a watershed decision in the case of the mayagna sumo awas tingni community v the republic of nicaragua concerning indigenous peoples collective rights to their land, resources and the environment. This is the first case in which an international tribunal with legally binding. Case of the mayagna sumo awas tingni community v the. Although the interamerican courts order of august 31, 2001, required that nicaragua submit progress reports on the demarcation process every six months,1 no reports have been filed. Whether nicaragua violated articles 1 obligation to respect rights, 2 domestic legal effects, 21 right to property, and 25 right to judicial protection of the american convention on human rights by failing to demarcate the awas tingni communitys communal lands and adopt effective measures to ensure the communitys property rights.
One year after the interamerican court of human rights ordered that the nicaragua government demarcate and grant title to awas tingni territory, the state has yet to respond. In mayagna, awas tingni means pine river and denotes both the town and the river by which it is situated. In mayagna, awas tingni means pine river and denotes both the town itself and the river by which the town is situated. James anaya claudio grossman the people of awas tingni did not set about to forge an international legal precedent with implications for indigenous peoples throughout the world, yet.
The mayangna sumo indigenous community of awas tingni filed suit in a nicaraguan appeals court in january to require the nicaraguan government to enforce an international ruling that protects indigenous peoples land and resource rights. May 02, 2000 in october 1995, the awas tingni community of nicaragua presented a petition to the interamerican commission on human rights the commission asserting that the government of nicaragua had breached its obligations under both domestic and international law by failing to guarantee the communitys use and enjoyment of its ancestral lands. In august 2001, the organization of american states interamerican court of human rights found international human rights violations in the nicaraguan. The titling of awas tingnis lands was ordered in the 2001 case of the mayagna sumo community of awas tingni v. This report is the first of ten case studies produced as part of a community forestry project in guatemala, honduras, mexico, nicaragua and peru. The mayangna of the awas tingni community, nicaragua the. Awas tingni is an indigenous mayagna community of some 2,400 members on the miskito coast of nicaragua, in the municipality of waspam in the north caribbean coast autonomous region. Nicaragua presented by the university of arizona indigenous. Order of the interamerican court of human rights of april 3. The community has sought simply, but doggedly, to be secure in the peaceful possession of. Evaluating the results of our work the centrality of. Republic of nicaragua, before the interamerican court of human rights. The awas tingni community is one of numerous ethnically sumo, or mayagna, 14 indigenous communities in the isolated atlantic coast region of nicaragua.
Awas tingni is located near the junction of the rio wawa and the river awas tingni. The mayagna indian community of awas tingni the community or awas tingni is one of the communities of the atlantic coast region recognized by the political constitution of nicaragua under its articles 5, 8, 11, 49, 89, 90, 91. In the mayagna sumo awas tingni community case hereinafter the community or the. Nicaragua, the awas tingni people, and the impact of the case on other indigenous communities bringing similar issues before the court. In 1996 the state granted a concession to a corporation to carry out road construction work and logging. A landmark case for the interamerican system by claudio grossman i n 1996, the republic of nicaragua issued a korean corporation permission to cut trees in the communal lands of the mayagna indigenous community, the awas tingni. Nicaragua monitoring compliance with judgment having seen. This norm is incorporated in the 1985 constitution of nicaragua and in the 1987 statute. The awas tingni petition to the interamerican commission. As this brief will demonstrate, such traditional land tenure and resource use by an indigenous.
Awas tingni community sues nicaragua government over. Since 2007, the rainforest alliance has been working in awas tingni to develop community forest enterprisemost recently with support from idbmif. Pdf the decision by the interamerican court of human. The nicaraguan government argued that because of this move, the awas tingni had no ancestral claim to the land that they sought reply of the republic of nicaragua to the complaint presented. As we noted in our june 2007 communication, the community has been. James anaya the dense tropical forests of nicaragua s atlantic coast region have been targeted by transnational corporations. Mayagna sumo awas tingni community hereinafter the awas tingni community or the community for the delimitation, demarcation and titling of their lands, under the provisions of act no. Mar 14, 2008 mayagna sumo awas tingni community hereinafter the awas tingni community or the community for the delimitation, demarcation and titling of their lands, under the provisions of act no. Nicaragua is the first judgment by an international tribunal to recognize the communal property rights of indigenous. With an overdrive account, you can save your favorite libraries for ataglance information about availability. The august 31, 2001 judgment of the interamerican court of human rights hereinafter the interamerican court or the court in the mayagna sumo awas tingni community.
Nicaragua abstract 1 this case was brought because the state did not demarcate the communal lands of the awas tingni community, nor did the state adopt effective measures to ensure the property rights of the community to its ancestral lands and natural resources. Awas tingni is located near the junction of the rio wawa and the river awas tingni in a densely forested area. Presented by the university of arizona indigenous peoples law and policy program, in representation of the awas tingni indigenous community, nicaragua presented before the human rights committee for its 92nd session 17 march 4 april 2008 20 march 2008 1. Forestry and enterprise development among the indigenous mayangna of awas tingni.
Interamerican court of human rights case of the mayagna. The community had no real property title deed to the lands it claimed. Forestry and enterprise development among the indigenous. Conservation keeps the spirit of our ancestors alive, say indigenous awas tingni abandoned by nicaraguan state. Nicaragua, the awas tingni people, and the impact of the case. Awas tingni is one of numerous mayagna, or sumo, indigenous communities in the isolated atlantic coast region of nicaragua.
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