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Awas Tingni

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Awas Tingniis anIndigenousMayangnacommunity of some 2,400 members on theMiskito CoastofNicaragua,in the municipality ofWaspamin theNorth Caribbean Coast Autonomous Region.Awas Tingni is located near the junction of the Rio Wawa and the river Awas Tingni in a densely forested area. In Mayagna,Awas Tingnimeans "Pine River" and denotes both the town and the river by which it is situated. Awas Tingni was named due to the large pine forest in the area, similar to thepine barrensof the mid-AtlanticUnited States.

In 2001 the Mayagna won a landmark case against the government of Nicaragua in which theInter-American Court of Human Rightsheld that they had a right as indigenous people to their collective land. In December 2008, the government completed a process of demarking and titling the land, giving them title to a total of 73,394 hectares (181,360 acres).[1]

Background

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This area along the Atlantic Coast, called theMiskito Coast,of Nicaragua, is thickly forested and isolated. It has long been a traditional territory ofindigenous peoples.TheMayagnacommunity of Awas Tingi has about 2,400 members in the municipality ofWaspamin theNorth Caribbean Coast Autonomous Region.

Population

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The population of Awas Tingni is relatively young; there are about 500 members of the community (roughly 1/4 of the population) under the age of five.[2]The community has one primary school, which has split sessions, or classes for two separate groups of students: one group of students attends classes in the morning and another group attends classes in the afternoon because the school is so crowded. A secondary school serves about 30 students.

In addition, Awas Tingni has oneMoravian churchand oneBaptist church.The number of churchgoers in Awas Tingni is now so great that the two churches lack sufficient space for all the congregants.

Languages

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The people of Awas Tingni speakSumo(also called Mayagna) as a first language. Many are also fluent inMiskito,which is from the same language family and is the majority language among indigenous peoples in northeast Nicaragua, andSpanishis taught in the schools. The Mayagna learn Miskito to communicate with the indigenous people in the surrounding villages, and Spanish is the language of education and government in Nicaragua.

The people in Awas Tingni raisecattle,hogs,andchickens,as well as several types of plant crops. Transportation includes a dirt road linking the community to the small town of Piñera and theWaspam-Puerto Cabezasroad beyond. Dugout canoes are also used for transportation on the Rio Wawa.

Redevelopment following Hurricane Felix

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Awas Tingni was hit severely byHurricane Felixin 2005; it is the site of several revitalization projects. On the outer edge of town, a model farm has been established, in which people learn how to growbeans,pineapple,manioc,andbananas,as well as the livestock ofhogsandchickens,among other crops. It has two sets of solar panels, used to charge batteries in order to power lights in the primary school when meetings are held there at night. The community has two wells, each approximately sixty feet (18 m) deep, and two that are forty feet (12 m) deep, constructed and installed by aid organizations. In addition, many people get their water from the Awas Tingni River.

Human rights case

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In the late twentieth century, the Mayagna community sued the Nicaraguan government for rights to their traditional land and its resources. They were in dispute as the government had granted a logging concession to private interests in Mayagna traditional territory without consulting with the people, and despite their complaints and requests to demarcate their land.

In 2001 the people of Awas Tingni won the landmarkhuman rightsjudgment, a ruling that Nicaragua had violated their rights; theInter-American Court of Human Rightsthus established the right of indigenous communities to their collective land as a basic human right. It was the first such ruling by a court with legally binding authority to rule that a government had violated the rights of indigenous people in their collective land.[3][4]"The Court found that the right to property, as affirmed in the Inter-American Convention on Human Rights, protects the traditional land tenure of indigenous peoples."[3]

The judgment inMayagna (Sumo) Community of Awas Tingni v. Nicaraguawas made in 2001, but it was not until 2008 that the government of Nicaragua completed the process of surveying and titling the land to the Mayagna. They were assisted by several parties, including the Indigenous Peoples Law & Policy Program of theUniversity of Arizona Law School.Under a 2007 resolution, land which the government illegally granted to veterans of the civil war were to be returned, and the people of Awas Tingni were to receive title to a total of 73,394 hectares (181,360 acres).[1]

As a result of the decision, in 2003 theNicaraguan National Assemblypassed a:[1]

new indigenous land demarcation law.... This law defines a set of rules and procedures for the demarcation of indigenous communal lands in the Atlantic Coast. Nicaraguan officials declared that Awas Tingni would be the first community to have its land titled under the new law. In 2004 the first phase of the demarcation and titling process was completed with a diagnostic study and set of maps documenting the community’s demographics and traditional land tenure.

References

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  1. ^abc"Nicaragua issues title to Awas Tingni's Lands!" (pdf)[permanent dead link],Indigenous Peoples Law and Policy Program (IPLP Program), University of Arizona Law School, accessed 12 December 2012
  2. ^Jeff Thompson
  3. ^abAwas Tingni v. NicaraguaArchivedJune 27, 2010, at theWayback Machine,Indigenous Peoples Law & Policy Program, University of Arizona; accessed 4 September 2007
  4. ^"Awas Tingni"ArchivedJuly 24, 2006, at theWayback Machine,Indian Law, Canada Bar Association, 1 May 2002; accessed 5 December 2005