Presentation Materials

Whose land Is It?
The many faces of Indigenous Rigths and Land Claim
DEMARCATION AND ENTITLEMENT OF INDIGENOUS
TERRITORIES OF NICARAGUAN CARIBBEAN COAST
A result of the autonomous process
Por
Por::
Green Bay November 2005
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Content
Nicaragua historical
background and the
indigenous and afro
descendants peoples
Legal frame of the
demarcation and
entitlement
Execution of law 445
Caribbean voices
documentary
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The Caribbean Coast…
before Nicaragua
“Before the annexing of our regions to this country, the
Caribbean people were prosperous. There was
abundant food, each family had their own home. The
minerals were remain. The green of the forest cover
extended across the territory and the marine life was
rich. The people and ideas flowed freely from one
community to another, and the extent family was
strongly based in unity.
Communities were self sufficient and the people lived
in harmony with their environment. There were
differences among peoples and ethnic communities.
But most of them were solved through dialogue and
compromise.
(Ray Hooker, in the IV International Symposium on Autonomy, 2004)
Tribes allocated in the Mosquitia of Nicaragua 1500
(Doctoral Thesis of Karl Offen 1998)
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Tribes allocated in the Mosquitia of Nicaragua 1800
(Doctoral thesis Karl Offen 1998)
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Different history
Center/Pacific
Caribbean Coast
Spanish colony
Termination of
Indigenous people,
culture, and language
Catholic evangelization
Private property
development
Economy based on
Agrarian products export
British protectorate
Alliance with people,
language preservation
Moravian Evangelization
Communal Property
conservation
Economy based on
Natural resource
exploitation
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The annexation process
1860 The Managua Treaty
1894 Military forced annexation or The
Moskitia reincorporation
1905 The Harrison-Altamirano Treaty
Land take away
Cession to the transnational companies
“Castellanización - Turning spanish”
projects
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“Since 1,906 land
entitlement
commissions were
organized to implement
the terms of the
treaty…… yet there
were few titles
delivered and the
abuses continue…”
Goet 2,004
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……..Until 1960
Some titles were given, and these are the
background to present claims.
The Harrison-Altamirano Treaty appears as
the unique instance where the historical
claims of indigenous and afro descendant
people were considered as legitimate, even
partially
This period is coincident with the presence
of Standard Fruit Company, at that time one
of the largest concessionaries with
enormous activity and the protection of US
marines
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Miskitus and Sumus alliance
´70 Intents of modernization based on the
development of agro industry, raising cattle, and
export industry.
Natural resources are the main motor to Nicaragua
development. The state promote significant
changes on the Land tenure and arouse the concept
of “national lands”…… the argument is that there
are “empty lands that no one uses”
Huge forestry projects came with funding from IADB
New efforts to mobilize the indigenous communities
came. In the Wangki River, near Honduras border
the Miskitu and Sumu People Alliance for Progress,
ALPROMISU emerged as a channel for negotiation
with Nicaraguan state and become part of the
growing international movement that nurture it..
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The uprising
The Sandinista revolution triumph with popular and
nationalist speeches create an environment that favor
the development of social and political organization on
the Caribbean Coast
Coincidently with the international debate, our people
claim for land as a fundamental right, and became the
main negotiation issue with the sandinista government
that did not understand the people demand
In midst of a complex situation the uprising against
sandinistas broke out, in demand of territory and
resources control of the former Moskitia Reserve
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The autonomy bases
Entire communities were displaced from the north border
towards settlements in the inner part of the region
Other communities were “kidnapped” to Honduras.
High human and material cost destruction were
overcome as both parts seek for dialogue as an
alternative to a non antagonistic conflict.
The National Commission for Autonomy was constituted.
Dialogue began with the rebels inside and outside the
country
1986 the parliament approved a new constitution that
recognized the multiethnicity of Nicaraguans and the
special rights of indigenous people and ethnic
communities.
1987 the approval of the Autonomous Statutes which
establish the creation of two autonomous regions and the
implementation of the law since 1990.
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Autonomy: made land demarcation possible
Autonomy process began with
nation-state against it
Various intentions to reduce
autonomous rights
Agree to a Demarcation Law
because agencies pressure
Government first draft wanted to
give lot by family
Indigenous communities and
organizations, universities,
NGO´s activism led to a wide
discussion and approval of the
new law in 2002
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Indigenous People and Ethnic Communities in
Nicaragua 2002
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Indigenous People and Ethnic Communities
Vs forestry map
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Indigenous People and Ethnic Communities
VS Protected areas
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LEGAL FRAME WORK /DEMARCATION
PROCEES
LAW 445
REGIME OF COMMUNAL PROPERTY
OF THE INDIGENOUS AND ETHNIC
COMMUNITIES OF THE ATLANTIC
COAST AUTONOMOUS REGIONES,
AND THE WANGKI, BOCAY, INDIO
AND MAIZ RIVERS
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BACKGROUND TO THE PRESENT DEMARCATION
AND ENTITLEMENT
HARRISONALTAMIRANO
TREATY AND THE
ENTITLEMENT
COMMISSIÓN
IAN
INRA
SUPLETORIOS
TITLES
RENTALS
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LEGAL BACKGROUNDS
National Constitution
Law 28. Autonomous
Statutes of the
Autonomous Regions
of Nicaragua Atlantic
of Nicaragua
Municipality Law. /
Natural Resources
Laws
Creation of the
National Commission
for Demarcation
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CONTENT
Object and specific
purpose
Definitions
Organization
Communitarian
The relation with
municipal, regional and
national authorities
Property regime for other
occupants
Procedure for legalization
of communal lands
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OBJECT
Regulate the
indigenous and
ethnic communities
property of the
Atlantic Coast
Autonomous
Regions and the
Wangki, Bocay,
Indio and Maiz
Rivers
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PROPERTY CONCEPT
It is the collective property
constituted by the lands,
waters, forest and other
natural resource content, and
that traditionally belong to the
community. Also the traditional
knowledge, intellectual and
cultural property, biodiversity
resources and other goods,
rights and actions that belong
to one or more indigenous or
ethnic communities.
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COMMUNITARIAN ADMINISTRATION BODIES OF THE
COMMUNAL PROPERTY
Communal
authority
Territory Authority
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NATURAL RESOURCES
For daily sustenance
Forestry activities
Concessions
Exclusive use for
fishery
Protected areas
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THE PROPERTY REGIME
No mortgage, no
prescription, no
bargain
Collective rights
Traditional occupation
Rights for third
occupants
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THE CONADETI ATRIBUTIONS
The National Commission for
Demarcation:
Determine and solve
demarcation and
entitlement requests;
Direct the demarcation
process;
Create technical
commission within the
territory and regions;
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STEPS TOWARDS ENTITLEMENT
Request
Conflict resolution
Measurement and
signalization
Entitlement
Debt cleaning
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LAND TITLE PROCEDURES
Request: Identification of the
Community or group of communities,
legal representation
Diagnosis: They can request support to
practice it
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The research interest
Socio economic data
Demography
Ethno-history
Cartography
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Research practice
Cartographic
Ethnographic map (land use and community tradition related to land
use)
Overlap maps (the claim of neighbor communities over the
community in diagnosis)
Maps of Conflict (the presence of other occupants with or without
title within the area claimed by the community)
Maps of common use zones (areas use by indigenous
communities next to the community)
Border map (Area claimed by the community according to the
information obtained)
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Methodology
Social aspects, territory authorities define
the mechanisms
METHODS USED
Observation
Individual interviews
Communal workshops, collective assemblies
Focal Groups
Geographical Information System GIS
Global Positioning System G. P. S
NEW TECHNOLOGY SUPPORT
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Cartography
First Stage
Elaboration
Of basic map
Digitalización de Ríos,
Caminos, cerros, curvas
de nivel
Second Stage
Elaboración
Mapa Cognocitivo
Mapa etnográfico
Uso
Third Stage
Cross information
Field Verification
Georeferenciación
de los limites
Mapa de traslapes
Mapa de conflictos
Mapa de zonas
de
uso común
Mapa Limite
Introducción de la
Información de campo
Validación de la
Información
Diseño e Impresión
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Cartographic outcomes of the Research
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Cartographic outcomes of the Research
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Cartographic outcomes of the Research
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Cartographic outcomes of the Research
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Cartographic outcomes of the Research
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Regional outcomes until today
– Entitlement of six territories and demarcation
process for others
– Community learning about the existence and
content of the Law 445.
– Implementation of the Law, management
offices with technical resources and advisors.
– Information dissemination for other occupants
– Coordination with regional UNIVERSITIES,
local institutions and communal autorithies.
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Regional outcomes until today
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Trends
Centralization of
economic resources
Delay tactics
Political party
interests
Regional
Governments
polarization
The Law
Interpretation
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LESSONS LEARNED
• As
various communities share common areas
among them, future research should include
the neighboring communities.
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Challenges
Establish adequate articulations
Decentralize demarcation
management to the
autonomous regions
Build network for mutual
support with other peoples and
nations
How to stop the growing
environment degradation?
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Challenges
Accompany
communities/territories in the
management of their properties
Overcome corruption of leaders
Exclude inclusion of political
parties
How to prepare communities to
face CAFTA?
Increase women’s participation in
land issue
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