A copy of the judgement is available at the case of the mayagna sumo awas tingni community v nicaragua spring 2002 19 arizona journal of international and comparative law 415. The case of the mayagna sumo awas tingni community v. Latest developments certain activities carried out by. The nicaraguan supreme court ruled in favor of the awas tingni and declared the timber license void. Accommodating indigenous peoples within the human rights.
The text of the convention is available at see the convention, art 623, for ia courts jurisdiction to consider. Drip merges international, regional and national developments in. In its june 2007 report, nicaragua rightly stated that awas tingni was scheduled to receive its long awaited title on august 9, 2007. Awas tingni is one of numerous indigenous mayangna or sumo1 communities in the remote, densely forested region on the atlantic coast of nicaragua. Fn1 the petitioners note that the nicaraguan state also violated the rights enshrined in articles 21, 25, 26, and 27 of the international covenant on civil and political rights, of the united. A copy of the judgement is available at the case of the mayagna sumo awas tingni community v nicaragua spring 2002 19 arizona journal of international and comparative law 415 ibid. Case of the mayagna sumo awas tingni community v the.
Awas tingni community sues nicaragua government over. During the 1990s, the nicaraguan government granted a logging concession to a korean multinational company solcarsa for the logging of 62,000 hectares. Pdf accommodating indigenous peoples within the human. In 1993, the employees of the nicaraguan customs service conducted a strike which was declared illegal. Humberto thompson sang, a member of the regional council of raan, files a request before the constitutional panel of the supreme court of justice to request the execution of the constitutional panels judgment no. Violation of right to judicial protection and private property. American court of human rights in the case of awas tingni v. In 1996 the state granted a concession to a corporation to carry out road. Order of the interamerican court of human rights of april.
Republic of nicaragua hereinafter the state, the government or nicaragua which originated in petition n. 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. 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. In this case the court held that the international human right to enjoy the benefits of property, particularly as affirmed in the american convention on. Military and paramilitary activities in and against nicaragua. Accommodating indigenous peoples within the human rights regime the case of awas tingni v. 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. The awas tingni petition to the interamerican commission on human rights. The decision by the interamerican court of human rights on the awas tingni vs. Nicaragua, decided by the interamerican court of human rights on august 31, 2001. The jurisdiction of the international court of justice to entertain the case as.
This community unsuccessfully tried to prevent the government of. Nicaragua, a landmark case decided by the interamerican court of human rights, the principal human rights tribunal in the western hemisphere. A new step in the international law of indigenous peoples. Indigenous peoples and the interamerican court penn law. Environment, equality, and indigenous peoples land rights in the interamerican human rights system. 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. 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. Interamerican court of human rights case of the mayagna sumo awas tingni community v. Territorial and maritime dispute between nicaragua and honduras in the caribbean sea nicaragua v. Nicaragua and honduras are disputing over the delimitation of maritime areas. Between 1995 and 2001 the awas tingni community mounted a landmark legal case against the nicaraguan government for granting a 30year logging concession to a korean logging company solcarsa on their lands. A summary and case brief of military and paramilitary activities in and against nicaragua nicaragua v. Nicaragua, finding that nicaragua had violated the rights of the community for both its granting of concessions to log on awas tingni traditional lands and its failure to recognize awas tingni property rights in those lands. This is a historical case, which means that the court must address the facts and merits surrounding the case as if oral argument were taking place in 1986.
The witness was born in awas tingni, nicaragua, and he is a member of the mayagna community, which in the mayagna language means child of the sun. 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 2007 24 arizona journal of international and comparative law 609. T he legal battle of the mayagna sumo community of awas tingni v. Order of the interamerican court of human rights of may 7. 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. The judgment on the merits, reparations and costs rendered on august 31, 2001 hereinafter the judgment by the interamerican court of human rights hereinafter, the. 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, pursuant to articles 632 of the american convention on human rights hereinafter the convention or the american convention and 23 of the rules of procedure of the court, a.
Nicaragua monitoring compliance with judgment having seen. The awas tingni community was an indigenous community located in the atlantic coast of nicaragua. Nicaragua preliminary objections judgment of february 1. In august 2001, the organization of american states interamerican court of human rights found international. The state of nicaragua has not demarcated the communal lands of the awas tingni community or other indigenous communities, nor has it taken effective measures to. Why the united nations declaration on the rights of indigenous jstor. Oas iachr rapporteurship on the rights of indigenous. The international court of justice icj, the principal judicial organ of the united nations, has today rendered its judgment in the case concerning the territorial and maritime dispute nicaragua v. Petition alleging the states failure to demarcate communal land, to protect the. Nicaragua filed its countermemorial in the present case on 6 august 2012, within the timelimit fixed for that purpose in the courts order of 5 april 2011. A new step in the international law of indigenous peoples s. The interamerican court decision the case of the mayangna sumo community of awas tingni v.
Territorial and maritime dispute between nicaragua and. Nicaragua 2001 inter american court of human rights espsp file attachments. Amici curiae center for human rights and environment. A new step in the international law of indigenous peoples, 19 arizona journal of international and comparative law 1 2002 with claudio grossman the impact of indigenous peoples on the development of international law, in the human rights of indigenous peoples southern cross university 2001. 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. Based on the acts and omissions examined, that the state of nicaragua has not complied with its obligations under the american convention on human rights. 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 mayagna awas sumo tingni community lives in the atlantic coast of nicaragua and is made up of approximately 142 families. Awas tingni is located near the junction of the rio wawa and the river awas tingni in a densely forested area. Nicaragua merits, reparations and costs judgment of august 31, 2001. Nicaragua 2001 inter american court of human rights espsp. Nicaragua request for the indication of provisional measures the court requests the parties to refrain from sending to, or maintaining in the disputed territory, including the cano, any personnel, whether civilian, police or security. The united states of america 1986 was a case where the international court of justice icj held that the u. Press release 20116 8 march 2011 certain activities carried out by nicaragua in the border area costa rica v.
Sep 29, 2005 overview of the case on 29 september 2005, costa rica filed an application instituting proceedings against nicaragua in a dispute concerning the navigational and related rights of costa rica on a section of the san juan river, the southern bank of which forms the boundary between the two states provided for by an 1858 bilateral treaty. Interamerican court of human rights case of the mayagna sumo. The titling of awas tingni s lands was ordered in the 2001 case of the mayagna sumo community of awas tingni v. 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. United states by sabrina forte historical background note. Center for justice and human rights in the atlantic coast of. Nicaragua p brought a suit against the united states d on the ground that the united states d was responsible for illegal military and paramilitary activities in and against nicaragua. Both sides agreed that the awas tingni had relocated their village.
Dec 03, 2001 courts of justice of nicaragua, to the detriment of the victims political rights. The strikers were dismissed from their jobs, even though several court rulings after the strike ordered that they be given their jobs back. In august 2001, the organization of american states interamerican court of human rights found international human rights violations in the nicaraguan. Two of those lives were lost1 just a few weeks ago over this centuryold dispute. Mayagna sumo indigenous community of awas tingni v. In its judgment, which is final, without appeal and binding on the parties, the court.
Filed in the international court of justice 8 december 1999. The united states had at first been supporting the new government after the fall of somoza in 1979. Download the cejudhcan case study as a pdf document 784kb. Nicaragua culminated in 2001 when the interamerican court of human rights iachr acknowledged the communal property rights. Land tenure insecurity and inequality in nicaragua request pdf. Nicaragua, decided by the interamerican court of human. Nicaragua s dispute over indigenous lands has claimed at least 30 lives since 2008. As we noted in our june 2007 communication, the community has been. In addition to this disagreement about the size of the group, the parties to the case differed over how long the awas tingni had occupied the territory that they claimed. Nicaraguas titling of communal lands marks major step for. The amicus brief of the assembly of first nations in awas tingni v. A summary and case brief of mayagna sumo awas tingni community v. Nicaragua, the awas tingni people, and the impact of the case on other indigenous communities bringing similar issues before the court. In a number of countries in latin america, recent changes in the constitutional and legislative environment under which indigenous people hold or claim land and natural resource rights have triggered a number of processes and projects to demarcate, legalize, or otherwise consolidate indigenous lands.
Latest developments dispute regarding navigational and. This is the first case in which an international tribunal with legally binding. Nicaragua began in 1995 as an effort to legally contest a concession granted to a koreanbased logging company by the nicaraguan government within the ancestral territory of the. Republic of nicaragua 573 of the case of the awas tingni mayagna sumo indigenous community against the republic of nicaragua. Pdf the decision by the interamerican court of human. The mayangna of the awas tingni community, nicaragua the. Rights in the case of the mayagna sumo awas tingni community v. He held the position of person responsible for the forest within the community, and therefore he protected the forest from harm and cared for the animals.
Indigenous communities in nicaragua s atlantic coast are working to secure rights to broad territories based on traditional patterns of use and occupancy. Request to be considered amici curiae the amicus curiae brief is primarily a common law institution although countries with romanogermanic law traditions use it. The members of the community subsisted on the basis of communal agriculture, fruit gathering, hunting and fishing. Dispute regarding navigational and related rights costa rica. Nicaragua also reserved the right to request that the proceedings in the nicaragua v. Land rights conflict in indigenous territory if not us. Sep 06, 2002 inspection in the awas tingni community from august 18 to 28 of this year. Indigenous lands, loggers, and government neglect in nicaragua. Nicaragua eng petition alleging the states failure to demarcate communal land, to protect the indigenous peoples right to own their ancestral land and natural resources, and to guarantee access to effective remedy.
The legal representatives of the awas tingni also submitted a shadow report. Interamerican court of human rights case of the mayagna. The us indeed did violate use of force under international. 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.
The community had no real property title deed to the lands it claimed. Nicaragua hereinafter the official record of the agreements, signed by the victims and their representatives, the state, and the interamerican commission on may 3, 2008, which was submitted to the court the same day, following the private hearing in this case. Information after this date should not be cited in argument or used in reaching a verdict. Libertad mine, before merging with yamana gold tsx. 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. Canadian constitutional principles governing indigenous title and resource rights assist in illuminating the ordinary meaning of articles 1, 2, and 21 of the american convention on. Indigenous peoples, the environment, and commercial forestry in developing countries. Nicaragua has been a state party to the convention since september 25, 1979, and accepted the compulsory jurisdiction of the court on february 12, 1991, in the following. Court a lawsuit against the state of nicaragua hereinafter the state or. Nicaragua judgment of august 31, 2001 merits, reparations and costs in the mayagna sumo awas tingni community case hereinafter the community, the mayagna community, the awas tingni community, or awas tingni, the interamerican court of human rights hereinafter.730 1408 1510 530 260 802 1323 899 500 1004 1020 1073 942 408 65 1045 716 325 1137 1096 251 200 695 887 192 617 1429 1123 385 1555 947 321 404 921 265 1534 1323 1301 1001 197 468 719 752 266