Nicaragua

Safe Harbor: A portrait of an Indigenous environmentalist and his community

Ervin Hogdson leaned forward in the dóri (dugout canoe) his father handcrafted from a massive rainforest tree. Grown and made on community lands, the prow of the boat rose and fell pointing toward the island village of Rama Cay (pronounced “Key”), the figure-eight-shaped sanctuary in the center of the lagoon, which is the Rama capital island, officially Caribbean Nicaragua. Ervin’s people, the Rama, are struggling to protect and keep sovereignty over their land and survive as a unique culture, but the young Rama environmentalist and teacher was hopeful.

Nicaragua Ratifies ILO Indigenous and Tribal Peoples Convention No. 169

Date: 09/11/2010

The government of Nicaragua ratified International Labor Organization Convention No. 169 on August 27, 2010. The convention is the only legally binding international instrument that specifically addresses Indigenous Peoples’ rights. Countries that ratified the document have used it as a framework for constitutional and legal reforms to ensure Indigenous Peoples rights are respected. In Guatemala Convention No. 169 was instrumental in the peace accords that ended 30 years of civil war between Indigenous groups and the government.

After the Verdict

Nicaragua is a multiethnic, multicultural, and multilingual nation. Internally it is divided into 16 departments, nine regions, and three special zones. In 1987, with the proclamation of a new political constitution and the approval of the Statute of Regional Autonomy of the Atlantic Coast of Nicaragua, the eastern coast of the country (referred to in the legislation as the Atlantic coast, but on a map it would be labeled the Caribbean coast) was divided into two large autonomous regions, north and south.

Ombuds Offices: A Handrail on the Bridge Between Law and Reality

Notwithstanding the many programs that have been implemented throughout Latin America to reform the administration of justice, in most countries judicial systems cannot yet guarantee that the rights of indigenous peoples are respected. In addition, there continue to be tensions between national justice systems and indigenous conflict-resolution methods.

One new institution that has been widely adopted throughout the region, the office of the Human Rights Ombudsman, is helping to improve this situation.

Bridging the Gap

During the first United Nations International Decade on the World’s Indigenous People (1995-2004), there were a number of positive developments for the world’s indigenous peoples. Many countries adopted legislation concerning land, resources, culture, language, education, justice, intellectual property rights, and in some instances, legal pluralism, autonomy, and self-governance. In 1989, just before the decade began, the International Labor Organization adopted Convention #169 on indigenous and tribal peoples, and since 1996 the U.N.

Inter-Community Conflicts New Considerations for Resource Disputes

Conflicts, like sagas, do not end quickly. They more often are punctuated by periodic successes or new challenges than by victory or defeat. Such is the story for some of Nicaragua's indigenous peoples. In its August 2001 decision in the Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua, the Inter-American Court of Human Rights established a groundbreaking precedent for state recognition and protection of indigenous peoples’ rights to land and natural resources in accordance with their customary use and occupancy patterns.

Higher Education on Nicaragua’s Multicultural Atlantic Coast

The University of the Autonomous Regions of the Caribbean Coast of Nicaragua (URACCAN) is a pluri-ethnic university located in the Caribbean region of Nicaragua. The university provides higher education to some of the country’s most marginalized peoples, including the indigenous Miskitu, Mayanga, and Rama, and the Afro-Caribbean Creole and Garífuna, all of whom live in the eastern half of the country. While comprising only four percent of Nicaragua’s total population, these coastal groups represent most of the country’s cultural and linguistic diversity.

 

Awas Tingni Community Sues Nicaragua Government over Noncompliance

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 people’s land and resource rights.In August 2001, the Organization of American States’ Inter-American Court of Human Rights found international human rights violations in the Nicaraguan government’s treatment of the Awas Tingni community’s ancestral land and resources (see Cultural Survival Quarterly 25:4 and 26:4).

One Year After Breakthrough Court Order, Nicaragua Government Still Ignores Awas Tingni Rights

One year after the Inter-American Court of Human Rights ordered that the Nicaragua government demarcate and grant title to Awas Tingni territory, the state has yet to respond. Although the Inter-American Court’s order of August 31, 2001, required that Nicaragua submit progress reports on the demarcation process every six months,1 no reports have been filed.

Inter-American Court of Human Rights Rules in Favor of Nicaraguan Indians

On September 17, 2001, the Inter-American Court of Human Rights, the highest tribunal in the Americas, released its decision in a case concerning the small Mayagna (Sumo) community of Awas Tingni, located on the forested area of Nicaragua's Caribbean coastal regional. In so doing, the Court affirmed the existence of indigenous peoples' collective rights to their land, resources, and environment.

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