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. 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. James anaya on a recent late morning in nicaragua i landed in a sovietmade helicopter a remnant of the revolutionary sandinistas 1980s past in the remo. 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. The case of the mayagna sumo awas tingni community v. 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. Case of the mayagna sumo awas tingni community v the. The members of the community subsisted on the basis of. Nicaragua, the awas tingni people, and the impact of the case.
Nicaragua judgment of august 31, 2001 merits, reparations and costs. A new step in the international law of indigenous peoples s. Sumo awas tingni community v the republic of nicaragua. 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. Nicaraguas titling of communal lands marks major step for.
Rights in the case of the mayagna sumo awas tingni community v. Nicaragua 2001 inter american court of human rights espsp. Interamerican court of human rights case of the mayagna sumo awas tingni community v. Environment, equality, and indigenous peoples land rights in the interamerican human rights system. Mayagna awas tingni community, addressed to the regional council of the raan. 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.
Mayagna sumo indigenous community of awas tingni v. Indigenous peoples, the environment, and commercial forestry in developing countries. Nations declaration on the rights of indigenous peoples and was the lead counsel for the indigenous parties in 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 mayangna of the awas tingni community, nicaragua the. 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. A summary and case brief of mayagna sumo awas tingni community v. Awas tingni community sues nicaragua government over. Court a lawsuit against the state of nicaragua hereinafter the state or. The text of the convention is available at see the convention, art 623, for ia courts jurisdiction to consider this case. Nicaragua, in which the interamerican court of human rights for the first time upheld indigenous land rights as a matter of international law. A landmark case for the interamerican system by claudio grossman i n 1996, the republic of nicaragua issued a korean corporation permission to. 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. The implementation gap article pdf available june 2017 with 39 reads how we measure reads.
The free trade area of the americas and human rights concerns sheryl dickey. The awas tingni community files an application for amparo against marena officials before the appellate court of matagalpa. As nicaragua noted in its 3rd period report to the committee, in its 2001 judgment in the. Awas tingni is located near the junction of the rio wawa and the river awas tingni in a densely forested area.
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. 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. The case of awas tingni involves the following players, each representing diverse yet interrelated interests. Presented by the university of arizona indigenous peoples law and policy program, in representation of. Nicaragua judgment of february 1, 2000 preliminary objections in the mayagna sumo awas tingni community case hereinafter the community or the mayagna community, the interamerican court of human rights hereinafter the court or the inter. 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. The decision by the interamerican court of human rights on the awas tingni vs. The judgment in mayagna sumo community of awas tingni v. Petition alleging the states failure to demarcate communal land, to protect the. Nicaragua 2007 24 arizona journal of international and comparative law 609.
Interamerican court of human rights case of the mayagna. Pdf the decision by the interamerican court of human. The awas tingni community is one of numerous ethnically sumo, or mayagna, 14 indigenous communities in the isolated atlantic coast region of nicaragua. Contextual translation of awas anjing into english. 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. 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.
For detailed information regarding the right to free, prior and. T he legal battle of the mayagna sumo community of awas tingni v. 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. The mayagna awas sumo tingni community lives in the atlantic coast of nicaragua and is made up of approximately 142 families. See also vuotto, jonathan p, awas tingni v nicaragua. Both sides agreed that the awas tingni had relocated their village. Interamerican court of human rights case of the mayagna sumo. The community had no real property title deed to the lands it claimed.
Centre for minority rights development kenya and minority. Jun 23, 2005 application that the court incorporate the expert evidence from the mayagna sumo awas tingni community case, and order that the references to the history, situation and organization of the indigenous people of the atlantic coast of nicaragua be considered replicated. The awas tingni community was an indigenous community located in the atlantic coast of nicaragua. The members of the community subsisted on the basis of communal agriculture, fruit gathering, hunting and fishing. Jan 05, 2009 nicaraguas titling of communal lands marks major step for indigenous rights opinions by s. Nicaragua culminated in 2001 when the interamerican court of human rights iachr acknowledged the communal property rights. A new step in the international law of indigenous peoples. American court of human rights in the case of awas tingni v. Accommodating indigenous peoples within the human rights. The state of nicaragua s implementation of the awas tingni v. This area along the atlantic coast, called the miskito coast, of nicaragua, is thickly. One year after breakthrough court order, nicaragua government. James anaya and claudio grossman the case of awas tingni v.
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. Free access was provided to the referred sacred area tuburus. Sumo,1 indigenous communities in the isolated atlantic coast region of. Awas tingni is an indigenous mayagna community of some 2,400 members on the miskito. In august 2001, the organization of american states interamerican court of human rights found international human rights violations in the nicaraguan. 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.